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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-5710-7]

RIN 2060-AG70

Air Quality: Revision to Definition of Volatile Organic

Compounds--Exclusion of 16 Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes to revise EPA's definition of volatile

organic compounds (VOC) for purposes of preparing State implementation

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

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

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

proposed revision would add 16 compounds (shown in Table 3) to the list

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

these compounds have negligible contribution to tropospheric ozone

formation. These compounds have potential for use as refrigerants,

aerosol propellants, fire extinguishers, blowing agents and solvents.

Several of these compounds may be used as alternatives to

chlorofluorocarbons (CFC's) which are being phased out of production as

stratospheric ozone depleters.

DATES: Comments on this proposal must be received by April 16, 1997.

Requests for a hearing must be submitted by April 16, 1997.

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

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

Docket No. A-96-36, U.S. Environmental Protection Agency, 401 M Street,

SW., Washington, DC 20460. Comments should be strictly limited to the

subject matter of this proposal, the scope of which is discussed below.

Public Hearing. If anyone contacts EPA requesting a public hearing,

it will be held at Research Triangle Park, NC. Persons wishing to

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

present oral testimony should notify Mr. William Johnson, Air Quality

Management Division (MD-15), U.S. Environmental Protection Agency,

Research Triangle Park, NC 27711, telephone (919) 541-5245. The EPA

will publish notice of a hearing, if requested, in the Federal

Register. Any hearing will be strictly limited to the subject matter of

the proposal, the scope of which is discussed below. The EPA has

established a public docket for this action, A-96-36, which is

available for public inspection and copying between 8 a.m. and 4 p.m.,

Monday through Friday, at EPA's Air and Radiation Docket and

Information Center, (6102), 401 M Street, SW., Washington, DC 20460. A

reasonable fee may be charged for copying.

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

Planning and Standards, Air Quality Management Division (MD-15),

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

persons may call Mr. Johnson to see if a hearing will be held and the

date and location of any hearing.

SUPPLEMENTARY INFORMATION:

Regulated entities. Entities potentially regulated by this action

are those which use and emit VOC and States which have programs to

control VOC emissions.

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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. To determine whether

your organization is regulated by this action, you should carefully

examine the applicability criteria in Sec. 51.100 of title 40 of the

Code of Federal Regulations. If you have questions regarding the

applicability of this action to a particular entity, consult the person

listed in the preceding FOR FURTHER INFORMATION CONTACT section.

I. Background

On September 25, 1995 the Alliance for Responsible Atmospheric

Policy submitted to the EPA a petition which requested that the

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

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

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

(CFC-111, CFC-112, CFC-112A, CFC-113a, and CFC-114a) not shown in Table

1, but the petitioner later requested that these compounds be removed

from consideration.)

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

Blowing agent refers to products used in the manufacture of foamed

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

recognized commercial end-use. They may be either intermediates or

unintentional byproducts resulting from the manufacture of other

compounds. The petition points out that the use of HCFC and HFC

compounds can be substituted for CFC's and can thereby reduce potential

chlorine effects on stratospheric ozone.

Table 1.--Compounds Petitioned for VOC Exclusion (Along With Potential

Uses of Compounds)

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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 for Responsible

Atmospheric Policy supplied information on the photochemical reactivity

of the individual compounds. This information consisted mainly of the

rate constant for the reaction of the compound with the hydroxyl (OH)

radical. This rate constant (kOH value) is commonly used as one

measure of the photochemical reactivity of compounds. The petitioner

compared the rate constants with that of ethane which has already been

listed as photochemically negligibly reactive (ethane is the compound

with the highest kOH value which is currently regarded as

negligibly reactive). The compounds under consideration are listed in

Table 2 along with their reported kOH rate constants. The

scientific information which the petitioner has submitted in support of

the petition has been added to the docket for this rulemaking. This

information includes references for the

[[Page 12584]]

journal articles where the rate constant values are published.

Table 2.--Reaction Rate Constants With OH Radical Reported Rate Constant at 25 deg.C

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Compound cm\3\/molecule/sec CAS number

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

HFC-32............................. 1.0 x 10-14 75-10-5

HFC-161............................ 17 x 10-14 353-36-6

HFC-236fa.......................... 0.034 x 10-14 690-39-2

HFC-245ca.......................... 0.91 x 10-14 679-86-7

HFC-245ea.......................... 1.6 x 10-14

HFC-245eb.......................... 1.5 x 10-14 431-31-2

HFC-245fa.......................... 0.66 x 10-14 690-39-1

HFC-236ea.......................... 0.66 x 10-14 431-63-0

HFC-365mfc......................... 0.87 x 10-14 406-58-6

HCFC-31............................ 4.5 x 10-14 593-70-4

HCFC-123a.......................... 1.23 x 10-14 354-23-4

HCFC-150a.......................... 2.6 x 10-13 75-34-3

HCFC-151a.......................... 6.9 x 10-14 1615-75-4

C4F9OCH3........................... 1.4 x 10-14 163702-07-6

(CF3)2CFCF2OCH3.................... 1.4 x 10-14 163702-08-7

C4F9OC2H5.......................... 6.4 x 10-14 163702-05-4

(CF3)2CFCF2OC2H5................... 6.4 x 10-14 163702-06-5

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II. The EPA Response to the Petitions

For the petition submitted by the Alliance for Responsible

Atmospheric Policy, the existing data support that the reactivities of

the compounds submitted (except for HCFC-150a), with respect to

reaction with OH radicals in the atmosphere, are lower than that of

ethane.

In the petition, the petitioner did not submit reactivity data with

respect to other VOC loss reactions (such as reaction with O-atoms,

nitrogen trioxide (NO3)-radicals, and ozone (O3), and for

photolysis). However, there is ample evidence in the literature that

halogenated paraffinic VOC, such as the compounds listed above, do not

participate in such reactions significantly.

The information submitted by the petitioner for HCFC-150a does not

justify the petitioners request that this compound be declared

``negligibly reactive.'' The reactivity of HCFC-150a with respect to

reaction with OH is higher than that of ethane (i.e., 26 x 10-14

cm3 molecule-1 s-1 vs. 24 x 10-14 cm3

molecule-1 s-1, for reaction rate constants). This suggests,

but in the absence of detailed information on the atmospheric chemistry

of HCFC-150a does not prove, a higher ozone-forming reactivity. In the

cases of such VOC species, for which conclusive scientific evidence is

not available, the EPA policy has been to assume the VOC species to

have significant ozone-forming reactivity unless and until additional

specific evidence is produced that attests the contrary position. At

this time, therefore, a ``negligibly reactive'' rating for HCFC-150a

cannot be justified.

The EPA is responding to the petition by proposing in this notice

to add the compounds in Table 3 to the list of compounds appearing in

40 CFR 51.100(s).

Table 3.--Compounds Proposed to be Added to the List of Negligibly

Reactive Compounds

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Compound Chemical name or formula

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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-pentafluoropentane.

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

HFC-245eb.............................. 1,1,1,3,4-pentafluoropentane.

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

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

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

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

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

trifluoroethane.

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

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

methoxy-butane.

(CF3)2CFCF2OCH3........................ 2-(difluoromethoxymethyl)-

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

heptafluoropropane.

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

nonafluorobutane.

(CF3)2CFCF2OC2H5....................... 2-(ethoxydifluoromethyl)-

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

heptafluoropropane.

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III. Proposed Action

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

Docket No. A-96-36. The EPA hereby proposes to amend its definition of

VOC at 40 CFR 51.100(s) to exclude the compounds in Table 3 as VOC for

ozone SIP and ozone control purposes. The revised definition will also

apply in Federal Implementation Plans for ozone nonattainment areas

pursuant to the 40 CFR 52.741(a)(3) definition of volatile organic

material or VOC. States are not obligated to exclude from control as a

[[Page 12585]]

VOC those compounds that EPA has found to be negligibly reactive.

However, if this action is made final, States should not include these

compounds in their VOC emissions inventories for determining reasonable

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

take credit for controlling these compounds in their ozone control

strategy.

IV. Administrative Requirements

A. Docket

The docket is an organized and complete file for all information

submitted or otherwise considered by EPA in the development of this

proposed rulemaking. The principle purposes of the docket are: (1) To

allow interested parties to identify and locate documents so that they

can effectively participate in the rulemaking process; and, (2) to

serve as the record in case of judicial review (except for interagency

review materials) (section 307(d)(7)(A)).

B. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether a regulatory action is ``significant''

and therefore subject to Office of Management and Budget (OMB) review

and the requirements of this Executive Order. The Order defines

``significant regulatory action'' as one that is likely to result in a

rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs, or the rights and obligation of recipients

thereof; or

(4) raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

Pursuant to the terms of Executive Order 12866, it has been

determined that this rule is not ``significant'' because none of the

listed criteria apply to this action. Consequently, this action was not

submitted to OMB for review under Executive Order 12866.

C. Unfunded Mandates Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded

Mandates Act) (signed into law on March 22, 1995) requires that the

Agency prepare a budgetary impact statement before promulgating a rule

that includes a Federal mandate that may result in expenditure by

State, local, and tribal governments, in aggregate, or by the private

sector of $100 million or more in any 1 year. Section 204 requires the

Agency to establish a plan for obtaining input from and informing,

educating, and advising any small governments that may be significantly

or uniquely affected by the rule.

Under section 205 of the Unfunded Mandates Act, the Agency must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

be prepared. The Agency must select from those alternatives the least

costly, most cost-effective, or least burdensome alternative that

achieves the objectives of the rule, unless the Agency explains why

this alternative is not selected or the selection of this alternative

is inconsistent with law.

Since this proposed rule is deregulatory in nature and does not

impose a mandate upon any source, this rule is not estimated to result

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

private sector of $100 million in any 1 year. Therefore, the Agency has

not prepared a budgetary impact statement or specifically addressed the

selection of the least costly, most cost-effective, or least burdensome

alternative. Because small governments will not be significantly or

uniquely affected by this rule, the Agency is not required to develop a

plan with regard to small governments.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) of 1980 requires the

identification of potentially adverse impacts of Federal regulations

upon small business entities. The Act specifically requires the

completion of an RFA analysis in those instances where the regulation

would impose a substantial impact on a significant number of small

entities. Because this proposed rulemaking imposes no adverse economic

impacts, an analysis has not been conducted. Pursuant to the provision

of 5 U.S.C. 605(b), I hereby certify that the proposed rule will not

have an impact on small entities because no additional costs will be

incurred.

E. Paperwork Reduction Act

This proposed rule does not change any information collection

requirements subject to OMB under the Paperwork Reduction Act of 1980,

44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 51

Environmental protection, Administrative practice and procedure,

Air pollution control, Carbon monoxide, Intergovernmental relations,

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

recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: March 10, 1997.

Carol M. Browner,

Administrator.

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

title 40 of the Code of Federal Regulations is proposed to be amended

as follows:

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

IMPLEMENTATION PLANS.

1. The authority citation for part 51 continues to read as follows:

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

2. Section 51.100 is proposed to be amended by revising paragraph

(s)(1) to read as follows:

Sec. 51.100 Definitions.

* * * * *

(s) ``Volatile organic compounds (VOC)'' means any compound of

carbon, excluding carbon monoxide, carbon dioxide, carbonic acid,

metallic carbides or carbonates, and ammonium carbonate, which

participates in atmospheric photochemical reactions.

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

following, which have been determined to have negligible photochemical

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

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

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

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

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

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

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

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

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

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

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

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

acetone; 3,3-

[[Page 12586]]

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

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

decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32);

ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

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

(HFC-245ea); 1,1,1,3,4-pentafluoropentane (HFC-245eb); 1,1,1,3,3-

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

236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane

(HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-

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

butane (C4F9OCH3); 2-(difluoromethoxymethyl)-

1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);

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

(C4F9OC2H5); 2-(ethoxydifluoromethyl)-

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

((CF3)2CFCF2OC2H5); and perfluorocarbon

compounds which fall into these classes:

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

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

with no unsaturations;

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

amines with no unsaturations; and

(iv) sulfur containing perfluorocarbons with no unsaturations and

with sulfur bonds only to carbon and fluorine.

* * * * *

[FR Doc. 97-6653 Filed 3-14-97; 8:45 am]

BILLING CODE: 6560-50-P