Air Quality: Revision to Definition of Volatile Organic CompoundsExclusion of HFC 43-10mee and HCFC 225ca and cb

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-5466-9]

Air Quality: Revision to Definition of Volatile Organic

Compounds--Exclusion of HFC 43-10mee and HCFC 225ca and cb

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 the

Federal implementation plan (FIP) for the Chicago ozone nonattainment

area. This proposed revision would add HFC 43-10mee and HCFC 225ca and

cb to the list of compounds excluded from the definition of VOC on the

basis that these compounds have negligible contribution to tropospheric

ozone formation.

DATES: Comments on this proposal must be received by May 31, 1996.

Requests for a hearing must be submitted by May 31, 1996.

ADDRESSES: Comments should be submitted in duplicate (if possible) to:

Air and Radiation Docket and Information Center (6102), Attention:

Docket No. A-95-37, 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, North Carolina. Persons

wishing to request a public hearing, wanting to attend the hearing, or

wishing to present oral testimony should notify Mr. William Johnson,

Air Quality Strategies and Standards Division (MD-15), Environmental

Protection Agency, Research Triangle Park, North Carolina 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. This action is subject to the procedural requirements

of section 307(d)(1) (B), (J), and (U) of the Act, and 42 U.S.C.

Sec. 7607(d)(1) (B), (J), and (U). Therefore, EPA has established a

public docket for this action, A-95-37, which is available for public

inspection and copying between 8 a.m. and 4 p.m., Monday through

Friday, at EPA's Air and Radiation Docket and Information Center,

(6102), 401 M Street, SW., Washington, DC 20460. A reasonable fee may

be charged for copying.

FOR FURTHER INFORMATION CONTACT: William Johnson, Office of Air Quality

Planning and Standards, Air Quality Strategies and Standards Division

(MD-15), Research Triangle Park, NC 27711, phone (919) 541-5245.

Interested persons may call Mr. Johnson to see if a hearing will be

held and the date and location of any hearing.

SUPPLEMENTARY INFORMATION:

I. Background

Petitions have been received from two organizations asking for

certain compounds to 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). On December 12, 1994, Asahi Glass America, Inc., submitted a

petition for HCFC 225 ca and cb isomers. These compounds are chemically

named 3,3-dichloro-1,1,1,2,2-pentafluoropropane (CAS number 422-56-0)

and 1,3-dichloro-1,1,2,2,3-pentafluoropropane (CAS number 507-55-1),

respectively. On March 13, 1995, the E.I. du Pont de Nemours and

Company submitted a petition for the compound HFC 43-10mee. This

compound has the chemical name 1,1,1,2,3,4,4,5,5,5-decafluoropentane

(CAS number 138495-42-8).

In support of their petitions, these organizations 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 petitioners compared the

rate constants with that of other compounds which have already been

listed as photochemically, negligibly reactive (e.g., ethane which is

the compound with the highest kOH value that is currently regarded

as negligibly reactive). The compounds for which petitions were

submitted are listed in Table 1 along with their reported kOH rate

constants.

Table 1--Reaction Rate Constants with OH Radical

------------------------------------------------------------------------

Reported rate constant at 25

Compound deg.C cm\3\/molecule/sec

------------------------------------------------------------------------

Ethane................................... 2.4 x 10-13

HCFC-225ca............................... 2.5 x 10-14

HCFC-225cb............................... 8.6 x 10-15

HFC 43-10mee............................. 3.87 x 10-15

------------------------------------------------------------------------

The scientific information which the petitioners have submitted in

support of their petitions has been added to the docket for this

rulemaking. This information includes references for the journal

articles where the rate constant values are published.

II. The EPA Response to the Petitions

In regard to the petition for HCFC 225ca and HCFC 225cb, existing

data support that the reactivities of these compounds with respect to

reaction with OH radicals in the atmosphere are considerably lower than

that of ethane. This would indicate that these compounds are less

reactive than ethane which is already classified as negligibly

reactive. Similarly, for HFC 43-10mee, the rate constant of reaction

with the OH radical is considerably less than that for ethane.

In each of the above petitions, the petitioners did not submit

reactivity data with respect to other VOC loss reactions (such as

reaction with O-atoms, nitrogen trioxide (NO3)-radicals, and ozone

0(O3), and for photolysis).

[[Page 19232]]

However, there is ample evidence in the literature that halogenated

paraffinic VOC, such as these compounds, do not participate in such

reactions significantly.

The EPA is responding to these petitions by proposing, in this

notice, to add HFC 43-10mee and HCFC 225 ca and cb to the list of

compounds appearing in 40 CFR 51.100(s).

III. Final Action

Today's proposed action is based on EPA's review of the material in

Docket No. A-95-37. The EPA hereby proposes to amend its definition of

VOC at 40 CFR 51.100(s) to exclude HCFC 43-10mee, HCFC 225ca and HCFC

225cb as VOC for ozone SIP and ozone control purposes. The revised

definition will apply in the Chicago ozone nonattainment area 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 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. Because this proposed rule is estimated to

result in the expenditure by State, local and tribal governments or the

private sector of less than $100 million in any 1 year, 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

For proposed and final rules, the Regulatory Flexibility Act of

1980 requires the Agency to perform a regulatory flexibility analysis,

identifying the economic impact of the rule on small entities. 5 U.S.C.

Sec. 601 et. seq. In the alternative, if the Agency determines that the

rule will not have a significant economic impact on a substantial

number of small entities, the Agency can make a certification to that

effect. Because this rule relieves a restriction, it will not impose

any adverse economic impact on small entities. Therefore, pursuant to 5

U.S.C. Sec. 605(b), I hereby certify that this action will not have a

significant economic impact on a substantial number of small entities

because it relaxes current regulatory requirements rather than imposing

new ones.

E. Paperwork Reduction Act

This 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: April 25, 1996.

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 paragraphs

(s) introductory text and (s)(1) introductory text 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

[[Page 19233]]

carbonate, which participates in atmospheric photochemical reactions.

(1) This includes any such organic compound other than the

following, which have been determined to have negligible photochemical

reactivity: methane; ethane; methylene chloride (dichloromethane);

1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-

trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11);

dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22);

trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-

114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-

dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-

dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-

142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane

(HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane

(HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride

(PCBTF); cyclic, branched, or linear completely methylated siloxanes;

acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-

1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-

pentaflouropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane

(HFC 43-10mee); and perfluorocarbon compounds which fall into these

classes:

* * * * *

[FR Doc. 96-10809 Filed 4-30-96; 8:45 am]

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