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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 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 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.

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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 G. Le different numbers of molecules, on a mass basis.’’ Bras (2002), ‘‘Atmospheric loss processes of depending on the relative molecular dimethyl and diethyl carbonate,’’ J. Atmos. weights. The molar MIR comparison is Relying on a comparison of mass MIR Chem., 43: 151–174. consistent with the original smog values consistent with this guidance, 4. All maximum incremental reactivities or chamber experiments, which compared EPA proposed to revise its definition of MIR (g O3/g VOC) values are from: W. P. L. equal molar concentrations of VOC at 40 CFR 51.100(s) to add Carter, ‘‘Development of the SAPRC–07 individual VOCs, that underlie the propylene carbonate and dimethyl Chemical Mechanism and Updated Ozone original selection of ethane as the carbonate to the list of compounds that Reactivity Scales,’’ Appendix B, July 7, 2008. threshold compound. It is also are exempt because they are negligibly This may be found at http:// reactive since they are equal to or less www.engr.ucr.edu/∼carter/SAPRC/ consistent with previous reactivity saprc07.pdf. These values have been revised determinations based on inherently reactive than ethane on a mass basis. slightly from those given in the proposal molar kOH values. The mass MIR For propylene carbonate, EPA invited notice (72 FR 55717). comparison is consistent with how MIR comment on the alternative use of a 5. MIR (g O3/mole VOC) values were values and other reactivity metrics are molar basis for the comparison of these calculated from the MIR (g O3/g VOC) values applied in reactivity-based emission compounds to ethane. by determining the number of moles per limits, specifically the California Air The technical rationale for gram of the relevant . Resources Board rule for aerosol recommending an exemption for each of The kOH is the reaction rate constant coatings (see http://www.arb.ca.gov/ the individual compounds is given of the compound with the OH radical in consprod/regs/apt.pdf ). below: the air. This reaction is typically the Given the relatively low molecular A. Propylene Carbonate first step in a series of chemical weight of ethane, use of the mass basis reactions by which a compound breaks tends to result in more VOCs falling into Huntsman Corporation submitted a down in the air and participates in the the ‘‘negligibly reactive’’ class versus petition to EPA on July 27, 1999, ozone forming process. If this step is the molar basis. This means that, in requesting that propylene carbonate be slow, the compound will likely not form some cases, a compound might be exempted from VOC control based on its ozone at a very fast rate. The kOH values considered less reactive than ethane and low reactivity relative to ethane. have long been used by EPA as a eligible for VOC exemption under the Propylene carbonate (CAS registry measure of photochemical reactivity mass basis but not under the molar number 108–32–7) is an odorless non- and ozone forming activity, and they basis. One of the compounds considered viscous clear liquid with a low vapor have been the basis for most of EPA’s in this action falls into this situation, pressure (0.023 mm Hg at 20( C) and previous exclusions of negligibly where the molar MIR value is greater low evaporation rate compared to many reactive compounds. The kOH metric is than that of ethane, but the mass MIR other commonly used organic solvents. inherently molar, i.e., it measures the value is less than or equal to that of It has been used in cosmetics, as an rate at which molecules react. ethane. This compound is propylene adhesive component in food packaging, The MIR values, both by mole and by carbonate. as a solvent for plasticizers and mass, are more recently developed The EPA has considered the choice synthetic fibers and polymers, and as a measures of photochemical reactivity between a molar or mass basis for the solvent for aerial pesticide application. derived from a computer-based comparison to ethane in past photochemical model. These measures rulemakings and guidance. The design 1 Basil Dimitriades, ‘‘Scientific Basis of an Improved EPA Policy on Control of Organic consider the complete ozone forming of the VOC exemption policy, including Emissions for Ambient Ozone Reduction.’’ Journal activity of a compound, not merely the the choice between a mass and mole of the Air & Waste Management Association, first reaction step. Further explanation basis, has been critiqued in the 49:831–838, July 1999.

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Huntsman submitted several pieces of ethane and asked for the exemption on Comment: One commenter corrected information to support its petition, all of that basis. certain technical information about the which have been added to the docket for Dimethyl carbonate (CAS registry evaporation rate of dimethyl carbonate this action. One of these pieces of number 616–38–6) may be used as a which was listed in the docket. information was ‘‘Investigation of the solvent in paints and coatings. The Response: This correction is noted, Atmospheric Ozone Formation Potential petitioner anticipated that it might be but this minor change did not impact of t-butyl Alcohol, N-Methyl used in waterborne paints and whether or not EPA should finalize the Pyrrolidinone and Propylene adhesives because it is partially water exemption petition. Carbonate’’ by William P. L. Carter, soluble. It is also used as a methylation Comment: One commenter supported Dongmin Luo, Irina L. Malkina, Ernesto and agent in organic the use of the latest MIR values for C. Tuazon, Sara M. Aschmann, and synthesis. It can be used as a fuel making VOC exemption determinations. Roger Atkinson, University of California additive. There were no comments opposing the at Riverside, July 8, 1996. Table 8 of that In support of its petition, the use of the latest MIR values. reference lists the MIR for propylene petitioner presented articles which give Response: EPA acknowledged recent carbonate (on a gram basis) as 1.43 times kOH and MIR values for the compound. MIR values which were made public higher than that of ethane. However, in These articles have been placed in the shortly before the proposal to grant VOC Table 1 above, EPA has shown a 2007 docket. exemption to propylene carbonate and MIR value that was taken from more As shown in Table 1, DMC has a dimethyl carbonate, but based the recent 2007 data from Dr. Carter’s Web greater kOH value than ethane, which proposal on older MIR values which site. This 2007 MIR value is lower than indicates that DMC will likely initially had been previously published. EPA is that of ethane on a mass basis. react more quickly in the atmosphere. using the latest MIR values for this final From the data in Table 1, it can be However, the MIR values for DMC rule.2 The use of the newer MIR values seen that propylene carbonate has a calculated on either a mass or mole does not change the conclusion about higher kOH value than ethane, meaning basis are less than that of ethane, which the VOC exemption of propylene that it initially reacts more quickly in indicates lower reactivity overall. Based carbonate and dimethyl carbonate. the atmosphere than ethane. A molecule on these data, EPA finds that DMC is Comment: The two industry of propylene carbonate is also more ‘‘negligibly reactive’’ and therefore commenters, and the trade association reactive than a molecule of ethane, as exempt from the regulatory definition of comment letter each expressed support shown by the molar MIR (g O3/mole VOC at 40 CFR 51.100(s). Because both for the VOC exemption of propylene VOC) values, since equal numbers of the mass and molar MIR values of DMC carbonate and dimethyl carbonate. moles have equal numbers of molecules. are less than those of ethane, this Response: EPA acknowledges this However, a gram of propylene carbonate chemical meets EPA’s exemption support and notes that there were no is less reactive, or creates less ozone on criteria under either MIR metric. comments opposing these exemptions. the day of its emission to the Comment: Three commenters III. Response to Comments atmosphere, than a gram of ethane. This opposed separate tracking and reporting is because propylene carbonate has a EPA proposed these actions on for propylene carbonate and dimethyl molecular weight (102), which is over October 1, 2007 (72 FR 55717) and took carbonate. Two of these commenters three times that of ethane (30), thus public comment on the proposal. Here also expressed opposition for separate requiring less than a third the number is a summary of the comments received tracking for any VOC exempt of molecules of propylene carbonate to during the public comment period and compounds. weigh a gram than the number of EPA’s response. There was no request Response: Although the rule preamble molecules of ethane needed to weigh a for a public hearing on the proposal and encourages record keeping for gram. none was held. propylene carbonate and dimethyl Based on the mass MIR (g O3/g VOC) There were four comment letters carbonate, there is no requirement for value for propylene carbonate being submitted to the docket during the this in the rule itself. Record keeping for equal to or less than that of ethane, EPA public comment period. One comment other exempt compounds is not the finds that propylene carbonate is letter was from an individual. Two were subject of this rulemaking, so comments ‘‘negligibly reactive’’ and therefore from chemical companies. One about that are not relevant to this action. exempt for the regulatory definition of comment letter was from a trade Comment: Three of the commenters VOC at 40 CFR 51.100(s). EPA took association. The comments are support the use of the mass-based MIR comments on whether the comparison summarized below. approach versus the mole-based of propylene carbonate to ethane should Comment: The Web site reference for approach. One of the commenters instead be made on the basis of the the latest MIR values contained an error. submitted as part of his comments a molar MIR (g O3/mole VOC) value. None The site which was listed as http:// November 15, 1999 letter written by of the comments received during the pah.cert.ucr.edu/carter/SAPRC/ William P.L. Carter supporting the use public comment period opposed using scales07.xls should have been http:// of impact per mass as an appropriate ∼ the g O3/g VOC basis. In fact, the pah.cert.ucr.edu/ carter/SAPRC/ basis for comparing ozone reactivities comments which addressed that issue scales07.xls. when making VOC exemption ∼ supported the use of the MIR on a g O3/ Response: We left out the sign in the decisions. This Carter letter had g VOC basis for granting exemptions. Web address which made it incorrect. previously been submitted to EPA as The latest MIR data which is used in B. Dimethyl Carbonate part of the tertiary butyl acetate VOC this final rule may be found in exemption rule making (69 FR 69298). The EPA received a petition from Appendix B of the July 7, 2008 report Kowa America Corporation on July 29, by William P. L. Carter ‘‘Development of 2 The MIR values used for this rule may be found 2004 seeking an exemption from the the SAPRC–07 Chemical Mechanism in Appendix B of the July 7, 2008 report by William regulatory definition of VOC for and Updated Ozone Reactivity Scales.’’ P.L. Carter ‘‘Development of the SAPRC–07 dimethyl carbonate. This petition This report may be found at http:// Chemical Mechanism and Updated Ozone ∼ Reactivity Scales.’’ This report may be found at asserted that dimethyl carbonate (DMC) www.engr.ucr.edu/ carter/SAPRC/ http://www.engr.ucr.edu/carter/SAPRC/saprc07.pdf is less photochemically reactive than saprc07.pdf. or in the docket for this rule.

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There were no comments opposing the exclude from control as a VOC those city, county, town, school district, or use of the mass-based MIR approach. compounds that EPA has found to be special district with a population of less Response: EPA specifically requested negligibly reactive. However, if this than 50,000; and (3) a small comment on this subject for propylene action is made final, states should not organization that is any not-for-profit carbonate since the mole based MIR include these compounds in their VOC enterprise which is independently value for that compound is higher than emissions inventories for determining owned and operated and is not that of ethane and using the mole based reasonable further progress under the dominant in its field. MIR value would not allow the Act (e.g., section 182(b)(1)) and may not After considering the economic exemption for propylene carbonate. take credit for controlling these impacts of this final action on small Because there were no comments compounds in their ozone control entities, I certify that this rule will not opposed to the use of the mass based strategy. have a significant economic impact on approach, EPA is proceeding to grant Excluding a compound from the a substantial number of small entities. these exemptions on a mass based MIR regulatory definition of VOC may lead This rule will not impose any basis in keeping with the September 13, to changes in the amount of the exempt requirements on small entities. This rule 2005 interim guidance on control of compound used and the types of concerns only the definition of VOC and volatile organic compounds in ozone applications in which the exempt does not directly regulate any entities. state implementation plans which says compound is used. Although the final The RFA analysis does not consider ‘‘EPA will continue to compare them rule has no mandatory reporting impacts on entities which the action in [i.e., compounds] to ethane using kOH requirements, EPA urges states to question does not regulate. See Motor & expressed on a molar basis and MIR continue to inventory the emissions of Equipment Manufacturers Ass’n v. values expressed on a mass basis.’’ these compounds for use in Nichols, 142 F. 3d 449, 467 (D.C. Cir. Comment: One commenter, who was photochemical modeling. 1998); United Distribution Cos. v. FERC, the petitioner for dimethyl carbonate, 88 F. 3d 1105, 1170 (D.C. Cir. 1996), said that the company recommended V. Statutory and Executive Order cert. denied, 520 U.S. 1224 (1997). exposure limit of 200 ppm time Reviews Pursuant to the provision of 5 U.S.C. weighted average 8 hour for dimethyl A. Executive Order 12866: Regulatory 605(b), I hereby certify that the rule will carbonate is identical to that of methyl Planning and Review not have an impact on small entities. acetate, an existing VOC exempt solvent. This commenter also said that This action is not a ‘‘significant D. Unfunded Mandates Reform Act like DMC has the regulatory action’’ under the terms of This action contains no federal potential for hydrolyzing to form Executive Order 12866 (58 FR 51735, mandates under the provisions of Title in the body and therefore they October 4, 1993) and is therefore not II of the Unfunded Mandates Reform would be similar in their toxicity subject to review under the Executive Act of 1995 (UMRA), 2 U.S.C. 1531– profiles and safety handling Order. 1538 for state, local, and tribal governments and the private sector. requirements. The commenter also B. Paperwork Reduction Act denied a statement in Hawley’s Since this rule is deregulatory in nature Condensed Chemical Dictionary that This action does not impose any new and does not impose a mandate upon DMC is both toxic by inhalation and a information collection burden under the any source, this rule is not estimated to strong irritant. provisions of the Paperwork Reduction result in the expenditure by state, local Response: In the proposal, EPA said Act, 44 U.S.C. 3501 et seq. Burden is and tribal governments or the private ‘‘While EPA does not have information defined at 5 CFR 1320.3(b). This action sector of $100 million in any 1 year. to suggest that the proposed exemptions is deregulatory in nature and removes Therefore, the Agency has not prepared could increase health risks due to requirements rather than adds a budgetary impact statement or possible toxicity of the exempted requirements. The regulation is a rule specifically addressed the selection of compounds, we invite the public to change that revises a definition of the least costly, most cost-effective, or submit comments and additional volatile organic compound and imposes least burdensome alternative. Because information relevant to this issue.’’ The no record keeping or reporting small governments will not be comments here are the only comments requirements. significantly or uniquely affected by this EPA received regarding health effects of C. Regulatory Flexibility Act rule, the Agency is not required to these compounds. These comments develop a plan with regard to small have not led EPA to identify unusual The Regulatory Flexibility Act (RFA) governments. This action is also not health risks from the compounds. requires an agency to prepare a subject to the requirements of section regulatory analysis of any rule subject to 203 of the UMRA because it contains no IV. Final Action notice and comment rulemaking regulatory requirements that might This action is based on EPA’s review requirements under the Administrative significantly or uniquely affect small of the material in Docket ID No. EPA– Procedure Act or any other statue unless governments. As discussed above, this HQ–OAR–2006–0948. The EPA hereby the agency certifies that the rule will not final rule does not impose any new amends its definition of VOC at 40 CFR have a significant economic impact on requirements on small governments. 51.100(s) to exclude propylene a substantial number of small entities. carbonate and dimethyl carbonate from Small entities include small businesses, E. Executive Order 13132: Federalism the regulatory definition of VOC for use small organizations, and small Executive Order 13132, entitled in ozone SIPs and ozone controls for governmental jurisdictions. ‘‘Federalism’’ (64 FR 43255, August 10, purposes of attaining the ozone national For purposes of assessing the impacts 1999), requires EPA to develop an ambient air quality standard. of this action on small entities, small accountable process to ensure The revised definition will also apply entity is defined as: (1) A small business ‘‘meaningful and timely input by state for purposes of any federal as defined by the Small Business and local officials in the development of implementation plan for ozone Administration’s (SBA) regulations at 13 regulatory policies that have federalism nonattainment areas (see e.g., 40 CFR CFR 121.201); (2) a small governmental implications.’’ ‘‘Policies that have 52.741(a)(3)). States are not obligated to jurisdiction that is a government of a federalism implications’’ is defined in

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the Executive Order to include I. National Technology Transfer copy of the rule, to each House of regulations that have ‘‘substantial direct Advancement Act Congress and to the Comptroller General effects on the states, on the relationship Section 12(d) of the National of the United States, Section 804 between the national government and Technology Transfer and Advancement exempts form section 801 the following the states, or on the distribution of Act of 1995 (‘‘NTTAA’’), Public Law types of rules: (1) Rules of particular power and responsibilities among the 104–113, section 12(d) (15 U.S.C. 272 application; (2) rules relating to agency various levels of government.’’ note) directs EPA to use voluntary management or personnel; and (3) rules This final rule does not have consensus standards in its regulatory of agency organization, procedure, or federalism implications. It will not have activities unless to do so would be practice that do not substantially affect substantial direct effects on the state, on inconsistent with applicable law or the rights or obligations of non-agency the relationship between the national otherwise impractical. Voluntary parties, 5 U.S.C. 804(3). The EPA is not government and the states, or on the consensus standards are technical required to submit a rule report distribution of power and standards (e.g., materials specifications, regarding this action under section 801 responsibilities among the various test methods, sampling procedures, and because this is a rule of particular levels of government, as specified in business practices) that are developed or applicability to manufacturers and users Executive Order 13132. This rule adopted by voluntary consensus of these specific exempt chemical concerns only the definition of VOC. standards bodies. NTTAA directs EPA compounds. This action is not a ‘‘major Thus, Executive Order 13132 does not to provide Congress, through OMB, rule’’ as defined by 5 U.S.C. 804(2). apply to this rule. explanations when the Agency decides Therefore, this rule will be effective on not to use available and applicable F. Executive Order 13175: Consultation February 20, 2009. voluntary consensus standards. and Coordination With Indian Tribal This action does not involved List of Subjects in 40 CFR Part 51 Governments technical standards. Therefore, EPA did Environmental protection, This rule does not have tribal not consider the use of any voluntary Administrative practice and procedure, implications, as specified in Executive consensus standards. Air pollution control, Ozone, Reporting Order 13175 (65 FR 67249, November 9, J. Executive Order 12898: Federal 2000). It will not have substantial direct and recordkeeping requirements, Actions To Address Environmental Volatile organic compounds. effects on tribal governments, on the Justice in Minority Populations and relationship between the federal Low-Income Populations Dated: January 13, 2009. government and Indian Tribes, or on the Stephen L. Johnson, Executive Order 12898 (59 FR 7629 distribution of power and Administrator. responsibilities between the federal (Feb. 16, 1994)) establishes federal government and Indian Tribes, as executive policy on environmental ■ For reasons set forth in the preamble, specified in Executive Order 13175. justice. Its main provision directs part 51 of chapter I of title 40 of the This action does not have any direct federal agencies, to the greatest extent Code of Federal Regulations is amended effects on Indian Tribes. Thus, practicable and permitted by law, to as follows: Executive Order 13175 does not apply make environmental justice part of their to this rule. mission by identifying and addressing, PART 51—REQUIREMENTS FOR as appropriate, disproportionately high PREPARATION, ADOPTION, AND G. Executive Order 13045: Protection of and adverse human health or SUBMITTAL OF IMPLEMENTATION Children From Environmental Health environmental effects of their programs, PLANS and Safety Risks policies, and activities on minority populations and low-income EPA interprets Executive Order 13045 ■ 1. The authority citation for Part 51, populations in the United States. Subpart F, continues to read as follows: (62 FR 19885, April 23, 1997) as EPA has determined that this final applying only to those regulatory rule will not have disproportionately Authority: 42 U.S.C. 7401, 7411, 7412, actions that concern health or safety high and adverse human health or 7413, 7414, 7470–7479, 7501–7508, 7601, risks, such that the analysis required environmental effects on minority or and 7602. under section 5–501 of the Executive low-income populations because it does § 51.100 [Amended] Order has the potential to influence the not affect the level of protection regulation. This final rule is not subject provided to human health or the ■ 2. Section 51.100 is amended at the to Executive Order 13045 because it environment. The final rule amendment end of paragraph (s)(1) introductory text does not establish an environmental is deregulatory and does allow by removing the words ‘‘and standard intended to mitigate health or relaxation of the control measures on safety risks. perfluorocarbon compounds which fall sources. However, this is not expected into these classes:’’ and adding in their H. Executive Order 13211: Actions That to lead to increased ozone formation place a semi-colon and the words Significantly Affect Energy Supply, since the compounds being exempted ‘‘propylene carbonate; dimethyl Distribution, or Use have been determined to have negligible carbonate; and perfluorocarbon photochemical reactivity. compounds which fall into these This final rule is not a ‘‘significant energy action’’ as defined in Executive K. Congressional Review Act classes:’’. Order 13211 (66 FR 28355, May 22, The Congressional Review Act, 5 [FR Doc. E9–1150 Filed 1–16–09; 8:45 am] 2001), because it is not likely to have a U.S.C. 801 et seq., as added by the Small BILLING CODE 6560–50–P significant adverse effect on the supply, Business Regulatory Enforcement distribution, or use of energy. Further, Fairness Act of 1996, generally provides we have concluded that this rule is not that before a rule may take effect, the likely to have any adverse energy agency promulgating the rule must effects. submit a rule report, which includes a

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