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

SUMMARY: This action revises EPA's definition of volatile organic

compounds (VOC) for purposes of preparing State implementation plans

(SIP's) to attain the national ambient air quality standards (NAAQS)

for ozone under title I of the Clean Air Act (Act) and for the Federal

implementation plan (FIP) for the Chicago ozone nonattainment area.

This action adds 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.

These compounds are solvents which could be used in electronics and

precision cleaning.

EFFECTIVE DATE: This rule is effective November 7, 1996.

ADDRESSES: The 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.

SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially

regulated by this action are those which use and emit VOC's and States

which have programs to control VOC emissions.

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Examples of regulated

Category entities

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Industry.................................. Industries that do solvent

cleaning, e.g. electronics

or precision cleaning.

States.................................... States which have

regulations to control

volatile organic compounds.

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be affected by State

regulation initiated pursuant to this action. States may use this

revised definition of VOC in promulgating new or revising existing

reasonably available control technology requirements for stationary

sources. If you have further questions regarding the applicability of

this action to a particular entity, you may consult the person listed

in the FOR FURTHER INFORMATION CONTACT section of this notice or

contact your State or local air pollution control agency.

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 225ca 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). Reported kOH rate constants for ethane

and the compounds for which petitions were submitted are listed in

Table 1.

Table 1.--Reaction Rate Constants With OH Radical Reported Rate Constant

at 25 deg.C

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Compound cm3/molecule/sec

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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

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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.

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

(O3), and for photolysis). However, there is ample evidence in the

literature that halogenated paraffinic VOC, such as these compounds, do

not participate in such reactions significantly.

II. Comments on the Proposal and EPA Responses

Based on a review of the scientific material submitted by the

petitioners, EPA published a notice in the Federal Register on May 1,

1996 (61 FR 19231) which proposed to revise EPA's definition of VOC to

add HFC 43-10mee and HCFC 225ca and cb to the list of compounds which

are considered to be negligibly photochemically reactive. In the

proposal, EPA summarized the technical basis for its preliminary

decision to add these compounds to this list. That notice asked for

comments from the public on the proposal and provided a 30-day comment

period which ended May 31, 1996. In accordance with section 307(d) of

the Act, today's action is accompanied by a response to the significant

comments, criticisms, and new data submitted in written or oral

presentations during the public comment period. During the comment

period, written comments

[[Page 52849]]

were received from one company in response to EPA's May 1, 1996

proposal. This comment letter supported the proposed action. A copy of

that comment letter is located in the docket (A-95-37) for this action.

In the proposal for today's action, EPA indicated that interested

persons could request that EPA hold a public hearing on the proposed

action (see section 307(d)(5)(ii) of the Act). During the comment

period, no one requested a public hearing, therefore none was held.

III. Final Action

Based on its review of the material in Docket No. A-95-37, the EPA

hereby amends 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 also applies 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, States should not include these compounds

in their VOC emissions inventories for determining reasonable further

progress under the Act (e.g., section 182(b)(1)) and may not take

credit for controlling these compounds in their ozone control strategy.

IV. Administrative Requirements

A. Docket

The docket is an organized and complete file for all information

submitted or otherwise considered by EPA in the development of this

rulemaking. The principle purposes of the docket are to allow

interested parties to identify and locate documents so that they can

effectively participate in the rulemaking process and 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 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.

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 and any

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

U.S.C. 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.

F. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 51

Environmental protection, Administrative practice and procedure,

Air pollution control, Carbon monoxide, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: September 27, 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 amended as follows:

[[Page 52850]]

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 amended by revising paragraph (s) introductory

text and paragraph (s)(1) to read as follows:

51.100 Definitions.

* * * * *

(s) Volatile organic compounds (VOC) means any compound of carbon,

excluding carbon monoxide, carbon dioxide, carbonic acid, metallic

carbides or carbonates, and ammonium carbonate, which participates in

atmospheric photochemical reactions.

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

following, which have been determined to have negligible photochemical

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

1,1,1-trichloroethane (methyl chloroform); 1,1,2-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-difluoroe- thane

(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-pentafluoropropane (HCFC-225cb);

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); 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. 96-25787 Filed 10-7-96; 8:45 am]

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