Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of trans, 53029-53033 [2013-21014]

Download as PDF Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) * * * * * 700 Special Standards for any election, whether disseminated hardcopy or electronically, must indicate in a prominent location on the balloting materials the specific amount of First-Class Mail postage required for return by mail to election officials. [Revise the heading of 703 as follows:] 8.1.5 703 Nonprofit Standard Mail and/or Other Unique Eligibility Except for ballots meeting one of the exceptions under 8.1.2, each mailing must be accompanied by a complete sample mailpiece. * * * * * [Revise the heading of 8.0 as follows:] 8.0 Verification [Revise the heading of renumbered 8.2 as follows:] Balloting Materials [Renumber 8.1 and 8.2 as 8.2 and 8.3. Add new 8.1 as follows:] 8.2 8.1 [Revise the introductory text of renumbered 8.2.1 as follows:] Basic Standards 8.1.1 Definition Balloting materials include postcard applications, all ballot types, voting instructions, mailing instructions, and return envelopes. wreier-aviles on DSK5TPTVN1PROD with RULES 8.1.2 Exceptions to Standards An exception to the marking and verification standards in 8.1.3 through 8.1.5 is granted for one of the following reasons: a. Ballots are mailed under 8.2, Special Exemption. b. Ballots are returned under 505.1.0, Business Reply Mail. c. A postage due account has been established to guarantee the payment of return postage. d. Prepayment of return postage is made by stamps, meter, or Permit Reply Mail. 8.1.3 Postage Except for ballots meeting one of the exceptions under 8.1.2, balloting materials for any election, whether disseminated hardcopy or electronically, must indicate in a prominent location that the proper amount of postage must be paid. This information must be included in the balloting materials with the marking ‘‘First-Class Mail postage must be applied.’’ Alternatively, the marking ‘‘Apply First-Class Mail postage here’’ may be printed in the upper right corner of the address side of the return envelope. Approved versions will also be acceptable in either location. Election officials should consult with postal officials to assist with mailpiece design, barcode placement, and to determine the proper amount of postage required for mailing ballots to voters and the return of ballots to election officials. 8.1.4 Notification of Postage Requirement on Return Ballots Except for ballots meeting one of the exceptions under 8.1.2, all ballot types VerDate Mar<15>2010 14:52 Aug 27, 2013 Jkt 229001 Special Exemption 8.2.1 Definition Balloting materials may be sent through the mail without prepayment of postage to enable persons in the following categories to apply for registration and vote by absentee ballot when absent from the place of voting residence and otherwise eligible to vote as an absentee: * * * * * [Delete renumbered heading 8.3, Marking, and renumber 8.3.1 as 8.2.5, Exhibit 8.3.1 as Exhibit 8.2.5, 8.3.2 as 8.2.6, Exhibit 8.3.2 as Exhibit 8.2.6, and 8.3.3 as 8.2.7.] * * * * * We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes. Stanley F. Mires, Attorney, Legal Policy and Legislative Advice. [FR Doc. 2013–20799 Filed 8–27–13; 8:45 am] BILLING CODE 7710–12–P 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-3,3,3trifluoroprop-1-ene [SolsticeTM 1233zd(E)] Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: 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 SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 53029 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-3,3,3trifluoroprop-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: https:// 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: sanders.dave@epa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\28AUR1.SGM 28AUR1 53030 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations 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 § 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? wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 14:52 Aug 27, 2013 Jkt 229001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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. C. Contribution to Tropospheric Ozone Detailed information on the ozone reactivity of SolsticeTM 1233zd(E) was presented in the direct final rulemaking 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. E:\FR\FM\28AUR1.SGM 28AUR1 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES (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. 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. 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 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-andcomment 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. 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 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. 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. VerDate Mar<15>2010 14:52 Aug 27, 2013 Jkt 229001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 53031 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 E:\FR\FM\28AUR1.SGM 28AUR1 53032 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations V. Statutory and Executive Order Reviews IV. Final Action wreier-aviles on DSK5TPTVN1PROD with RULES applying the Interim Guidance itself supports such approval. 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). 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. VerDate Mar<15>2010 14:52 Aug 27, 2013 Jkt 229001 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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. E:\FR\FM\28AUR1.SGM 28AUR1 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 14:52 Aug 27, 2013 Jkt 229001 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 53033 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 1. The authority citation for Part 51, Subpart F, continues to read as follows: ■ 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. Authority: 42 U.S.C. 7401, 7411, 7412, 7413, 7414, 7470–7479, 7501–7508, 7601, and 7602. § 51.100—[Amended] 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-3,3,3trifluoroprop-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 ENVIRONMENTAL PROTECTION AGENCY L. Judicial Review 40 CFR Part 52 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. [EPA–R09–OAR–2013–0148; FRL–9843–8] 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 Approval and Promulgation of Air Quality Implementation Plans; Nevada; Regional Haze Federal Implementation Plan; Extension of BART Compliance Date for Reid Gardner Generating Station Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to extend the compliance date for NOX emission limits, under the Best Available Retrofit Technology (BART) requirements of the Regional Haze Rule, for Units 1, 2, and 3 at the Reid Gardner Generating Station (RGGS) by 18 months from January 1, 2015, to June 30, 2016. EPA’s BART determination was promulgated in a Federal Implementation Plan (FIP) on August 23, 2012. On March 26, 2013, EPA granted reconsideration of the compliance date and proposed to extend the compliance date for the NOX emission limits applicable to Units 1, 2, and 3 at RGGS. SUMMARY: E:\FR\FM\28AUR1.SGM 28AUR1

Agencies

[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53029-53033]
From the Federal Register Online via the Government Printing 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: https://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: sanders.dave@epa.gov.

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