[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Proposed Rules]
[Pages 6676-6679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01705]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2014-0471 [FRL-9922-13-OAR]
RIN 2060-AS26


Petition To Add n-Propyl Bromide to the List of Hazardous Air 
Pollutants

AGENCY: Environmental Protection Agency.

ACTION: Receipt of a complete petition.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing 
the receipt of a complete petition requesting that the EPA add the 
chemical n-Propyl Bromide (nPB) (Chemical Abstract Service No. 106-94-
5) to the list of hazardous air pollutants (HAP) contained in section 
112(b)(1) of the Clean Air Act (CAA). On October 28, 2010 and November 
28, 2012, the Halogenated Solvent Industry Alliance (HSIA) submitted a 
petition to list nPB as a HAP and a supplement to the petition, 
respectively. In addition, on

[[Page 6677]]

November 24, 2011, the New York State Department of Environmental 
Conservation (NYSDEC) submitted a petition to add nPB to the HAP list. 
We have determined that these petitions are complete for purposes of 
this process, which means they provide sufficient information to assess 
the human health impacts on people living in the vicinity of facilities 
emitting nPB. Today's document initiates our comprehensive technical 
review phase of the petition process. The EPA invites the public to 
comment on these petitions and to provide additional data, beyond what 
are in these petitions, on sources, emissions, exposure, health effects 
and environmental impacts associated with nPB that may be relevant to 
our technical review. These petitions and supporting information are 
available through Docket ID EPA-HQ-OAR-2014-0471. Following completion 
of the technical review phase that is initiated by today's notice and 
runs through the EPA's evaluation of all the comments received, the EPA 
will decide whether to grant or deny the petitions.

DATES: Comments. Comments must be received on or before March 9, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0471, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#5d3c703c3339702f7039323e3638291d382d3c733a322b"><span class="__cf_email__" data-cfemail="7c1d511d1218510e5118131f1719083c190c1d521b130a">[email protected]</span></a>, include Docket ID No. EPA-
HQ-OAR-2014-0471 in the subject line of the message.
    <bullet> Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-
2014-0471.
    <bullet> Mail: U.S. Environmental Protection Agency, EPA Docket 
Center (EPA/DC), Mail Code 28221T, Attention Docket ID No. EPA-HQ-OAR-
2014-0471, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Please 
include a total of two copies. In addition, please mail a copy of your 
comments on the information collection provisions to the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attn: Desk Officer for EPA, 725 17th Street NW., Washington, DC 
20503.
    <bullet> Hand/Courier Delivery: EPA Docket Center, Room 3334, EPA 
WJC West Building, 1301 Constitution Avenue NW., Washington, DC 20004, 
Attention Docket ID No. EPA-HQ-OAR-2014-0471. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: All submissions must include agency name and docket 
number or Regulatory Information Number (RIN) for this rulemaking. 
Direct your comments to Docket ID No. EPA-HQ-OAR-2014-0471. The EPA's 
policy is that all comments received will be included in the public 
docket and may be made available online at: http://www.regulations.gov, 
including any personal information provided, unless the comment 
includes information claimed to be confidential business information 
(CBI), or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI, or otherwise 
protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment, and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties, and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses. For additional information about the EPA's public 
docket, visit the EPA Docket Center homepage at http://www.regulations.gov.
    Docket: 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 the http://www.regulations.gov index. Although listed in the 
index, some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy form. Publicly available docket materials are available 
either electronically at: http://www.regulations.gov, or in hard copy 
at the EPA Docket Center, EPA WJC West Building, Room 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the EPA Docket Center is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. John Schaefer, U.S. EPA, Office of 
Air Quality Planning and Standards, Sector Policies and Programs 
Division, Policies and Strategies Group (D205-02), Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-0296; fax 
number: (919) 541-5600; email address: <a href="/cdn-cgi/l/email-protection#3a4959525b5f5c5f4814505552547a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="7300101b12161516015d191c1b1d331603125d141c05">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. General Information
    A. What should I consider as I prepare my comments for EPA?
    B. Where can I get a copy of this document?
II. Background Information for Petitions Received by the EPA
    A. What is the list of hazardous air pollutants?
    B. What is a listing petition?
    C. How does the EPA review a petition to list a HAP?
    D. How is the decision to list a HAP made?
III. Completeness Determination and Request for Public Comment
IV. Description of the Petitions

I. General Information

A. What should I consider as I prepare my comments for EPA?

    Submitting CBI. Do not submit information that you consider to be 
CBI electronically through http://www.regulations.gov or email. Send or 
deliver information identified as CBI to only the following address: 
OAQPS Document Control Officer (Room C404-02), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, Attn: 
Docket ID No. EPA-HQ-OAR-2014-0471.
    Clearly mark the part or all of the information that you claim to 
be CBI. For CBI information in a disk or CD-ROM that you mail to the 
EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. If you submit a CD-ROM or disk that 
does not contain CBI, mark the outside of the disk or CD-ROM clearly 
that it does not contain CBI. Information marked as CBI will not be 
disclosed except in

[[Page 6678]]

accordance with procedures set forth in 40 CFR part 2.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult the person identified in the FOR FURTHER 
INFORMATION CONTACT section.

B. Where can I get a copy of this document?

    In addition to being available in the docket, electronic copies of 
this notice will be available on the World Wide Web through the 
Technology Transfer Network (TTN). Following signature, a copy of this 
proposed rule will be posted on the TTN's Air Toxics Web site at the 
following address: http://www.epa.gov/ttn/atw/pollutants/atwsmod.html.

II. Background Information for Petitions Received by the EPA

A. What is the list of hazardous air pollutants?

    The HAPs, which can be found in CAA section 112(b)(1), is a list of 
a wide variety of organic and inorganic substances released from large 
and small industrial operations, fossil fuel combustion, gasoline and 
diesel-powered vehicles, and many other sources. These HAPs have been 
associated with a wide variety of adverse health effects, including 
cancer, neurological effects, reproductive effects and developmental 
effects. The health effects associated with various HAPs may 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 in life of the person 
when the exposure occurs.

B. What is a listing petition?

    CAA section 112(b)(3)(A) specifies that any person may petition the 
Administrator to modify, by addition or deletion, the list of HAPs 
contained in CAA section 112(b)(1). The EPA Administrator is required 
under CAA section 112(b)(3)(A) to either grant or deny a petition to 
list a specific HAP within 18 months of the receipt of a petition to 
add a substance to the HAP list. CAA section 112(b)(3)(B) says 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.'' The 
addition of a HAP to the list in CAA section 112(b)(1) brings sources 
emitting HAP into consideration in the EPA's program to promulgate 
national technology-based emissions control standards. This technology-
based standards program is commonly referred to as the maximum 
achievable control technology (MACT) program.

C. How does the EPA review a petition to list a HAP?

    The petition review process consists of two phases: A completeness 
determination and a technical review. During the completeness 
determination, the EPA conducts a broad review of the petition to 
determine whether all of the necessary subject areas are addressed. In 
addition, the EPA determines if adequate data, analyses, and evaluation 
are included for each subject area. Once the petition is determined to 
be complete, the EPA places a notice of receipt of a complete petition 
in the Federal Register. That notice announces a public comment period 
on the petition and starts the technical review phase of our decision-
making process. The technical review determines whether the petition 
has satisfied the necessary requirements and can support a decision to 
list the HAP. All comments and data submitted during the public comment 
period are considered during the technical review.

D. How is the decision to list a HAP made?

    The decision to either grant or deny a petition is made after a 
comprehensive technical review of both the petition and the information 
received from the public to determine whether the petition satisfies 
the requirements of CAA section 112(b)(3)(B). If the Administrator 
decides to grant a petition, a proposal will be published in the 
Federal Register announcing that decision and the opportunity for 
public comment. That notice would propose a modification of the HAP 
list and present the reasoning for doing so. However, if the 
Administrator decides to deny a petition, a notice setting forth an 
explanation of the reasons for denial will be published in the Federal 
Register instead. A notice of denial constitutes final agency action of 
nationwide scope and applicability and is subject to judicial review as 
provided in CAA section 307(b).

III. Completeness Determination and Request for Public Comment

    The EPA Administrator is required under CAA section 112(b)(3)(A) to 
either grant or deny a petition to list a specific HAP within 18 months 
of the receipt of a petition. On October 28, 2010, we received a 
petition from the HSIA to add nPB to the HAP list. Because of 
incomplete emissions estimates, modeling procedures and a lack of 
sufficient citations supporting adverse human health effects, the EPA 
determined that the petition was incomplete and requested that the 
petitioner provide additional information. On November 30, 2012, the 
petitioner submitted supplemental information and data addressing the 
EPA's concerns regarding the completeness of the petition. 
Additionally, on November 24, 2011, the NYSDEC submitted a petition to 
add nPB to the HAP list.
    After reviewing these petitions and supplemental information, we 
have determined that all of the necessary subject areas for a human 
health and environmental risk assessment have been addressed and, 
therefore, the petitions are ready for technical review. Today's notice 
initiates our comprehensive technical review of the petition and 
invites public comment on the substance of the petitions as described 
above.

IV. Description of the Petitions

    These petitions contain the following information:
    <bullet> Background data on nPB including chemical properties, 
physical properties, production data, and use data;
    <bullet> Toxicological data describing the human health and 
environmental effects of nPB;
    <bullet> Atmospheric dispersion modeling that provides estimates of 
nPB concentrations adjacent to facilities that emit it; and
    <bullet> Characterization of risks to human health due to emissions 
of nPB.
    Based on the chemical and physical properties of nPB, petitioners 
claim that nPB is carcinogenic, has toxic reproductive effects, and is 
a neurotoxin. HSIA's petition estimated cancer incidence by estimating 
emissions from five facilities that use nPB. HSIA also used the site-
specific data as input for air dispersion modeling to develop 
anticipated lifetime cancer risk that would occur beyond facility 
boundaries. Neither HSIA nor NYSDEC provided estimates of anticipated 
chronic or acute adverse health impacts in people living near nPB-
emitting facilities, although such effects were identified in the 
scientific literature referenced by both petitioners.
    We invite the public to comment on the technical merits of these 
petitions and to submit any information that may

[[Page 6679]]

impact the EPA's ultimate decision to grant or deny these requests to 
list nPB as a HAP.

    Dated: January 21, 2015.
Janet G. McCabe,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 2015-01705 Filed 2-5-15; 8:45 am]
BILLING CODE 6560-50-P


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