[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]


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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.

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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 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.               
C<INF>4F<INF>9OCH<INF>3.................................  Solvent.                     
(CF<INF>3)<INF>2CFCF<INF>2OCH<INF>3..........................  Solvent.                     
C<INF>4F<INF>9OC<INF>2H<INF>5................................  Solvent.                     
(CF<INF>3)<INF>2CFCF<INF>2OC<INF>2H<INF>5.........................  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 
(k<INF>OH</INF> 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 k<INF>OH</INF> 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.                 
C<INF>4F<INF>9OCH<INF>3.....................  1,1,1,2,2,3,3,4,4-nonafluoro-4-          
                                methoxybutane.                          
(CF<INF>3)<INF>2CFCF<INF>2OCH<INF>3..............  2-(difluoromethoxymethyl)-1,1,1,2,3,3,3- 
                                heptafluoropropane.                     
C<INF>4F<INF>9OC<INF>2H<INF>5....................  1-ethoxy-1,1,2,2,3,3,4,4,4-              
                                nonafluorobutane.                       

[[Page 44902]]

                                                                        
(CF<INF>3)<INF>2CFCF<INF>2OC<INF>2H<INF>5.............  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                    
C<INF>4F<INF>9OCH<INF>3.................................  163702-07-6                  
(CF<INF>3)<INF>2CFCF<INF>2OCH<INF>3..........................  163702-08-7                  
C<INF>4F<INF>9OC<INF>2H<INF>5................................  163702-05-4                  
(CF<INF>3)<INF>2CFCF<INF>2OC<INF>2H<INF>5.........................  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 
(C<INF>4</INF>F<INF>9</INF>OCH<INF>3</INF>); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane 
((CF<INF>3</INF>)<INF>2</INF>CFCF<INF>2</INF>OCH<INF>3</INF>); 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 
(C<INF>4</INF>F<INF>9</INF>OC<INF>2</INF>H<INF>5</INF>); 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 
((CF<INF>3</INF>)<INF>2</INF>CFCF<INF>2</INF>OC<INF>2</INF>H<INF>5</INF>
); 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