25170 Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Proposed Rules 

TABLE 3 TO PARAGRAPH (e)— 

Continued 

Age Male Female 

15 ...................... 0.00012 0.00006 

16 ...................... 0.00015 0.00006 

17 ...................... 0.00017 0.00007 

18 ...................... 0.00020 0.00007 

19 ...................... 0.00024 0.00007 

20 ...................... 0.00026 0.00007 

21 ...................... 0.00026 0.00007 

22 ...................... 0.00027 0.00008 

23 ...................... 0.00027 0.00009 

24 ...................... 0.00028 0.00010 

25 ...................... 0.00029 0.00010 

26 ...................... 0.00030 0.00011 

27 ...................... 0.00032 0.00012 

28 ...................... 0.00033 0.00012 

29 ...................... 0.00035 0.00013 

30 ...................... 0.00037 0.00014 

31 ...................... 0.00038 0.00015 

32 ...................... 0.00040 0.00016 

33 ...................... 0.00043 0.00018 

34 ...................... 0.00045 0.00018 

35 ...................... 0.00048 0.00020 

36 ...................... 0.00051 0.00022 

37 ...................... 0.00053 0.00024 

38 ...................... 0.00055 0.00026 

39 ...................... 0.00058 0.00028 

40 ...................... 0.00059 0.00029 

41 ...................... 0.00061 0.00031 

42 ...................... 0.00063 0.00033 

43 ...................... 0.00065 0.00035 

44 ...................... 0.00067 0.00037 

45 ...................... 0.00069 0.00039 

46 ...................... 0.00073 0.00042 

47 ...................... 0.00078 0.00046 

48 ...................... 0.00083 0.00049 

49 ...................... 0.00088 0.00053 

50 ...................... 0.00097 0.00059 

51 ...................... 0.00106 0.00065 

52 ...................... 0.00118 0.00074 

53 ...................... 0.00132 0.00084 

54 ...................... 0.00148 0.00094 

55 ...................... 0.00176 0.00113 

56 ...................... 0.00217 0.00140 

57 ...................... 0.00254 0.00161 

58 ...................... 0.00296 0.00188 

59 ...................... 0.00342 0.00218 

60 ...................... 0.00396 0.00254 

61 ...................... 0.00456 0.00294 

62 ...................... 0.00539 0.00354 

63 ...................... 0.00623 0.00418 

64 ...................... 0.00693 0.00476 

65 ...................... 0.00779 0.00555 

66 ...................... 0.00874 0.00640 

67 ...................... 0.00972 0.00717 

68 ...................... 0.01081 0.00798 

69 ...................... 0.01201 0.00893 

70 ...................... 0.01337 0.01002 

71 ...................... 0.01490 0.01130 

72 ...................... 0.01663 0.01276 

73 ...................... 0.01858 0.01442 

74 ...................... 0.02081 0.01636 

75 ...................... 0.02336 0.01858 

76 ...................... 0.02629 0.02115 

77 ...................... 0.02966 0.02406 

78 ...................... 0.03353 0.02736 

79 ...................... 0.03796 0.03106 

80 ...................... 0.04313 0.03557 

81 ...................... 0.04868 0.04000 

82 ...................... 0.05503 0.04498 

83 ...................... 0.06223 0.05058 

84 ...................... 0.07040 0.05694 

85 ...................... 0.07967 0.06416 

TABLE 3 TO PARAGRAPH (e)— 

Continued 

Age Male Female 

86 ...................... 0.09014 0.07229 

87 ...................... 0.10191 0.08147 

88 ...................... 0.11507 0.09197 

89 ...................... 0.12960 0.10372 

90 ...................... 0.14540 0.11681 

91 ...................... 0.16201 0.13032 

92 ...................... 0.17900 0.14437 

93 ...................... 0.19623 0.15892 

94 ...................... 0.21351 0.17370 

95 ...................... 0.23063 0.18881 

96 ...................... 0.24879 0.20508 

97 ...................... 0.26725 0.22194 

98 ...................... 0.28591 0.23947 

99 ...................... 0.30502 0.25760 

100 .................... 0.32431 0.27640 

101 .................... 0.34372 0.29564 

102 .................... 0.36307 0.31511 

103 .................... 0.38223 0.33471 

104 .................... 0.40097 0.35426 

105 .................... 0.41863 0.37356 

106 .................... 0.43581 0.39243 

107 .................... 0.45234 0.41085 

108 .................... 0.46796 0.42844 

109 .................... 0.48288 0.44529 

110 .................... 0.49240 0.46134 

111 .................... 0.49374 0.47665 

112 .................... 0.49507 0.49112 

113 .................... 0.49651 0.49746 

114 .................... 0.49795 0.49840 

115 .................... 0.49930 0.49950 

116 .................... 0.49960 0.49975 

117 .................... 0.49980 0.49985 

118 .................... 0.49995 0.50000 

119 .................... 0.50000 0.50000 

120 .................... 1.00000 1.00000 

(f) Applicability date. This section 

applies for plan years beginning on or 

after January 1, 2023. 

■ Par. 3. Section 1.431(c)(6)–1 is revised 

to read as follows: 

§ 1.431(c)(6)–1 Mortality tables used to 

determine current liability. 

(a) Mortality tables used to determine 

current liability. In accordance with 

section 431(c)(6)(D), the mortality 

assumptions that apply to a singleemployer defined benefit plan for the 

plan year pursuant to sections 

430(h)(3)(A) and 430(h)(3)(D) and 

§§ 1.430(h)(3)–1(a)(1) and (a)(2)(ii) are 

used to determine a multiemployer 

plan’s current liability for purposes of 

applying the rules of section 431(c)(6). 

For purposes of this paragraph (a), 

either the generational mortality tables 

used pursuant to § 1.430(h)(3)–1(b) or 

the static mortality tables used pursuant 

to § 1.430(h)(3)–1(c) are permitted to be 

used without regard to whether the plan 

is a small plan. However, substitute 

mortality tables under §§ 1.430(h)(3)– 

1(a)(2)(i) and 1.430(h)(3)–2 are not 

permitted to be used for purposes of this 

paragraph (a). 

(b) Applicability date. This section 

applies for plan years beginning on or 

after January 1, 2023. 

■ Par. 4. Section 1.433(h)(3)–1 is 

revised to read as follows: 

§ 1.433(h)(3)–1 Mortality tables used to 

determine current liability. 

(a) Mortality tables used to determine 

current liability. In accordance with 

section 433(h)(3)(B), the mortality 

assumptions that apply to a singleemployer defined benefit plan for the 

plan year pursuant to sections 

430(h)(3)(A) and 430(h)(3)(D) and 

§§ 1.430(h)(3)–1(a)(1) and (a)(2)(ii) are 

used to determine a cooperative and 

small-employer charity (CSEC) plan’s 

current liability under section 433(h). 

For purposes of this paragraph (a), 

either the generational mortality tables 

used pursuant to § 1.430(h)(3)–1(b) or 

the static mortality tables used pursuant 

to § 1.430(h)(3)–1(c) are permitted to be 

used without regard to whether the plan 

is a small plan. However, substitute 

mortality tables under §§ 1.430(h)(3)– 

1(a)(2)(i) and 1.430(h)(3)–2 are not 

permitted to be used for purposes of this 

paragraph (a). 

(b) Applicability date. This section 

applies for plan years beginning on or 

after January 1, 2023. 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2022–06330 Filed 4–27–22; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2021–0420; FRL–8371–02– 

OAR] 

RIN 2060–AV24 

Air Quality: Revision to the Regulatory 

Definition of Volatile Organic 

Compounds—Exclusion of (2E)- 

1,1,1,4,4,4-hexafluorobut-2-ene (HFO1336mzz(E)) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is proposing to 

revise the EPA’s regulatory definition of 

volatile organic compounds (VOC) 

under the Clean Air Act (CAA). This 

action proposes to add (2E)-1,1,1,4,4,4- 

hexafluorobut-2-ene (also known as 

trans-1,1,1,4,4,4-hexafluorobut-2-ene, 

and HFO-1336mzz(E); CAS number 

66711–86–2) to the list of compounds 


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Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Proposed Rules 25171 

excluded from the regulatory definition 

on the basis that this compound makes 

a negligible contribution to tropospheric 

ozone (O3) formation. 

DATES: Comments must be received on 

or before June 27, 2022. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2021–0420, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket No. EPA–HQ–OAR–2021–0420, 

Office of Air and Radiation Docket, Mail 

Code 28221T, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460. 

• Hand Delivery or Courier (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Out of an abundance of 

caution for members of the public and 

our staff, the EPA Docket Center and 

Reading Room are open to the public by 

appointment only to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff also continues to provide 

remote customer service via email, 

phone, and webform. Hand deliveries 

and couriers may be received by 

scheduled appointment only. For 

further information on EPA Docket 

Center services and the current status, 

please visit us online at https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Souad Benromdhane, Office of Air 

Quality Planning and Standards, Health 

and Environmental Impacts Division, 

Mail Code C539–07, Environmental 

Protection Agency, Research Triangle 

Park, NC 27711; telephone: (919) 541– 

4359; fax number: (919) 541–5315; 

email address: benromdhane.souad@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

General Information 

Written comments: Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2021–0420, at https://

www.regulations.gov (our preferred 

method), or the other methods 

identified in the ADDRESSES section. 

Once submitted, comments cannot be 

edited or removed from the docket. The 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

Due to public health concerns related 

to COVID–19, the EPA Docket Center 

and Reading Room are open to the 

public by appointment only. Our Docket 

Center staff also continues to provide 

remote customer service via email, 

phone, and webform. Hand deliveries or 

couriers will be received by scheduled 

appointment only. For further 

information and updates on EPA Docket 

Center services, please visit us online at 

https://www.epa.gov/dockets. 

The EPA continues to monitor 

information carefully and continuously 

from the Centers for Disease Control and 

Prevention (CDC), local area health 

departments, and our Federal partners 

so that we can respond rapidly as 

conditions change regarding COVID–19. 

Table of Contents 

I. Does this action apply to me? 

II. Background 

A. The EPA’s VOC Exemption Policy 

B. Petition To List HFO-1336mzz(E) as an 

Exempt Compound 

III. The EPA’s Assessment of the Petition 

A. Contribution to Tropospheric Ozone 

Formation 

B. Potential Impacts on Other 

Environmental Endpoints 

1. Contribution to Stratospheric Ozone 

Depletion 

2. Toxicity 

3. Contribution to Climate Change 

C. Conclusions 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

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 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Judicial Review 

VI. References 

I. Does this action apply to me? 

Entities potentially affected by this 

proposed rule include, but are not 

necessarily limited to, the following: 

State and local air pollution control 

agencies that adopt and implement 

regulations to control air emissions of 

VOC; and industries manufacturing 

and/or using HFO-1336mzz(E) for use in 

foam blowing, refrigeration, as well as 

applications in solvents and aerosol 

propellants, and other minor uses. 

Potential entities that may be affected by 

this action include the following: 

TABLE 1—POTENTIALLY AFFECTED ENTITIES BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE

Category NAICS code Description of regulated entities 

Industry ...................................... 325120 Industrial Gas Manufacturing. 

Industry ...................................... 333242 Semiconductor Machinery Manufacturing. 

Industry ...................................... 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing. 

Industry ...................................... 326140 Polystyrene Foam Product Manufacturing. 

Industry ...................................... 326150 Urethane and Other Foam Product (except Polystyrene) Manufacturing. 


jspears on DSK121TN23PROD with PROPOSALS1
25172 Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Proposed Rules 

1 Interim Guidance on Control of Volatile Organic 

Compounds in Ozone State Implementation Plans, 

2005, US Environmental Protection Agency, 

Document # 05–18015 (70 FR 54046). And could be 

found at this link: https://www.govinfo.gov/content/ 

pkg/FR-2005-09-13/pdf/05-18015.pdf. 

TABLE 1—POTENTIALLY AFFECTED ENTITIES BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE— 

Continued 

Category NAICS code Description of regulated entities 

Industry ...................................... 333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration 

Equipment Manufacturing. 

Industry ...................................... 3363 Motor Vehicle Parts Manufacturing. 

Industry ...................................... 336611 Ship Building and Repairing. 

Industry ...................................... 336612 Boat Building. 

Industry ...................................... 339999 All other Miscellaneous Manufacturing. 

This table is not intended to be 

exhaustive but rather provides a guide 

for readers regarding entities that might 

be affected by this deregulatory action. 

This table lists the types of entities that 

the EPA is now aware of that could 

potentially be affected to some extent by 

this action. Other types of entities not 

listed in the table could also be affected 

to some extent. To determine whether 

your entity is directly or indirectly 

affected by this action, you should 

consult your state or local air pollution 

control and/or air quality management 

agencies. 

II. Background 

A. The EPA’s VOC Exemption Policy 

Tropospheric O3, commonly known 

as smog, is formed when VOC and 

nitrogen oxides (NOX) react in the 

atmosphere in the presence of sunlight. 

Because of the harmful health effects of 

O3, the EPA and state governments limit 

the amount of VOC that can be released 

into the atmosphere. Volatile organic 

compounds form O3 through 

atmospheric photochemical reactions, 

and different VOC have different levels 

of reactivity. That is, different VOC do 

not react to form O3 at the same speed 

or form different amounts of O3. Some 

VOC react more slowly or form less O3; 

therefore, changes in their emissions 

have limited effects on local or regional 

O3 pollution episodes. It has been the 

EPA’s policy since 1971 that certain 

organic compounds with a negligible 

level of reactivity should be excluded 

from the regulatory definition of VOC to 

focus VOC control efforts on 

compounds that significantly affect O3

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 VOC. The EPA lists 

compounds that it has determined to be 

negligibly reactive in its regulations as 

being excluded from the regulatory 

definition of VOC (40 CFR 51.100(s)). 

The CAA requires the regulation of 

VOC 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 VOC for regulatory 

purposes. The policy of excluding 

negligibly reactive compounds from the 

regulatory definition of VOC was first 

laid out in the ‘‘Recommended Policy 

on Control of Volatile Organic 

Compounds’’ (42 FR 35314, July 8, 

1977) (‘‘1977 Recommended Policy’’) 

and was supplemented subsequently 

with the ‘‘Interim Guidance on Control 

of Volatile Organic Compounds in 

Ozone State Implementation Plans’’ (70 

FR 54046, September 13, 2005) (‘‘2005 

Interim Guidance’’). 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 VOC 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 

Recommended Policy. 

The EPA has used three different 

metrics to compare the reactivity of a 

specific compound to that of ethane: (i) 

The rate constant for reaction with the 

hydroxyl radical (OH) (known as kOH); 

(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 rate constant of the 

reaction of the compound with the OH 

radical in the air. This reaction is often, 

but not always, the first and ratelimiting step in a series of chemical 

reactions by which a compound breaks 

down in the air and contributes to O3

formation. If this step is slow, the 

compound will likely not form O3 at a 

very fast rate. The kOH values have long 

been used by the EPA as metrics of 

photochemical reactivity and O3- 

forming activity, and they were the basis 

for most of the EPA’s early exemptions 

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 updated metric of 

photochemical reactivity derived from a 

computer-based photochemical model, 

and it has been used as a metric of 

reactivity since 1995. This metric 

considers the complete O3-forming 

activity of a compound over multiple 

hours and through multiple reaction 

pathways, not merely the first reaction 

step with OH. Further explanation of 

the MIR metric can be found in Carter 

(1994). 

The EPA has considered the choice 

between MIRs with a molar or mass 

basis for the comparison to ethane in 

past rulemakings and guidance. In the 

2005 Interim Guidance, the EPA stated: 

[A] comparison to ethane on a mass basis 

strikes the right balance between a threshold 

that is low enough to capture compounds 

that significantly affect ozone concentrations 

and a threshold that is high enough to 

exempt some compounds that may usefully 

substitute for more highly reactive 

compounds. 

When reviewing compounds that have 

been suggested for VOC-exempt status, EPA 

will continue to compare them to ethane 

using kOH expressed on a molar basis and 

MIR values expressed on a mass basis.1

The 2005 Interim Guidance notes that 

the EPA will consider a compound to be 

negligibly reactive if it is equally as or 

less reactive than ethane based on either 

kOH expressed on a molar basis or MIR 

values expressed on a mass basis (70 FR 

54046). 

The molar comparison of MIR is more 

consistent with the original smog 

chamber experiments, which compared 

equal molar concentrations of 

individual VOC, supporting the 

selection of ethane as the threshold, 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Proposed Rules 25173 

2WMO, 2018. World Meteorological 

Organization, Scientific Assessment of Ozone 

Depletion: 2018, Global Ozone Research and 

Monitoring Project—Report No. 58, 588 pp., 

Geneva, Switzerland, 2018. Available online at: 

https://ozone.unep.org/sites/default/files/2019-05/ 

SAP-2018-Assessment-report.pdf. 

while the mass-based comparison of 

MIR is consistent with how MIR values 

and other reactivity metrics are applied 

in reactivity-based emission limits. It is, 

however, important to note that the 

mass-based comparison is less 

restrictive than the molar-based 

comparison in that more compounds 

would qualify as negligibly reactive. 

Given the two goals of the exemption 

policy articulated in the 2005 Interim 

Guidance, the EPA believes that ethane 

continues to be an appropriate threshold 

for defining negligible reactivity. And, 

to encourage the use of environmentally 

beneficial substitutions, the EPA 

believes that a comparison to ethane on 

a mass basis strikes the right balance 

between a threshold that is low enough 

to capture compounds that significantly 

affect O3 concentrations and a threshold 

that is high enough to exempt some 

compounds that may usefully substitute 

for more highly reactive compounds. 

The 2005 Interim Guidance also noted 

that concerns have sometimes been 

raised about the potential impact of a 

VOC exemption on environmental 

endpoints other than O3 concentrations, 

including fine particle formation, air 

toxics exposures, stratospheric O3

depletion, and climate change. The EPA 

has recognized, however, that there are 

existing regulatory or non-regulatory 

programs that are specifically designed 

to address these issues, and the EPA 

continues to believe in general that the 

impacts of VOC exemptions on 

environmental endpoints other than O3

formation can be adequately addressed 

by these programs. The VOC exemption 

policy is intended to facilitate 

attainment of the O3 National Ambient 

Air Quality Standards (NAAQS), and 

VOC exemption decisions will continue 

to be based primarily on consideration 

of a compound’s contribution to O3

formation. However, if the EPA 

determines that a particular VOC 

exemption is likely to result in a 

significant increase in the use of a 

compound and that the increased use 

would pose a significant risk to human 

health or the environment that would 

not be addressed adequately by existing 

programs or policies, then the EPA may 

exercise its judgment accordingly in 

deciding whether to grant an exemption. 

B. Petition To List HFO-1336mzz(E) as 

an Exempt Compound 

The Chemours Company submitted a 

petition to the EPA on November 30, 

2016, requesting that (2E)-1,1,1,4,4,4- 

hexafluorobut-2-ene (HFO-1336mzz(E); 

CAS number 66711–86–2) be exempted 

from the regulatory definition of VOC. 

The petition was based on the argument 

that HFO-1336mzz(E) has low reactivity 

(i.e., 0.011 g of O3/g of HFO1336mzz(E)) relative to the MIR of 

ethane (0.28 g O3/g). The petitioner 

indicated that HFO-1336mzz(E) may be 

used in a variety of applications in foam 

expansion or blowing agents where it 

has significant performance and energysaving advantages. Chemours has 

developed HFO-1336mzz(E) to support 

reductions in emissions of greenhouse 

gases (GHGs). The global warming 

potentials GWP for HFO-1336mzz(E) are 

estimated as 26, 7, and 2 for time 

horizons of 20, 100, and 500 years, 

respectively as estimated by (Osterstrom 

et al., 2017). The World Meteorological 

Organization provided a 100-year GWP 

of 16 in its scientific assessment of O3

depletion under the global ozone 

research and monitoring project.2

Hence, HFO-1336mzz(E) can serve as a 

replacement for several higher global 

warming potential (>700 GWP) 

compounds for use in polyurethane 

rigid insulating foams, among others, 

many of which were removed from 

Significant New Alternatives Policy 

(SNAP) acceptable lists beginning on 

January 1, 2017, or January 1, 2020. The 

Petitioner stated that manufacturers and 

formulators of polyurethane foams and 

refrigeration equipment need access to 

HFO-1336mzz(E) to meet VOC limits on 

their products without impairing 

performance. 

To support its petition, Chemours 

referenced several documents, including 

one peer-reviewed journal article on 

HFO-1336mzz(E) reaction rates 

(Osterstrom et al., 2017). Chemours also 

provided a supplemental technical 

report on the MIR of HFO-1336mzz(E) 

(Carter, 2011a). Per this report, the MIR 

of HFO-1336mzz(E) is 0.011 g O3/g 

HFO-1336mzz(E) on the mass-based 

MIR scale. This reactivity rate is much 

lower than that of ethane (0.28 g O3/g 

ethane). The reactivity rate kOH for the 

gas-phase reaction of OH radicals with 

HFO-1336mzz(E) (kOH) has been 

measured to be 1.72 ± 0.42 × 10¥13

centimeter (cm)3/molecule-seconds at 

∼300 degrees Kelvin (K) (Osterstrom et 

al., 2017). This kOH rate is lower than 

that of ethane (kOH of ethane = 2.4 × 

10¥13 cm3/molecule-sec at ∼298 K) even 

when uncertainty is considered and, 

therefore, suggests that HFO-1336mzz(E) 

is less or equally reactive than ethane. 

In most cases, chemicals with high kOH

values also have high MIR values, but 

for HFO-1336mzz(E), the products that 

are formed in subsequent reactions are 

expected to be poly fluorinated 

compounds, which do not contribute to 

O3 formation (Osterstrom et al., 2017; 

Carter 2011a). Based on the current 

scientific understanding of 

tetrafluoroalkene reactions in the 

atmosphere, it is unlikely that the actual 

O3 impact on a mass basis would equal 

or exceed that of ethane in the scenarios 

used to calculate VOC reactivity in 

Osterstrom et al. (2017), in line with 

Baasandorj et al. (2011) and Carter 

(2011a). 

To address the potential for 

stratospheric O3 impacts, the petitioner 

contended that, because the 

atmospheric lifetime of HFO1336mzz(E) due to loss by OH reaction 

was estimated to be relatively short and 

it does not contain chlorine or bromine, 

it is not expected to contribute to the 

depletion of the stratospheric O3 layer 

(Osterstrom et al., 2017; Baasandorj et 

al., 2011). 

III. The EPA’s Assessment of the 

Petition 

The EPA is proposing to respond to 

the petition to revise the EPA’s 

regulatory definition of VOC for 

exemption of HFO-1336mzz(E). This 

action is based on consideration of the 

compound’s low contribution to 

tropospheric O3 and the low likelihood 

of risk to human health or the 

environment, including stratospheric O3

depletion, toxicity, and climate change. 

Additional information on these topics 

is provided in the following sections. 

A. Contribution to Tropospheric Ozone 

Formation 

As noted in studies cited by the 

petitioner, HFO-1336mzz(E) has a MIR 

value of 0.011 g O3/g VOC for ‘‘averaged 

conditions,’’ versus 0.28 g O3/g VOC for 

ethane (Carter, 2011). Therefore, the 

EPA considers HFO-1336mzz(E) to be 

negligibly reactive and eligible for VOCexempt status in accordance with the 

Agency’s long-standing policy that 

compounds should so qualify where 

either reactivity metric (kOH expressed 

on a molar basis or MIR expressed on 

a mass basis) indicates that the 

compound is less reactive than ethane. 

While the overall atmospheric reactivity 

of HFO-1336mzz(E) was not studied in 

an experimental smog chamber, the 

chemical mechanism derived from other 

chamber studies (Carter, 2011) was used 

to model the complete formation of O3

for an entire single day under realistic 

atmospheric conditions (Carter, 2011a). 

Therefore, the EPA believes that the 

MIR value calculated in the Carter study 

submitted by the petitioner is reliable as 


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3Occupational Alliance for Risk Science (OARS– 

WEELs)- HFO-1336mzz(E), 2018: https://

www.tera.org/OARS/PDF_documents/03_trans-1-1- 

1-4-4-4-hexafluoro-2-butene-(hfo-1336mzz-e).pdf. 

4Trans-1,1,1,4,4,4-hexafluoro-2-butene (HFO1336mzz(E)) (2018). (2019). Toxicology and 

Industrial Health, 35(3), 204–210. https://doi.org/ 

10.1177/0748233719825529. 

it was supported by Osterstrom et al. 

(2017). 

Table 2 presents three reactivity 

metrics for HFO-1336mzz(E) as they 

compare to ethane. 

TABLE 2—REACTIVITIES OF ETHANE AND HFO-1336MZZ(E) 

Compound kOH

(cm3/molecule-sec) 

Maximum 

incremental 

reactivity 

(MIR) 

(g O3/mole 

VOC) 

Maximum 

incremental 

reactivity 

(MIR) 

(g O3/g VOC) 

Ethane .......................................................................................................................... 2.4 × 10¥13 8.4 0.28 

HFO-1336mzz(E) ......................................................................................................... 1.72 × 10¥13 1.8 0.011 

Notes: 

kOH value at 298 K for ethane is from Atkinson et al. (2006; page 3626). 

kOH value at 300 K for HFO-1336mzz(E) is from Osterstrom (2017) and Baasandorj (2011). 

Mass-based MIR value (g O3/g VOC) of ethane is from Carter (2011). 

Mass-based MIR value (g O3/g VOC) of HFO-1336mzz(E) is from a supplemental report by Carter (2011a). 

Molar-based MIR (g O3/mole VOC) values were calculated from the mass-based MIR (g O3/g VOC) values using the number of moles per 

gram of the relevant organic compound. 

The reaction rate of HFO-1336mzz(E) 

with the OH radical (kOH) has been 

measured to be 1.72 × 10¥13 cm3/ 

molecule-sec (Osterstrom et al., 2017); 

other reactions with O3 and the nitrate 

radical were negligibly small. The 

corresponding reaction rate of ethane 

with OH is 2.4 × 10¥13 cm3/moleculesec (Atkinson et al., 2006). The data in 

Table 2 show that HFO-1336mzz(E) has 

a lower kOH value than ethane, meaning 

that it initially reacts slower or as fast 

in the atmosphere as ethane. However, 

the resulting unsaturated fluorinated 

compounds in the atmosphere are short 

lived and react more slowly to form O3

(Osterstrom et al., 2017; Baasandorj et 

al., 2011). The mass-based MIR is 0.011 

g O3/g VOC and much lower than that 

of ethane. 

A molecule of HFO-1336mzz(E) is 

much less reactive than a molecule of 

ethane in terms of complete O3-forming 

activity, as shown by the molar-based 

MIR (g O3/mole VOC) values. Likewise, 

one gram of HFO-1336mzz(E) has a 

lower capacity than one gram of ethane 

to form O3 in terms of a mass-based 

MIR. Thus, following the 2005 Interim 

Guidance, the EPA proposes to find 

HFO-1336mzz(E) to be eligible for 

exemption from the regulatory 

definition of VOC based on both the 

molar- and mass-based MIR. 

B. Potential Impacts on Other 

Environmental Endpoints 

The EPA’s proposed decision to 

exempt HFO-1336mzz(E) from the 

regulatory definition of VOC is based on 

our findings above. However, as noted 

in the 2005 Interim Guidance, the EPA 

reserves the right to exercise its 

judgment in certain cases where an 

exemption is likely to result in a 

significant increase in the use of a 

compound and a subsequent 

significantly increased risk to human 

health or the environment. In this case, 

the EPA does not find that exemption of 

HFO-1336mzz(E) would result in an 

increase of risk to human health or the 

environment, regarding stratospheric O3

depletion, toxicity, and climate change. 

Additional information on these topics 

is provided in the following sections. 

1. Contribution to Stratospheric Ozone 

Depletion 

The SNAP program is the EPA’s 

program to evaluate and regulate 

substitutes for end-uses historically 

using O3-depleting chemicals. Under 

section 612(c) of the CAA, the EPA is 

required to identify and publish lists of 

acceptable and unacceptable substitutes 

for class I or class II O3-depleting 

substances. Per the SNAP program 

findings, the ODP of HFO-1336mzz(E) is 

zero. The SNAP program has listed 

HFO-1336mzz(E) as an acceptable 

substitute for a number of foam-blowing 

end-uses provided in 85 FR 79863, 

December 11, 2020 (USEPA, 2020). 

HFO-1336mzz(E) is unlikely to 

contribute to the depletion of the 

stratospheric O3 layer. The O3 depletion 

potential (ODP) of HFO-1336mzz(E) is 

expected to be negligible based on 

several lines of evidence: the absence of 

chlorine or bromine in the compound 

and the atmospheric reactions described 

in Carter (2008). Because HFO1336mzz(E)’s atmospheric lifetime is 

short relative to the time scale for 

mixing within the troposphere, it will 

decay before it has a chance to reach the 

stratosphere and, thus, will not 

participate in O3 destruction. 

2. Toxicity 

Based on screening assessments of the 

health and environmental risks of HFO1336mzz(E), the SNAP program 

anticipated that users will be able to use 

the compound without significantly 

greater health risks than presented by 

the use of other available substitutes for 

the same end uses (USEPA, 2020). 

The EPA anticipates that HFO1336mzz(E) will be used consistent with 

the recommendations specified in the 

manufacturer’s safety data sheet (SDS) 

(Chemours, 2016). According to the 

SDS, potential health effects from 

inhalation of HFO-1336mzz(E) include 

skin or eye irritation or frostbite. 

Exposure to high concentrations of 

HFO-1336mzz(E) from misuse or 

intentional inhalation abuse may cause 

irregular heartbeat. In addition, HFO1336mzz(E) could cause asphyxiation if 

air is displaced by vapors in a confined 

space. The Workplace Environmental 

Exposure Limit (WEEL) committee of 

the Occupational Alliance for Risk 

Science (OARS) reviewed available 

animal toxicity data and recommends a 

WEEL for the workplace of 400 parts per 

million (ppm) (2680 mg/m3) 3 timeweighted average (TWA) for an 8-hour 

workday, as later published in 2019 in 

Toxicology and Industrial Health 

(‘‘Trans-1,1,1,4,4,4-hexafluoro-2- 

butene,’’ 2019).4 This WEEL was 

derived based on reduced male body 

weight gain in the 13-week rat 

inhalation toxicity study (TNO, 2016a, 

and TNO, 2016b), based on the point of 

departure of NOAEL of 7500 ppm. This 

was also the NOAEL for the 

developmental toxicity study where 

developmental effects were only 


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5https://www.govinfo.gov/content/pkg/FR-2021- 

06-07/html/2021-11768.htm. 

6https://pubs.acs.org/doi/abs/10.1021/ 

acs.est.0c06580. 

7UNEP, 2015. Environmental Effects Of Ozone 

Depletion And Its Interactions With Climate 

Change: 2014 Assessment of the Montreal Protocol. 

United Nations Environment Programme (UNEP), 

Nairobi. This document accessible at: https://

ozone.unep.org/sites/default/files/2019-05/eeap_

report_2014.pdf. 

8UNEP, 2019. Environmental Effects and 

Interactions of Stratospheric Ozone Depletion, UV 

Radiation, and Climate Change: 2018 Assessment 

Report of the Montreal Protocol. United Nations 

Environment Programme (UNEP), Nairobi. This 

document accessible at: https://ozone.unep.org/ 

sites/default/files/2019-04/EEAP_assessmentreport-2018%20%282%29.pdf. 

9 IPCC, 2013: Climate Change 2013: Chapter 8, 

Myhre, G., D. Shindell, F.-M. Bre ́on, W. Collins, J. 

Fuglestvedt, J. Huang, D. Koch, J.-F. Lamarque, D. 

Lee, B. Mendoza, T. Nakajima, A. Robock, G. 

Stephens, T. Takemura and H. Zhang, 2013: 

Anthropogenic and Natural Radiative Forcing. In: 

Climate Change 2013: The Physical Science Basis. 

Contribution of Working Group I to the Fifth 

Assessment Report of the Intergovernmental Panel 

on Climate Change [Stocker, T.F., D. Qin, G.-K. 

Plattner, M. Tignor, S.K. Allen, J. Boschung, A. 

Nauels, Y. Xia, V. Bex and P.M. Midgley (eds.)]. 

Cambridge University Press, Cambridge, United 

Kingdom and New York, NY, USA. https://

www.ipcc.ch/site/assets/uploads/2018/02/ 

WG1AR5_Chapter08_FINAL.pdf. 

observed at maternally toxic levels. The 

EPA anticipates that users will be able 

to meet the WEEL and address potential 

health risks by following requirements 

and recommendations in the SDS and 

other safety precautions common to the 

refrigeration and air conditioning 

industry. 

HFO-1336mzz(E) is not regulated as a 

hazardous air pollutant (HAP) under 

title I of the CAA. Also, it is not listed 

as a toxic chemical under section 313 of 

the Emergency Planning and 

Community Right-to-Know Act 

(EPCRA). 

The Toxic Substances Control Act 

(TSCA) gives the EPA authority to 

assess and prevent potential 

unreasonable risks to human health and 

the environment before a new chemical 

substance is introduced into commerce. 

Section 5 of TSCA requires 

manufacturers and importers to notify 

the EPA before manufacturing or 

importing a nonexempt new chemical 

substance by submitting a 

Premanufacture Notice (PMN) prior to 

the manufacture (including import) of 

the chemical substance. Under the 

TSCA New Chemicals Program, the EPA 

then assesses whether an unreasonable 

risk may, or will, be presented by the 

expected manufacturing, processing, 

distribution in commerce, use, and 

disposal of the new substance. Based on 

its review of a PMN and a Significant 

New Use Notice (SNUN) for HFO1336mzz(E), the EPA has determined 

that use of HFO-1336mzz(E) in 

consumer products or use other than as 

described in the PMN and SNUN, may 

cause serious chronic health effects. To 

address concerns identified during the 

PMN review of HFO-1336mzz(E), the 

EPA issued a Significant New Use Rule 

(SNUR) under TSCA on May 16, 2016, 

to require submission of a SNUN to the 

EPA at least 90 days before 

manufacturing or processing of HFO1336mzz(E) for any uses in consumer 

products or any use other than as 

described in the PMN (81 FR 30451, 

30462, May 16, 2016). The required 

notification will provide the EPA with 

the opportunity to evaluate the intended 

use before it occurs and, if necessary, to 

prohibit or limit that activity to protect 

against an unreasonable risk. The EPA 

received a SNUN for a significant new 

use of HFO-1336mzz(E) in 2017 and 

modified the SNUR in June 2021 based 

on its determination for the SNUN (86 

FR 30210, 30215, June 7, 2021).5 The 

EPA, therefore, believes that existing 

programs address the risk of toxicity 

associated with the use of HFO1336mzz(E). 

The EPA recognizes that both HFO1336mmz(E) and its atmospheric 

breakdown product trifluoroacetic acid 

(TFA) are members of the broad class of 

compounds known as per- and polyfluoroalkyl substances (PFAS), even 

though they are not among the PFAS 

currently listed or targeted for specific 

Agency action. Many PFAS are highly 

mobile in various media, some are 

volatile and can be transported long 

distances in air and/or in water and 

widely distributed in the environment. 

Some studies suggest that PFAS emitted 

to air can result in human exposures in 

other media such as source/surface or 

drinking waters even though the 

emissions origin may be distant from 

receptor water bodies.6 Some PFAS are 

persistent in the environment and in the 

human body and can accumulate over 

time. There is evidence that exposure to 

certain PFAS can lead to adverse human 

health effects (e.g., low infant birth 

weights, immune system effects, cancer, 

and thyroid disruption). Numerous 

states have developed health-based (e.g., 

drinking water) standards for various 

PFAS. The Environmental Effects 

Assessment Panel for the Montreal 

Protocol (EEAP) has considered the 

production of TFA as a breakdown 

product of HFCs and HFOs and has 

found, ‘‘Projected future increased 

loadings of TFA to playas, land-locked 

lakes, and the oceans due to continued 

use of HCFCs, HFCs, and replacement 

products such as HFOs are still judged 

to present negligible risks for aquatic 

organisms and humans.’’ 7 In its most 

recent assessment report (2018 

Assessment Report), EEAP found, 

‘‘Overall, there is no new evidence that 

contradicts the conclusion of our 

previous Assessments that exposure to 

current and projected concentrations of 

salts of TFA in surface waters present a 

minimal risk to the health of humans 

and the environment.’’ 8

3. Contribution to Climate Change 

The Intergovernmental Panel on 

Climate Change (IPCC) Fifth Assessment 

Report (IPCC AR5) does not provide an 

estimate for HFO-1336mzz(E) global 

warming potential (GWP).9 The HFO1336mzz(E) GWP on a 100-year time 

horizon was calculated to be 7 in 1 

study by Osterstrom et al. (2017) and 32 

(atmospherically well-mixed) and 14 

(lifetime-adjusted) in another study by 

Baasandorj et al. (2018). However, the 

WMO (2018) calculated the 100-year 

GWP for HFO-1336mzz(E) as 16. 

Species with double bonds assembled in 

the Intergovernmental Panel on Climate 

Change Fifth Assessment Report (Table 

8.A.1) indicate lower GWP than species 

without a double bond. However, the 

GWP of 14 approximated by (Baasandorj 

et al., 2018), and the gas-phase 

degradation of HFO-1336-mzz(E) is not 

expected to lead to a significant 

formation of atmospherically long-lived 

species. According to the SNAP rule, 

HFO-1336mzz(E)’s GWP of 16 is lower 

than those of some of the substitutes in 

a variety of foam blowing and 

refrigeration end-uses, solvents, and 

aerosol propellants (USEPA, 2020). 

HFO-1336mzz(E) was developed to 

replace other chemicals used for similar 

end-uses with GWP ranging from 1 to 

1,300 such as the refrigerant 1,1,1,2- 

tetrafluoroethane (R–134a), among 

others. The petitioner claims that HFO1336mzz(E) is a better alternative to 

other substitutes in foam expansion or 

blowing agents for use in polyurethane 

rigid insulating foams. Specifically, 

HFO-1336mzz(E) will provide 

significant performance and energy 

saving advantages and reduce climate 

change impacts both directly by its 

relatively low GWP and indirectly by 

decreasing energy consumption 

throughout the lifecycle of insulated 

foams in several applications. 

C. Conclusions 

The EPA proposes that HFO1336mzz(E) is negligibly reactive with 

respect to its contribution to 

tropospheric O3 formation and, thus, 


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may be exempted from the EPA’s 

definition of VOC in 40 CFR 51.100(s). 

HFO-1336mzz(E) has been listed as 

acceptable for use as a blowing agent in 

several end-uses under the SNAP 

program (USEPA, 2020). The EPA has 

also determined that exemption of HFO1336mzz(E) from the regulatory 

definition of VOC will not result in an 

increase of risk to human health and the 

environment, and, to the extent that use 

of this compound does have impacts on 

other environmental endpoints, those 

impacts are adequately managed by 

existing programs. For example, HFO1336mzz(E) has a similar or lower 

stratospheric O3 depletion potential 

than available substitutes in those enduses, and the toxicity risk from using 

HFO-1336mzz(E) is not significantly 

greater than the risk from using other 

available alternatives for the same uses. 

The EPA has concluded that nontropospheric O3-related risks associated 

with potential increased use of HFO1336mzz(E) are adequately managed by 

SNAP. The EPA does not expect 

significant use of HFO-1336mzz(E) in 

applications not covered by the SNAP 

program. To the extent that the 

compound is used in other applications 

not already reviewed under SNAP or 

under the New Chemicals Program 

under TSCA, the SNUR in place under 

TSCA requires that any significant new 

use of a chemical be reported to the EPA 

using a Significant New Use Notice 

(SNUN). Any significant new use of 

HFO-1336mzz(E) would, thus, need to 

be evaluated by the EPA, and the EPA 

will continually review the availability 

of acceptable substitute chemicals under 

the SNAP program. 

This class of PFAS is highly varied, 

and variations in structure may result in 

(yet unknown) differences in 

environmental mobility and toxicity. 

The agency’s ongoing work in PFAS is 

based on the recent PFAS Strategic 

Roadmap: EPA’s Commitments to 

Action 2021–2024, which lays out an 

agenda and actions that have yet to be 

fully realized. Part of that plan is to 

better understand the environmental 

mobility, toxicity, and treatability of 

various congeners. There is much that 

we do not know about PFAS in general 

and for specific compounds. Therefore, 

EPA is seeking public comment on 

whether and how EPA should consider 

information on and properties of PFAS 

compounds beyond those properties 

related to the VOC exemption program 

and how it might impact the VOC 

delisting decision. 

IV. Proposed Action 

The EPA is responding to the petition 

by proposing to revise its regulatory 

definition of VOC at 40 CFR 51.100(s) to 

add HFO-1336mzz(E) to the list of 

compounds that are exempt from the 

regulatory definition of VOC because it 

is less reactive than ethane based on a 

comparison of mass-based MIR and 

molar-based MIR metrics and is, 

therefore, considered negligibly 

reactive. As a result of this action, if an 

entity uses or produces this compound 

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 O3 NAAQS, this compound will not 

be counted as a VOC in determining 

whether these regulatory obligations 

have been met. This action would affect 

whether this compound is considered a 

VOC for state regulatory purposes to 

reduce O3 formation, if a state relies on 

the EPA’s regulatory 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, no state may take 

credit for controlling this compound in 

its O3 control strategy. Consequently, 

reductions in emissions for this 

compound will not be considered or 

counted in determining whether states 

have met the rate of progress 

requirements for VOC in State 

Implementation Plans or in 

demonstrating attainment of the O3

NAAQS. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was, therefore, not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. It does not contain any 

recordkeeping or reporting 

requirements. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. This action removes HFO1336mzz(E) from the regulatory 

definition of VOC and, thereby, relieves 

manufacturers, distributers, and users of 

the compound from tropospheric O3

requirements to control emissions of the 

compound. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action imposes no 

enforceable duty on any state, local or 

tribal governments, or the private sector. 

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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. This proposed rule 

removes HFO-1336mzz(E) from the 

regulatory definition of VOC and, 

thereby, relieves manufacturers, 

distributers, and users from 

tropospheric O3 requirements to control 

emissions of the compound. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045, because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. Since HFO-1336mzz(E) is 

utilized in specific industrial 

applications where children are not 

present and dissipates quickly (e.g., 

lifetime of 22 days) with short-lived end 

products, there is no exposure or 

disproportionate risk to children. This 

action removes HFO-1336mzz(E) from 

the regulatory definition of VOC and, 

thereby, relieves manufacturers, 

distributers, and users from 

tropospheric O3 requirements to control 

emissions of the compound. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 


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significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

This action removes HFO-1336mzz(E) 

from the regulatory definition of VOC 

and, thereby, relieves manufacturers, 

distributers, and users of the compound 

from tropospheric O3 requirements to 

control emissions of the compound. 

K. 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 proposed action is 

published in the Federal Register. 

Filing a petition for review by the 

Administrator of this proposed 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 filed 

and shall not postpone the effectiveness 

of such action. Thus, any petitions for 

review of this action related to the 

exemption of HFO-1336mzz(E) from the 

regulatory definition of VOC must be 

filed in the Court of Appeals for the 

District of Columbia Circuit within 60 

days from the date proposed action is 

published in the Federal Register. 

VII. References 

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. 

Baasandorj, M., Ravishankara, A.R., 

Burkholder, J.B. (2011) Atmospheric 

chemistry of (Z)-CF3CHÕCHCF3: OH 

radical reaction rate coefficient and 

global warming potential. J Phys Chem 

A. 2011 Sep 29;115(38):10539–49. doi: 

10.1021/jp206195g. 

Baasandorj, M., Marshall, P., Waterland, R.L., 

Ravishankara, A.R. & Burkholder, J.B. 

Rate Coefficient Measurements and 

Theoretical Analysis of the OH + (E)- 

CF3CHÕCHCF3 Reaction. The Journal of 

Physical Chemistry A 122, 4635–4646, 

doi:10.1021/acs.jpca.8b02771 (2018). 

Carter, W.P.L. (1994) Development of ozone 

reactivity scales for volatile organic 

compounds. J. Air Waste Manage, 44: 

881–899. 

Carter, W.P.L. (2008) Reactivity Estimates for 

Selected Consumer Product Compounds, 

Final Report to California Air Resources 

Board Contract No. 06–408, February 19, 

2008. http://www.arb.ca.gov/research/ 

reactivity/consumer_products.pdf. 

Carter, W.P.L. (2011) SAPRC Atmospheric 

Chemical Mechanisms and VOC 

Reactivity Scales, at http://

www.engr.ucr.edu/∼carter/SAPRC/. Last 

updated in Sept. 14, 2013. Tables of 

Maximum Incremental Reactivity (MIR) 

Values available at http://

www.arb.ca.gov/regact/2009/mir2009/ 

mir2009.htm. May 11, 2011. 

Carter, W.P.L. (2011a) Estimation of the 

ground-level atmospheric ozone 

formation potentials of Cis 1,1,1,4,4,4- 

HexaFluoro-2-Butene, August 8, 2011. 

Chemours. (2016) CD–59 Foam Expansion 

Agent Safety Data Sheet. Version 4.1. 

The Chemours Company FC, LLC, 

Wilmington, DE December 2016. 

Osterstrom, F.F., Andersen, S.T., S<lling, T.I., 

Nielsena, O J., and Andersen, M.P.S. 

(2017) Atmospheric chemistry of Z- and 

E–CF3CH—CHCF3: 

Phys.Chem.Chem.Phys., 2017, 19, 735 

TNO (Netherlands Organization for Applied 

Scientific Research). (2016a) Sub-chronic 

(13-week) inhalation toxicity study with 

HFO-1336mzz(E) in rats. Report No. 

V20686. TNO Company, Netherlands. 

Unpublished report. 

TNO (Netherlands Organization for Applied 

Scientific Research). (2016b) Inhalation 

prenatal developmental toxicity study 

with HFO-1336mzz(E)in rats. Report No. 

V20685. TNO Company, Netherlands. 

Pitts, J.N. Jr., Winer, A.M., Aschmann, S.M., 

Carter, W.P.L., and Atkinson, K. (1983), 

Experimental Protocol for Determining 

Hydroxyl Radical Reaction Rate 

Constants Environmental Science 

Research Laboratory, ORD, USEPA. 

EPA600/3–82–038. 

USEPA, 2020. Protection of Stratospheric 

Ozone: Determination 36 for Significant 

New Alternatives Policy Program 

December 11, 2020. 85 FR 79863. 

Available online at: https://

www.govinfo.gov/content/pkg/FR-2020- 

12-11/pdf/2020-23861.pdf. 

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. 

Michael S. Regan, 

Administrator. 

For reasons stated 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: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

Subpart F—Procedural Requirements 

■ 2. Section 51.100 is amended by 

revising the introductory text of 

paragraph (s)(1). 

§ 51.100 Definitions. 

* * * * * 

(s) * * * 

(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 (HFC245ca); 1,1,2,3,3-pentafluoropropane 

(HFC-245ea); 1,1,1,2,3- 

pentafluoropropane (HFC-245eb); 

1,1,1,3,3-pentafluoropropane (HFC245fa); 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 (HCFC123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4- 

methoxy-butane (C4F9OCH3 or HFE7100); 2-(difluoromethoxymethyl)- 


jspears on DSK121TN23PROD with PROPOSALS1
25178 Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Proposed Rules 

1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF2OCH3); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane 

(C4F9OC2H5 or HFE-7200); 2- 

(ethoxydifluoromethyl)-1,1,1,2,3,3,3- 

heptafluoropropane 

((CF3)2CFCF2OC2H5); methyl acetate; 

1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (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 (HFE134); HCF2OCF2OCF2H (HFE-236cal2); 

HCF2OCF2CF2OCF2H (HFE-338pcc13); 

HCF2OCF2OCF2CF2OCF2H (H-Galden 

1040x or H-Galden ZT 130 (or 150 or 

180)); trans 1-chloro-3,3,3-trifluoroprop1-ene; 2,3,3,3-tetrafluoropropene; 2- 

amino-2-methyl-1-propanol; t-butyl 

acetate; 1,1,2,2- Tetrafluoro -1-(2,2,2- 

trifluoroethoxy) ethane; cis-1,1,1,4,4,4- 

hexafluorobut-2-ene (HFO-1336mzz-Z); 

trans-1,1,1,4,4,4-hexafluorobut-2-ene 

(HFO-1336mzz(E)); and perfluorocarbon 

compounds which fall into these 

classes: 

* * * * * 

[FR Doc. 2022–08922 Filed 4–27–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 174 and 180 

[EPA–HQ–OPP–2022–0161; FRL–9410–12– 

OCSPP] 

Receipt of Pesticide Petitions Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities March 2022 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notices of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of initial filings of 

pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before May 31, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition (PP) 

of interest as shown in the body of this 

document, using the Federal 

eRulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511M), main telephone number: (202) 

566–2427, email address: 

BPPDFRNotices@epa.gov; or Marietta 

Echeverria, Registration Division (RD) 

(7505P), main telephone number: (703) 

305–7090, email address: 

RDFRNotices@epa.gov. The mailing 

address for each contact person is Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

As part of the mailing address, include 

the contact person’s name, division, and 

mail code. The division to contact is 

listed at the end of each application 

summary. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

comments.html. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What action is the Agency taking? 

EPA is announcing receipt of 

pesticide petitions filed under section 

408 of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

requesting the establishment or 

modification of regulations in 40 CFR 

part 174 or part 180 for residues of 

pesticide chemicals in or on various 

food commodities. The Agency is taking 

public comment on the requests before 

responding to the petitioners. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petitions described in this 

document contain data or information 

prescribed in FFDCA section 408(d)(2), 

21 U.S.C. 346a(d)(2); however, EPA has 

not fully evaluated the sufficiency of the 

submitted data at this time or whether 

the data supports granting of the 

pesticide petitions. After considering 

the public comments, EPA intends to 

evaluate whether and what action may 

be warranted. Additional data may be 

needed before EPA can make a final 

determination on these pesticide 

petitions. 

Pursuant to 40 CFR 180.7(f), 

summaries of the petitions that are the 

subject of this document, prepared by 


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