Rule2021-28315
Clean Air Act Section 112 List of Hazardous Air Pollutant: Amendments to the List of Hazardous Air Pollutants (HAP)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 5, 2022
Effective
February 4, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is amending the list of hazardous air pollutants (HAP) under Clean Air Act (CAA) to add 1-bromopropane (1-BP) in response to public petitions previously granted by the EPA. This action amends the list of hazardous air pollutants initially listed under the CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 3 (Wednesday, January 5, 2022)</title>
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[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Rules and Regulations]
[Pages 393-396]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28315]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2014-0471; FRL-5562-08-OAR]
RIN 2060-AS26
Clean Air Act Section 112 List of Hazardous Air Pollutant:
Amendments to the List of Hazardous Air Pollutants (HAP)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is amending the
list of hazardous air pollutants (HAP) under Clean Air Act (CAA) to add
1-bromopropane (1-BP) in response to public petitions previously
granted by the EPA. This action amends the list of hazardous air
pollutants initially listed under the CAA.
DATES: This final rule is effective on February 4, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2014-0471. All documents in the docket are
listed in <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Although listed, some
information is not publicly available, e.g., Confidential Business
Information 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. With the exception of such material, publicly available docket
materials are available electronically in <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.
Out of an
[[Page 394]]
abundance of caution for members of the public and our staff, the EPA
Docket Center and Reading Room are open to the public by appointment
only to reduce the risk of transmitting COVID-19. Our Docket Center
staff also continues to provide remote customer service via email,
phone, and webform. The EPA continues to carefully and continuously
monitor information from the Centers for Disease Control and
Prevention, local area health departments, and our Federal partners so
that we can respond rapidly as conditions change regarding COVID-19.
For further information and updates on EPA Docket Center services,
please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a> or call the
Public Reading Room at (202) 566-1744 or the EPA Docket Center at (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Susan Miller, Sector Policies and Programs Division (D205-02),
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711,
telephone number: (919) 541-2443; fax number: (919) 541-4991; email
address: <a href="/cdn-cgi/l/email-protection#69040005050c1b471a1c1a0807290c1908470e061f"><span class="__cf_email__" data-cfemail="c2afabaeaea7b0ecb1b7b1a3ac82a7b2a3eca5adb4">[email protected]</span></a>. You may also consult your state or local
permitting representative or the appropriate EPA Regional office
representative.
SUPPLEMENTARY INFORMATION:
Organization of this document. The information in this preamble is
organized as follows:
I. General Information
II. Background
III. What does this final rule do?
IV. Statutory and Executive Order Reviews
I. General Information
A. Why is the EPA issuing this final rule?
Having previously granted petitions to add 1-BP to the CAA HAP
list, this current action is the final step in granting petitioners'
request. Per CAA section 112(b)(3)(B), the Administrator ``shall add a
substance to the list upon a showing by the petitioner or on the
Administrator's own determination that the substance is an air
pollutant, and that emissions, ambient concentrations, bioaccumulation
or deposition of the substance are known to cause or may reasonably be
anticipated to cause adverse effects to human health or adverse
environmental effects.'' On June 18, 2020, the EPA published its final
decision to grant the petitions from two entities to list 1-BP. See 85
FR 36851. This final rule completes the listing action required when a
petition is granted.
Having previously published the rationale for the decision to grant
these petitions and provided an opportunity for public review and
comment, the EPA has determined that there is good cause for amending
the CAA HAP list without additional need for public review and comment.
This final rule merely codifies a decision that was made in the June
2020 granting notice; therefore, we believe any additional public
notice and comment is duplicative, unnecessary, and would serve no
useful purpose.
B. Judicial Review
Under CAA section 112(e)(4), the Administrator's decision to add a
pollutant to the CAA HAP list is not a final Agency action subject to
judicial review, except that any such action may be reviewed when the
Administrator promulgates emission standards for the pollutant.
Accordingly, the decision to add 1-BP to the HAP list is not subject to
judicial review until the Administrator promulgates applicable CAA
section 112(d) standards that address emissions of 1-BP.
II. Background
A. What is the statutory authority for this action?
The CAA section 112(b)(3)(A) specifies that any person may petition
the Administrator to modify the list of HAP contained in CAA section
112(b)(1), otherwise known as the CAA HAP list,\1\ by adding or
deleting a substance. CAA section 112(b)(3)(B) sets out the substantive
criteria for granting a petition. It calls for the Administrator to add
a substance to the CAA section 112(b)(1) list, ``upon a showing by the
petitioner or on the Administrator's own determination that the
substance is an air pollutant and that emissions, ambient
concentrations, bioaccumulation or deposition of the substance are
known to cause or may reasonably be anticipated to cause adverse
effects to human health or adverse environmental effects.'' The
Administrator is required under the CAA section 112(b)(3)(A) to either
grant or deny a petition within 18 months of the receipt of a complete
petition by publishing a written explanation of the reasons for the
Administrator's decision. The Administrator may not deny a petition
based solely on inadequate resources or time for review.
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\1\ The CAA HAP list is a list or organic and inorganic
substances that Congress identified as HAP in the 1990 CAA
Amendments. CAA section 112(b)(1). These HAP are associated with a
wide variety of adverse health effects, including, but not limited
to cancer, neurological effects, reproductive effects, and
developmental effects. The health effects associated with various
HAP differ depending upon the toxicity of the individual HAP and the
particular circumstances of exposure, such as the amount of chemical
present, the length of time a person is exposed and the stage of
life at which the person is exposed.
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This is the first occasion on which the EPA is adding a substance
to the CAA HAP list that Congress created in 1990. Since 1990, the EPA
has amended the CAA HAP list four times to remove or delist a HAP. They
are caprolactam (61 FR 30816; June 18, 1996); ethylene glycol monobutyl
ether (69 FR 69320; November 29, 2004); surfactant alcohol ethoxylates
and their derivatives (these are compounds that were considered to be
included in glycol ethers, which is a listed HAP); (65 FR 47342; August
2, 2000); and methyl ethyl ketone (MEK) (70 FR 75047; December 19,
2005)). The EPA has also denied a petition to remove methanol from the
CAA HAP list (66 FR 21929; May 2, 2001).
B. What is the history of the listing process for 1-BP?
The Halogenated Solvents Industry Alliance (HSIA) and New York
State Department of Environmental Conservation (NYSDEC) submitted
petitions requesting that the EPA add 1-BP to the CAA section 112(b)(1)
HAP list on October 28, 2010, and November 24, 2011, respectively.\2\
On November 28, 2012, in response to the EPA's requests for additional
data, HSIA supplemented its petition. Following the receipt of these
petitions and supplemental data, the EPA conducted a review to
determine whether the petitions were complete according to Agency
criteria for the CAA section 112(b)(3) actions, which we explained in
the February 6, 2015, document (80 FR 6676). Specifically, the EPA
determined that these petitions and supplemental data addressed all the
necessary subject areas for the Agency to assess whether emissions,
ambient concentrations, bioaccumulation, or deposition of 1-BP are
known to cause or may reasonably be anticipated to cause adverse human
health effects or adverse environmental effects. On February 6, 2015,
the EPA determined these petitions to be complete and published a
notification of receipt of a complete petition in the Federal Register
(80 FR 6676), that invited the public to comment on the technical
merits of these petitions and to submit any information relevant to the
technical review of these petitions. Further, on March 11, 2015 (80 FR
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12794), the EPA extended the comment period for the notification of
receipt of complete petitions to May 7, 2015. Subsequently, on January
9, 2017, the EPA published a draft notice in the Federal Register (82
FR 2354) containing the Agency's intended rationale for granting these
petitions and solicited public comments on the rationale. In the draft
notice, the EPA determined that these petitions met criteria specified
in the CAA section 112(b)(3)(B): i.e., 1-BP is an air pollutant and its
emissions and ambient concentrations ``may reasonably be anticipated to
cause adverse effects to human health.'' Further, on June 6, 2017, the
EPA extended the comment period until October 1, 2017, in response to
the request by Albemarle Corporation, a U.S.-based manufacturer of 1-
BP, that the Agency provide an opportunity for prospective commenters
to review the 2017 Toxics Release Inventory (TRI), which included newly
required reporting of 1-BP emissions. (82 FR 26091). On June 18, 2020,
the EPA granted these petitions after reviewing and addressing public
comments received on the draft notice containing the Agency's intended
rationale for granting them. (85 FR 36851).\3\ Finally, on June 11,
2021, the EPA published an advanced notice of proposed rulemaking
(ANPRM), Addition of 1-Bromopropane to Clean Air Act Section 112 HAP
List, that solicited data and comments on the potential regulatory
impacts of the addition of a HAP to the Section 112 HAP list. (86 FR
31225).
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\2\ Both the Halogenated Solvents Industry Alliance and the New
York State Department of Environmental Conservation petitions
referred to the chemical as n-propyl bromide and 1-bromopropane.
\3\ On August 17, 2020, California Communities Against Toxics,
Sierra Club and Gasp filed a petition for judicial review of the
agency's decision to grant petitions that did not list 1-BP as a HAP
under CAA section 112(b)(1). California Communities Against Toxics
v. EPA, Case No. 20-1311 (D.C. Circuit). The State of New York is an
intervenor on behalf of petitioners. This case is currently being
held in abeyance and motions to govern further proceedings are now
due on February 7, 2022.
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Based on the information and comments received in response to the
ANPRM, the Agency determined that a separate regulation is needed to
ensure the effective and efficient implementation of requirements
triggered by the addition of a new HAP. The Agency has thus begun
working on a separate regulatory ``infrastructure'' to address the
impacts, implications, and requirements associated with the addition of
a new HAP to the HAP list. In the meantime, the Agency has also
determined that additional guidance may be needed on the listing of 1-
BP and intends to publish such guidance upon promulgation of this rule.
C. What is 1-BP?
The compound 1-BP or n-propyl bromide (nPB),\4\ CAS #106-94-5, is a
brominated organic colorless liquid that is insoluble in water but
soluble in ethanol and ether. Both petitioners and public commenters
provided background information regarding 1-BP's chemical properties,
physical properties, production, and usage as a part of the 1-BP
petition granting process. [See Docket ID No. EPA-HQ-OAR-2014-0471].
Applications of 1-BP include solvent cleaning in electronic, metal, and
precision cleaning operations; aerosols; adhesives; and as an
intermediate chemical in the manufacture of pharmaceuticals and
agricultural products.
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\4\ For this action and for future regulations under the CAA,
the EPA will refer to the chemical identified by CAS No. 106-94-5 as
1-bromopropane or 1-BP. The EPA notes that in an action published on
November 23, 2015, the EPA added the chemical by the name 1-BP to
the Community Right-to-Know Toxic Chemical Release Reporting
requirements. In addition, the chemical is listed in the EPA's
Substance Registry Services, EPA's authoritative resource for basic
information about chemicals, as 1-BP. Finally, the chemical's final
risk evaluation is currently undergoing reconsideration pursuant to
Toxic Substances Control Act Section 6(a), under Docket ID No. EPA-
HQ-OPPT-2015-0084 as 1-BP.
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III. What does this final rule do?
This final rule will amend 40 CFR part 63, subpart C, to add 1-BP
to the list of CAA section 112 HAP. The effective date of the addition
is February 4, 2022. Once added to the HAP list, 1-BP will become
subject to regulation under CAA section 112. (``EPA has a clear
statutory obligation under the statute to set emission standards for
each listed HAP.'' National Lime Association v. EPA, 233 F.3d 625, 634
(D.C. Cir. 2000)). There is no specific period for promulgating
standards for newly listed HAPs under CAA section 112(b)(1).
IV. 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 a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review because it was
determined that it raised ``novel legal or policy issues.'' Any changes
made in response to OMB recommendations have been documented in the
docket. This action will have no direct immediate impacts under 40 CFR
part 63 on emissions of 1-BP, but the addition of 1-BP to the HAP list
could have immediate impacts to facilities that emit 1-BP (e.g., the
operating permits program under title V of the CAA).
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the EPA concludes that the impact of concern
is any significant adverse economic impact on small entities and that
the Agency is certifying that this rule will not have a significant
economic impact on a substantial number of small entities if the rule
has no net burden on the small entities subject to the rule. This
regulatory action is ministerial in nature as it codifies a decision to
list 1-BP as a HAP that was made when the petitions to list were
granted. We have, therefore, concluded that this action will have no
net regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. This action imposes no enforceable duty on
any state, local, or tribal governments or the private sector.
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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. The action presents no additional burden on
implementing authorities beyond existing requirements. Thus, Executive
Order 13175 does not apply to this action. However, the EPA held two
meetings with tribes to explain this action. The first meeting occurred
on June 29, 2020, immediately after the petitions to add 1-BP were
granted. The second meeting followed the June 11, 2021, publication of
the ANPRM for 1-BP (86 FR 31225).
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G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. This action codifies a decision to list
1-BP as a HAP that was made when petitions were granted in 2020.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629; February 16, 1994) because it does not establish an
environmental health or safety standard. This regulatory action is
ministerial in nature as it codifies a decision to list 1-BP as a HAP
that was made when petitions were granted in 2020 and does not have any
direct impact on human health or the environment.
K. Congressional Review Act (CRA)
This action is subject to Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of 1996, also known as the CRA, and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. The CRA allows the
issuing agency to make a rule effective sooner than otherwise provided
by the CRA if the agency for good cause finds that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest (5 U.S.C. 808(2)). The EPA has made a good cause
finding for this rule in section I of this preamble, including the
basis for that finding.
List of Subjects for 40 CFR Part 63
Environmental protection, Administrative practice and procedures,
General Provisions, Hazardous substances.
Michael S. Regan,
Administrator.
For the reasons discussed in the preamble, the Environmental
Protection Agency amends 40 CFR part 63 as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. Add Sec. 63.64 to subpart C to read as follows:
Sec. 63.64 Additions of substances to the list of hazardous air
pollutants.
(a) The substance 1-bromopropane, or 1-BP, also known as n-propyl
bromide or nPB (CAS No. 106-94-5) is added to the list of hazardous air
pollutants established by Clean Air Act (CAA) section 112(b)(1), 42
U.S.C. 7412(b)(1).
(b) [Reserved]
[FR Doc. 2021-28315 Filed 1-4-22; 8:45 am]
BILLING CODE 6560-50-P
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