[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Proposed Rules]
[Pages 17088-17091]
From the Federal Register Online via the Government Publishing 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: [email protected], 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
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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: [email protected].
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: [email protected], 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 [email protected].
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
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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
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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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