[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Rules and Regulations]
[Pages 52848-52850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25787]
[[Page 52847]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 51
Air Quality: Volatile Organic Compounds Definition Revision; Exclusion
of HFC 43-10mee, HCFC 225ca, and cb; Final Rule
Federal Register / Vol. 61, No. 196 / Tuesday, October 8, 1996 /
Rules and Regulations
[[Page 52848]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-5466-9]
Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of HFC 43-10mee and HCFC 225ca and cb
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action revises EPA's definition of volatile organic
compounds (VOC) for purposes of preparing State implementation plans
(SIP's) to attain the national ambient air quality standards (NAAQS)
for ozone under title I of the Clean Air Act (Act) and for the Federal
implementation plan (FIP) for the Chicago ozone nonattainment area.
This action adds HFC 43-10mee and HCFC 225ca and cb to the list of
compounds excluded from the definition of VOC on the basis that these
compounds have negligible contribution to tropospheric ozone formation.
These compounds are solvents which could be used in electronics and
precision cleaning.
EFFECTIVE DATE: This rule is effective November 7, 1996.
ADDRESSES: The EPA has established a public docket for this action, A-
95-37, which is available for public inspection and copying between 8
a.m. and 4 p.m., Monday through Friday, at EPA's Air and Radiation
Docket and Information Center, (6102), 401 M Street, SW, Washington, DC
20460. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: William Johnson, Office of Air Quality
Planning and Standards, Air Quality Strategies and Standards Division
(MD-15), Research Triangle Park, NC 27711, phone (919) 541-5245.
SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially
regulated by this action are those which use and emit VOC's and States
which have programs to control VOC emissions.
------------------------------------------------------------------------
Examples of regulated
Category entities
------------------------------------------------------------------------
Industry.................................. Industries that do solvent
cleaning, e.g. electronics
or precision cleaning.
States.................................... States which have
regulations to control
volatile organic compounds.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by State
regulation initiated pursuant to this action. States may use this
revised definition of VOC in promulgating new or revising existing
reasonably available control technology requirements for stationary
sources. If you have further questions regarding the applicability of
this action to a particular entity, you may consult the person listed
in the FOR FURTHER INFORMATION CONTACT section of this notice or
contact your State or local air pollution control agency.
I. Background
Petitions have been received from two organizations asking for
certain compounds to be added to the list of compounds which are
considered to be negligibly reactive in the definition of VOC at 40 CFR
51.100(s). On December 12, 1994, Asahi Glass America, Inc., submitted a
petition for HCFC 225ca and cb isomers. These compounds are chemically
named 3,3-dichloro-1,1,1,2,2-pentafluoropropane (CAS number 422-56-0)
and 1,3-dichloro-1,1,2,2,3-pentafluoropropane (CAS number 507-55-1),
respectively. On March 13, 1995, the E.I. du Pont de Nemours and
Company submitted a petition for the compound HFC 43-10mee. This
compound has the chemical name 1,1,1,2,3,4,4,5,5,5-decafluoropentane
(CAS number 138495-42-8).
In support of their petitions, these organizations supplied
information on the photochemical reactivity of the individual
compounds. This information consisted mainly of the rate constant for
the reaction of the compound with the hydroxyl (OH) radical. This rate
constant (kOH value) is commonly used as one measure of the
photochemical reactivity of compounds. The petitioners compared the
rate constants with that of other compounds which have already been
listed as photochemically, negligibly reactive (e.g., ethane which is
the compound with the highest kOH value that is currently regarded
as negligibly reactive). Reported kOH rate constants for ethane
and the compounds for which petitions were submitted are listed in
Table 1.
Table 1.--Reaction Rate Constants With OH Radical Reported Rate Constant
at 25 deg.C
------------------------------------------------------------------------
Compound cm3/molecule/sec
------------------------------------------------------------------------
Ethane................................... 2.4 x 10-13
HCFC-225ca............................... 2.5 x 10-14
HCFC-225cb............................... 8.6 x 10-15
HFC 43-10mee............................. 3.87 x 10-15
------------------------------------------------------------------------
The scientific information which the petitioners have submitted in
support of their petitions has been added to the docket for this
rulemaking. This information includes references for the journal
articles where the rate constant values are published.
In regard to the petition for HCFC 225ca and HCFC 225cb, existing
data support that the reactivities of these compounds with respect to
reaction with OH radicals in the atmosphere are considerably lower than
that of ethane. This would indicate that these compounds are less
reactive than ethane which is already classified as negligibly
reactive. Similarly, for HFC 43-10mee, the rate constant of reaction
with the OH radical is considerably less than that for ethane.
In each of the above petitions, the petitioners did not submit
reactivity data with respect to other VOC loss reactions (such as
reaction with O-atoms, nitrogen trioxide (NO3)-radicals, and ozone
(O3), and for photolysis). However, there is ample evidence in the
literature that halogenated paraffinic VOC, such as these compounds, do
not participate in such reactions significantly.
II. Comments on the Proposal and EPA Responses
Based on a review of the scientific material submitted by the
petitioners, EPA published a notice in the Federal Register on May 1,
1996 (61 FR 19231) which proposed to revise EPA's definition of VOC to
add HFC 43-10mee and HCFC 225ca and cb to the list of compounds which
are considered to be negligibly photochemically reactive. In the
proposal, EPA summarized the technical basis for its preliminary
decision to add these compounds to this list. That notice asked for
comments from the public on the proposal and provided a 30-day comment
period which ended May 31, 1996. In accordance with section 307(d) of
the Act, today's action is accompanied by a response to the significant
comments, criticisms, and new data submitted in written or oral
presentations during the public comment period. During the comment
period, written comments
[[Page 52849]]
were received from one company in response to EPA's May 1, 1996
proposal. This comment letter supported the proposed action. A copy of
that comment letter is located in the docket (A-95-37) for this action.
In the proposal for today's action, EPA indicated that interested
persons could request that EPA hold a public hearing on the proposed
action (see section 307(d)(5)(ii) of the Act). During the comment
period, no one requested a public hearing, therefore none was held.
III. Final Action
Based on its review of the material in Docket No. A-95-37, the EPA
hereby amends its definition of VOC at 40 CFR 51.100(s) to exclude HCFC
43-10mee, HCFC 225ca and HCFC 225cb as VOC for ozone SIP and ozone
control purposes. The revised definition also applies in the Chicago
ozone nonattainment area pursuant to the 40 CFR 52.741(a)(3) definition
of volatile organic material or VOC. States are not obligated to
exclude from control as a VOC those compounds that EPA has found to be
negligibly reactive. However, States should not include these compounds
in their VOC emissions inventories for determining reasonable further
progress under the Act (e.g., section 182(b)(1)) and may not take
credit for controlling these compounds in their ozone control strategy.
IV. Administrative Requirements
A. Docket
The docket is an organized and complete file for all information
submitted or otherwise considered by EPA in the development of this
rulemaking. The principle purposes of the docket are to allow
interested parties to identify and locate documents so that they can
effectively participate in the rulemaking process and to serve as the
record in case of judicial review (except for interagency review
materials) (section 307(d)(7)(A)).
B. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of this Executive Order. The order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not ``significant'' because none of the
listed criteria apply to this action. Consequently, this action was not
submitted to OMB for review under Executive Order 12866.
C. Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded
Mandates Act) (signed into law on March 22, 1995) requires that the
Agency prepare a budgetary impact statement before promulgating a rule
that includes a Federal mandate that may result in expenditure by
State, local, and tribal governments, in aggregate, or by the private
sector of $100 million or more in any 1 year. Section 204 requires the
Agency to establish a plan for obtaining input from and informing,
educating, and advising any small governments that may be significantly
or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the Agency must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The Agency must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the Agency explains why
this alternative is not selected or the selection of this alternative
is inconsistent with law.
Because this rule is estimated to result in the expenditure by
State, local and tribal governments or the private sector of less than
$100 million in any 1 year, the Agency has not prepared a budgetary
impact statement or specifically addressed the selection of the least
costly, most cost-effective, or least burdensome alternative. Because
small governments will not be significantly or uniquely affected by
this rule, the Agency is not required to develop a plan with regard to
small governments.
D. Regulatory Flexibility Act
For proposed and final rules, the Regulatory Flexibility Act of
1980 requires the Agency to perform a regulatory flexibility analysis,
identifying the economic impact of the rule on small entities. 5 U.S.C.
601 et. seq. In the alternative, if the Agency determines that the rule
will not have a significant economic impact on a substantial number of
small entities, the Agency can make a certification to that effect.
Because this rule relieves a restriction, it will not impose and any
adverse economic impact on small entities. Therefore, pursuant to 5
U.S.C. 605(b), I hereby certify that this action will not have a
significant economic impact on a substantial number of small entities
because it relaxes current regulatory requirements rather than imposing
new ones.
E. Paperwork Reduction Act
This rule does not change any information collection requirements
subject to OMB under the Paperwork Reduction Act of 1980, 44 U.S.C.
3501 et seq.
F. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 27, 1996.
Carol M. Browner,
Administrator.
For reasons set forth in the preamble, part 51 of chapter I of
title 40 of the Code of Federal Regulations is amended as follows:
[[Page 52850]]
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S.C. 7401-7641q.
2. Section 51.100 is amended by revising paragraph (s) introductory
text and paragraph (s)(1) to read as follows:
51.100 Definitions.
* * * * *
(s) Volatile organic compounds (VOC) means any compound of carbon,
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides or carbonates, and ammonium carbonate, which participates in
atmospheric photochemical reactions.
(1) This includes any such organic compound other than the
following, which have been determined to have negligible photochemical
reactivity: methane; ethane; methylene chloride (dichloromethane);
1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-
trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11);
dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22);
trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-
114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-
dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-
dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroe- thane
(HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134);
1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a);
parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear
completely methylated siloxanes; acetone; perchloroethylene
(tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-
225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); and
perfluorocarbon compounds which fall into these classes:
(i) Cyclic, branched, or linear, completely fluorinated alkanes,
(ii) Cyclic, branched, or linear, completely fluorinated ethers
with no unsaturations,
(iii) Cyclic, branched, or linear, completely fluorinated tertiary
amines with no unsaturations, and
(iv) Sulfur containing perfluorocarbons with no unsaturations and
with sulfur bonds only to carbon and fluorine.
* * * * *
[FR Doc. 96-25787 Filed 10-7-96; 8:45 am]
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