44900 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

amended to implement this decision.

This final rule is being made effective

immediately to expedite the State

program amendment process and to

encourage States to bring their programs

into conformity with the Federal

standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

2. Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of State regulatory

programs and program amendments

since each such program is drafted and

promulgated by a specific State, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

the Federal regulations at 30 CFR

730.11, 732.15, and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed States regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

4. Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

that is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

6. Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface

mining.

Dated: August 5, 1997.

Richard J. Seibel,

Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, title 30, chapter VII,

subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 934—NORTH DAKOTA

1. The authority citation for part 934

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 934.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 934.15 Approval of North Dakota

regulatory program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

* * * * * * *

May 2, 1997 ........................ August 25, 1997 ................. NDCC 38–14.1–04.1, .2, .3

[FR Doc. 97–22416 Filed 8–22–97; 8:45 am]

BILLING CODE 4310–05–M

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
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 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.
44902 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

TABLE 2.—COMPOUNDS ADDED TO THE LIST OF NEGLIGIBLY REACTIVE COMPOUNDS—Continued

Compound Chemical name

(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
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 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:

§ 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-trichloro1,2,2-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-chloro1,1,1,2-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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH104–1A; FRL–5877–9]

Approval and Promulgation of

Maintenance Plan Revisions; Ohio

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The United States

Environmental Protection Agency

(USEPA) is approving through ‘‘direct

final’’ procedure, a June 10, 1997,

request from Ohio, for State

Implementation Plan (SIP) maintenance

plan revisions for the following areas:

Toledo area (including Lucas and Wood

counties), the Cleveland-Akron-Lorain

area (including Lorain, Cuyahoga, Lake,

Ashtabula, Geauga, Medina, Summit

and Portage counties), and the DaytonSpringfield area (including

Montgomery, Clark, Greene, and Miami

counties). The maintenance plan

revisions are allocating to the mobile

source emission budget for

transportation conformity a portion of

the existing ‘‘Safety Margins.’’ The

safety margin is the difference between

the attainment inventory level of the

total emissions and the projected levels

of the total emissions in the final year

of the maintenance plan.

DATES: This ‘‘direct final’’ rule is

effective on October 24, 1997, unless

USEPA receives significant written

adverse or critical comments (which

have not already been addressed) by

September 24, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the documents

relevant to this action are available for

inspection during normal business

hours at the following location:

Regulation Development Section, Air

Programs Branch, (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois, 60604. Please contact

Scott Hamilton at (312) 353–4775 before

visiting the Region 5 office.

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch, (AR–18J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois,

60604.

FOR FURTHER INFORMATION CONTACT:

Scott Hamilton, Environmental

Scientist, Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 353–4775.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act in section 176(c)

requires conformity of activities to an

implementation plan’s purpose of

attaining and maintaining the National

ambient air quality standards. On

November 24, 1993, the USEPA

promulgated a final rule establishing

criteria and procedures for determining