[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Proposed Rules]
[Pages 12583-12586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6653]
[[Page 12583]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-5710-7]
RIN 2060-AG70
Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of 16 Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes to revise 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 any
Federal implementation plan (FIP) for an ozone nonattainment area. This
proposed revision would add 16 compounds (shown in Table 3) 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 have potential for use as refrigerants,
aerosol propellants, fire extinguishers, blowing agents and solvents.
Several of these compounds may be used as alternatives to
chlorofluorocarbons (CFC's) which are being phased out of production as
stratospheric ozone depleters.
DATES: Comments on this proposal must be received by April 16, 1997.
Requests for a hearing must be submitted by April 16, 1997.
ADDRESSES: Comments should be submitted in duplicate (if possible) to:
Air and Radiation Docket and Information Center (6102), Attention:
Docket No. A-96-36, U.S. Environmental Protection Agency, 401 M Street,
SW., Washington, DC 20460. Comments should be strictly limited to the
subject matter of this proposal, the scope of which is discussed below.
Public Hearing. If anyone contacts EPA requesting a public hearing,
it will be held at Research Triangle Park, NC. Persons wishing to
request a public hearing/wanting to attend the hearing or wishing to
present oral testimony should notify Mr. William Johnson, Air Quality
Management Division (MD-15), U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711, telephone (919) 541-5245. The EPA
will publish notice of a hearing, if requested, in the Federal
Register. Any hearing will be strictly limited to the subject matter of
the proposal, the scope of which is discussed below. The EPA has
established a public docket for this action, A-96-36, 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 Management Division (MD-15),
Research Triangle Park, NC 27711, phone (919) 541-5245. Interested
persons may call Mr. Johnson to see if a hearing will be held and the
date and location of any hearing.
SUPPLEMENTARY INFORMATION:
Regulated entities. Entities potentially regulated by this action
are those which use and emit VOC and States which have programs to
control VOC emissions.
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry.............................. Industries that use
refrigerants, blowing agents,
or solvents.
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 regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your organization is regulated by this action, you should carefully
examine the applicability criteria in Sec. 51.100 of title 40 of the
Code of Federal Regulations. 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.
I. Background
On September 25, 1995 the Alliance for Responsible Atmospheric
Policy submitted to the EPA a petition which requested that the
compounds shown in Table 1 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). (The original petition also included five other compounds
(CFC-111, CFC-112, CFC-112A, CFC-113a, and CFC-114a) not shown in Table
1, but the petitioner later requested that these compounds be removed
from consideration.)
Potential uses for these compounds are also shown in Table 1.
Blowing agent refers to products used in the manufacture of foamed
plastic. The compounds for which no use is shown have no currently
recognized commercial end-use. They may be either intermediates or
unintentional byproducts resulting from the manufacture of other
compounds. The petition points out that the use of HCFC and HFC
compounds can be substituted for CFC's and can thereby reduce potential
chlorine effects on stratospheric ozone.
Table 1.--Compounds Petitioned for VOC Exclusion (Along With Potential
Uses of Compounds)
------------------------------------------------------------------------
Compound Potential use
------------------------------------------------------------------------
HFC-32.................................. Refrigerant.
HFC-161................................. Aerosol propellant, blowing
agent.
HFC-236fa............................... Fire extinguishant,
refrigerant.
HFC-245ca............................... Refrigerant, blowing agent.
HFC-245eb............................... Refrigerant, blowing agent.
HFC 245fa............................... Refrigerant, blowing agent.
HFC 245ea............................... Solvent.
HFC-236ea............................... Refrigerant, blowing agent.
HFC-365mfc.............................. Blowing agent.
HCFC-31.................................
HCFC-150a...............................
HCFC-151a...............................
HCFC-123a............................... Blowing agent.
C4F9OCH3................................ Solvent.
(CF3)2CFCF2OCH3......................... Solvent.
C4F9OC2H5............................... Solvent.
(CF3)2CFCF2OC2H5........................ Solvent.
------------------------------------------------------------------------
In support of the petitions, the Alliance for Responsible
Atmospheric Policy 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 petitioner
compared the rate constants with that of ethane which has already been
listed as photochemically negligibly reactive (ethane is the compound
with the highest kOH value which is currently regarded as
negligibly reactive). The compounds under consideration are listed in
Table 2 along with their reported kOH rate constants. The
scientific information which the petitioner has submitted in support of
the petition has been added to the docket for this rulemaking. This
information includes references for the
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journal articles where the rate constant values are published.
Table 2.--Reaction Rate Constants With OH Radical Reported Rate Constant at 25 deg.C
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Compound cm\3\/molecule/sec CAS number
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Ethane............................. 2.4 x 10-13
HFC-32............................. 1.0 x 10-14 75-10-5
HFC-161............................ 17 x 10-14 353-36-6
HFC-236fa.......................... 0.034 x 10-14 690-39-2
HFC-245ca.......................... 0.91 x 10-14 679-86-7
HFC-245ea.......................... 1.6 x 10-14
HFC-245eb.......................... 1.5 x 10-14 431-31-2
HFC-245fa.......................... 0.66 x 10-14 690-39-1
HFC-236ea.......................... 0.66 x 10-14 431-63-0
HFC-365mfc......................... 0.87 x 10-14 406-58-6
HCFC-31............................ 4.5 x 10-14 593-70-4
HCFC-123a.......................... 1.23 x 10-14 354-23-4
HCFC-150a.......................... 2.6 x 10-13 75-34-3
HCFC-151a.......................... 6.9 x 10-14 1615-75-4
C4F9OCH3........................... 1.4 x 10-14 163702-07-6
(CF3)2CFCF2OCH3.................... 1.4 x 10-14 163702-08-7
C4F9OC2H5.......................... 6.4 x 10-14 163702-05-4
(CF3)2CFCF2OC2H5................... 6.4 x 10-14 163702-06-5
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II. The EPA Response to the Petitions
For the petition submitted by the Alliance for Responsible
Atmospheric Policy, the existing data support that the reactivities of
the compounds submitted (except for HCFC-150a), with respect to
reaction with OH radicals in the atmosphere, are lower than that of
ethane.
In the petition, the petitioner 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 the compounds listed above, do not
participate in such reactions significantly.
The information submitted by the petitioner for HCFC-150a does not
justify the petitioners request that this compound be declared
``negligibly reactive.'' The reactivity of HCFC-150a with respect to
reaction with OH is higher than that of ethane (i.e., 26 x 10-14
cm3 molecule-1 s-1 vs. 24 x 10-14 cm3
molecule-1 s-1, for reaction rate constants). This suggests,
but in the absence of detailed information on the atmospheric chemistry
of HCFC-150a does not prove, a higher ozone-forming reactivity. In the
cases of such VOC species, for which conclusive scientific evidence is
not available, the EPA policy has been to assume the VOC species to
have significant ozone-forming reactivity unless and until additional
specific evidence is produced that attests the contrary position. At
this time, therefore, a ``negligibly reactive'' rating for HCFC-150a
cannot be justified.
The EPA is responding to the petition by proposing in this notice
to add the compounds in Table 3 to the list of compounds appearing in
40 CFR 51.100(s).
Table 3.--Compounds Proposed to be Added to the List of Negligibly
Reactive Compounds
------------------------------------------------------------------------
Compound Chemical name or formula
------------------------------------------------------------------------
HFC-32................................. Difluoromethane.
HFC-161................................ Ethylfluoride.
HFC-236fa.............................. 1,1,1,3,3,3-hexafluoropropane.
HFC-245ca.............................. 1,1,2,2,3-pentafluoropentane.
HFC-245ea.............................. 1,1,2,3,3-pentafluoropropane.
HFC-245eb.............................. 1,1,1,3,4-pentafluoropentane.
HFC-245fa.............................. 1,1,1,3,3-pentafluoropentane.
HFC-236ea.............................. 1,1,1,2,3,3-hexafluoropropane.
HFC-365mfc............................. 1,1,1,3,3-pentafluorobutane.
HCFC-31................................ chlorofluoromethane.
HCFC-123a.............................. 1,2-dichloro-1,1,2-
trifluoroethane.
HCFC-151a.............................. 1 chloro-1-fluoroethane.
C4F9OCH3............................... 1,1,1,2,2,3,3,4,4-nonafluoro-4-
methoxy-butane.
(CF3)2CFCF2OCH3........................ 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-
heptafluoropropane.
C4F9OC2H5.............................. 1-ethoxy-1,1,2,2,3,3,4,4,4-
nonafluorobutane.
(CF3)2CFCF2OC2H5....................... 2-(ethoxydifluoromethyl)-
1,1,1,2,3,3,3-
heptafluoropropane.
------------------------------------------------------------------------
III. Proposed Action
Today's proposed action is based on EPA's review of the material in
Docket No. A-96-36. The EPA hereby proposes to amend its definition of
VOC at 40 CFR 51.100(s) to exclude the compounds in Table 3 as VOC for
ozone SIP and ozone control purposes. The revised definition will also
apply in Federal Implementation Plans for ozone nonattainment areas
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
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VOC those compounds that EPA has found to be negligibly reactive.
However, if this action is made final, 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
proposed rulemaking. The principle purposes of the docket are: (1) To
allow interested parties to identify and locate documents so that they
can effectively participate in the rulemaking process; and, (2) 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.
Since this proposed rule is deregulatory in nature and does not
impose a mandate upon any source, this rule is not estimated to result
in the expenditure by State, local and tribal governments or the
private sector of $100 million in any 1 year. Therefore, 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
The Regulatory Flexibility Act (RFA) of 1980 requires the
identification of potentially adverse impacts of Federal regulations
upon small business entities. The Act specifically requires the
completion of an RFA analysis in those instances where the regulation
would impose a substantial impact on a significant number of small
entities. Because this proposed rulemaking imposes no adverse economic
impacts, an analysis has not been conducted. Pursuant to the provision
of 5 U.S.C. 605(b), I hereby certify that the proposed rule will not
have an impact on small entities because no additional costs will be
incurred.
E. Paperwork Reduction Act
This proposed 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.
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: March 10, 1997.
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 proposed to be amended
as follows:
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 proposed to be amended by revising paragraph
(s)(1) to read as follows:
Sec. 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-difluoroethane (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; 3,3-
[[Page 12586]]
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); difluoromethane (HFC-32);
ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
1,1,2,2,3-pentafluoropentane (HFC-245ca); 1,1,2,3,3-pentafluoropropane
(HFC-245ea); 1,1,1,3,4-pentafluoropentane (HFC-245eb); 1,1,1,3,3-
pentafluoropentane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-
236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane
(HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-
trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-
butane (C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);
1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5); 2-(ethoxydifluoromethyl)-
1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5); 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. 97-6653 Filed 3-14-97; 8:45 am]
BILLING CODE: 6560-50-P
