98-9247. Air Quality: Revision to Definition of Volatile Organic CompoundsExclusion of Methyl Acetate  

  • [Federal Register Volume 63, Number 68 (Thursday, April 9, 1998)]
    [Rules and Regulations]
    [Pages 17331-17333]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-9247]
    
    
    
    [[Page 17331]]
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 51
    
    [FRL-5992-4]
    RIN 2060-AH27
    
    
    Air Quality: Revision to Definition of Volatile Organic 
    Compounds--Exclusion of Methyl Acetate
    
    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 any Federal 
    implementation plan (FIP) for an ozone nonattainment area. This 
    revision adds methyl acetate to the list of compounds excluded from the 
    definition of VOC on the basis that this compound has negligible 
    contribution to tropospheric ozone formation. This compound has 
    potential for use as a solvent in paints, inks and adhesives.
    
    DATES: This rule is effective May 11, 1998.
    
    ADDRESSES: The EPA has established a public docket for this action, A-
    97-32, 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 and States which have programs to control VOC emissions.
    
    ------------------------------------------------------------------------
                                                    Examples of regulated   
                     Category                             entities          
    ------------------------------------------------------------------------
    Industry..................................  Industries that manufacture 
                                                 and use paints, inks and   
                                                 adhesives.                 
    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. 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 July 30, 1996, Eastman Chemical Company submitted a petition to 
    the EPA which requested that methyl acetate 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 petitioner based the request 
    on a comparison of the reactivity of methyl acetate to that of ethane 
    which has been listed since 1977 as having negligible reactivity. In a 
    number of cases in the past, EPA has accepted compounds with lower 
    reactivity than ethane as negligibly reactive (see, e.g., 61 FR 4588 
    (February 7, 1996), 61 FR 52848 (October 8, 1996), and 62 FR 44900 
    (August 25, 1997)).
        As indicated in the proposal, a study was performed comparing the 
    reactivity of methyl acetate to ethane on a ``per gram'' basis. The EPA 
    also calculated the results of this study on a ``per mole'' 
    basis.1 Under both sets of tests, the reactivity of methyl 
    acetate was comparable to or less than that for ethane. Based on these 
    results, EPA concluded that existing scientific evidence does not 
    support a methyl acetate reactivity higher than that of ethane. 
    Therefore, EPA proposed on August 25, 1997 (62 FR 44926) to add methyl 
    acetate to the list of negligibly reactive compounds in EPA's 
    definition of VOC found in 40 CFR 51.100(s). The proposal provided for 
    a 30-day public comment period.
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        \1\  The EPA has evaluated most VOC exemption considerations in 
    the past using kOH values expressed in units of 
    cm3 molecule-1 sec-1 which is 
    consistent with a per mole basis. However, in one recent case, EPA 
    examined a reactivity petition solely on a weight or ``per gram'' 
    basis (60 FR 31633 (June 16, 1995) (exempting acetone from the 
    definition of VOC)). The use of a reactivity per mole basis is a 
    more strict basis for comparison to the reactivity of ethane for 
    compounds whose molecular weight is greater than ethane. Given the 
    relatively low molecular weight of ethane, use of the per gram basis 
    tends to result in more compounds falling into the ``negligibly 
    reactive'' class. Because methyl acetate is less reactive than 
    ethane based on a per mole basis, EPA is not addressing today 
    whether it should continue to exempt compounds based on a per gram 
    basis.
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    II. Comments on the Proposal and EPA Response
    
        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). There were no requests 
    for a public hearing.
        The EPA received written comments on the proposal from four 
    organizations. The comments were from the petitioner, one industry 
    trade association, and two manufacturing companies. Two commenters 
    supported the action, one opposed the action, and one commenter raised 
    the issue of banked credits for previous reductions in methyl acetate. 
    Copies of these comments have been added to the docket (A-97-32) for 
    this action. Substantial comments and EPA's responses are listed below.
        Comment: One commenter found the proposed exclusion troubling as 
    they understood that EPA is reconsidering the method for determining 
    photochemical reactivity of VOC and the baseline used to determine 
    negligible reactivity.
        Response: The EPA is beginning a process of evaluating its 
    reactivity policy in view of scientific information which has been 
    gained since 1977 when the VOC policy was first published. This 
    evaluation process, which will involve model development, modeling 
    studies and collection of new information, is expected to take several 
    years. However, the EPA has decided to proceed with approving the 
    methyl acetate petition now even though the Agency is anticipating a 
    review of its reactivity policy. Methyl acetate shows reactivity 
    comparable to ethane on a per mole basis. There is currently no valid 
    scientific support for not exempting this compound at this time, and 
    the commenter has not provided the Agency with an adequate scientific 
    basis for not exempting methyl acetate.
        Comment: One commenter stated that fundamental organic 
    photochemistry and oxidation chemistry imply that methyl acetate will 
    contribute to the photochemical generation of ozone in the troposphere. 
    Specifically, the photolysis of methyl acetate caused by the light 
    absorption at wavelengths up to about 230 nanometers (nm) would result 
    in the production of radicals and should be an efficient photochemical 
    process. The commenter further states that methyl acetate may absorb 
    energy and transfer this energy to other molecules to form radicals.
        Response: The commenter's claim that methyl acetate participates in 
    atmospheric photochemical reactions by virtue of light absorption at 
    wavelengths up to about 230 nm and photolysis into free radicals is 
    contrary to current understanding of photolytic processes occurring in 
    the atmosphere. Specifically, the photolytic activity
    
    [[Page 17332]]
    
    attributed by the commenter to methyl acetate can occur outside but not 
    inside the troposphere. It is a well known fact that, inside the 
    troposphere, photolysis of chemical compounds is restricted to the 
    wavelength region above 290 nm. Furthermore, the study of methyl 
    acetate by Dr. William P.L. Carter of the University of California at 
    Riverside, which was submitted with the petition, did not result in 
    evidence of any effects due to photolysis. Finally, Dr. Carter's 
    results and conclusion were supported by smog chamber data obtained by 
    a competent experimentalist, and were agreed with by a reactivity 
    expert peer reviewer. Such experimental and peer review support of a 
    reactivity measurement are accepted by the reactivity scientific 
    community as being reliable, and, therefore, justify EPA's decision to 
    accept the measurement result.
        Comment: A commenter stated that ethane is unreactive in radical 
    reactions, that ethane is not usually used in chemical feedstocks, and 
    that methyl acetate is easily destroyed using catalytic oxidation, 
    while ethane is not.
        Response: The evidence for methyl acetate's low reactivity reported 
    in Dr. Carter's study indicates that the items in this comment are not 
    significant when comparing the photochemical reactivity of methyl 
    acetate to that of ethane.
        Comment: One commenter expressed concern that the exclusion of 
    methyl acetate as a VOC will have a deleterious effect on netting, 
    offsetting and trading of existing emissions reduction ``credits'' at 
    their facilities that have already made substantial reductions in 
    methyl acetate emissions over the past few years. At the time they made 
    the reductions, they did so with the understanding that they could be 
    applied to future expansions at their facilities or could be used for 
    trading and/or offsetting. They are concerned that EPA's proposal might 
    be interpreted as obviating these emissions credits.
        Response: This is an important concern, but it should not determine 
    whether a compound, such as methyl acetate, is recognized as being 
    negligibly reactive. This decision should rest only on the scientific 
    evidence of the photochemical reactivity of the compound. How to treat 
    banked credits of a compound that has subsequently been determined to 
    be negligibly reactive and not to be counted toward VOC reductions in 
    the future is an issue that transcends this methyl acetate action 
    alone. The EPA's current policy is to allow States to decide how they 
    will handle situations within their jurisdictions in a case-by-case 
    manner.
    
    III. Final Action
    
        Today's action is based on EPA's review of the material in Docket 
    No. A-97-32. The EPA hereby amends its definition of VOC at 40 CFR 
    51.100(s) to exclude methyl acetate as a VOC for ozone SIP and ozone 
    control for purposes of attaining the ozone national ambient air 
    quality standard. The revised definition also applies for purposes of 
    any Federal implementation plan for ozone nonattainment areas (e.g., 40 
    CFR 52.741(a)(3)). 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 should not take credit for 
    controlling these compounds in their ozone control strategy. EPA, 
    however, urges States to continue to inventory the emissions of methyl 
    acetate for use in photochemical modeling to assure that such emissions 
    are not having a significant effect on ambient ozone levels.
    
    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: (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
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
    L. 104-4, establishes requirements for Federal agencies to assess the 
    effects of their regulatory actions on State, local, and tribal 
    governments and the private sector. Under section 202 of the UMRA, EPA 
    generally must prepare a written statement, including a cost-benefit 
    analysis, for proposed and final rules with ``Federal mandates'' that 
    may result in expenditures to State, local, and tribal governments, in 
    the aggregate, or to the private sector, of $100 million or more in any 
    1 year. Before promulgation of an EPA rule for which a written 
    statement is needed, section 205 of the UMRA generally requires EPA to 
    identify and consider a reasonable number of regulatory alternatives 
    and adopt the least costly, most cost effective, or least burdensome 
    alternative that achieves the objective of the rule, unless EPA 
    publishes with the final rule an explanation of why that alternative 
    was not adopted. Before EPA establishes any regulatory requirements 
    that may significantly or uniquely affect small governments including 
    tribal governments, it must have developed under section 203 of the 
    UMRA a small government plan which informs, educates and advises small 
    governments on compliance with the regulatory requirements. Finally, 
    section 204 provides that for any proposed or final rule that imposes a 
    mandate on a State, local or tribal government of $100 million or more 
    annually, the Agency must provide an opportunity for such governmental 
    entities to provide input in development of the rule.
        Since today's rulemaking is deregulatory in nature and does not 
    impose any mandate on governmental entities or the private sector, EPA 
    has determined that sections 202, 203, 204 and 205 of the UMRA do not 
    apply to this action.
    
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    D. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (RFA) of 1980 requires the 
    identification of potentially adverse economic 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 economic impact on a significant 
    number of small entities. The RFA analysis is for the purpose of 
    determining the economic impact imposed by the terms of the regulation 
    being adopted. Because this rule is deregulatory in nature, no economic 
    impacts are imposed by its terms. Therefore, because this rulemaking 
    imposes no adverse economic impacts within the meaning of the RFA, an 
    analysis has not been conducted. Pursuant to the provision of 5 U.S.C. 
    605(b), I hereby certify that this rule will not have a significant 
    impact on a substantial number of small entities because no additional 
    costs will be incurred.
    
    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: April 1, 1998.
    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:
    
    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 republishing (s) introductory text 
    and 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; 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); difluoromethane (HFC-32); ethylfluoride (HFC-161); 
    1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane 
    (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-
    pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (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
    ); methyl acetate 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. 98-9247 Filed 4-8-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
5/11/1998
Published:
04/09/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-9247
Dates:
This rule is effective May 11, 1998.
Pages:
17331-17333 (3 pages)
Docket Numbers:
FRL-5992-4
RINs:
2060-AH27: Revision of Definition of Volatile Organic Compounds - Exclusion of Methyl Acetate
RIN Links:
https://www.federalregister.gov/regulations/2060-AH27/revision-of-definition-of-volatile-organic-compounds-exclusion-of-methyl-acetate
PDF File:
98-9247.pdf
CFR: (1)
40 CFR 51.100