[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Proposed Rules]
[Pages 17088-17091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06789]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2013-0775; FRL-9906-72-OAR]
RIN 2060-AR92


Air Quality: Revision to the Regulatory Definition of Volatile 
Organic Compounds--Exclusion of 2-amino-2-methyl-1-propanol (AMP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
revise the regulatory definition of volatile organic compounds (VOCs) 
under the Clean Air Act (CAA). This proposed revision would add 2-
amino-2-methyl-1-propanol (also known as AMP; CAS number 124-68-5) 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. In the ``Rules and Regulations'' section 
of this Federal Register, we are making this same amendment as a direct 
final rule without a prior proposed rule. If we receive no adverse 
comment, we will not take further action on this proposed rule.

DATES: Comments must be received on or before May 27, 2014.
    Public Hearing: If anyone contacts the EPA requesting a public 
hearing concerning the proposed regulation by April 11, 2014, we will 
hold a public hearing on April 28, 2014. If a public hearing is held, 
it will be held at 10 a.m. at Building C on the EPA campus in Research 
Triangle Park, NC, or at an alternate site nearby. Please refer to 
SUPPLEMENTARY INFORMATION for additional information on the comment 
period and the public hearing.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0775, by one of the following methods:
     Follow the on-line instructions for submitting comments: 
www.regulations.gov.
     Email: a-and-r-Docket@epamail.epa.gov, Attention Docket ID 
No. EPA-HQ-OAR-2013-0775.
     Fax: 202-566-9744, Attention Docket ID No. EPA-HQ-OAR-
2013-0775.
     Mail: Docket ID No. EPA-HQ-OAR-2013-0775, Environmental 
Protection Agency, Mail Code: 28221T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, U.S. Environmental 
Protection Agency, 1301 Constitution Avenue NW., William Jefferson 
Clinton West Building, Room: 3334, Mail Code: 28221T, Washington, DC 
20460, Attention Docket ID No. EPA-HQ-OAR-2013-0775. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2013-0775. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov, 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov, your email address will be

[[Page 17089]]

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption and be free 
of any defects or viruses. For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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-
2013-0775, EPA/DC, William Jefferson Clinton West Building, Room 3334, 
1301 Constitution Ave. 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 is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Souad Benromdhane, Office of Air 
Quality Planning and Standards, Health and Environmental Impacts 
Division, Mail Code C539-07, Environmental Protection Agency, Research 
Triangle Park, NC 27711; telephone: (919) 541-4359; fax number: (919) 
541-5315; email address: benromdhane.souad@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
    A. Why is the EPA using a direct final rule?
    B. Where can I get a copy of this document and other related 
information?
    C. What should I consider as I prepare my comments for the EPA?
    D. How can I find information about a possible public hearing?
II. Proposed Rule
III. 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

I. General Information

A. Why is the EPA using a direct final rule?

    We are publishing a direct final rule in the ``Rules and 
Regulations'' section of this Federal Register because we view this 
action as a noncontroversial action and anticipate no adverse comment.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this proposal will also be available on the World Wide Web. Following 
signature by the EPA Administrator, a copy of this action will be 
posted on the EPA's Web site www.epa.gov/ttn/oarpg/new/html.

C. What should I consider as I prepare my comments for the EPA?

    Submitting CBI: Do not submit this information to the EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.

D. How can I find information about a possible public hearing?

    Public Hearing: If anyone contacts the EPA requesting to present 
oral testimony at a public hearing concerning the proposed regulation 
by April 11, 2014, we will hold a public hearing on April 28, 2014. If 
a public hearing is held, it will be held at 10 a.m. at Building C on 
the EPA campus in Research Triangle Park, NC, or at an alternate site 
nearby. Persons interested in presenting oral testimony must contact 
Sherry Russell, Office of Air Quality Planning and Standards, Health 
and Environmental Impacts Division, Mail Code C504-02, Research 
Triangle Park, NC 27711; telephone: (919) 541-0306; fax number: (919) 
541-2464; email address: russell.sherry@epa.gov, no later than April 
11, 2014. Persons interested in attending the public hearing if one is 
held must also call Ms. Russell to verify the time, date and location 
of the hearing. If no one contacts Ms. Russell by April 11, 2014 with a 
request to present oral testimony at the hearing, we will cancel the 
hearing. To find out if a hearing has been requested, please check the 
EPA's Web site www.epa.gov/ttn/oarpg/new/html for further information, 
or contact Ms. Sherry Russell at russell.sherry@epa.gov.

II. Proposed Rule

    This proposed action would revise the EPA's regulatory definition 
of VOCs for purposes of preparing SIPs to attain the NAAQS for ozone 
under title I of the CAA, by adding AMP 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.\1\ We have explained our reasons for this action in the 
preamble to the direct final rule. The regulatory text for the proposal 
is identical to that for the direct final rule published in the ``Rules 
and Regulations'' section of this Federal Register. For further 
supplementary information, the detailed rationale for the proposal and 
the regulatory revisions, see the direct final rule published under 
``Rules and Regulations'' of this Federal Register.
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    \1\ 2-amino-2-methyl-1-propanol (AMP) is also known as 
Isobutanolamine and CAS No. 124-68-5.
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    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule, and take further action on this proposed rule. 
We would address all public comments in any subsequent final rule based 
on this proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further

[[Page 17090]]

information, please see the information in the ADDRESSES section of 
this document.

III. 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 
proposed 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 notice on small 
entities, small entity is defined as: (1) A small business that is a 
small industrial entity as defined in the U.S. Small Business 
Administration (SBA) size standards. (See 13 CFR 121.); (2) A 
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 proposed 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 U.S.C. 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 proposed rule 
would remove AMP from the regulatory definition of VOCs and thereby 
relieve users of the compound from requirements to control emissions of 
the compound. We have therefore concluded that today's proposed rule 
would relieve regulatory burden for all affected small entities. We 
continue to be interested in the potential impacts of the proposed rule 
on small entities and welcome comments on issues related to such 
impacts.

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 proposed rule 
would remove AMP from the regulatory definition of VOCs and thereby 
relieve 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 proposed rule would remove AMP 
from the regulatory definition of VOCs and thereby relieve users of the 
compound from requirements to control emissions of the compound. Thus, 
Executive Order 13132 does not apply to this rule. In the spirit of 
Executive Order 13132, and consistent with the EPA policy to promote 
communications between the EPA and state and local governments, the EPA 
specifically solicits comment on this proposed rule from state and 
local officials.

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. 
This proposed rule would remove AMP from the regulatory definition of 
VOCs and thereby relieve users of the compound from requirements to 
control emissions of the compound. 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 proposed rule is not subject to the Executive Order, 
the EPA has reason to believe that at higher concentrations 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 AMP may affect children's health. 
The public is invited to submit comments or identify peer-reviewed 
studies and data, of which the EPA may not be aware, that assess 
results of early life exposure to the chemical compound herein.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211, (66 FR 28355, May 22, 2001) because it is not 
likely to have a significant adverse effect on the supply, distribution 
or use of energy. This proposed rule would remove AMP from the 
regulatory definition of VOCs and thereby relieve users of the compound 
from requirements to control its emissions.

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

[[Page 17091]]

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 proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it would not 
affect the level of protection provided to human health or the 
environment.

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: March 21, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014-06789 Filed 3-26-14; 8:45 am]
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