[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 44900-44903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22510]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-5880-9]
RIN 2060-AG70
Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of 16 Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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 would add 16 compounds (shown in Table 2) 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 extinguishants, blowing agents and solvents.
DATES: This rule is effective September 24, 1997.
ADDRESSES: 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 Strategies and Standards Division (MD-15), Research Triangle
Park, NC 27711, phone (919) 541-5245.
SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially
regulated by
[[Page 44901]]
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. 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 (Alliance) submitted a petition to the EPA 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. However, they may be either
intermediates or unintentional byproducts resulting from the
manufacture of other compounds.
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 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 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 journal
articles where the rate constant values are published.
For the petition submitted by the Alliance, 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 substantially lower than that of ethane. Based on the
information submitted with the petition, EPA proposed on March 17, 1997
(62 FR 12583) to add the 16 compounds shown in Table 2 below to the
list of negligibly reactive compounds in EPA's definition of VOC found
in 40 CFR 51.100(s). One of the compounds in the petition (HCFC-150a)
was not proposed for exemption since EPA thought that the supporting
information did not justify a ``negligibly reactive'' rating at this
time.
II. Comments on the Proposal and EPA Response
The EPA received written comments on the proposal from four
organizations. The comments were from the petitioner and three
manufacturing companies. All four comment letters supported the
exclusion of the 16 compounds as VOC. Copies of these comments have
been added to the docket (A-96-36) 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 so none was held.
Based on the information presented in the proposal notice and on
the comments received during the public comment period, EPA has decided
to list the compounds in Table 2 as negligibly reactive.
Table 2.--Compounds Added to the List of Negligibly Reactive Compounds
------------------------------------------------------------------------
Compound Chemical name
------------------------------------------------------------------------
HFC-32....................... difluoromethane.
HFC-161...................... ethylfluoride.
HFC-236fa.................... 1,1,1,3,3,3-hexafluoropropane.
HFC-245ca.................... 1,1,2,2,3-pentafluoropropane.
HFC-245ea.................... 1,1,2,3,3-pentafluoropropane.
HFC-245eb.................... 1,1,1,2,3-pentafluoropropane.
HFC-245fa.................... 1,1,1,3,3-pentafluoropropane.
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-
methoxybutane.
(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.
[[Page 44902]]
(CF3)2CFCF2OC2H5............. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-
heptafluoropropane.
------------------------------------------------------------------------
Table 3 gives Chemical Abstract Service (CAS) numbers for the
compounds in Table 2.
Table 3.--Chemical Abstract Service (CAS) Numbers for Compounds
------------------------------------------------------------------------
Compound CAS number
------------------------------------------------------------------------
HFC-32................................... 75-10-5
HFC-161.................................. 353-36-6
HFC-236fa................................ 690-39-1
HFC-245ca................................ 679-86-7
HFC-245ea................................ 24270-66-4
HFC-245eb................................ 431-31-2
HFC-245fa................................ 460-73-1
HFC-236ea................................ 431-63-0
HFC-365mfc............................... 406-58-6
HCFC-31.................................. 593-70-4
HCFC-123a................................ 354-23-4
HCFC-151a................................ 1615-75-4
C4F9OCH3................................. 163702-07-6
(CF3)2CFCF2OCH3.......................... 163702-08-7
C4F9OC2H5................................ 163702-05-4
(CF3)2CFCF2OC2H5......................... 163702-06-5
------------------------------------------------------------------------
III. Final Action
Today's action is based on EPA's review of the material in Docket
No. A-96-36. The EPA hereby amends its definition of VOC at 40 CFR
51.100(s) to exclude the compounds in Table 2 as VOC for ozone SIP's
and ozone control strategies for purposes of attaining the ozone NAAQS.
The revised definition will also apply for purposes of any FIP's 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
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: (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 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 proposed 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.
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 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 this rule will not have an impact
on small entities because no additional costs will be incurred.
E. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 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
[[Page 44903]]
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: August 18, 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 amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
1. The authority citation for part 51 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 51.100 is amended by revising paragraph (s) introductory
text and 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
); 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. 97-22510 Filed 8-22-97; 8:45 am]
BILLING CODE 6560-50-M
