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[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Proposed Rules]
[Pages 12583-12586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6653]

[[Page 12583]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-5710-7]
RIN 2060-AG70

Air Quality: Revision to Definition of Volatile Organic 
Compounds--Exclusion of 16 Compounds

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 16 compounds (shown in Table 3) 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 extinguishers, blowing agents and solvents. 
Several of these compounds may be used as alternatives to 
chlorofluorocarbons (CFC's) which are being phased out of production as 
stratospheric ozone depleters.

DATES: Comments on this proposal must be received by April 16, 1997. 
Requests for a hearing must be submitted by April 16, 1997.

ADDRESSES: Comments should be submitted in duplicate (if possible) to: 
Air and Radiation Docket and Information Center (6102), Attention: 
Docket No. A-96-36, 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 
Management 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-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 Management 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.

------------------------------------------------------------------------
               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. To determine whether 
your organization is regulated by this action, you should carefully 
examine the applicability criteria in Sec. 51.100 of title 40 of the 
Code of Federal Regulations. 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 submitted to the EPA a petition 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. They may be either intermediates or 
unintentional byproducts resulting from the manufacture of other 
compounds. The petition points out that the use of HCFC and HFC 
compounds can be substituted for CFC's and can thereby reduce potential 
chlorine effects on stratospheric ozone.

 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 for Responsible 
Atmospheric Policy 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 compounds under consideration are listed in 
Table 2 along with their reported kOH rate constants. 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

[[Page 12584]]

journal articles where the rate constant values are published.

              Table 2.--Reaction Rate Constants With OH Radical Reported Rate Constant at 25 deg.C              
----------------------------------------------------------------------------------------------------------------
              Compound                              cm\3\/molecule/sec                        CAS number        
----------------------------------------------------------------------------------------------------------------
Ethane.............................  2.4  x  10-13                                                              
HFC-32.............................  1.0  x  10-14                                    75-10-5                   
HFC-161............................  17  x  10-14                                     353-36-6                  
HFC-236fa..........................  0.034  x  10-14                                  690-39-2                  
HFC-245ca..........................  0.91  x  10-14                                   679-86-7                  
HFC-245ea..........................  1.6  x  10-14                                                              
HFC-245eb..........................  1.5  x  10-14                                    431-31-2                  
HFC-245fa..........................  0.66  x  10-14                                   690-39-1                  
HFC-236ea..........................  0.66  x  10-14                                   431-63-0                  
HFC-365mfc.........................  0.87  x  10-14                                   406-58-6                  
HCFC-31............................  4.5  x  10-14                                    593-70-4                  
HCFC-123a..........................  1.23  x  10-14                                   354-23-4                  
HCFC-150a..........................  2.6  x  10-13                                    75-34-3                   
HCFC-151a..........................  6.9  x  10-14                                    1615-75-4                 
C4F9OCH3...........................  1.4  x  10-14                                    163702-07-6               
(CF3)2CFCF2OCH3....................  1.4  x  10-14                                    163702-08-7               
C4F9OC2H5..........................  6.4  x  10-14                                    163702-05-4               
(CF3)2CFCF2OC2H5...................  6.4  x  10-14                                    163702-06-5               
----------------------------------------------------------------------------------------------------------------

II. The EPA Response to the Petitions

    For the petition submitted by the Alliance for Responsible 
Atmospheric Policy, 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 lower than that of 
ethane.
    In the petition, the petitioner did not submit reactivity data with 
respect to other VOC loss reactions (such as reaction with O-atoms, 
nitrogen trioxide (NO3)-radicals, and ozone (O3), and for 
photolysis). However, there is ample evidence in the literature that 
halogenated paraffinic VOC, such as the compounds listed above, do not 
participate in such reactions significantly.
    The information submitted by the petitioner for HCFC-150a does not 
justify the petitioners request that this compound be declared 
``negligibly reactive.'' The reactivity of HCFC-150a with respect to 
reaction with OH is higher than that of ethane (i.e., 26  x  10-14 
cm3 molecule-1 s-1 vs. 24  x  10-14 cm3 
molecule-1 s-1, for reaction rate constants). This suggests, 
but in the absence of detailed information on the atmospheric chemistry 
of HCFC-150a does not prove, a higher ozone-forming reactivity. In the 
cases of such VOC species, for which conclusive scientific evidence is 
not available, the EPA policy has been to assume the VOC species to 
have significant ozone-forming reactivity unless and until additional 
specific evidence is produced that attests the contrary position. At 
this time, therefore, a ``negligibly reactive'' rating for HCFC-150a 
cannot be justified.
    The EPA is responding to the petition by proposing in this notice 
to add the compounds in Table 3 to the list of compounds appearing in 
40 CFR 51.100(s).

   Table 3.--Compounds Proposed to be Added to the List of Negligibly   
                           Reactive Compounds                           
------------------------------------------------------------------------
                Compound                     Chemical name or formula   
------------------------------------------------------------------------
HFC-32.................................  Difluoromethane.               
HFC-161................................  Ethylfluoride.                 
HFC-236fa..............................  1,1,1,3,3,3-hexafluoropropane. 
HFC-245ca..............................  1,1,2,2,3-pentafluoropentane.  
HFC-245ea..............................  1,1,2,3,3-pentafluoropropane.  
HFC-245eb..............................  1,1,1,3,4-pentafluoropentane.  
HFC-245fa..............................  1,1,1,3,3-pentafluoropentane.  
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-
                                          methoxy-butane.               
(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.             
(CF3)2CFCF2OC2H5.......................  2-(ethoxydifluoromethyl)-      
                                          1,1,1,2,3,3,3-                
                                          heptafluoropropane.           
------------------------------------------------------------------------

III. Proposed Action

    Today's proposed action is based on EPA's review of the material in 
Docket No. A-96-36. The EPA hereby proposes to amend its definition of 
VOC at 40 CFR 51.100(s) to exclude the compounds in Table 3 as VOC for 
ozone SIP and ozone control purposes. The revised definition will also 
apply in Federal Implementation Plans for ozone nonattainment areas 
pursuant to the 40 CFR 52.741(a)(3) definition of volatile organic 
material or VOC. States are not obligated to exclude from control as a

[[Page 12585]]

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.

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 
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

    Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded 
Mandates Act) (signed into law on March 22, 1995) requires that the 
Agency prepare a budgetary impact statement before promulgating a rule 
that includes a Federal mandate that may result in expenditure by 
State, local, and tribal governments, in aggregate, or by the private 
sector of $100 million or more in any 1 year. Section 204 requires the 
Agency to establish a plan for obtaining input from and informing, 
educating, and advising any small governments that may be significantly 
or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the Agency must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The Agency must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the Agency explains why 
this alternative is not selected or the selection of this alternative 
is inconsistent with law.
    Since this proposed rule is deregulatory in nature and does not 
impose a mandate upon any source, this rule is not estimated to result 
in the expenditure by State, local and tribal governments or the 
private sector of $100 million in any 1 year. Therefore, the Agency has 
not prepared a budgetary impact statement or specifically addressed the 
selection of the least costly, most cost-effective, or least burdensome 
alternative. Because small governments will not be significantly or 
uniquely affected by this rule, the Agency is not required to develop a 
plan with regard to small governments.

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 an impact on 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 of 1980, 
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.

    Dated: March 10, 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 continues to read as follows:

    Authority: 42 U.S.C. 7401-7641q.

    2. Section 51.100 is proposed to be amended by revising 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; 3,3-

[[Page 12586]]

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-pentafluoropentane (HFC-245ca); 1,1,2,3,3-pentafluoropropane 
(HFC-245ea); 1,1,1,3,4-pentafluoropentane (HFC-245eb); 1,1,1,3,3-
pentafluoropentane (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. 97-6653 Filed 3-14-97; 8:45 am]
BILLING CODE: 6560-50-P
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