[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Proposed Rules]
[Pages 44926-44928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22509]



[[Page 44926]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-5880-7]
RIN 2060-AH27


Air Quality: Revision to Definition of Volatile Organic 
Compounds--Exclusion of Methyl Acetate

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 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. 
Methyl acetate appears to be promising as a solvent for wood furniture 
coatings.

DATES: Comments on this proposal must be received by September 24, 
1997. Requests for a hearing must be submitted by September 24, 1997.

ADDRESSES: Comments should be submitted in duplicate (if possible) to: 
Air and Radiation Docket and Information Center (6102), Attention: 
Docket No. A-97-32, 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 
Strategies and Standards 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-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. 
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.

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                Category                  Examples of regulated 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 already 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 (62 
FR 12583, 61 FR 52848, and 61 FR 4588).
    One common way to evaluate reactivity is to look at the reaction 
rate constant (k<INF>OH</INF>) value which is a measure of the rate 
with which the compound reacts with hydroxyl (OH) radical. This 
reaction is usually the first step in a series through which the 
compound breaks down and participates in increased ozone formation. If 
the OH reaction step is slow, the compound usually will not react 
rapidly to form ozone. A k<INF>OH</INF> value higher than that of 
ethane indicates that the compound reacts rapidly with OH. The high 
k<INF>OH</INF> value generally indicates a high ozone formation rate, 
but this may or may not be true depending on how the VOC behaves 
subsequent to the OH attack.
    The best available k<INF>OH</INF> value available for methyl 
acetate is 3.4  x  10<SUP>-13</SUP> cm<SUP>3</SUP> 
molecule<SUP>-1</SUP> sec<SUP>-1</SUP> which is larger than the 
k<INF>OH</INF> value for ethane (i.e., 2.4  x  10<SUP>-13</SUP> 
cm<SUP>3</SUP> molecule<SUP>-1</SUP> sec<SUP>-1</SUP>). This seems to 
indicate that methyl acetate is more reactive than ethane, but 
additional studies have shown that this is not actually the case. These 
studies, which were carried out by Dr. William P. L. Carter of the 
University of California at Riverside, indicate that the reactivity of 
methyl acetate is comparable to that of ethane.
    Based on literature information, Dr. Carter conceived two 
alternative mechanisms for the atmospheric photooxidation of methyl 
acetate--one leading to a higher ozone yield and one to a lower yield--
and tested them against his smog chamber data. The mechanism that 
showed the best agreement with his data was the one leading to low 
ozone yield. Using that mechanism in a mechanistic model, Dr. Carter 
computed the reactivity (i.e., maximum incremental reactivity) of 
methyl acetate relative to that of ethane for 39 different sets of 
urban conditions. Results showed methyl acetate reactivity to be 
significantly lower (on an ozone-formed, per gram, VOC basis) than that 
of ethane for all sets of conditions. The average value is only 40 
percent of that of ethane. Based on these results, Dr. Carter concluded 
that methyl acetate is less reactive than ethane.
    Some uncertainties are due to the assumptions imbedded in the 
mechanism used by Dr. Carter to compute reactivities. Dr. Carter made 
one assumption concerning the nature of the main intermediate product 
from the photooxidation of methyl acetate, and another one concerning 
the atmospheric chemistry of that product. While the assumptions are 
consistent with existing knowledge, and are supported also by the good 
agreement between mechanism and smog chamber data, they were, 
nevertheless, accepted without direct experimental verification (e.g., 
the analytical system used was not sufficient for identifying the 
``assumed'' intermediate product), and are, therefore, subject to some 
uncertainty.

[[Page 44927]]

Even so, the data presented are sufficiently valid to strongly support 
acceptance of the petition.
    As mentioned above, the data presented in Dr. Carter's study are 
reported on a weight basis, i.e., grams of ozone-formed, per gram, of 
VOC reacted. In one case in the past (60 FR 31633) where maximum 
incremental reactivity data were presented, EPA has examined a 
reactivity petition solely on a weight basis. However, for the methyl 
acetate petition, EPA has also looked at the data on a mole basis, 
i.e., amount of ozone-formed, per mole, of VOC reacted. Use of a per 
mole basis is consistent with previous reactivity determinations based 
on k<INF>OH</INF> values expressed in units of cm<SUP>3</SUP> 
molecule<SUP>-1</SUP> sec<SUP>-1</SUP>. This is also consistent with 
the experimental work, done on a mole basis, which was used to 
originally list ethane as negligibly reactive. The choice of weight 
basis versus mole basis is significant. Given the relative low 
molecular weight of ethane, use of the per gram basis tends to result 
in more VOC (higher molecular weight ones) falling into the 
``negligibly reactive'' class relative to the per mole basis.
    On a mole basis, the average reactivity value of methyl acetate for 
the 39 cities is lower than that for ethane. In 28 out of the 39 cases, 
methyl acetate's reactivity is less than that of ethane. Based on these 
results, EPA concludes that the existing scientific evidence does not 
support a methyl acetate reactivity higher than that of ethane.

II. Proposed Action

    Today's proposed action is based on EPA's review of the material in 
Docket No. A-97-32. The EPA hereby proposes to amend 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 NAAQS. The 
revised definition will also apply for purposes of any FIP for ozone 
nonattainment areas (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, 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.

III. 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

    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 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 a significant impact on a substantial number of 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, 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.


[[Page 44928]]


    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 proposed to be 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 proposed to be amended by revising paragraph 
(5) 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>
); 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. 97-22509 Filed 8-22-97; 8:45 am]
BILLING CODE 6560-50-P