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Federal Register/Vol. 74, No. 12/Wednesday, January 21, 2009 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 3437 ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: J. Executive Order 12848: Federal Actions AGENCY To Address Environmental Justice in I. General Information Minority Populations and Low-Income 40 CFR Part 51 A. Does this action apply to me? Populations K. Congressional Review Act [EPA–HQ–OAR–2006–0948; FRL–8763–7] You may be an entity affected by this II. Background policy change if you use or emit RIN 2060–AN75 propylene carbonate or dimethyl Tropospheric ozone, commonly Air Quality: Revision to Definition of carbonate. States which have programs known as smog, occurs when VOCs and Volatile Organic Compounds— to control VOC emissions will also be nitrogen oxides (NOX) react in the Exclusion of Propylene Carbonate and affected by this change. atmosphere. Because of the harmful Dimethyl Carbonate health effects of ozone, EPA and state Category Examples of affected entities governments limit the amount of VOCs AGENCY: Environmental Protection and NOX that can be released into the Agency (EPA). Industry .. Industries that make and use coatings, adhesives, inks or atmosphere. The VOCs are those organic ACTION: Final rule. which perform paint stripping or compounds of carbon which form ozone pesticide application. through atmospheric photochemical SUMMARY: This action revises EPA’s States .... States that control VOC. reactions. Different VOCs have different definition of volatile organic levels of reactivity—that is, they do not compounds (VOCs) for purposes of This table is not intended to be react to form ozone at the same speed preparing state implementation plans exhaustive, but rather provides a guide or do not form ozone to the same extent. (SIPs) to attain the national ambient air for readers regarding entities likely to be Some VOCs react slowly, and changes quality standard for ozone under Title I affected by this action. This table lists in their emissions have limited effects of the Clean Air Act (Act). This revision the types of entities that EPA is now on local or regional ozone pollution adds the compounds propylene aware of that could potentially be episodes. It has been EPA’s policy that carbonate and dimethyl carbonate to the affected by this action. Other types of organic compounds with a negligible list of compounds which are excluded entities not listed in the table could also level of reactivity should be excluded from the definition of VOC on the basis be affected. If you have questions from the regulatory definition of VOC, that these compounds make a negligible regarding the applicability of this action so as to focus VOC control efforts on contribution to tropospheric ozone to a particular entity, consult the person compounds that do significantly formation. listed in the preceding FOR FURTHER increase ozone concentrations. The EPA DATES: This final rule is effective on INFORMATION CONTACT section. This also believes that exempting such February 20, 2009. action has no substantial direct effects compounds creates an incentive for ADDRESSES: The EPA has established a on industry because it does not impose industry to use negligibly reactive docket for this action under Docket ID any new mandates on these entities, but, compounds in place of more highly No. EPA–HQ–OAR–2006–0948. All to the contrary, removes two chemical reactive compounds that are regulated documents in the docket are listed on compounds from the regulatory as VOCs. The EPA lists these negligibly the http://www.regulations.gov Web definition of VOC, and therefore from reactive compounds in its regulations site. Although listed in the index, some regulation for federal purposes. (at 40 CFR 51.100(s)) and excludes them from the definition of VOCs. information is not publicly available, B. How is this preamble organized? i.e., confidential business information Since 1977, EPA has used the (CBI) or other information whose The information presented in this reactivity of ethane as the threshold for disclosure is restricted by statute. preamble is organized as follows: determining negligible reactivity. Certain other material, such as Compounds that are less reactive than, Outline copyrighted material, will be publicly or equally reactive to, ethane under the available only in hard copy. Publicly I. General Information assumed conditions may be deemed available docket materials are available A. Does this action apply to me? negligibly reactive. Compounds that are B. How is this preamble organized? either electronically in http:// II. Background more reactive than ethane continue to www.regulations.gov or in hard copy at A. Propylene Carbonate be considered reactive VOCs and the Docket ID No. EPA–HQ–OAR–2006– B. Dimethyl Carbonate therefore subject to control 0948, EPA/DC, EPA West, Room 3334, III. Response to Comments requirements. The selection of ethane as 1301 Constitution Avenue, Northwest, IV. Final Action the threshold compound was based on Washington, DC. The Public Reading V. Statutory and Executive Order Reviews a series of smog chamber experiments Room is open from 8:30 a.m. to 4:30 A. Executive Order 12866: Regulatory that underlay the 1977 policy. Planning and Review p.m., Monday through Friday, excluding In the past, EPA has considered three legal holidays. The telephone number B. Paperwork Reduction Act C. Regulatory Flexibility Act different metrics to compare the for the Public Reading Room is (202) D. Unfunded Mandates Reform Act reactivity of a specific compound to that 566–1744, and the telephone number for E. Executive Order 13132: Federalism of ethane: (i) The reaction rate constant the Docket ID No. EPA–HQ–OAR–2006– F. Executive Order 13175: Consultation with the hydroxyl radical (known as 0948 is (202) 566–1742. and Coordination With Indian Tribal kOH), (ii) maximum incremental FOR FURTHER INFORMATION CONTACT: Governments reactivities (MIR) expressed on a William L. Johnson, Office of Air G. Executive Order 13045: Protection of reactivity per gram basis, and (iii) MIR Quality Planning and Standards, Air Children From Environmental Health expressed on a reactivity per mole basis. and Safety Risks Quality Policy Division, Mail code H. Executive Order 13211: Actions That Table 1 presents these three reactivity C539–01, Research Triangle Park, NC Significantly Affect Energy Supply, metrics for ethane and for the two 27711, telephone (919) 541–5245.; fax Distribution, or Use compounds discussed in this rule. number: 919–541–0824; e-mail address: I. National Technology Transfer Differences between these three metrics [email protected]. Advancement Act are discussed below. VerDate Nov<24>2008 17:32 Jan 16, 2009 Jkt 217001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\21JAR1.SGM 21JAR1 jlentini on PROD1PC65 with RULES 3438 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations TABLE 1—REACTIVITIES OF ETHANE AND COMPOUNDS CONSIDERED FOR EXEMPTION kOH MIR MIR Compound 3 (cm /molecule-sec) (g O3/mole VOC) (g O3/gramVOC) Ethane .................................................................... 2.4 × 10¥13 ............................................................ 8.12 0.27 Propylene carbonate .............................................. 6.9 × 10¥13 ............................................................ 27.56 0 .27 Dimethyl carbonate ................................................ 3.49 × 10¥13 .......................................................... 5.04 0 .056 Notes: of the MIR metric can be found in: W. published literature.1 Most recently, in 1. kOH value for ethane is from: R. P. L. Carter, ‘‘Development of Ozone ‘‘Interim Guidance on Control of Atkinson., D. L. Baulch, R. A. Cox, J. N. Reactivity Scales for Volatile Organic Volatile Organic Compounds in Ozone Crowley, R. F. Hampson, Jr., R. G. Hynes, M. Compositions,’’ Journal of the Air & State Implementation Plans’’ published E. Jenkin, J. A. Kerr, M. J. Rossi and J. Troe Waste Management Association, Vol 44, (2004), Summary of Evaluated Kinetic and on September 13, 2005 (70 FR 54046), Photochemical Data for Atmospheric 881–899, July 1994. EPA stated: The MIR values are usually expressed Chemistry ‘‘* * * a comparison to ethane on a mass either as grams of ozone formed per 2. kOH value for propylene carbonate is basis strikes the right balance between a reported in: W.P.L. Carter, D. Luo, I.L. mole of VOC (molar basis) or as grams threshold that is low enough to capture Malkina, E.C. Tuazon, S.M. Aschmann, and of ozone formed per gram of VOC (mass compounds that significantly affect ozone R. Atkinson (July 8, 1996), ‘‘Investigation of basis). For comparing the reactivities of concentrations and a threshold that is high the Atmospheric Ozone Formation Potential two compounds, using the molar MIR enough to exempt some compounds that may of t-butyl Alcohol, N-Methyl Pyrrolidinone values considers an equal number of usefully substitute for more highly reactive and Propylene Carbonate.’’ University of molecules of the two compounds. compounds. * * * When reviewing California—Riverside. ftp://ftp.cert.ucr.edu/ Alternatively, using the mass MIR compounds that have been suggested for pub/carter/pubs/arcorpt.pdf. VOC exempt status, EPA will continue to 3. k value for dimethyl carbonate is values compares an equal mass of the OH two compounds, which will involve compare them to ethane using kOH expressed reported in: Y. Katrib, G. Deiber, P. Mirabel, on a molar basis and MIR values expressed S. LeCalve, C. George, A. Mellouki, and
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