```

[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9823-9828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03057]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2007-0089; FRL-9779-3]
RIN 2060-AO17

Air Quality: Revision to Definition of Volatile Organic 
Compounds--Exclusion of a Group of Four Hydrofluoropolyethers (HFPEs)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action revises the definition of volatile organic 
compounds (VOCs) under the Clean Air Act (CAA). This revision adds four 
chemical compounds to the list of compounds excluded from the 
definition of VOC on the basis that each of these compounds makes a 
negligible contribution to tropospheric ozone formation. These 
compounds consist of four hydrofluoropolyethers (HFPEs) which are 
identified as HCF2OCF2H (also known as HFE-134), 
HCF2OCF2OCF2H (also known as HFE-
236cal2), HCF2OCF2CF2OCF2H 
(also known as HFE-338pcc13), and 
HCF2OCF2OCF2CF2OCF2
H (also known as H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)). If 
an entity uses or produces any of these four HFPE compounds (these 
being in the family of products known by the trade name H-Galden) and 
is subject to the EPA regulations limiting the use of VOC in a product, 
limiting the VOC emissions from a facility, or otherwise controlling 
the use of VOC for purposes related to attaining the ozone national 
ambient air quality standards (NAAQS), then the compound will not be 
counted as a VOC in determining whether these regulatory obligations 
have been met. This action may also affect whether any of these 
compounds is considered a VOC for state regulatory purposes, depending 
on whether the state relies on the EPA's definition of VOC. In 
addition, the EPA is making certain technical corrections to the 
current list of exempt compounds.

DATES: The final rule is effective on March 14, 2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2007-0089. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Docket ID No. EPA-HQ-OAR-
2007-0089, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, 
Northwest, Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, State and Local 
Programs Group, Mail Code (C539-01), Environmental Protection Agency, 
Research Triangle Park, N.C. 27711; telephone (919) 541-3356 or fax 
(919) 541-0824; and email address: sanders.dave@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final rule include, but are 
not necessarily limited to, states (typically state air pollution 
control agencies) that control VOCs, and industries listed in the 
following table involved in the manufacture or use of fire suppressants 
and specialized refrigerants in secondary loop refrigeration systems 
for heat transfer. Table 1 is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be affected 
by this action. This table lists the types of entities that the EPA is 
now aware of that could potentially be affected by this action. Other 
types of entities not listed in the table could also be affected. 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. This action has no substantial 
direct effects on industry because it does not impose any new mandates 
on these entities, but, to the contrary, removes these four HFPEs from 
the regulatory definition of VOC.
    This final rule is applicable to all manufacturers, distributors 
and users of these chemical compounds as identified in Table 1.

     Table 1--Potentially Affected Regulated Categories and Entities
------------------------------------------------------------------------
             Industry group                 SIC \a\        NAICS \b\
------------------------------------------------------------------------
Fire Suppression........................         2899     325998, 423990
Refrigerants............................   2869, 3585
                                              238220,
                                               336111
------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Industry Classification System.

B. How is this preamble organized?

    The information presented in this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. How is this preamble organized?
II. Proposed Action
    A. The EPA's VOC Exemption Policy
    B. Petition to List the Following Compounds as Exempt: 
HCF2OCF2H (HFE 134), 
HCF2OCF2OCF2H (HFE-236cal2), 
HCF2OCF2CF2OCF2H (HFE-
338pcc13), and 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040X and H-Galden ZT 130 (or 150 or 180))
    C. Likelihood of Risk to Human Health or the Environment
    D. Conclusion
III. Public Comments
IV. Final Action
V. Statutory and Executive Orders Reviews
    A. Executive Order 12866: Regulatory Planning and Executive 
Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act
    L. Judicial Review

[[Page 9824]]

II. Proposed Action

A. The EPA's VOC Exemption Policy

    Tropospheric ozone, commonly known as smog, is formed when VOCs and 
nitrogen oxides (NOX) react in the atmosphere in the 
presence of sunlight. Because of the harmful health effects of ozone, 
the EPA and state governments limit the amount of VOCs that can be 
released into the atmosphere. VOCs are those organic compounds of 
carbon which form ozone through atmospheric photochemical reactions. 
Different VOCs have different levels of reactivity. That is, they do 
not react to form ozone at the same speed or do not form ozone to the 
same extent. Some VOCs react slowly or form less ozone; therefore, 
changes in their emissions have limited effects on local or regional 
ozone pollution episodes. It has been the EPA's policy that organic 
compounds with a negligible level of reactivity should be excluded from 
the regulatory VOC definition so as to focus VOC control efforts on 
compounds that do significantly increase ozone concentrations. The EPA 
also believes that exempting such compounds creates an incentive for 
industry to use negligibly reactive compounds in place of more highly 
reactive compounds that are regulated as VOCs. The EPA lists compounds 
that it has determined to be negligibly reactive in its regulations as 
being excluded from the definition of VOC (40 CFR 51.100(s)).
    The CAA requires the regulation of VOCs for various purposes. 
Section 302(s) of the CAA specifies that the EPA has the authority to 
define the meaning of ``VOC,'' and hence what compounds shall be 
treated as VOCs for regulatory purposes. The policy of excluding 
negligibly reactive compounds from the VOC definition was first set 
forth in the ``Recommended Policy on Control of Volatile Organic 
Compounds'' (42 FR 35314, July 8, 1977) and was supplemented most 
recently with the ``Interim Guidance on Control of Volatile Organic 
Compounds in Ozone State Implementation Plans'' (Interim Guidance) (70 
FR 54046, September 13, 2005). The EPA uses the reactivity of ethane as 
the threshold for determining whether a compound has negligible 
reactivity. Compounds that are less reactive than, or equally reactive 
to, ethane under certain assumed conditions may be deemed negligibly 
reactive and therefore suitable for exemption from the regulatory 
definition of VOC. Compounds that are more reactive than ethane 
continue to be considered VOCs for regulatory purposes and therefore 
are subject to control requirements. The selection of ethane as the 
threshold compound was based on a series of smog chamber experiments 
that underlay the 1977 policy.
    The EPA has used three different metrics to compare the reactivity 
of a specific compound to that of ethane: (i) the reaction rate 
constant (known as kOH) with the hydroxyl radical (OH); (ii) 
the maximum incremental reactivity (MIR) on a reactivity per unit mass 
basis; and (iii) the MIR expressed on a reactivity per mole basis. 
Differences between these three metrics are discussed below.
    The kOH is the reaction rate constant of the compound 
with the OH radical in the air. This reaction is typically the first 
step in a series of chemical reactions by which a compound breaks down 
in the air and participates in the ozone-forming process. If this step 
is slow, the compound will likely not form ozone at a very fast rate. 
The kOH values have long been used by the EPA as a metric of 
photochemical reactivity and ozone-forming activity, and they have been 
the basis for most of the EPA's previous exclusions of negligibly 
reactive compounds from the regulatory definition of VOC. The 
kOH metric is inherently a molar-based comparison, i.e., it 
measures the rate at which molecules react.
    The MIR, both by mole and by mass, is a more recently developed 
metric of photochemical reactivity derived from a computer-based 
photochemical model. This metric considers the complete ozone forming 
activity of a compound on a single day, not merely the first reaction 
step. \1\
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    \1\ Further explanation of the MIR metric can be found in: W. P. 
L. Carter, ``Development of Ozone Reactivity Scales for Volatile 
Organic Compositions,'' Journal of the Air & Waste Management 
Association, Vol. 44, 881-899, July 1994.
---------------------------------------------------------------------------

    The MIR values for compounds are typically expressed as grams of 
ozone formed per gram of VOC (mass basis), but may also be expressed as 
grams of ozone formed per mole of VOC (molar basis). For comparing the 
reactivities of two compounds, using the molar-based MIR values 
considers an equal number of molecules of the two compounds. 
Alternatively, using the mass-based MIR values compares an equal mass 
of the two compounds, which will involve different numbers of 
molecules, depending on the relative molecular weights. The molar-based 
MIR comparison is consistent with the original smog chamber experiments 
that underlie the original selection of ethane as the threshold 
compound, in that these experiments compared equal molar concentrations 
of individual VOCs. It is also consistent with previous reactivity 
determinations based on kOH values, which are inherently 
molar-based. By contrast, the mass-based MIR comparison is more 
consistent with how MIR values and other reactivity metrics have been 
applied in reactivity-based emission limits, such as the national VOC 
emissions standards for aerosol coatings (40 CFR part 59 subpart E). 
Many other VOC regulations contain limits based upon a weight of VOC 
per volume of product, such as the EPA's regulations for limiting VOC 
emissions from architectural coatings (40 CFR part 59 subpart D). 
However, the fact that regulations are structured to measure VOC 
content by weight for ease of implementation and enforcement does not 
necessarily control whether VOC exemption decisions should be made on a 
weight basis as well.
    The choice of the molar basis versus the mass basis for the ethane 
comparison can be significant. In some cases, a compound might be 
considered less reactive than ethane under the mass basis but not under 
the molar basis. For compounds with molecular weights higher than that 
of ethane, use of the mass basis results in more VOCs being classified 
as less reactive than ethane than use of the molar basis.

B. Petition To List the Following Compounds as Exempt: 
HCF2OCF2H (HFE 134), 
HCF2OCF2OCF2H (HFE-236cal2), 
HCF2OCF2CF2OCF2H (HFE-
338pcc13), and 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040X and H-Galden ZT 130 (or 150 or 180))

    On February 10, 2005, Solvay Solexis, Incorporated submitted to the 
EPA a petition requesting that four compounds in the family of products 
known by the trade name H-Galden be added to the list of compounds that 
are considered to be negligibly reactive in the definition of VOC at 40 
CFR 51.100(s). These four compounds--HCF2OCF2H 
(HFE-134), HCF2OCF2OCF2H (HFE-
236cal2), HCF2OCF2CF2OCF2H 
(HFE-338pcc13), and 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040X and H-Galden ZT 130 (or 150 or 180))--can be used in 
some heat transfer applications (as refrigerants) and as fire 
suppressants.
    With respect to the photochemical reactivity of the H-Galden 
compounds, Solvay Solexis, Incorporated provided information on the 
photochemical reactivity of its chemical compounds as measured by each 
compound's kOH rate constant. Measurements of the reaction 
rate of HCF2OCF2H (HFE-134) with OH have been 
estimated at 298 K to be 2.3 x10-15 (cm\3\/molecule-sec). 
This rate constant is highly temperature

[[Page 9825]]

dependent and decreases at lower temperatures. The calculated reaction 
rates for the three additional HFPEs as submitted by Solvay Solexis are 
2.4x0-15 (cm\3\/molecule-sec) for HFE-236cal2, 
4.7x0-15 (cm\3\/molecule-sec) for HFE-338pcc13, and 
4.9x0-15 (cm\3\/molecule-sec) for H-Galden 1040X.\2\ The 
kOH values for these four HFPEs are significantly lower than 
the reaction rate for ethane which has a kOH value of 
2.4x0-13 (cm\3\/molecule-sec) at 298 K.
---------------------------------------------------------------------------

    \2\ Although the petition listed H-Galden 1040X as having a 
kOH value of 4.9x0-15 (cm\3\/molecule-sec) and 
the preamble to the proposed rule contained this value, EPA has 
found the actual value to be 4.6x0-15 (cm\3\/molecule-
sec) according to the petitioner's reference (2) in the following 
paragraph.
---------------------------------------------------------------------------

    The scientific information that the petitioner submitted in support 
of the petition has been added to the docket for this rulemaking. This 
docketed information includes journal articles where the rate constant 
values can be found. Solvay Solexis, Incorporated submitted the 
following articles in support of its petition: (1) ``Tropospheric 
Degradation Products of Novel Hydrofluoropolyethers,'' Tuazon, 
Environmental Science & Technology, University of California, 
Riverside, May 1997; (2) ``Hydrofluoropolyethers,'' Marchionni, 
Silvani, Fontana, Malinverno, Visca, Journal of Fluorine Chemistry, 
Ausimont SpA, R & D Centre, 1999; and (3) ``Toxicological Profile of 
Hydrofluoropolyethers,'' Malinverno, Colombo, Visca, Regulatory 
Toxicology and Pharmacology, December, 2004.
    Table 2 summarizes the information provided by the petitioner 
regarding the photochemical reactivity of the compounds under 
consideration. The data submitted by the petitioner support the 
contention that the reactivity of these compounds, with respect to 
reaction with the OH radical in the atmosphere, is lower than that of 
ethane.

           Table 2--Summary of Reaction Rates With OH (kOH) Reaction Rate Constant Compared to Ethane
----------------------------------------------------------------------------------------------------------------
                                                                                                      kOH ratio
           Chemical formula               CAS Number              Name               kOH (cm\3\/     relative to
                                                                                   (molecule-sec))      ethane
----------------------------------------------------------------------------------------------------------------
C2H6..................................         74-84-0  Ethane..................      2.4 x 10-\13\         1.00
HCF2OCF2H.............................       1691-17-4  HFE-134.................      2.3 x 10-\15\         0.01
HCF2OCF2OCF2H.........................      78522-47-1  HFE-236ca12.............      2.4 x 10-\15\         0.01
HCF2OCF2CF2OCF2H......................     188690-78-0  HFE-338pcc13............      4.7 x 10-\15\         0.02
HCF2OCF2OCF2CF2OCF2H..................     188690-77-9  H-Galden 1040X..........      4.6 x 10-\15\         0.02
----------------------------------------------------------------------------------------------------------------
Notes:
1. kOH value for ethane is from: Atkinson, R., Baulch, D. L., Cox, R. A., Crowley, J. N., Hampson, Jr., R. F.,
  Hynes, R. G., Jenkin, M. E., Kerr, J. A., Rossi, M. J., and Troe J. (2006) Evaluated kinetic and photochemical
  data for atmospheric chemistry: Volume II--gas phase reactions of organic species. Atmos. Chem. Phys. 6, 3625-
  4055.
2. kOH values for the four compounds being exempted are from: G. Marchionni, R. Silvani, G. Fontana, G.
  Malinverno, M. Visca, ``Hydrofluoropolyethers.'' Journal of Fluorine Chemistry, 95 (1999) 41-50.

 C. Likelihood of Risk to Human Health or the Environment

    Information in the Solvay Solexis, Incorporated petition and its 
reference material indicates that the four HFPEs have low acute 
toxicity, no irritation or skin sensitization, and no detectable 
genotoxic activity in vitro or in vivo. The HFPEs show a similarly low 
potential for developmental toxicity. This toxicity information has 
been placed in the docket for this rulemaking.
    Because HFPEs do not contain chlorine or bromine, these compounds 
do not contribute to the depletion of the ozone layer and have ozone 
depletion potential values of zero. In both the refrigeration and fire 
suppressant end uses, these HFPEs would be used as substitutes for 
ozone-depleting substances (ODS). All ODS substitutes must undergo 
review by the EPA's Significant New Alternatives Policy (SNAP) Program. 
The SNAP Program is EPA's program to evaluate and regulate substitutes 
for the ozone-depleting chemicals that are being phased out under the 
stratospheric ozone protection provisions of the CAA. In section 612(c) 
of the CAA, the agency is authorized to identify and publish lists of 
acceptable and unacceptable substitutes for class I or class II ozone-
depleting substances.\3\ The EPA's SNAP program has evaluated the use 
of these four H-Galden HFPEs and found acceptable their use as fire 
suppressants in non-residential applications, in place of Halon 1211 
(68 FR 4004, January 27, 2003). However, the SNAP program has not 
approved H-Galden HFPEs for certain other uses (i.e., solvent, aerosol 
propellant, foam blowing, and refrigeration). There currently is no 
submission pending review to list these substances as substitutes in 
other uses. Thus, at this time, it would be a violation of the CAA and 
the SNAP program regulations for any person to introduce H-Galden HFPEs 
into interstate commerce for use in other end uses regulated by the 
SNAP program. H-Galden HFPEs may be used in non-mechanical heat 
transfer as a secondary refrigerant in secondary-loop refrigeration 
systems without approval from SNAP; the EPA does not list, and does not 
currently require notification for, compounds that are used only as a 
secondary fluid in secondary-loop refrigeration systems (62 FR 10702; 
March 10, 1997).
---------------------------------------------------------------------------

    \3\ Information on the SNAP program can be found on the 
following Web page: www.epa.gov/ozone/snap.
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    Table 3 shows the 20 and 100 year global warning potentials (GWPs) 
of these four compounds relative to carbon dioxide (CO2) as 
reported by the Intergovernmental Panel on Climate Change. These GWP-
100 levels are comparable to mid-range levels associated with some 
chemical compounds that have previously been exempted from the VOC 
definition, which range from 23 to 12,000. In the January 27, 2003, 
SNAP rule, the EPA noted that despite their relatively high GWP values, 
the use of H Galden HFPEs was anticipated to have a smaller to 
comparable impact on global warming than the hydrofluorocarbons 
historically used in the same fire suppression application. Overall, 
the EPA concluded that H Galden HFPEs reduce risk compared to halon 
1211, the ODS they replace.

[[Page 9826]]

Table 3--Summary of Global Warming Potentials Relative to CO2 Over 20 and 100 Years for the Four Compounds Being
                                         Considered for VOC Exemptions.
----------------------------------------------------------------------------------------------------------------
                                                                                   GWP  relative   GWP  relative
           Chemical formula               CAS Number              Name              to CO2 (20      to CO2 (100
                                                                                     years)\1\        years)
----------------------------------------------------------------------------------------------------------------
HCF2OCF2H.............................       1691-17-4  HFE-134.................           12200            6320
HCF2OCF2OCF2H.........................      78522-47-1  HFE-236ca12.............            8000            2800
HCF2OCF2CF2OCF2H......................     188690-78-0  HFE-338pcc13............            5100            1500
2OCF2OCF2CF2OCF2H.....................     188690-77-9  H-Galden 1040X..........            6320            1870
CO2...................................        124-38-9  Carbon dioxide..........               1               1
----------------------------------------------------------------------------------------------------------------
Note:
1. Forster, P., V. Ramaswamy, P. Artaxo, T. Berntsen, R. Betts, D.W. Fahey, J. Haywood, J. Lean, DC Lowe, G.
  Myhre, J. Nganga, R. Prinn, G. Raga, M. Schulz and R. Van Dorland, 2007: Changes in Atmospheric Constituents
  and in Radiative Forcing. In: Climate Change 2007: The Physical Science Basis. Contribution of Working Group I
  to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M.
  Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.)]. Cambridge University Press,
  Cambridge, United Kingdom and New York, NY, USA.

    Having considered the available information on the likelihood of 
risk to human health or the environment from increased use of the 
chemicals considered here, we believe that current regulation of these 
compounds under other EPA programs adequately protects human health and 
the environment.

D. Conclusion

    For all four compounds, the EPA proposed that (a) these chemicals 
qualify as negligibly reactive with respect to their contribution to 
tropospheric ozone formation, and (b) any non-tropospheric ozone-
related risks associated with potential increased use are adequately 
addressed by other existing programs and policies.

III. Public Comments

    We received no comments from the public.

IV. Final Action

    The EPA is amending its definition of VOC at 40 CFR 51.100(s) to 
exclude a group of four HFPE's identified as 
HCF2OCF2H (known as HFE-134), 
HCF2OCF2OCF2H (known as HFE-236cal2), 
HCF2OCF2CF2OCF2H (known as 
HFE-338pcc13), and 
HCF2OCF2OCF2CF2OCF2
H (known as H-Galden 1040X and also H-Galden ZT 130 (or 150 or 180)) as 
VOCs for ozone state implementation plans (SIP) and ozone control 
purposes. Consistent with the Interim Guidance, the EPA's final action 
on the petition is based on a consideration of the contribution that 
each chemical makes to tropospheric ozone formation based on a 
comparison of reactivity metrics and on our assessment that existing 
programs or policies already adequately address the possibility that 
granting the petition would pose a significant risk to human health or 
the environment.
    If an entity uses or produces any of these four HFPE compounds and 
is subject to the EPA regulations limiting the use of VOC in a product, 
limiting the VOC emissions from a facility, or otherwise controlling 
the use of VOC for purposes related to attaining the ozone NAAQS, then 
the compound will not be counted as a VOC in determining whether these 
regulatory obligations have been met. Emissions of this compound will 
not be considered in determining whether a proposed new or modified 
source triggers the applicability of Prevention of Significant 
Deterioration (PSD) requirements, in areas where the PSD program is 
implemented by the EPA or a delegated state, local or tribal agency. 
This action may also affect whether any of these four HFPE compounds 
are considered as VOCs for state regulatory purposes to reduce ozone 
formation, if a state relies on the EPA's definition of VOC. States are 
not obligated to exclude from control as a VOC those compounds that the 
EPA has found to be negligibly reactive. However, states may not take 
credit for controlling these compounds in their ozone control 
strategies.
    The EPA is also amending its definition of VOC at 40 CFR 51.100(s) 
to make for clarity technical corrections to the current list of exempt 
compounds at 40 CFR 51.100(s)(1) by replacing several commas separating 
individual compounds with semicolons and by removing the erroneous 
``(1)'' notation in ``(1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane (HFE-7300)'' so that it reads 
``1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane 
(HFE-7300).''

V. Statutory and Executive Orders Reviews

A. Executive Orders 12866: Regulatory Planning and Executive Order 
13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993), and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. 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. 
Burden is defined at 5 CFR 1320.3(b). It does not contain any 
recordkeeping or reporting requirements.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
final rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions. For purposes 
of assessing the impacts of this final rule on small entities, small 
entity is defined as: (1) A small business that is a small industrial 
entity as defined in the U.S. Small Business Administration (SBA) size 
standards. (See 13 CFR 121.); (2) A governmental jurisdiction that is a 
government of a city, county, town, school district, or special 
district with a population of less than 50,000; and (3) A small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will not impose any requirements on small entities.

[[Page 9827]]

D. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any state, local or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This final action addresses the 
exemption of a set of chemical compounds from the VOC definition. Thus, 
Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have 
substantial direct effects on tribal governments, on the relationship 
between the federal government and Indian Tribes, or on the 
distribution of power and responsibilities between the federal 
government and Indian Tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in EO 12866. This action's health and risk assessments are contained in 
section II.C. of this preamble and within the docket for this 
rulemaking. While this final rule is not subject to the Executive 
Order, the EPA has reason to believe that ozone has a disproportionate 
effect on active children who play outdoors (62 FR 38856-38859, July 
18, 1997). The EPA has not identified any specific studies on whether 
or to what extent the chemical compound may affect children's health.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d), (15 U.S.C. 
272 note) directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs the 
EPA to provide Congress, through OMB, with explanations when the agency 
decides not to use available and applicable voluntary consensus 
standards. This final rulemaking does not involve technical standards. 
Therefore, the EPA is not considering the use of any voluntary 
consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of Congress and to the Comptroller General of the United 
States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on March 14, 2013.

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the District of Columbia Circuit Court within 60 days from the date the 
final action is published in the Federal Register. Filing a petition 
for review by the Administrator of this final action does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review 
must be final, and shall not postpone the effectiveness of such action. 
Thus, any petitions for review of this action related to the exemption 
of HCF2OCF2H (known as HFE-134), 
HCF2OCF2OCF2H (known as HFE-236cal2), 
HCF2OCF2CF2OCF2H (known as 
HFE-338pcc13), and 
HCF2OCF2OCF2CF2OCF2
H (known as H-Galden 1040X and also H-Galden ZT 130 (or 150 or 180)) 
from the definition of VOC must be filed in the Court of Appeals for 
the District of Columbia Circuit within 60 days from the date final 
action is published in the Federal Register.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: February 4, 2013.
Lisa P. Jackson,
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:

[[Page 9828]]

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

     Authority:  42 U.S.C. 7401, 7411, 7412, 7413, 7414, 7470-7479, 
7501-7508, 7601, and 7602.

Sec.  51.100--[Amended]  

0
2. Section 51.100 is amended at the end of paragraph (s)(1) 
introductory text by removing the words ``methyl acetate, 
1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE-7000), 3-
ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane 
(HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea), methyl 
formate (HCOOCH3), (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl 
carbonate; trans-1,3,3,3-tetrafluoropropene; and perfluorocarbon 
compounds which fall into these classes:'' and adding in their place 
the words ``methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane 
(n-C3F7OCH3, HFE-7000); 3-ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-
2-(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane 
(HFC 227ea); methyl formate (HCOOCH3); 1,1,1,2,2,3,4,5,5,5-decafluoro-
3-methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; 
dimethyl carbonate; trans-1,3,3,3-tetrafluoropropene; 
HCF2OCF2H (HFE-134); 
HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2OCF2H (HFE-
338pcc13); 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); and 
perfluorocarbon compounds which fall into these classes:''.

[FR Doc. 2013-03057 Filed 2-11-13; 8:45 am]
BILLING CODE 6560-50-P
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