[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53029-53033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21014]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2012-0393; FRL-9844-3]
RIN 2060-AR67
Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of trans 1-chloro-3,3,3-trifluoroprop-1-ene
[SolsticeTM 1233zd(E)]
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is taking final action to revise the regulatory
definition of volatile organic compounds (VOCs) for purposes of
preparing state implementation plans (SIPs) to attain the national
ambient air quality standards (NAAQS) for ozone under title I of the
Clean Air Act (CAA). This final action adds trans 1-chloro-3,3,3-
trifluoroprop-1-ene (also known as SolsticeTM 1233zd(E)) to
the list of compounds excluded from the regulatory definition of VOCs
on the basis that this compound makes a negligible contribution to
tropospheric ozone formation. As a result, if you are subject to
certain federal regulations limiting emissions of VOCs, your emissions
of SolsticeTM 1233zd(E) may not be regulated for some
purposes. This action may also affect whether SolsticeTM
1233zd(E) is considered as a VOC for state regulatory purposes,
depending on whether the state relies on the EPA's regulatory
definition of VOCs. An exemption for SolsticeTM 1233zd(E)
was promulgated first as a direct final rulemaking but was withdrawn
because EPA received an adverse comment.
DATES: This rule is effective on September 27, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2012-0393. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Docket ID No. EPA-HQ-OAR-
2012-0393, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air and Radiation Docket and Information Center is (202)
566-1742. For additional information about the EPA's public docket,
visit the EPA Docket Center homepage at: http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Policy Division, Mail Code C539-01,
Research Triangle Park, NC 27711; telephone: (919) 541-3356; fax
number: 919-541-0824; email address: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 53030]]
I. General Information
A. Does this action apply to me?
Entities potentially affected by this final rule include, but are
not necessarily limited to, state and local air pollution control
agencies that adopt and implement regulations to control air emissions
of VOCs; industries involved in the manufacture or use of refrigerants,
aerosol and non-aerosol solvents and blowing agents for insulating
foams; and manufacturers of refrigeration equipment, hot water heaters
and waste heat recovery equipment. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section. This
action has no substantial direct effects on industry because it does
not impose any new mandates on these entities, but, to the contrary,
removes SolsticeTM 1233zd(E) from the regulatory definition
of VOCs. The use of this compound remains subject to other restrictions
under the CAA. Specifically, the use of this compound as an aerosol
propellant, blowing agent or refrigerant, or any other use in which it
would substitute for chlorofluorocarbons, hydrochlorofluorocarbons or
their substitutes, is subject to restrictions under the Significant New
Alternatives Policy (SNAP) program (CAA Sec. 612; 40 CFR part 82
subpart G). The SNAP program has issued final approvals for
SolsticeTM 1233zd(E) as a suitable foam and refrigerant
substitute and as a propellant (74 FR 50129, September 30, 2009; 75 FR
34017, June 16, 2010), and as a solvent for metals, electronics, and
precision cleaning and in adhesives, coatings, and inks.
B. How is this preamble organized?
Table of Contents
I. General Information
A. Does this action apply to me?
B. How is this preamble organized?
II. Background
A. The EPA's VOC Exemption Policy
B. Petition to List SolsticeTM 1233zd(E) as an Exempt
Compound
C. Contribution to Tropospheric Ozone
D. Health and Environmental Risks
III. Proposed Action and Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Judicial Review
II. Background
A. The EPA's VOC Exemption Policy
Tropospheric ozone, commonly known as smog, is formed when VOCs and
nitrogen oxides (NOX) react in the atmosphere in the
presence of sunlight. Because of the harmful health effects of ozone,
the EPA and state governments limit the amount of VOCs that can be
released into the atmosphere. VOCs are those organic compounds of
carbon that form ozone through atmospheric photochemical reactions.
Different VOCs have different levels of reactivity. That is, they do
not react to form ozone at the same speed or do not form ozone to the
same extent. Some VOCs react slowly or form less ozone; therefore,
changes in their emissions have less and, in some cases, very limited
effects on local or regional ozone pollution episodes. It has been the
EPA's policy that organic compounds with a negligible level of
reactivity should be excluded from the regulatory definition of VOCs so
as to focus VOC control efforts on compounds that do significantly
increase ozone concentrations. The EPA also believes that exempting
such compounds creates an incentive for industry to use negligibly
reactive compounds in place of more highly reactive compounds that are
regulated as VOCs. The EPA lists compounds that it has determined to be
negligibly reactive in its regulations as being excluded from the
regulatory definition of VOCs (40 CFR 51.100(s)).
Section 302(s) of the CAA specifies that the EPA has the authority
to define the meaning of ``VOC,'' and hence what compounds shall be
treated as VOCs for regulatory purposes. The policy of excluding
negligibly reactive compounds from the regulatory definition of VOCs
was first set forth in the ``Recommended Policy on Control of Volatile
Organic Compounds'' (42 FR 35314, July 8, 1977) and was supplemented
most recently with the ``Interim Guidance on Control of Volatile
Organic Compounds in Ozone State Implementation Plans'' (Interim
Guidance) (70 FR 54046, September 13, 2005). The EPA uses the
reactivity of ethane as the threshold for determining whether a
compound has negligible reactivity. Compounds that are less reactive
than, or equally reactive to, ethane under certain assumed conditions
may be deemed negligibly reactive and therefore suitable for exemption
from the regulatory definition of VOCs. Compounds that are more
reactive than ethane continue to be considered VOCs for regulatory
purposes and therefore are subject to control requirements. The
selection of ethane as the threshold compound was based on a series of
smog chamber experiments that underlay the 1977 policy.
The EPA has used three different metrics to compare the reactivity
of a specific compound to that of ethane: (i) The reaction rate
constant (known as kOH) with the hydroxyl radical (OH); (ii)
the maximum incremental reactivity (MIR) on a reactivity per unit mass
basis; and (iii) the MIR expressed on a reactivity per mole basis. A
full description of each metric and how it is derived can be found in
the direct final rulemaking (78 FR 11101, February 15, 2013) and is not
repeated here.
B. Petition to List SolsticeTM 1233zd(E) as an Exempt Compound
Honeywell Inc. submitted a petition to the EPA on July 19, 2011,
requesting that SolsticeTM 1233zd(E) (CAS number 102687-65-
0) be exempted from VOC control based on its low reactivity relative to
ethane.\1\ The petitioner indicated that SolsticeTM
1233zd(E) may be used in a variety of applications, including as a
solvent in aerosol and non-aerosol applications, as a blowing agent in
insulating foams for refrigerators/freezers and hot water heaters and
as a refrigerant in commercial chillers and waste heat recovery (Rankin
cycle) systems. A fuller description of the petition regarding
SolsticeTM 1233zd(E), including a discussion of other
compounds for which it would substitute, is found in the direct final
rulemaking (78 FR 11101, February 15, 2013) and is not repeated here.
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\1\ Trans 1-chloro-3,3,3-trifluoroprop-1-ene will also be
marketed by Honeywell under the trade names SolsticeTM
N12 Refrigerant, SolsticeTM Liquid Blowing Agent
(SolsticeTM LBA), and SolsticeTM Performance
Fluid.
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C. Contribution to Tropospheric Ozone
Detailed information on the ozone reactivity of
SolsticeTM 1233zd(E) was presented in the direct final
rulemaking
[[Page 53031]]
(78 FR 11101, February 15, 2013) and is summarized here.
SolsticeTM 1233zd(E) has a higher kOH value
than ethane, meaning that it initially reacts more quickly in the
atmosphere than ethane. However, a molecule of SolsticeTM
1233zd(E) is less reactive than a molecule of ethane in terms of
complete ozone forming activity as shown by the molar-based MIR (g
O3/mole VOC) values. Also, a gram of SolsticeTM
1233zd(E) has a lower MIR value than a gram of ethane. Thus, under the
Interim Guidance, SolsticeTM 1233zd(E) is eligible to be
exempted from the regulatory definition of VOCs, based on both mass-
based and molar-based MIR.
D. Health and Environmental Risks
The preamble to the direct final rulemaking (78 FR 11101, February
15, 2013) provided background information on the Premanufacture Notice
(PMN) review and SNAP program review of SolsticeTM
1233zd(E). That preamble also presented other information relevant to
any potential health or environmental risks. This information is
summarized here.
As a chemical not yet introduced into commerce,
SolsticeTM 1233zd(E) completed a PMN review on January 30,
2012. After considering all relevant data currently available, the EPA
was unable to find any unreasonable risks to human health or the
environment from the expected use of the substance. Based on this
finding, the EPA did not find it necessary to take any actions to
prevent unreasonable risk under the Toxic Substance Control Act (TSCA).
The SNAP program review of SolsticeTM 1233zd(E)
described the potential health effects of SolsticeTM
1233zd(E) as being common to many refrigerants, foam agents and
solvents, including many of those already listed as acceptable under
SNAP. Potential health effects of this substitute include serious eye
irritation, skin irritation and frostbite. EPA anticipates that users
will be able to meet the manufacturer's recommended workplace exposure
limit and address potential health risks by following requirements and
recommendations in the material safety data sheet and in any other
safety precautions common to the refrigeration and air conditioning
industry, the foam blowing industry and the solvent-based cleaning
industry and common when using adhesives and coatings.\2\
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\2\ Since publication of the direct final rule and parallel
proposed rule, the SNAP program found SolsticeTM
1233zd(E) acceptable for use as a solvent for metals, electronics,
and precision cleaning and in adhesives, coatings, and inks (78 FR
29034, May 17, 2013). The SNAP program is currently still reviewing
SolsticeTM 1233zd(E) for use as a refrigerant for non-
mechanical heat transfer.
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SolsticeTM 1233zd(E) is not flammable.
SolsticeTM 1233zd(E) is not expected to undergo wet or dry
deposition to an appreciable extent.
SolsticeTM 1233zd(E) has a 100-yr global warming
potential (GWP) reported as 4.7 to 7 and an atmospheric lifetime of
approximately 26 to 31 days or less. The net GWP effect of increased
use of SolsticeTM 1233zd(E) in place of certain other
compounds will be advantageous.
III. Proposed Action and Response to Comments
Based on both the mass and molar MIR values for
SolsticeTM 1233zd(E) being equal to or less than that of
ethane, the EPA issued a direct final rule (78 FR 11101, February 15,
2013) and a parallel notice-and-comment proposal (78 FR 11119, February
15, 2013) to find that SolsticeTM 1233zd(E) is ``negligibly
reactive'' and to exempt SolsticeTM 1233zd(E) from the
regulatory definition of VOCs at 40 CFR 51.100(s).
Comments: The EPA received three comments on the parallel notice-
and-comment proposal during its comment period. Only one commenter, an
individual, expressed reservations about the proposed exemption.\3\
This commenter believes that the low ozone reactivity of
SolsticeTM 1233zd(E) is not sufficient to exempt it from the
regulatory definition of VOCs in light of what the commenter says are
its hazards to humans and the environment. The commenter characterizes
SolsticeTM 1233zd(E) as being a toxin and a halogen and
notes that it has an occupational exposure limit (OEL) of 300 parts per
million (ppm). The commenter says that removing SolsticeTM
1233zd(E) from the regulatory definition of VOCs would trivialize the
safety hazards posed by its use and that keeping SolsticeTM
1233zd(E) within the regulatory definition of VOCs would incline people
who work near and on it to treat it with caution.
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\3\ The EPA considered this comment to be an adverse comment and
accordingly withdrew the direct final rule before it became
effective. 78 FR 23149, April 18, 2013.
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Two comments, one from the petitioner Honeywell and the other from
an individual, supported the proposed exemption. Honeywell's comments
directly address the assertions made by the commenter who expressed the
reservations noted above. Honeywell notes that SolsticeTM
1233zd(E) does not meet the common definition of a ``toxin'' and that
it is not itself a halogen. Honeywell also explains that the OEL of 300
ppm is Honeywell's own recommendation and that this level is higher
than three other particular chemicals that have already been excluded
from the regulatory definition of VOCs. Honeywell states that
SolsticeTM 1233zd(E) is not a listed chemical substance in
the regulations of the Occupational Safety and Health Administration
(OSHA), nor would it be classified as acutely toxic based on OSHA
health hazard criteria. Honeywell also notes that SolsticeTM
1233zd(E) is not a hazardous air pollutant under the Clean Air Act.
EPA Response: The EPA agrees with the factual information provided
in the comments from Honeywell. The EPA notes that the only fact cited
in the single adverse comment is that the (Honeywell-recommended) OEL
for SolsticeTM 1233zd(E) is 300 ppm. The commenter does not
argue or present any evidence that exposures to workers or the public
will approach this level. The EPA does not agree that keeping
SolsticeTM 1233zd(E) within the regulatory definition of
VOCs would increase worker or public awareness of its potential
toxicity at high exposure levels or help them to limit their exposures,
in the context of other mechanisms operating to inform and protect
workers and the public from high exposures, because such individuals
are unlikely to be aware of the details of the EPA's regulatory
definition of VOCs and because individuals do not necessarily associate
mere qualification as a VOC with hazard. There are more direct and
customary ways for people likely to be exposed to the chemical to
become aware of needed precautions (e.g., material safety data sheets).
Issues of workplace exposure were considered in the EPA's reviews of
this compound under the PMN and SNAP program and the EPA felt that
existing measures were appropriate to prevent unreasonable risk.
As stated previously, the EPA finds that SolsticeTM
1233zd(E) qualifies as negligibly reactive with respect to its
contribution to tropospheric ozone formation. In addition, we believe
that risks not related to tropospheric ozone associated with currently
allowed uses of the chemical are acceptable and that any new or
increased risk from potential new uses are adequately addressed by
other existing programs and policies, specifically the SNAP program. We
also believe that the comparable or lower GWP of SolsticeTM
1233zd(E) compared to other acceptable substitutes is an additional
reason to approve the SolsticeTM 1233zd(E) petition given
that
[[Page 53032]]
applying the Interim Guidance itself supports such approval.
IV. Final Action
The EPA is taking final action to approve the petition for
exemption of SolsticeTM 1233zd(E) from the regulatory
definition of VOCs.
If an entity uses or produces SolsticeTM 1233zd(E) and
is subject to the EPA regulations limiting the use of VOC in a product
other than an aerosol coating, limiting the VOC emissions from a
facility, or otherwise controlling the use of VOC for purposes related
to attaining the ozone NAAQS, then the compound will not be counted as
a VOC in determining whether these regulatory obligations have been
met. Emissions of this compound will not be considered in determining
whether a proposed new or modified source triggers the applicability of
Prevention of Significant Deterioration (PSD) requirements, in areas
where the PSD program is implemented by the EPA or a delegated state,
local or tribal agency. This action may also affect whether
SolsticeTM 1233zd(E) is considered as a VOC for state
regulatory purposes to reduce ozone formation, if a state relies on the
EPA's regulatory definition of VOCs. States are not obligated to
exclude from control as a VOC those compounds that the EPA has found to
be negligibly reactive. However, states may not take credit for
controlling these compounds in their ozone control strategies.
This action is consistent with the Interim Guidance in that two of
the three reactivity metric values for SolsticeTM 1233zd(E)
compare favorably to the corresponding values for ethane. This action
is also supported by our inability in the Premanufacture Notification
Review Program to find any unreasonable risks to human health or the
environment from the expected use of the substance, our finding in the
SNAP program review of this chemical that use of this chemical in
currently allowed applications poses lower or comparable overall risk
to human health and the environment than other acceptable options for
the same uses, and on our confidence that the SNAP program would
prevent the use of this chemical in any additional applications subject
to review by the SNAP program where such use would pose a significant
risk to human health or the environment.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). It does not contain any
recordkeeping or reporting requirement.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations and small governmental jurisdictions.
For purposes of assessing the impacts of this action on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration (SBA) regulation (see 13 CFR
121.201); (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 USC 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule. This final rule
removes SolsticeTM 1233zd(E) from the regulatory definition
of VOCs and thereby relieves users of the compound from requirements to
control emissions of the compound. We have, therefore, concluded that
today's final rule will relieve regulatory burden for all affected
small entities.
D. Unfunded Mandates Reform Act
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local or tribal governments or the private sector.
The action imposes no enforceable duty on any state, local or tribal
governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 and 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This final rule
removes SolsticeTM 1233zd(E) from the regulatory definition
of VOCs and thereby relieves users of the compound from requirements to
control emissions of the compound.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This final rule removes
SolsticeTM 1233zd(E) from the regulatory definition of VOCs
and thereby relieves users from requirements to control emissions of
the compound. Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It would not
have substantial direct effects on tribal governments, on the
relationship between the federal government and Indian Tribes, or on
the distribution of power and responsibilities between the federal
government and Indian Tribes, as specified in Executive Order 13175.
[[Page 53033]]
Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866. While this final rule is not subject to the Executive Order, the
EPA has reason to believe that ozone has a disproportionate effect on
active children who play outdoors (62 FR 38856; 38859, July 18, 1997).
The EPA has not identified any specific studies on whether or to what
extent SolsticeTM 1233zd(E) may affect children's health.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d), (15 U.S.C.
272 note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the agency
decides not to use available and applicable voluntary consensus
standards. This rulemaking does not involve technical standards.
Therefore, the EPA has not considered the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it will not
affect the level of protection provided to human health or the
environment.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on September 27, 2013.
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit Court within 60 days from the date the
final action is published in the Federal Register. Filing a petition
for review by the Administrator of this final action does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review
must be final, and shall not postpone the effectiveness of such action.
Thus, any petitions for review of this action related to the exemption
of SolsticeTM 1233zd(E) from the regulatory definition of
VOCs must be filed in the Court of Appeals for the District of Columbia
Circuit within 60 days from the date final action is published in the
Federal Register.
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Ozone, Reporting and recordkeeping requirements,
Volatile organic compounds.
Dated: August 16, 2013.
Gina McCarthy,
Administrator.
For reasons set forth in the preamble, part 51 of chapter I of
title 40 of the Code of Federal Regulations is amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for Part 51, Subpart F, continues to read as
follows:
Authority: 42 U.S.C. 7401, 7411, 7412, 7413, 7414, 7470-7479,
7501-7508, 7601, and 7602.
Sec. 51.100--[Amended]
0
2. Section 51.100 is amended at the end of paragraph (s)(1)
introductory text by removing the words ``and perfluorocarbon compounds
which fall into these classes:'' and adding in their place the words
``trans 1-chloro-3,3,3-trifluoroprop-1-ene; and perfluorocarbon
compounds which fall into these classes:''.
[FR Doc. 2013-21014 Filed 8-27-13; 8:45 am]
BILLING CODE 6560-50-P