[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 [www.gpo.gov]
[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 https://www.regulations.gov/. 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 https://www.regulations.gov/. 
Out of an

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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 https://www.epa.gov/dockets 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: [email protected]. 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.


0
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]
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