Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations 37609 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. The table in § 9.1 is amended by 

removing under the undesignated center 

heading ‘‘Significant New Uses of 

Chemical Substances’’ §§ 721.10402, 

721.10403, 721.10404, 721.10405, 

721.10406, and 721.10407. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§§ 721.10402, 721.10403, 721.10404, 

721.10405, 721.10406, and 721.10407 

[Removed] 

■ 4. Remove §§ 721.10402, 721.10403, 

721.10404, 721.10405, 721.10406, and 

721.10407. 

[FR Doc. 2012–15221 Filed 6–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2012–0182; FRL–9353–2] 

RIN 2070–AB27 

Significant New Use Rule on Certain 

Chemical Substances; Withdrawal of 

Significant New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is withdrawing a 

significant new use rule (SNUR) 

promulgated under the Toxic 

Substances Control Act (TSCA) for 

chemical substances identified 

generically as complex strontium 

aluminum, rare earth doped, which 

were the subject of premanufacture 

notices (PMNs) P–12–22, P–12–23, P– 

12–24, P–12–25, and P–12–26. EPA 

published this SNUR using direct final 

rulemaking procedures. EPA received a 

notice of intent to submit adverse 

comments on the rule. Therefore, the 

Agency is withdrawing this SNUR, as 

required under the expedited SNUR 

rulemaking process. Elsewhere in 

today’s Federal Register, EPA is 

publishing (under separate notice and 

comment procedures) a proposed SNUR 

for these chemical substances. 

DATES: This final rule is effective June 

25, 2012. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Kenneth Moss, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–9232; 

email address: moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

April 25, 2012 (77 FR 24613) (FRL– 

9345–4). If you have questions regarding 

the applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What rule is being withdrawn? 

In the Federal Register of April 25, 

2012 (77 FR 24613), EPA issued several 

direct final SNURs, including a SNUR 

for the chemical substances that are the 

subject of this withdrawal. These direct 

final rules were issued pursuant to the 

procedures in 40 CFR part 721, subpart 

D. In accordance with § 721.160(c)(3)(ii), 

EPA is withdrawing the rule issued for 

chemical substances identified 

generically as complex strontium 

aluminum, rare earth doped, which 

were the subject of PMNs P–12–22, P– 

12–23, P–12–24, P–12–25, and P–12–26, 

because the Agency received a notice of 

intent to submit adverse comments. 

Elsewhere in today’s Federal Register, 

EPA is proposing a SNUR for these 

chemical substances via notice and 

comment rulemaking. 

For further information regarding 

EPA’s expedited process for issuing 

SNURs, interested parties are directed to 

40 CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). The record for the direct final 

SNUR for these chemical substances 

that is being withdrawn was established 

at EPA–HQ–OPPT–2012–0182. That 

record includes information considered 

by the Agency in developing this rule 

and the notice of intent to submit 

adverse comments. 

III. How do I access the docket? 

To access the electronic docket, 

please go to http://www.regulations.gov 

and follow the online instructions to 

access docket ID number EPA–HQ– 

OPPT–2012–0182. Additional 

information about the Docket Facility is 

provided under ADDRESSES in the 

Federal Register of April 25, 2012 (77 

FR 24613). If you have questions, 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

IV. Statutory and Executive Order 

Reviews 

This final rule revokes or eliminates 

an existing regulatory requirement and 

does not contain any new or amended 

requirements. As such, the Agency has 

determined that this withdrawal will 

not have any adverse impacts, economic 

or otherwise. The statutory and 

executive order review requirements 

applicable to the direct final rule were 

discussed in the Federal Register of 

April 25, 2012 (77 FR 24613). Those 

review requirements do not apply to 

this action because it is a withdrawal 

and does not contain any new or 

amended requirements. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: June 14, 2012. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 


wreier-aviles on DSK7SPTVN1PROD with RULES
37610 Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

§ 9.1 [Amended] 

■ 2. The table in § 9.1 is amended by 

removing under the undesignated center 

heading ‘‘Significant New Uses of 

Chemical Substances’’ § 721.10423. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10423 [Removed] 

■ 4. Remove § 721.10423. 

[FR Doc. 2012–15227 Filed 6–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2010–0605; FRL–9679–2] 

RIN 2060–AQ38 

Air Quality: Revision to Definition of 

Volatile Organic Compounds— 

Exclusion of trans-1,3,3,3- 

tetrafluoropropene 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action revises the EPA’s 

definition of volatile organic 

compounds (VOCs) under the Clean Air 

Act (CAA). This revision adds trans1,3,3,3-tetrafluoropropene (also known 

as HFO-1234ze) to the list of 

compounds excluded from the 

definition of VOC on the basis that this 

compound makes a negligible 

contribution to tropospheric ozone 

formation. As a result, if you are subject 

to certain federal regulations limiting 

emissions of VOCs, your emissions of 

HFO-1234ze may not be regulated for 

some purposes. This action may also 

affect whether HFO-1234ze is 

considered a VOC for state regulatory 

purposes, depending on whether the 

state relies on the EPA’s definition of 

VOC. 

DATES: The final rule is effective on July 

23, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2010–0605. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., confidential business information 

(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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Docket ID No. EPA–HQ–OAR–2010– 

0605, EPA/DC, EPA West, Room 3334, 

1301 Constitution Avenue Northwest, 

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 Docket ID No. EPA–HQ–OAR–2010– 

0605 is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

David Sanders, Office of Air Quality 

Planning and Standards, Air Quality 

Policy Division, Mail Code C539–01, 

Research Triangle Park, NC 27711; 

telephone: (919) 541–3356; fax number: 

919–541–0824; email address: 

sanders.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

final rule include, but are not 

necessarily limited to, states (typically 

state air pollution control agencies) that 

control VOCs, and industries involved 

in the manufacture or use of 

refrigerants, aerosol propellants and 

blowing agents for insulating foams. 

Table 1 is not intended to be exhaustive, 

but rather provides a guide for readers 

regarding entities likely to be affected by 

this action. This table lists the types of 

entities that the EPA is now aware of 

that could potentially be affected by this 

action. Other types of entities not listed 

in the table could also be affected. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. This 

action has no substantial direct effects 

on industry because it does not impose 

any new mandates on these entities, but, 

to the contrary, removes HFO-1234ze 

from the regulatory definition of VOC. 

TABLE 1—POTENTIALLY AFFECTED REGULATED CATEGORIES AND ENTITIES

Industry group SIC a NAICSb

Refrigerants ................................................................................................................................... 2869, 3585 238220, 336111, 336391 

Aerosol propellants ........................................................................................................................ 2869 325998 

Blowing agents .............................................................................................................................. 2869, 3086 326140, 326150 

aStandard Industrial Classification. 

b North American Industry Classification System. 

The use of this compound remains 

subject to other restrictions under the 

CAA. Specifically, the use of this 

compound as an aerosol propellant, 

blowing agent, or refrigerant or any 

other use in which it would substitute 

for chlorofluorocarbons, 

hydrochlorofluorocarbons, or their 

substitutes, is subject to regulation 

under the Significant New Alternatives 

Policy (SNAP) program (CAA § 612; 40 

CFR 82 subpart G). The SNAP program 

has issued final listings for HFO-1234ze 

as an acceptable foam and refrigerant 

substitute and as an aerosol propellant 

(74 FR 50129, September 30, 2009; 75 

FR 34017, June 16, 2010). 

B. How is this preamble organized? 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. How is this preamble organized? 

II. Background 

A. The EPA’s VOC Exemption Policy 

B. Petition to List HFO-1234ze as Exempt 

III. Proposed Action and Response to 

Comments 

IV. Final Action 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 


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