Air Quality: Revision to Definition of Volatile Organic CompoundsExclusion of 16 Compounds

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-5880-9]

RIN 2060-AG70

Air Quality: Revision to Definition of Volatile Organic

Compounds--Exclusion of 16 Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 any Federal

implementation plan (FIP) for an ozone nonattainment area. This

revision would add 16 compounds (shown in Table 2) to the list of

compounds excluded from the definition of VOC on the basis that these

compounds have negligible contribution to tropospheric ozone formation.

These compounds have potential for use as refrigerants, aerosol

propellants, fire extinguishants, blowing agents and solvents.

DATES: This rule is effective September 24, 1997.

ADDRESSES: The EPA has established a public docket for this action, A-

96-36, which is available for public inspection and copying between 8

a.m. and 4 p.m., Monday through Friday, at EPA's Air and Radiation

Docket and Information Center (6102), 401 M Street, SW., Washington, DC

20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT:

William Johnson, Office of Air Quality Planning and Standards, Air

Quality Strategies and Standards Division (MD-15), Research Triangle

Park, NC 27711, phone (919) 541-5245.

SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially

regulated by

[[Page 44901]]

this action are those which use and emit VOC and States which have

programs to control VOC emissions.

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Category Examples of regulated entities

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Industry.......................... Industries that use refrigerants,

blowing agents, or solvents.

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 regulated by this

action. This table lists the types of entities that EPA is now aware

could potentially be regulated by this action. Other types of entities

not listed in the table could also be regulated. If you have questions

regarding the applicability of this action to a particular entity,

consult the person listed in the preceding FOR FURTHER INFORMATION

CONTACT section.

I. Background

On September 25, 1995, the Alliance for Responsible Atmospheric

Policy (Alliance) submitted a petition to the EPA which requested that

the compounds shown in Table 1 be added to the list of compounds which

are considered to be negligibly reactive in the definition of VOC at 40

CFR 51.100(s). (The original petition also included five other

compounds (CFC-111, CFC-112, CFC-112A, CFC-113a, and CFC-114a) not

shown in Table 1, but the petitioner later requested that these

compounds be removed from consideration.)

Potential uses for these compounds are also shown in Table 1.

Blowing agent refers to products used in the manufacture of foamed

plastic. The compounds for which no use is shown have no currently

recognized commercial end-use. However, they may be either

intermediates or unintentional byproducts resulting from the

manufacture of other compounds.

Table 1.--Compounds Petitioned for VOC Exclusion

[Along with potential uses of compounds]

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Compound Potential use

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HFC-32................................... Refrigerant.

HFC-161.................................. Aerosol propellant, blowing

agent.

HFC-236fa................................ Fire extinguishant,

refrigerant.

HFC-245ca................................ Refrigerant, blowing agent.

HFC-245eb................................ Refrigerant, blowing agent.

HFC-245fa................................ Refrigerant, blowing agent.

HFC-245ea................................ Solvent.

HFC-236ea................................ Refrigerant, blowing agent.

HFC-365mfc............................... Blowing agent.

HCFC-31

HCFC-150a

HCFC-151a

HCFC-123a................................ Blowing agent.

C4F9OCH3................................. Solvent.

(CF3)2CFCF2OCH3.......................... Solvent.

C4F9OC2H5................................ Solvent.

(CF3)2CFCF2OC2H5......................... Solvent.

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In support of the petitions, the Alliance supplied information on

the photochemical reactivity of the individual compounds. This

information consisted mainly of the rate constant for the reaction of

the compound with the hydroxyl (OH) radical. This rate constant

(kOH value) is commonly used as one measure of the

photochemical reactivity of compounds. The petitioner compared the rate

constants with that of ethane which has already been listed as

photochemically negligibly reactive (ethane is the compound with the

highest kOH value which is currently regarded as negligibly

reactive). The scientific information which the petitioner has

submitted in support of the petition has been added to the docket for

this rulemaking. This information includes references for the journal

articles where the rate constant values are published.

For the petition submitted by the Alliance, the existing data

support that the reactivities of the compounds submitted (except for

HCFC-150a), with respect to reaction with OH radicals in the

atmosphere, are substantially lower than that of ethane. Based on the

information submitted with the petition, EPA proposed on March 17, 1997

(62 FR 12583) to add the 16 compounds shown in Table 2 below to the

list of negligibly reactive compounds in EPA's definition of VOC found

in 40 CFR 51.100(s). One of the compounds in the petition (HCFC-150a)

was not proposed for exemption since EPA thought that the supporting

information did not justify a ``negligibly reactive'' rating at this

time.

II. Comments on the Proposal and EPA Response

The EPA received written comments on the proposal from four

organizations. The comments were from the petitioner and three

manufacturing companies. All four comment letters supported the

exclusion of the 16 compounds as VOC. Copies of these comments have

been added to the docket (A-96-36) 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 so none was held.

Based on the information presented in the proposal notice and on

the comments received during the public comment period, EPA has decided

to list the compounds in Table 2 as negligibly reactive.

Table 2.--Compounds Added to the List of Negligibly Reactive Compounds

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Compound Chemical name

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HFC-32....................... difluoromethane.

HFC-161...................... ethylfluoride.

HFC-236fa.................... 1,1,1,3,3,3-hexafluoropropane.

HFC-245ca.................... 1,1,2,2,3-pentafluoropropane.

HFC-245ea.................... 1,1,2,3,3-pentafluoropropane.

HFC-245eb.................... 1,1,1,2,3-pentafluoropropane.

HFC-245fa.................... 1,1,1,3,3-pentafluoropropane.

HFC-236ea.................... 1,1,1,2,3,3-hexafluoropropane.

HFC-365mfc................... 1,1,1,3,3-pentafluorobutane.

HCFC-31...................... chlorofluoromethane.

HCFC-123a.................... 1,2-dichloro-1,1,2-trifluoroethane.

HCFC-151a.................... 1-chloro-1-fluoroethane.

C4F9OCH3..................... 1,1,1,2,2,3,3,4,4-nonafluoro-4-

methoxybutane.

(CF3)2CFCF2OCH3.............. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-

heptafluoropropane.

C4F9OC2H5.................... 1-ethoxy-1,1,2,2,3,3,4,4,4-

nonafluorobutane.

[[Page 44902]]

(CF3)2CFCF2OC2H5............. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane.

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Table 3 gives Chemical Abstract Service (CAS) numbers for the

compounds in Table 2.

Table 3.--Chemical Abstract Service (CAS) Numbers for Compounds

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Compound CAS number

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HFC-32................................... 75-10-5

HFC-161.................................. 353-36-6

HFC-236fa................................ 690-39-1

HFC-245ca................................ 679-86-7

HFC-245ea................................ 24270-66-4

HFC-245eb................................ 431-31-2

HFC-245fa................................ 460-73-1

HFC-236ea................................ 431-63-0

HFC-365mfc............................... 406-58-6

HCFC-31.................................. 593-70-4

HCFC-123a................................ 354-23-4

HCFC-151a................................ 1615-75-4

C4F9OCH3................................. 163702-07-6

(CF3)2CFCF2OCH3.......................... 163702-08-7

C4F9OC2H5................................ 163702-05-4

(CF3)2CFCF2OC2H5......................... 163702-06-5

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III. Final Action

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

No. A-96-36. The EPA hereby amends its definition of VOC at 40 CFR

51.100(s) to exclude the compounds in Table 2 as VOC for ozone SIP's

and ozone control strategies for purposes of attaining the ozone NAAQS.

The revised definition will also apply for purposes of any FIP's for

ozone nonattainment areas (e.g. 40 CFR 52.741(a)(3)). 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: (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 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

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.

L. 104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under section 202 of the UMRA, EPA

generally must prepare a written statement, including a cost-benefit

analysis, for proposed and final rules with ``Federal mandates'' that

may result in expenditures to State, local, and tribal governments, in

the aggregate, or to the private sector, of $100 million or more in any

1 year. Before promulgation of an EPA rule for which a written

statement is needed, section 205 of the UMRA generally requires EPA to

identify and consider a reasonable number of regulatory alternatives

and adopt the least costly, most cost effective, or least burdensome

alternative that achieves the objective of the rule, unless EPA

publishes with the final rule an explanation of why that alternative

was not adopted. Before EPA establishes any regulatory requirements

that may significantly or uniquely affect small governments including

tribal governments, it must have developed under section 203 of the

UMRA a small government plan which informs, educates and advises small

governments on compliance with the regulatory requirements. Finally,

section 204 provides that for any proposed or final rule that imposes a

mandate on a State, local or tribal government of $100 million or more

annually, the Agency must provide an opportunity for such governmental

entities to provide input in development of the proposed rule.

Since today's rulemaking is deregulatory in nature and does not

impose any mandate on governmental entities or the private sector, EPA

has determined that sections 202, 203, 204 and 205 of the UMRA do not

apply to this action.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) of 1980 requires the

identification of potentially adverse impacts of Federal regulations

upon small business entities. The Act specifically requires the

completion of an RFA analysis in those instances where the regulation

would impose a substantial impact on a significant number of small

entities. Because this rulemaking imposes no adverse economic impacts,

an analysis has not been conducted. Pursuant to the provision of 5

U.S.C. 605(b), I hereby certify that this rule will not have an impact

on small entities because no additional costs will be incurred.

E. Paperwork Reduction Act

This action does not impose an information collection burden under

the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

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

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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: August 18, 1997.

Carol M. Browner,

Administrator.

For reasons set forth in the preamble, part 51 of chapter I of

title 40 of the Code of Federal Regulations is amended as follows:

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

IMPLEMENTATION PLANS

1. The authority citation for part 51 is revised to read as

follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 51.100 is amended by revising paragraph (s) introductory

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

Sec. 51.100 Definitions.

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

excluding carbon monoxide, carbon dioxide, carbonic acid, metallic

carbides or carbonates, and ammonium carbonate, which participates in

atmospheric photochemical reactions.

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

following, which have been determined to have negligible photochemical

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

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

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

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

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

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

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

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

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

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

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

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

acetone; 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

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

pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-

245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-

pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1-

chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane

(HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane

(C4F9OCH3); 2-(difluoromethoxymethyl)-

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

((CF3)2CFCF2OCH3); 1-

ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane

(C4F9OC2H5); 2-

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

((CF3)2CFCF2OC2H5

); and perfluorocarbon compounds which fall into these classes:

(i) Cyclic, branched, or linear, completely fluorinated alkanes;

(ii) Cyclic, branched, or linear, completely fluorinated ethers

with no unsaturations;

(iii) Cyclic, branched, or linear, completely fluorinated tertiary

amines with no unsaturations; and

(iv) Sulfur containing perfluorocarbons with no unsaturations and

with sulfur bonds only to carbon and fluorine.

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[FR Doc. 97-22510 Filed 8-22-97; 8:45 am]

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