Air Quality: Revision to the Regulatory Definition of Volatile Organic Compounds-Exclusion of 2-amino-2-methyl-1-propanol (AMP), 17088-17091 [2014-06789]
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17088
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Proposed Rules
the human environment. This proposed
rule involves establishing a safety zone
for a fireworks display launch site and
fallout area and is expected to have no
impact on the water or environment.
This zone is designed to protect
mariners and spectators from the
hazards associated with aerial fireworks
displays. This rule is categorically
excluded from further review under
paragraph 34 (g) of Figure 2–1 of the
Commandant Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
No.
Date
environmental impact from this
proposed rule.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
2. At § 165.506, in the Table to
§ 165.506, make the following
amendments:
■ a. Under ‘‘(d) Coast Guard Sector
North Carolina—COTP Zone,’’ suspend
entry 2, from 5:30 p.m. on July 4, 2014
to 1 a.m. on July 5, 2015.
■ b. Under, ‘‘(d) Coast Guard Sector
North Carolina—COTP Zone,’’ add entry
15, which will be enforced from 5:30
p.m. on July 4, 2014 to 1 a.m. on July
5, 2014, to read as follows:
§ 165.506–T05–0148 Safety Zones; Fifth
Coast Guard District Fireworks Displays,
Cape Fear River, Wilmington, NC.
*
Location
*
*
*
*
Regulated area
(d) Coast Guard Sector North Carolina—COTP Zone
*
15 ................
*
July 4–5, 2014 ...
*
*
*
*
*
Cape Fear River, Wilmington, NC, All waters of the Cape Fear River within a 300 yard radius of the fireSafety Zone.
works launch barge in approximate position latitude 34°14′17″ N longitude 077°57′11″.
Dated: March 16, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2014–06837 Filed 3–26–14; 8:45 am]
BILLING CODE 9110–04–P
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-2methyl-1-propanol (AMP)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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-1propanol (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
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SUMMARY:
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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
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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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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Proposed Rules
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 https://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:
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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
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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
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17089
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.
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
1 2-amino-2-methyl-1-propanol (AMP) is also
known as Isobutanolamine and CAS No. 124–68–
5.
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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Proposed Rules
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.
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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
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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
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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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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0248; FRL–9908–47–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Carbon Monoxide
Second Limited Maintenance Plan for
the Pittsburgh Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve a
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Pennsylvania, which
consists of a second limited
maintenance plan for the carbon
monoxide (CO) Pittsburgh Area (‘‘the
Pittsburgh Area’’ or ‘‘the Area’’) in
Allegheny County, formerly designated
as a CO nonattainment area. In the Final
Rules section of this Federal Register,
EPA is approving the Commonwealth’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
DATES: Comments must be received in
writing by April 28, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0248 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2012–0248,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
SUMMARY:
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17091
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0248. 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 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 EPA without going
through www.regulations.gov, your
email address will be 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, 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 EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
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.
Docket: All documents in the
electronic 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,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105
and at the Allegheny County Health
Department, Bureau of Environmental
Quality, Division of Air Quality, 301
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Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
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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 https://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.
---------------------------------------------------------------------------
\1\ 2-amino-2-methyl-1-propanol (AMP) is also known as
Isobutanolamine and CAS No. 124-68-5.
---------------------------------------------------------------------------
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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