Federal Register/Vol. 72, No. 189/Monday, October 1

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TABLE 3.—SECTORS SELLING SCHEDULED LISTED CHEMICAL PRODUCTS—Continued

Registrants Non-registrants NAICS certified certified

452112 Discount Department Stores ...... 2,854 46 45291 Warehouse Clubs and Superstores ...... 2,948 3

Subtotal ...... 54,199 2,475 44512 Convenience stores ...... 12 6,166 44711 Gas Stations with convenience stores ...... 38 8,377 45299 All other general merchandise stores ...... 19 672 Other ...... 173 127

Total ...... 54,441 17,817

Costs/Benefits. As discussed in the Act). This rule will not result in an Dated: September 19, 2007. previous sections, DEA has estimated annual effect on the economy of Michele M. Leonhart, costs of $2,248,000 for Fiscal Years 2006 $100,000,000 or more; a major increase Deputy Administrator. through 2008 for DEA to establish and in costs or prices; or significant adverse [FR Doc. E7–19215 Filed 9–28–07; 8:45 am] support the regulated seller self- effects on competition, employment, BILLING CODE 4410–09–P certification program, which CMEA investment, productivity, innovation, or mandates. As required by law, this cost on the ability of United States-based would be recovered from regulated companies to compete with foreign- ENVIRONMENTAL PROTECTION sellers through a self-certification fee. based companies in domestic and AGENCY As noted in the previous section, the export markets. proposed fee imposes a minimal burden 40 CFR Part 51 on regulated sellers. CMEA requires List of Subjects in 21 CFR Part 1314 self-certification as a condition of [EPA–HQ–OAR–2006–0948; FRL–8475–7] Drug traffic control, Reporting and selling these products. The fee will recordkeeping requirements. RIN 2060–AN75 allow DEA to operate a program needed to permit regulated sellers to continue For the reasons set out above, 21 CFR Air Quality: Revision to Definition of offering scheduled listed chemical part 1314 is proposed to be amended as Volatile Organic Compounds— products to their customers. follows: Exclusion of Compounds Executive Order 12988 PART 1314—RETAIL SALE OF AGENCY: Environmental Protection This regulation meets the applicable SCHEDULED LISTED CHEMICAL Agency (EPA). standards set forth in Sections 3(a) and PRODUCTS ACTION: Proposed rule. 3(b)(2) of Executive Order 12988 Civil SUMMARY: The Environmental Protection Justice Reform. 1. The authority citation for part 1314 is proposed to be revised to read as Agency (EPA) is proposing to revise EPA’s definition of volatile organic Executive Order 13132 follows: This rulemaking does not preempt or compounds (VOCs) for purposes of Authority: 21 U.S.C. 802, 830, 842, 871(b), preparing State implementation plans modify any provision of state law; nor 875, 877, 886a. does it impose enforcement (SIPs) to attain the national ambient air quality standard for ozone under Title I responsibilities on any state; nor does it 2. Section 1314.42 is proposed to be of the Clean Air Act (Act). This diminish the power of any state to added to read as follows: enforce its own laws. Accordingly, this proposed revision would add rulemaking does not have federalism § 1314.42 Self-certification fee; time and compounds to the list of compounds implications warranting the application method of fee payment. excluded from the definition of VOC on of Executive Order 13132. the basis that these compounds make a (a) A regulated seller shall pay a fee negligible contribution to tropospheric Unfunded Mandates Reform Act of 1995 for each self-certification. For each ozone formation. The compounds under initial application to self-certify, and for This rule will not result in the consideration are propylene carbonate the renewal of each existing self- expenditure by State, local, and tribal and dimethyl carbonate. The EPA is certification, a regulated seller shall pay governments, in the aggregate, or by the inviting comment on an alternative a fee of $16. private sector, of $120,000,000 or more evaluation criteria for exempting one of (adjusted for inflation) in any one year, (b) The fee for self-certification shall these compounds (propylene carbonate), and will not significantly or uniquely be waived for any person holding a methods for tracking changes in the use affect small governments. Therefore, no current, valid DEA registration as a and emissions of both of these actions were deemed necessary under pharmacy to dispense controlled compounds and their potential the provisions of the Unfunded substances. substitutes, and the potential for health risks that may result from this action. Mandates Reform Act of 1995. (c) A regulated seller shall pay the fee at the time of self-certification. DATES: Comments must be received on Congressional Review Act or before October 31, 2007. This rule is not a major rule as (d) Payment shall be made by credit Public Hearing: If anyone contacts us defined by Section 804 of the Small card. requesting to speak at a public hearing Business Regulatory Enforcement (e) The self-certification fee is not on or before October 16, 2007, we will Fairness Act (Congressional Review refundable. hold a public hearing. Additional

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information about the hearing would be about EPA’s public docket visit the EPA table lists the types of entities that EPA published in a subsequent Federal Docket Center homepage at http:// is now aware of that could potentially Register notice. www.epa.gov/epahome/dockets.htm. be affected by this action. Other types of ADDRESSES: Submit your comments, Docket: All documents in the docket entities not listed in the table could also identified by Docket ID No. EPA–HQ– are listed in the www.regulations.gov be affected. If you have questions OAR–2006–0948, by one of the index. Although listed in the index, regarding the applicability of this action following methods: some information is not publicly to a particular entity, consult the person • www.regulations.gov. Follow the available, i.e., CBI or other information listed in the preceding FOR FURTHER on-line instructions for submitting whose disclosure is restricted by statute. INFORMATION CONTACT section. This comments. Certain other material, such as proposed action has no substantial • E-mail: [email protected]. copyrighted material, will be publicly direct effects on industry because it • Fax: 202–566–9744. available only in hard copy. Publicly does not impose any new mandates on • Mail: Docket ID No. EPA–HQ– available docket materials are available these entities, but, to the contrary, OAR–2006–0948, Environmental either electronically in removes two chemical compounds from Protection Agency, Mailcode: 6102T, www.regulations.gov or in hard copy at the regulatory definition of VOC, and 1200 Pennsylvania Avenue, Northwest, the Docket ID No. EPA–HQ–OAR–2006– therefore from regulation for Federal Washington, DC 20460. 0948, EPA/DC, EPA West, Room 3334, purposes. • Hand Delivery: EPA Docket Center, 1301 Constitution Avenue, Northwest, Washington, DC. The Public Reading B. What Should I Consider as I Prepare U.S. Environmental Protection Agency, Room is open from 8:30 a.m. to 4:30 My Comments for EPA? 1301 Constitution Avenue, Northwest, p.m., Monday through Friday, excluding Room: 3334, Mail Code: 2822T, 1. Submitting CBI. Do not submit this legal holidays. The telephone number Washington, DC 20460, Attention information to EPA through EDOCKET, for the Public Reading Room is (202) Docket ID No. EPA–HQ–OAR–2006– regulations.gov or e-mail. Clearly mark 566–1744, and the telephone number for 0948. Such deliveries are only accepted the part or all of the information that the Docket ID No. EPA–HQ–OAR–2006– during the Docket’s normal hours of you claim to be CBI. For CBI 0948 is (202) 566–1742. operation, and special arrangements information in a disk or CD ROM that should be made for deliveries of boxed FOR FURTHER INFORMATION CONTACT: you mail to EPA, mark the outside of the information. William L. Johnson, Office of Air disk or CD ROM as CBI and then Instructions: Direct your comments to Quality Planning and Standards, Air identify electronically within the disk or Docket ID No. EPA–HQ–OAR–2006– Quality Strategies and Standards CD ROM the specific information that is 0948. The EPA’s policy is that all Division, Mail code C539–02, Research claimed as CBI. In addition to one comments received will be included in Triangle Park, NC 27711, telephone complete version of the comment that the public docket without change and (919) 541–5245.; fax number: 919–541– includes information claimed as CBI, a may be made available online at 0824; e-mail address: copy of the comment that does not www.regulations.gov, including any [email protected]. contain the information claimed as CBI Public Hearing: To request a public personal information provided, unless must be submitted for inclusion in the hearing or information pertaining to a the comment includes information public docket. Information so marked public hearing on this document, claimed to be Confidential Business will not be disclosed except in contact Ms. Pamela S. Long, Air Quality Information (CBI) or other information accordance with procedures set forth in Policy Division, Mail code C504–03, whose disclosure is restricted by statute. 40 CFR part 2. Send or deliver U.S. Environmental Protection Agency, Do not submit information that you information identified as CBI only to the Research Triangle Park, NC 27711, consider to be CBI or otherwise following address: Roberto Morales, telephone (919) 541–0641, facsimile protected through www.regulations.gov, OAQPS Document Control Officer number (919) 541–5509, electronic or e-mail. The www.regulations.gov Web (C404–02), U.S. EPA, Research Triangle e-mail address: [email protected]. site is an ‘‘anonymous access’’ system, Park, NC 27711, Attention Docket ID which means EPA will not know your SUPPLEMENTARY INFORMATION: No. EPA–HQ–OAR–2006–0948. identity or contact information unless I. General Information 2. Tips for Preparing Your Comments. you provide it in the body of your When submitting comments, remember comment. If you send an e-mail A. Does This Action Apply to Me? to: comment directly to EPA without going You may be an entity potentially • Identify the rulemaking by docket through www.regulations.gov, your e- affected by this proposed policy change number and other identifying mail address will be automatically if you use or emit propylene carbonate information (subject heading, Federal captured and included as part of the or dimethyl carbonate. States which Register date and page number). comment that is placed in the public have programs to control VOC • Follow directions—The agency may docket and made available on the emissions will also be affected by this ask you to respond to specific questions Internet. If you submit an electronic proposed change. or organize comments by referencing a comment, EPA recommends that you Code of Federal Regulations (CFR) part include your name and other contact Category Examples of affected entities or section number. information in the body of your • Explain why you agree or disagree; Industry ... Industries that make and use suggest alternatives and substitute comment and with any disk or CD–ROM coatings, adhesives, inks or you submit. If EPA cannot read your language for your requested changes. which perform paint stripping • comment due to technical difficulties or pesticide application. Describe any assumptions and and cannot contact you for clarification, States ...... States that control VOC. provide any technical information and/ EPA may not be able to consider your or data that you used. comment. Electronic files should avoid This table is not intended to be • If you estimate potential costs or the use of special characters, any form exhaustive, but rather provides a guide burdens, explain how you arrived at of encryption, and be free of any defects for readers regarding entities likely to be your estimate in sufficient detail to or viruses. For additional information affected by this proposed action. This allow for it to be reproduced.

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• Provide specific examples to III. Proposed Action from the regulatory definition of VOC, illustrate your concerns, and suggest IV. Statutory and Executive Order Reviews so as to focus VOC control efforts on alternatives. A. Executive Order 12866: Regulatory compounds that do significantly • Explain your views as clearly as Planning and Review B. Paperwork Reduction Act increase ozone concentrations. The EPA possible, avoiding the use of profanity C. Regulatory Flexibility Act also believes that exempting such or personal threats. compounds creates an incentive for • D. Unfunded Mandates Reform Act Make sure to submit your E. Executive Order 13132: Federalism industry to use negligibly reactive comments by the comment period F. Executive Order 13175: Consultation compounds in place of more highly deadline identified. and Coordination With Indian Tribal reactive compounds that are regulated Governments as VOCs. The EPA lists these negligibly C. How Can I Find Information About a G. Executive Order 13045: Protection of Possible Public Hearing? Children From Environmental Health reactive compounds in its regulations (at 40 CFR 51.100(s)) and excludes them Persons interested in presenting oral and Safety Risks from the definition of VOCs. testimony should contact Ms. Pamela S. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Since 1977, EPA has used the Long, New Source Review Group, Air Distribution, or Use Quality Policy Division (C504–03), U.S. I. National Technology Transfer reactivity of ethane as the threshold for Environmental Protection Agency, Advancement Act determining negligible reactivity. Research Triangle Park, NC 27711, J. Executive Order 12848: Federal Actions Compounds that are less reactive than, telephone number (919) 541–0641, at To Address Environmental Justice in or equally reactive to, ethane under the least 2 days in advance of the public Minority Populations and Low-Income assumed conditions may be deemed hearing. Persons interested in attending Populations negligibly reactive. Compounds that are the public hearing should also contact II. Background more reactive than ethane continue to be considered reactive VOCs and Ms. Long to verify the time, date, and Tropospheric ozone, commonly therefore subject to control location of the hearing. The public known as smog, occurs when VOCs and requirements. The selection of ethane as hearing will provide interested parties nitrogen oxides (NO ) react in the X the threshold compound was based on the opportunity to present data, views, atmosphere. Because of the harmful a series of smog chamber experiments or arguments concerning these proposed health effects of ozone, EPA and State that underlay the 1977 policy. changes. governments limit the amount of VOCs D. How Is This Preamble Organized? and NOX that can be released into the In the past, EPA has considered three different metrics to compare the The information presented in this atmosphere. The VOCs are those organic reactivity of a specific compound to that preamble is organized as follows: compounds of carbon which form ozone through atmospheric photochemical of ethane: (i) The reaction rate constant Outline reactions. Different VOCs have different with the hydroxyl radical (known as I. General Information levels of reactivity—that is, they do not kOH), (ii) maximum incremental A. Does This Action Apply to Me? react to form ozone at the same speed reactivities (MIR) expressed on a B. What Should I Consider as I Prepare My or do not form ozone to the same extent. reactivity per gram basis, and (iii) MIR Comments for EPA? Some VOCs react slowly, and changes expressed on a reactivity per mole basis. C. How Can I Find Information About a in their emissions have limited effects Table 1 presents these three reactivity Possible Public Hearing? D. How Is This Preamble Organized? on local or regional ozone pollution metrics for ethane and for the two II. Background episodes. It has been EPA’s policy that compounds discussed in this proposed A. Propylene Carbonate organic compounds with a negligible rule. Differences between these three B. Dimethyl Carbonate level of reactivity should be excluded metrics are discussed below.

TABLE 1.—REACTIVITIES OF ETHANE AND COMPOUNDS CONSIDERED FOR EXEMPTION

kOH MIR MIR Compound 3 (cm /molecule-sec) (g O3/mole VOC) (g O3/gram VOC)

Ethane ...... 2.4 × 10¥13 9.3 0.31 Propylene carbonate ...... 6.9 × 10¥13 25.5 0.25 Dimethyl carbonate ...... 3.49 × 10¥13 5.31 0.059

Notes: 1. kOH value for ethane is from: R. California—Riverside. ftp://ftp.cert.ucr.edu/ by determining the number of moles per Atkinson., D. L. Baulch, R. A. Cox, J. N. pub/carter/pubs/arcorpt.pdf. gram of the relevant organic compound. Crowley, R. F. Hampson, Jr., R. G. Hynes, M. 3. kOH value for dimethyl carbonate is E. Jenkin, J. A. Kerr, M. J. Rossi and J. Troe reported in: Y. Katrib, G. Deiber, P. Mirabel, The kOH is the reaction rate constant (2004), Summary of Evaluated Kinetic and S. LeCalve, C. George, A. Mellouki, and G. Le of the compound with the OH radical in Photochemical Data for Atmospheric Bras (2002), ‘‘Atmospheric loss processes of the air. This reaction is typically the Chemistry. Web version, 2005 http:// dimethyl and diethyl carbonate,’’ J. Atmos. first step in a series of chemical www.ibiblio.org/iupac-ki/summary/ Chem., 43: 151–174. reactions by which a compound breaks IUPACsumm_web_March2005.pdf. 4. All maximum incremental reactivities or down in the air and participates in the 2. kOH value for propylene carbonate is MIR (g O3/g VOC) values are from: W. P. L. ozone forming process. If this step is reported in: W.P.L. Carter, D. Luo, I.L. Carter, ‘‘Latest VOC Reactivity tabulations for slow, the compound will likely not form Malkina, E.C. Tuazon, S.M. Aschmann, and SAPRC–99 Mechanism’’ (updated 2/5/03) ozone at a very fast rate. The kOH values R. Atkinson (July 8, 1996), ‘‘Investigation of ftp://ftp.cert.ucr.edu/pub/carter/SAPRC99/ have long been used by EPA as a the Atmospheric Ozone Formation Potential r02tab.xls. measure of photochemical reactivity of t-butyl Alcohol, N-Methyl Pyrrolidinone 5. MIR (g O3/mole VOC) values were and ozone forming activity, and they and Propylene Carbonate.’’ University of calculated from the MIR (g O3/g VOC) values have been the basis for most of EPA’s

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previous exclusions of negligibly of the VOC exemption policy, including ‘‘Development of the SAPRC–07 reactive compounds. The kOH metric is the choice between a mass and mole Chemical Mechanism and Updated inherently molar, i.e., it measures the basis, has been critiqued in the Ozone Reactivity Scales.’’ CARB will rate at which molecules react. published literature.1 Most recently, in consider this report as part of their The MIR values, both by mole and by ‘‘Interim Guidance on Control of investigation of whether MIR values in mass, are more recently developed Volatile Organic Compounds in Ozone CARB regulations need to be revised. measures of photochemical reactivity State Implementation Plans’’ published EPA is not relying on these new MIR derived from a computer-based on September 13, 2005 (70 FR 54046), values for this proposal, but we do not photochemical model. These measures EPA stated: think the new MIR values would consider the complete ozone forming ‘‘ * * * a comparison to ethane on a mass prohibit us from proceeding with the activity of a compound, not merely the basis strikes the right balance between a exemptions because the two compounds first reaction step. Further explanation threshold that is low enough to capture being proposed for exemption would of the MIR metric can be found in: W. compounds that significantly affect ozone still be equal to or less than ethane in P. L. Carter, ‘‘Development of Ozone concentrations and a threshold that is high reactivity. We invite comments on the Reactivity Scales for Volatile Organic enough to exempt some compounds that may whether EPA should use this new data Compositions,’’ Journal of the Air & usefully substitute for more highly reactive for the VOC exemptions being Waste Management Association, Vol. compounds. * * * When reviewing considered in this notice. 44, 881–899, July 1994. compounds that have been suggested for The technical rationale for VOC exempt status, EPA will continue to The MIR values are usually expressed recommending an exemption for each of compare them to ethane using kOH expressed either as grams of ozone formed per on a molar basis and MIR values expressed the individual compounds is given mole of VOC (molar basis) or as grams on a mass basis.’’ below: of ozone formed per gram of VOC (mass basis). For comparing the reactivities of Relying on a comparison of mass MIR A. Propylene Carbonate two compounds, using the molar MIR values consistent with this guidance, Huntsman Corporation submitted a values considers an equal number of EPA is proposing to revise its definition petition to EPA on July 27, 1999, molecules of the two compounds. of VOC at 40 CFR 51.100(s) to add requesting that propylene carbonate be Alternatively, using the mass MIR propylene carbonate and dimethyl exempted from VOC control based on its values compares an equal mass of the carbonate to the list of compounds that low reactivity relative to ethane. two compounds, which will involve are exempt because they are negligibly Propylene carbonate (CAS registry different numbers of molecules, reactive because they are equal to or less number 108–32–7) is an odorless non- depending on the relative molecular reactive than ethane on a mass basis. viscous clear liquid with a low vapor weights. The molar MIR comparison is For the first of these compounds, EPA pressure (0.023 mmHg at 20 °C) and low consistent with the original smog is inviting comment on the alternative evaporation rate compared to many chamber experiments, which compared use of a molar basis for the comparison other commonly used organic solvents. equal molar concentrations of of these compounds to ethane. It has been used in cosmetics, as an individual VOCs, that underlie the EPA has become aware of revised MIR adhesive component in food packaging, original selection of ethane as the values posted by Dr. W.P.L. Carter on as a solvent for plasticizers and 2 threshold compound. It is also his Web site as part of a report for the synthetic fibers and polymers, and as a consistent with previous reactivity California Air Resources Board (CARB) solvent for aerial pesticide application. determinations based on inherently which indicate changes in the reactivity Huntsman submitted several pieces of values of the two compounds being molar kOH values. The mass MIR information to support its petition, all of comparison is consistent with how MIR proposed for exemption as well as for which have been added to the docket for values and other reactivity metrics are that of ethane. In particular, the new this action. One of these pieces of applied in reactivity-based emission data indicate that propylene carbonate information was ‘‘Investigation of the limits, specifically the California Air has an MIR value that is essentially Atmospheric Ozone Formation Potential Resources Board rule for aerosol spray equal to that of ethane on a gram basis. of t-butyl Alcohol, N-Methyl paints (see http://www.arb.ca.gov/ These new MIR values are shown in Pyrrolidinone and Propylene consprod/regs/apt.pdf ). Table 2 below: Carbonate’’ by William P.L. Carter, The choice of molar basis versus mass Dongmin Luo, Irina L. Malkina, Ernesto basis is significant. Given the relatively TABLE 2.—2007 REVISED MIR C. Tuazon, Sara M. Aschmann, and low molecular weight of ethane, use of VALUES Roger Atkinson, University of California the mass basis tends to result in more at Riverside, July 8, 1996. Table 8 of that VOCs falling into the ‘‘negligibly Compound MIR reference lists the MIR for propylene reactive’’ class versus the molar basis. (g O3/gram VOC) carbonate (on a gram basis) as 1.43 times This means that, in some cases, a Ethane ...... 0 .26 higher than that of ethane. However, in compound might be considered less Propylene carbonate .. 0 .26 Table 1 above, EPA has shown a 2003 reactive than ethane and eligible for Dimethyl carbonate ..... 0 .055 MIR value that was taken from more VOC exemption under the mass basis recent 2003 data from Dr. Carter’s Web but not under the molar basis. One of EPA understands that these numbers site. This 2003 MIR value is lower than the compounds considered in this were produced by Carter under a that of ethane on a mass basis. proposal falls into this situation, where contract with the CARB and are From the data in Table 1, it can be the molar MIR value is greater than that reported in the August 31, 2007 report seen that propylene carbonate has a of ethane, but the mass MIR value is less higher kOH value than ethane, meaning than that of ethane. This compound is 1 Basil Dimitriades, ‘‘Scientific Basis of an that it initially reacts more quickly in propylene carbonate. Improved EPA Policy on Control of Organic the atmosphere than ethane. A molecule The EPA has considered the choice Emissions for Ambient Ozone Reduction.’’ Journal of propylene carbonate is also more of the Air & Waste Management Association, between a molar or mass basis for the 49:831–838, July 1999. reactive than a molecule of ethane, as comparison to ethane in past 2 These new MIR values may be found at shown by the molar MIR (g O3/mole rulemakings and guidance. The design http://pah.cert.ucr.edu/carter/SAPRC/scales07.xls. VOC) values, since equal numbers of

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moles have equal numbers of molecules. exemption criteria under either MIR submit comments and additional However, a gram of propylene carbonate metric. information relevant to this issue. is less reactive, or creates less ozone on III. Proposed Action IV. Statutory and Executive Order the day of its emission to the Reviews atmosphere, than a gram of ethane. This This proposed action is based on is because propylene carbonate has a EPA’s review of the material in Docket A. Executive Order 12866: Regulatory molecular weight (102), which is over ID No. EPA–HQ–OAR–2006–0948. The Planning and Review three times that of ethane (30), thus EPA hereby proposes to amend its Under Executive Order (EO) 12866 requiring less than a third the number definition of VOC at 40 CFR 51.100(s) to (58 FR 51735, October 4, 1993), this of molecules of propylene carbonate to exclude propylene carbonate and action is a significant regulatory action weigh a gram than the number of dimethyl carbonate from the regulatory because it raises novel legal or policy molecules of ethane needed to weigh a definition of VOC for use in ozone SIPs issues. Accordingly, EPA submitted this gram. and ozone controls for purposes of action to the Office of Management and Based on the mass MIR (g O3/g VOC) attaining the ozone national ambient air Budget (OMB) for review under EO value for propylene carbonate being quality standard. 12866 and any changes made in equal to or less than that of ethane, EPA The revised definition will also apply response to OMB recommendations is proposing to find that propylene for purposes of any Federal have been documented in the docket for carbonate is ‘‘negligibly reactive’’ and implementation plan for ozone this action. therefore exempt for the regulatory nonattainment areas (see e.g., 40 CFR definition of VOC at 40 CFR 51.100(s). 52.741(a)(3)). States are not obligated to B. Paperwork Reduction Act EPA is inviting comment on whether exclude from control as a VOC those This action does not contain any the comparison of propylene carbonate compounds that EPA has found to be information collection requirements to ethane should instead be made on the negligibly reactive. However, if this subject to OMB review under the basis of the molar MIR (g O3/mole VOC) action is made final, States should not Paperwork Reduction Act, 44 U.S.C. value. In that case, the petition to grant include these compounds in their VOC 3501 et seq. It does not impose any propylene carbonate a status of emissions inventories for determining recordkeeping or reporting requirement ‘‘negligibly reactive’’ would be denied. reasonable further progress under the burden. Act (e.g., section 182(b)(1)) and may not B. Dimethyl Carbonate Burden means the total time, effort, or take credit for controlling these financial resources expended by persons The EPA received a petition from compounds in their ozone control to generate, maintain, retain, or disclose Kowa America Corporation on July 29, strategy. or provide information to or for a 2004 seeking an exemption from the Excluding a compound from the Federal agency. This includes the time regulatory definition of VOC for regulatory definition of VOC may lead needed to review instructions; develop, dimethyl carbonate. This petition to changes in the amount of the exempt acquire, install, and utilize technology asserted that dimethyl carbonate (DMC) compound used and the types of and systems for the purposes of is less photochemically reactive than applications in which the exempt collecting, validating, and verifying ethane and asked for the exemption on compound is used. Although this information, processing and that basis. proposal has no mandatory reporting maintaining information, and disclosing Dimethyl carbonate (CAS registry requirements, EPA urges States to and providing information; adjust the number 616–38–6) may be used as a continue to inventory the emissions of existing ways to comply, with any solvent in paints and coatings. The these compounds for use in previously applicable instructions and petitioner anticipated that it might be photochemical modeling. Further, EPA requirements; train personnel to be able used in waterborne paints and invites comment on methods for to respond to a collection of adhesives because it is partially water tracking the uses and emissions of these information; search data sources; soluble. It is also used as a methylation two compounds, as well as any more complete and review the collection of and carbonylation agent in organic reactive compounds for which these two information; and transmit or otherwise synthesis. It can be used as a fuel compounds may substitute. disclose the information. additive. The EPA believes that the proposed An Agency does not conduct or In support of its petition, the exemptions will help to decrease sponsor, and a person is not required to petitioner presented articles which give exposures to ground-level ozone by respond to a collection of information the kOH and MIR values for the encouraging the use of exempted unless it displays a currently valid OMB compound shown in Table 1. These negligibly reactive compounds in lieu of control number. The control numbers articles have been placed in the docket. VOCs and thereby focusing air quality for EPA’s regulations are listed in 40 As shown in Table 1, DMC has a management programs on VOC CFR part 9 and 48 CFR chapter 15. greater kOH value than ethane, which emissions that contribute most to ozone indicates that DMC will likely initially formation. Although compounds are C. Regulatory Flexibility Act react more quickly in the atmosphere. defined as negligibly reactive solely on The Regulatory Flexibility Act (RFA), However, the MIR values for DMC the basis of their contribution to ground- as amended by the Small Business calculated on either a mass or mole level ozone formation, EPA is interested Regulatory Enforcement Fairness Act of basis are less than that of ethane, which in evaluating whether the proposed 1996 (SBREFA), 5 U.S.C. 601 et seq. indicates lower reactivity overall. Based exemptions could increase public health requires the identification of potentially on these data, EPA proposes to find that risks if these negligibly reactive adverse impacts of Federal regulations DMC is ‘‘negligible reactivity’’ and compounds were toxic themselves. upon small business entities. The Act therefore exempt from the regulatory While EPA does not have information to specifically requires the completion of a definition of VOC at 40 CFR 51.100(s). suggest that the proposed exemptions RFA analysis in those instances where Because both the mass and molar MIR could increase health risks due to the regulation would impose a values of DMC are less than those of possible toxicity of the exempted substantial impact on a significant ethane, this chemical would meet EPA’s compounds, we invite the public to number of small entities. Because this

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rulemaking imposes no adverse rule an explanation why that alternative and State and local governments, EPA is economic impacts, an analysis has not was not adopted. Before EPA establishes specifically soliciting comments on this been conducted. any regulatory requirements that may proposed rule from State and local The RFA generally requires an agency significantly or uniquely affect small officials. to prepare a regulatory flexibility governments, including Tribal F. Executive Order 13175: Consultation analysis of any rule subject to notice governments, it must have developed and Coordination With Indian Tribal and comment rulemaking requirements under section 203 of the UMRA a small Governments under the Administrative Procedure Act government agency plan. The plan must or any other statute unless the agency provide for notifying potentially Executive Order 13175, entitled certifies that the rule will not have a affected small governments, enabling ‘‘Consultation and Coordination with significant economic impact on a officials of affected small governments Indian Tribal Governments’’ (65 FR substantial number of small entities. to have meaningful and timely input in 67249, November 6, 2000), requires EPA Small entities include small businesses, the development of EPA regulatory to develop an accountable process to small organizations, and small proposals with significant Federal ensure ‘‘meaningful and timely input by governmental jurisdictions. intergovernmental mandates, and tribal officials in the development of After considering the economic informing, educating, and advising regulatory policies that have tribal impacts of this proposed rule on small small governments on compliance with implications.’’ ‘‘Policies that have tribal entities, I have determined that this the regulatory requirements. implications’’ is defined in the action will not have a significant Since this rule is deregulatory in Executive Order to include regulations economic impact on a substantial nature and does not impose a mandate that have ‘‘substantial direct effects on number of small entities. This rule will upon any source, this rule is not one or more Indian tribes, on the not impose any requirements on small estimated to result in the expenditure by relationship between the Federal entities. This rule concerns only the State, local and Tribal governments or government and the Indian tribes, or on definition of VOC and does not directly the private sector of $100 million in any the distribution of power and regulate any entities. The RFA analysis 1 year. Therefore, the Agency has not responsibilities between the Federal does not consider impacts on entities prepared a budgetary impact statement government and Indian tribes.’’ which the action in question does not or specifically addressed the selection of This rule does not have Tribal regulate. See Motor & Equipment the least costly, most cost-effective, or implications. It will not have substantial Manufacturers Ass’n v. Nichols, 142 F. least burdensome alternative. Because direct effects on Tribal governments, on 3d 449, 467 (D.C. Cir. 1998); United small governments will not be the relationship between the Federal Distribution Cos. v. FERC, 88 F. 3d significantly or uniquely affected by this government and Indian Tribes, or on the 1105, 1170 (D.C. Cir. 1996), cert. denied, rule, the Agency is not required to distribution of power and 520 U.S. 1224 (1997). Pursuant to the develop a plan with regard to small responsibilities between the Federal provision of 5 U.S.C. 605(b), I hereby governments. government and Indian Tribes, as certify that the rule will not have an specified in Executive Order 13175. impact on small entities. E. Executive Order 13132: Federalism Today’s action does not have any direct Executive Order 13132, entitled effects on Indian Tribes. Thus, D. Unfunded Mandates Reform Act ‘‘Federalism’’ (64 FR 43255, August 10, Executive Order 13175 does not apply Title II of the Unfunded Mandates 1999), requires EPA to develop an to this rule. In the spirit of Executive Reform Act of 1995 (UMRA), Public accountable process to ensure Order 13175, and consistent with EPA Law 104–4, establishes requirements for ‘‘meaningful and timely input by State policy to promote communications Federal agencies to assess the effects of and local officials in the development of between EPA and Tribal governments, their regulatory actions on State, local, regulatory policies that have federalism EPA invites comments on the proposed and Tribal governments and the private implications.’’ ‘‘Policies that have rule from Tribal officials. sector. Under section 202 of the UMRA, federalism implications’’ is defined in EPA generally must prepare a written the Executive Order to include G. Executive Order 13045: Protection of statement, including a cost-benefit regulations that have ‘‘substantial direct Children From Environmental Health analysis, for proposed and final rules effects on the States, on the relationship and Safety Risks with ‘‘Federal mandates’’ that may between the national government and Executive Order 13045: ‘‘Protection of result in expenditures to State, local, the States, or on the distribution of Children from Environmental Health and Tribal governments, in the power and responsibilities among the Risks and Safety Risks’’ (62 FR 19885, aggregate, or to the private sector, of various levels of government.’’ April 23, 1997) applies to any rule that: $100 million or more in any 1 year. This action addressing the exemption (1) Is determined to be ‘‘economically Before promulgating an EPA rule for of two chemical compounds from the significant’’ as defined under Executive which a written statement is needed, VOC definition does not have Order 12866, and (2) concerns an section 205 of the UMRA generally federalism implications. It will not have environmental health or safety risk that requires EPA to identify and consider a substantial direct effects on the States, EPA has reason to believe may have a reasonable number of regulatory on the relationship between the national disproportionate effect on children. If alternatives and adopt the least costly, government and the States, or on the the regulatory action meets both criteria, most cost-effective or least burdensome distribution of power and the Agency must evaluate the alternative that achieves the objectives responsibilities among the various environmental health or safety effects of of the rule. The provisions of section levels of government, as specified in the planned rule on children, and 205 do not apply when they are Executive Order 13132. This action does explain why the planned regulation is inconsistent with applicable law. not impose any new mandates on State preferable to other potentially effective Moreover, section 205 allows EPA to or local governments. Thus, Executive and reasonably feasible alternatives adopt an alternative other than the least Order 13132 does not apply to this rule. considered by the Agency. costly, most cost-effective or least In the spirit of Executive Order 13132, This proposed rule is not subject to burdensome alternative if the and consistent with EPA policy to the Executive Order because it is not Administrator publishes with the final promote communications between EPA economically significant as defined in

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Executive Order 12866, and because the because it does not affect the level of addresses the requirements of EPA’s Agency does not have reason to believe protection provided to human health or Clean Air Interstate Rule (CAIR), the environmental health or safety risks the environment. The proposed rule promulgated on May 12, 2005 and addressed by this action present a amendment is deregulatory and does subsequently revised on April 28, 2006, disproportionate risk to children. allow relaxation of the control measures and December 13, 2006. EPA is H. Executive Order 13211: Actions That on sources. However, this is not proposing to determine that the SIP Significantly Affect Energy Supply, expected to lead to increased ozone revision fully implements the CAIR Distribution, or Use formation since the compounds being requirements for New York. EPA will exempted have been determined to have also withdraw the CAIR Federal This rule is not subject to Executive negligible photochemical reactivity. Implementation Plans (CAIR FIPs) Order 13211, ‘‘Actions Concerning concerning sulfur dioxide (SO ), List of Subjects in 40 CFR Part 51 2 Regulations That Significantly Affect nitrogen oxides (NOX) annual, and NOX Energy Supply, Distribution, or Use’’ (66 Environmental protection, ozone season emissions for New York FR 28355, May 22, 2001) because it is Administrative practice and procedure, pending final approval of New York’s not likely to have a significant adverse Air pollution control, Ozone, Reporting SIP revision. The CAIR FIPs for all effect on the supply, distribution, or use and recordkeeping requirements, states in the CAIR region were of energy. Further, we have concluded Volatile organic compounds. promulgated on April 28, 2006 and that this rule is not likely to have any Dated: September 25, 2007. subsequently revised on December 13, adverse energy effects. Stephen L. Johnson, 2006. I. National Technology Transfer Administrator. The SIP revision that EPA is Advancement Act For reasons set forth in the preamble, proposing to approve will also satisfy Section 12(d) of the National part 51 of chapter I of title 40 of the New York’s 110(a)(2)(D)(i) obligations to Technology Transfer and Advancement Code of Federal Regulations is proposed submit a SIP revision that contains Act of 1995 (‘‘NTTAA’’), Public Law to be amended as follows: adequate provisions to prohibit air 104–113, section 12(d), (15 U.S.C. 272 emissions from adversely affecting note) directs EPA to use voluntary PART 51—REQUIREMENTS FOR another state’s air quality through consensus standards in its regulatory PREPARATION, ADOPTION, AND interstate transport. activities unless to do so would be SUBMITTAL OF IMPLEMENTATION CAIR requires states to reduce inconsistent with applicable law or PLANS emissions of SO2 and NOX that otherwise impractical. Voluntary significantly contribute to and interfere 1. The authority citation for part 51, with the maintenance of the national consensus standards are technical subpart F, continues to read as follows: standards (e.g., materials specifications, ambient air quality standards for fine test methods, sampling procedures, and Authority: 42 U.S.C. 7401, 7411, 7412, particulates and/or ozone in any 7413, 7414, 7470–7479, 7501–7508, 7601, downwind state. CAIR establishes state business practices) that are developed or and 7602. adopted by voluntary consensus budgets for SO2 and NOX and requires standards bodies. The NTTAA directs § 51.100 [Amended] states, which EPA has concluded EPA to provide Congress, through OMB, 2. Section 51.100 is amended at the contribute to nonattainment in explanations when the Agency decides end of paragraph (s)(1) introductory text downwind states, to submit SIP not to use available and applicable by removing the words ‘‘and revisions that implement these budgets. voluntary consensus standards. This perfluorocarbon compounds which fall States have the flexibility to choose the rulemaking does not involve technical into these classes:’’ and adding in their control measures to adopt to achieve the standards. Therefore, EPA is not place a semi-colon and the words ‘‘; budgets, including participating in the considering the use of any voluntary propylene carbonate; dimethyl EPA-administered cap-and-trade consensus standards. carbonate; and perfluorocarbon programs. In the SIP revision that EPA is proposing to approve, New York J. Executive Order 12898: Federal compounds which fall into these classes:’’. would meet CAIR requirements by Actions To Address Environmental participating in the EPA-administered Justice in Minority Populations and [FR Doc. E7–19324 Filed 9–28–07; 8:45 am] cap-and-trade programs addressing SO2, Low-Income Populations. BILLING CODE 6560–50–P NOX annual, and NOX ozone season Executive Order (EO) 12898 (59 FR emissions. 7629 (Feb. 16, 1994)) establishes Federal ENVIRONMENTAL PROTECTION DATES: Comments must be received on executive policy on environmental or before October 31, 2007. justice. Its main provision directs AGENCY ADDRESSES: Submit your comments, federal agencies, to the greatest extent 40 CFR Part 52 practicable and permitted by law, to identified by Docket ID No. EPA–R02– make environmental justice part of their [Docket No. EPA–R02–OAR–2007–0913; OAR–2007–0913, by one of the mission by identifying and addressing, FRL–8474–9] following methods: as appropriate, disproportionately high 1. www.regulations.gov: Follow the Approval and Promulgation of and adverse human health or on-line instructions for submitting Implementation Plans; New York: environmental effects of their programs, comments. Clean Air Interstate Rule policies, and activities on minority 2. E-mail: [email protected]. populations and low-income AGENCY: Environmental Protection 3. Fax: (212) 637–3901. populations in the United States. Agency (EPA). 4. Mail: EPA–R02–OAR–2007–0913, The EPA has determined that this ACTION: Proposed rule. Raymond Werner, Chief, Air Programs proposed rule will not have Branch, Environmental Protection disproportionately high and adverse SUMMARY: EPA is proposing to approve Agency, Region 2 Office, 290 Broadway, human health or environmental effects a revision to the New York State 25th Floor, New York, New York on minority or low-income populations Implementation Plan (SIP) that 10007–1866.

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