Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of HFE-7300, 6729-6733 [E6-1800]
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Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
inventory, EPA will need more
documentation on how the SIP
inventory was developed by the State as
opposed to the documentation required
for the CERR inventory.
Therefore, the basis for EPA’s
emission inventory program is specified
in the CERR, the AERR notice of
proposed rulemaking (NPRM) and the
related guidance document. The EPA is
interested in receiving comments on
whether or not additional emission
inventory requirements or guidance are
needed to implement any new PM2.5
standards and any new PM10–2.5
NAAQS. Following are a set of
questions on which we would like
input:
a. Are the data elements specified
within the CERR and AERR sufficient to
develop adequate SIPs for PM2.5 and
PM10–2.5? For example, should EPA
expand the listing of reportable
compounds to include elemental and
organic carbon?
b. Fugitive emissions are a significant
contributor to ambient levels of PM10–2.5.
Should EPA require and/or develop
more precise methods for estimating
fugitive particulate emissions, perhaps
including wind blown dust?
c. The EPA believes that daily
emissions will be important under both
PM2.5 and PM10–2.5. Should EPA require
any additional emission inventory data
elements or temporal allocation
techniques to estimate more accurately
daily emissions and their variability?
d. Are there other inventory issues
that EPA should define through either
regulation or guidance?
VIII. Statutory and Executive Order
Reviews
Under Executive Order 12866,
Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is, therefore, not subject to review by the
Office of Management and Budget.
List of Subjects in 40 CFR Part 51
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Environmental protection, Particulate
matter.
Dated: February 3, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6–1798 Filed 2–8–06; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[OAR–2005–0124; FRL–8030–1]
RIN 2060–AN34
Air Quality: Revision to Definition of
Volatile Organic Compounds—
Exclusion of HFE–7300
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: This action proposes to revise
EPA’s definition of volatile organic
compounds (VOC) for purposes of
preparing State implementation plans
(SIPs) to attain the national ambient air
quality standards (NAAQS) for ozone
under title I of the Clean Air Act (CAA).
This proposed revision would add
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl-pentane
[also known as HFE–7300 or L–14787 or
C2F5CF(OCH3)CF(CF3)2] to the list of
compounds excluded from the
definition of VOC on the basis that this
compound makes a negligible
contribution to tropospheric ozone
formation. If you use or produce HFE–
7300 and are subject to EPA regulations
limiting the use of VOC in your product,
limiting the VOC emissions from your
facility, or otherwise controlling your
use of VOC for purposes related to
attaining the ozone NAAQS, then you
will not count HFE–7300 as a VOC in
determining whether you meet these
regulatory obligations. This action may
also affect whether HFE–7300 is
considered as a VOC for State regulatory
purposes, depending on whether the
State relies on EPA’s definition of VOC.
As a result, if you are subject to certain
Federal regulations limiting emissions
of VOCs, your emissions of HFE–7300
may not be regulated for some purposes.
DATES: Comments on this proposal must
be received by March 13, 2006. Requests
for a hearing must be submitted by
February 24, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2005–
0124, by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• E-mail: Send e-mail to the EPA
Docket Center at a-and-rDocket@epa.gov.
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• Fax: Send faxes to the EPA Docket
Center at (202) 566–1741.
• Mail: Environmental Protection
Agency, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460. Attn: Docket No. OAR–2005–
0124, ‘‘Air Quality: Revision to
Definition of Volatile Organic
Compounds—Exclusion of HFE–7300.’’
Please include a total of two copies.
• Hand Delivery: EPA Docket Center,
U.S. Environmental Protection Agency,
EPA West Building, Room B102, 1301
Constitution Avenue, NW., Washington,
DC. Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. OAR–2005–0124. EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at https://www.epa.gov/
edocket, including any personal
information provided, unless the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI or otherwise
protected through EDOCKET,
regulations.gov, or e-mail. The EPA
EDOCKET and the Federal
regulations.gov Web sites are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
EDOCKET or regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the EDOCKET index at
https://www.epa.gov/edocket. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
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is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at the EPA Docket Center, EPA/DC,
EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
Docket is (202) 566–1742.
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. David Sanders, Air
Quality Strategies and Standards
Division (C539–02), U.S. Environmental
Protection Agency, Research Triangle
Park, NC 27711, telephone (919) 541–
3356. 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. Interested persons
may call Mr. Sanders to see if a hearing
will be held and the date and location
of any hearing.
FOR FURTHER INFORMATION CONTACT:
David Sanders, Office of Air Quality
Planning and Standards, Air Quality
Strategies and Standards Division
(C539–02), Research Triangle Park, NC
27711, phone (919) 541–3356, or by email at sanders.dave@epa.gov.
SUPPLEMENTARY INFORMATION: This
compound has potential for use as a
heat-transfer fluid. As a
hydrofluoroether (HFE), this compound
may be used as an alternative to ozonedepleting substances. Under the
Significant New Alternatives Policy
(SNAP) program (CAA 612; 40 CFR part
82 subpart G), EPA may identify
substitutes for ozone-depleting
compounds, evaluate the acceptability
of these substitutes, determine as
acceptable for use those substitutes
believed to present lower overall risks to
human health and the environment
(relative to the class I and class II
compounds being replaced, as well as to
other substitutes for the same end-use),
and prohibit the use of those substitutes
found, based on the same comparisons,
to increase overall risks. Because they
do not contain chlorine or bromine, they
do not deplete the ozone layer. All HFEs
have an ozone depletion potential (ODP)
of 0 although some HFEs have high
global warming potential (GWP).
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According to a U.S. patent application
submitted by 3M Innovative Properties
Company, the organic compound
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2] that is the
subject of this notice possesses the
capacity to form myriad azeotrope
mixtures with other organic compounds
such as 1-bromopropane,
hexamethyldisilazane, isobutyl acetate,
methylisobutyl ketone, trans-1,2dichloroethylene, and
trifluoromethylbenzene which may not
be exempt from VOC regulation. This
patent application lists a broad range of
processes and applications where these
azeotropes can be used. Some of these
azeotrope uses include: (1) Coating
deposition applications, where the
azeotrope functions as a carrier for a
coating material, (2) heat-transfer fluids
in heat-transfer processes, (3) to clean
organic and/or inorganic substrates, and
(4) to formulate working fluids or
lubricants for machinery operations and
manufacturing processes.
The patent application indicated that
the azeotrope mixtures can be
formulated at compositions of
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2] ranging from 1
to 100 percent, depending on the
organic co-solvent and the desired
properties of the azeotrope.
I. Background
Tropospheric ozone, commonly
known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the
atmosphere. Because of the harmful
health effects of ozone, EPA and State
governments limit the amount of VOC
and NOX that can be released into the
atmosphere. Volatile organic
compounds are those compounds of
carbon (excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic
carbides or carbonates, and ammonium
carbonate) which form ozone through
atmospheric photochemical reactions.
Compounds of carbon (also known as
organic compounds) have different
levels of reactivity—that is, they do not
react at the same speed or do not form
ozone to the same extent. It has been
EPA’s policy that organic compounds
with a negligible level of reactivity need
not be regulated to reduce ozone. EPA
determines whether a given organic
compound has ‘‘negligible’’ reactivity by
comparing the compound’s reactivity to
the reactivity of ethane. EPA lists these
compounds in its regulations [at 40 CFR
51.100(s)] and excludes them from the
definition of VOC. The chemicals on
this list are often called ‘‘negligibly
reactive’’ organic compounds.
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On July 8, 1977, EPA published the
‘‘Recommended Policy on Control of
Volatile Organic Compounds’’ (42 FR
35314) which established the basic
policy that EPA has used regarding
organic chemical photochemical
reactivity since that time. In that
statement, EPA identified the following
four compounds as being of negligible
photochemical reactivity and said these
should be exempt from regulation under
SIPs: Methane; ethane; 1,1,1trichloroethane (methyl chloroform);
and 1,1,2-trichloro-1,2,2-trifluoroethane
(CFC–113). That policy statement said
that as new information becomes
available, EPA may periodically revise
the list of negligibly reactive
compounds to add compounds to or
delete them from the list.
EPA’s decision to exempt certain
compounds in its 1977 policy was
heavily influenced by experimental
smog chamber work done earlier in the
1970’s. In this experimental work,
various compounds were injected into a
smog chamber at a molar concentration
that was typical of the total molar
concentration of VOC in Los Angeles
ambient air (4 ppmv). As the compound
was allowed to react with NOX at
concentrations of 0.2 ppm, the
maximum ozone formed in the chamber
was measured. If the compound in the
smog chamber did not result in ozone
formation of 0.08 ppm (0.08 ppm was
the NAAQS for oxidants at that time), it
was assumed that emissions of the
compound would not cause the oxidant
standard to be exceeded. The compound
could then be considered to be
negligibly reactive. Ethane was the most
reactive compound tested that did not
cause the 0.08 ppm ozone level in the
smog chamber to be met or exceeded.
Based on those findings and judgments,
EPA designated ethane as negligibly
reactive, and ethane became the
benchmark VOC species separating
reactive from negligibly reactive
compounds.
Since 1977, the primary method for
comparing the reactivity of a specific
compound to that of ethane has been to
compare the kOH values for ethane and
the specific compound of interest. The
kOH value represents the molar rate
constant for reactions between the
subject compound (e.g., ethane) and the
hydroxyl radical (i.e., •OH). This
reaction is very important since it is the
primary pathway by which most organic
compounds initially participate in
atmospheric photochemical reaction
processes. At this time, EPA has
exempted 53 compounds or classes of
compounds with 4 of these based on a
new comparison using Maximum
Incremental Reactivity (MIR) values and
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the remainder based on a comparison of
kOH values.
On August 30, 2004, the Performance
Chemicals and Fluid Division of the 3M
Company submitted to EPA a petition
requesting that the compound
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl-pentane 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).
This compound would be used as a
heat transfer liquid and for other heat
transfer applications. In its petition, 3M
points out that it has suggested HFE–
7300 be used to reduce greenhouse
gases resulting from emissions of
compounds such as hydroflurocarbons,
perfluorocarbons, and
perfluoropolyethers in certain
applications and, therefore, help reduce
global warming potential.
In support of 1,1,1,2,2,3,4,5,5,5decafluoro-3-methoxy-4-
trifluoromethyl-pentane, 3M Company
supplied information on its
photochemical reactivity. The 3M
Company stated that, as a
hydrofluoroether, this compound is very
similar in structure, toxicity, and
atmospheric properties to other
compounds such as C4F9OCH3,
(CH3)2CFCF2OCH3, C4F9OC2H5,
(CH3)2CFCF2OC2H5, n-C3F7OCH3, and
C3F7CF(OC2H5)CF(CF3)2 which are
exempt from the VOC definition.
Other information submitted by 3M
Company consists mainly of a peerreviewed article entitled ‘‘Atmospheric
Chemistry of Some Fluoroethers,’’
Guschin, Molina, Molina: Massachusetts
Institute of Technology, May
1998,which has been submitted to the
docket. This article discusses a study in
which the rate constant for the reaction
of the subject compound with the
hydroxyl (OH) radical is shown to be
less than that for ethane and slightly
6731
more than that for methane. This rate
constant (kOH value) is commonly used
as one measure of the photochemical
reactivity of compounds. The petitioner
compared the subject compound rate
constant with that of ethane, which has
already been listed as photochemically
negligibly reactive. The compound
under consideration has the reported
kOH rate constant as listed in Table 1
which is lower that that of ethane at 2.4
× 10¥13. 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.
EPA has included the 3M Company
Material Safety Data Sheet for HFE–
7300 indicating the compound as
having very low toxicity. This
information has been placed in the
docket.
TABLE 1.—REACTION RATE AND TOXICITY
HFE–7300 .................................................................................................
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II. EPA Response to the Petition
For the petition submitted by the 3M
Company, the data submitted by the
petitioners support the contention that
the reactivity of the compound
submitted, with respect to reaction with
the OH radical in the atmosphere, is
lower than that of ethane.
This notice to exempt
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2] as negligibly
reactive from the VOC definition applies
to this compound only in its pure state
and does not apply to any of its
azeotrope mixtures or organic blends in
which any of the other constituents are
not VOC exempt compounds. The term
‘‘pure state’’ is taken to mean at a
composition purity level of at least
99.96 percent by weight (cited in the
patent application 10/739,231 published
on June 23, 2005 titled ‘‘Azeotrope-like
Compositions and Their Use,’’
Publication Number: US 2005/0137113
A1) of 1,1,1,2,2, 3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2]. For those
azeotrope mixtures and organic blends
which contain both VOC exempt and
non-exempt compounds, the amount of
credit that can be apportioned as VOC
exempt credit is limited to the total
molar fraction of all the VOC exempt
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MIR
OH Radical at 25 °C
(cm3/molecule/sec)
Compound
1.5 × 10¥14
constituents contained in the mixture or
blend.
EPA is responding to the petition by
proposing in this action to add 1,1,
1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4trifluoromethyl-pentane (also known as
HFE–7300) to the list of compounds
appearing in 40 CFR 51.100(s).
III. Proposed Action
Today’s proposed action is based on
EPA’s review of the material in Docket
No. OAR–2005–0124. EPA hereby
proposes to amend its definition of VOC
at 40 CFR 51.100(s) to exclude HFE–
7300 as VOC for ozone SIP and ozone
control purposes. 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 may not take credit for
controlling this compound in their
ozone control strategy.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
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
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gram
Not available
Very low.
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
is not submitted to OMB for review
under Executive Order 12866.
B. Paperwork Reduction Act
This action does not contain any
information collection requirements
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subject to OMB review under the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. It does not contain any
recordkeeping or reporting requirement.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply, with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An Agency does not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The control numbers
for EPA(s regulations are listed in 40
CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the proposed rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts
of today’s rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. In determining whether a rule
has a significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
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adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
Today’s proposed rule proposes to
revise EPA’s definition of volatile
organic compounds (VOC) for purposes
of preparing State implementation plans
(SIPs) to attain the national ambient air
quality standards (NAAQS) for ozone
under title I of the Clean Air Act (CAA).
This proposed revision would add
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl-pentane
[also known as HFE–7300 or L–14787 or
[C2F5CF(OCH3)CF(CF3)2] to the list of
compounds excluded from the
definition of VOC on the basis that this
compound makes a negligible
contribution to tropospheric ozone
formation. We continue to be interested
in the potential impacts of the proposed
rule on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 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 promulgating 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 objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
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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 agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that this rule
does not contain a Federal mandate that
may result in expenditures of $100
million or more for State, local, and
Tribal governments, in the aggregate, or
the private sector in any 1 year. 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. Thus, today’s rule is not
subject to the requirements of sections
202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that 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.’’
This proposed action addressing the
exemption of a chemical compound
from the VOC definition 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, as specified in
E:\FR\FM\09FEP1.SGM
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Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
Executive Order 13132. This action does
not impose any new mandates on State
or local governments. Thus, Executive
Order 13132 does not apply to this rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and State and local governments, EPA
specifically solicits comment on this
proposed rule from State and local
officials.
wwhite on PROD1PC61 with PROPOSALS
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
This proposed rule does not have
Tribal implications. It will not have
substantial direct effects on Tribal
governments, on the relationship
between the Federal government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian Tribes,
as specified in Executive Order 13175.
Today’s action does not have any direct
effects on Indian Tribes. Thus,
Executive Order 13175 does not apply
to this rule. In the spirit of Executive
Order 13175, and consistent with EPA
policy to promote communications
between EPA and Tribal governments,
EPA specifically solicits additional
comment on this proposed rule from
Tribal officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045: ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
VerDate Aug<31>2005
20:19 Feb 08, 2006
Jkt 208001
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
While this proposed rule is not
subject to the Executive Order because
it is not economically significant as
defined in Executive Order 12866, EPA
has reason to believe that ozone has a
disproportionate effect on active
children who play outdoors (62 FR
38856; 38859, July 18, 1997). EPA has
not identified any specific studies on
whether or to what extent the chemical
compound may affect children’s health.
EPA has placed the available data
regarding the health effects of this
chemical compound in Docket No.
OAR–2005–0124. EPA invites the public
to submit or identify peer-reviewed
studies and data, of which EPA may not
be aware, that assess results of early life
exposure to the chemical compound
HFE–7300.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer Advancement Act
of 1995 (‘‘NTTAA’’), Public Law 104–
113, section 12(d), (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB, with
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
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.
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
6733
Dated: February 3, 2006.
Stephen L. Johnson,
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: 23 U.S.C. 101; 42 U.S.C. 7401–
7641q.
§ 51.100
[Amended]
2. Section 51.100 is amended at the
end of paragraph (s)(1) introductory text
by removing the words ‘‘and methyl
formate (HCOOCH3), and
perfluorocarbon compounds which fall
into these classes:’’ and adding in their
place the words; ‘‘methyl formate
(HCOOCH3), 1,1,1,2,2,3,4,5,5,5decafluoro-3-methoxy-4trifluoromethyl-pentane (HFE–7300)
and perfluorocarbon compounds which
fall into these classes:’’.
[FR Doc. E6–1800 Filed 2–8–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 707 and 799
[EPA–HQ–OPPT–2005–0058; FRL–7752–2]
RIN 2070–AJ01
Export Notification; Proposed Change
to Reporting Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing
amendments to the Toxic Substances
Control Act (TSCA) section 12(b) export
notification regulations at subpart D of
40 CFR part 707. One amendment
would change the current annual
notification requirement to a one-time
requirement for exporters of chemical
substances or mixtures (hereinafter
referred to as ‘‘chemicals’’) for which
certain actions have been taken under
TSCA. Relatedly, for the same TSCA
actions, EPA is proposing to change the
current requirement that the Agency
notify foreign governments annually
after the Agency’s receipt of export
notifications from exporters to a
requirement that the Agency notify
foreign governments once after it
E:\FR\FM\09FEP1.SGM
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Agencies
[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Proposed Rules]
[Pages 6729-6733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1800]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[OAR-2005-0124; FRL-8030-1]
RIN 2060-AN34
Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of HFE-7300
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This action proposes to revise EPA's definition of volatile
organic compounds (VOC) for purposes of preparing State implementation
plans (SIPs) to attain the national ambient air quality standards
(NAAQS) for ozone under title I of the Clean Air Act (CAA). This
proposed revision would add 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane [also known as HFE-7300 or L-14787 or
C2F5CF(OCH3)CF(CF3)2
] to the list of compounds excluded from the definition of VOC on the
basis that this compound makes a negligible contribution to
tropospheric ozone formation. If you use or produce HFE-7300 and are
subject to EPA regulations limiting the use of VOC in your product,
limiting the VOC emissions from your facility, or otherwise controlling
your use of VOC for purposes related to attaining the ozone NAAQS, then
you will not count HFE-7300 as a VOC in determining whether you meet
these regulatory obligations. This action may also affect whether HFE-
7300 is considered as a VOC for State regulatory purposes, depending on
whether the State relies on EPA's definition of VOC. As a result, if
you are subject to certain Federal regulations limiting emissions of
VOCs, your emissions of HFE-7300 may not be regulated for some
purposes.
DATES: Comments on this proposal must be received by March 13, 2006.
Requests for a hearing must be submitted by February 24, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2005-
0124, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: Send e-mail to the EPA Docket Center at a-and-r-
Docket@epa.gov.
Fax: Send faxes to the EPA Docket Center at (202) 566-
1741.
Mail: Environmental Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Attn: Docket No.
OAR-2005-0124, ``Air Quality: Revision to Definition of Volatile
Organic Compounds--Exclusion of HFE-7300.'' Please include a total of
two copies.
Hand Delivery: EPA Docket Center, U.S. Environmental
Protection Agency, EPA West Building, Room B102, 1301 Constitution
Avenue, NW., Washington, DC. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. OAR-2005-0124.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http:/
/www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the EDOCKET index
at https://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material,
[[Page 6730]]
is not placed on the Internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
either electronically in EDOCKET or in hard copy at the EPA Docket
Center, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air Docket is (202) 566-1742.
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. David Sanders, Air Quality
Strategies and Standards Division (C539-02), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711, telephone (919)
541-3356. 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.
Interested persons may call Mr. Sanders to see if a hearing will be
held and the date and location of any hearing.
FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Strategies and Standards Division
(C539-02), Research Triangle Park, NC 27711, phone (919) 541-3356, or
by e-mail at sanders.dave@epa.gov.
SUPPLEMENTARY INFORMATION: This compound has potential for use as a
heat-transfer fluid. As a hydrofluoroether (HFE), this compound may be
used as an alternative to ozone-depleting substances. Under the
Significant New Alternatives Policy (SNAP) program (CAA 612; 40 CFR
part 82 subpart G), EPA may identify substitutes for ozone-depleting
compounds, evaluate the acceptability of these substitutes, determine
as acceptable for use those substitutes believed to present lower
overall risks to human health and the environment (relative to the
class I and class II compounds being replaced, as well as to other
substitutes for the same end-use), and prohibit the use of those
substitutes found, based on the same comparisons, to increase overall
risks. Because they do not contain chlorine or bromine, they do not
deplete the ozone layer. All HFEs have an ozone depletion potential
(ODP) of 0 although some HFEs have high global warming potential (GWP).
According to a U.S. patent application submitted by 3M Innovative
Properties Company, the organic compound 1,1,1,2,2,3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
] that is the subject of this notice possesses the capacity to form
myriad azeotrope mixtures with other organic compounds such as 1-
bromopropane, hexamethyldisilazane, isobutyl acetate, methylisobutyl
ketone, trans-1,2-dichloroethylene, and trifluoromethylbenzene which
may not be exempt from VOC regulation. This patent application lists a
broad range of processes and applications where these azeotropes can be
used. Some of these azeotrope uses include: (1) Coating deposition
applications, where the azeotrope functions as a carrier for a coating
material, (2) heat-transfer fluids in heat-transfer processes, (3) to
clean organic and/or inorganic substrates, and (4) to formulate working
fluids or lubricants for machinery operations and manufacturing
processes.
The patent application indicated that the azeotrope mixtures can be
formulated at compositions of 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-
4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
] ranging from 1 to 100 percent, depending on the organic co-solvent
and the desired properties of the azeotrope.
I. Background
Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the atmosphere. Because of
the harmful health effects of ozone, EPA and State governments limit
the amount of VOC and NOX that can be released into the
atmosphere. Volatile organic compounds are those compounds of carbon
(excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides or carbonates, and ammonium carbonate) which form ozone
through atmospheric photochemical reactions. Compounds of carbon (also
known as organic compounds) have different levels of reactivity--that
is, they do not react at the same speed or do not form ozone to the
same extent. It has been EPA's policy that organic compounds with a
negligible level of reactivity need not be regulated to reduce ozone.
EPA determines whether a given organic compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. EPA lists these compounds in its regulations [at 40 CFR
51.100(s)] and excludes them from the definition of VOC. The chemicals
on this list are often called ``negligibly reactive'' organic
compounds.
On July 8, 1977, EPA published the ``Recommended Policy on Control
of Volatile Organic Compounds'' (42 FR 35314) which established the
basic policy that EPA has used regarding organic chemical photochemical
reactivity since that time. In that statement, EPA identified the
following four compounds as being of negligible photochemical
reactivity and said these should be exempt from regulation under SIPs:
Methane; ethane; 1,1,1-trichloroethane (methyl chloroform); and 1,1,2-
trichloro-1,2,2-trifluoroethane (CFC-113). That policy statement said
that as new information becomes available, EPA may periodically revise
the list of negligibly reactive compounds to add compounds to or delete
them from the list.
EPA's decision to exempt certain compounds in its 1977 policy was
heavily influenced by experimental smog chamber work done earlier in
the 1970's. In this experimental work, various compounds were injected
into a smog chamber at a molar concentration that was typical of the
total molar concentration of VOC in Los Angeles ambient air (4 ppmv).
As the compound was allowed to react with NOX at
concentrations of 0.2 ppm, the maximum ozone formed in the chamber was
measured. If the compound in the smog chamber did not result in ozone
formation of 0.08 ppm (0.08 ppm was the NAAQS for oxidants at that
time), it was assumed that emissions of the compound would not cause
the oxidant standard to be exceeded. The compound could then be
considered to be negligibly reactive. Ethane was the most reactive
compound tested that did not cause the 0.08 ppm ozone level in the smog
chamber to be met or exceeded. Based on those findings and judgments,
EPA designated ethane as negligibly reactive, and ethane became the
benchmark VOC species separating reactive from negligibly reactive
compounds.
Since 1977, the primary method for comparing the reactivity of a
specific compound to that of ethane has been to compare the
kOH values for ethane and the specific compound of interest.
The kOH value represents the molar rate constant for
reactions between the subject compound (e.g., ethane) and the hydroxyl
radical (i.e., OH). This reaction is very important since it is
the primary pathway by which most organic compounds initially
participate in atmospheric photochemical reaction processes. At this
time, EPA has exempted 53 compounds or classes of compounds with 4 of
these based on a new comparison using Maximum Incremental Reactivity
(MIR) values and
[[Page 6731]]
the remainder based on a comparison of kOH values.
On August 30, 2004, the Performance Chemicals and Fluid Division of
the 3M Company submitted to EPA a petition requesting that the compound
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane 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).
This compound would be used as a heat transfer liquid and for other
heat transfer applications. In its petition, 3M points out that it has
suggested HFE-7300 be used to reduce greenhouse gases resulting from
emissions of compounds such as hydroflurocarbons, perfluorocarbons, and
perfluoropolyethers in certain applications and, therefore, help reduce
global warming potential.
In support of 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane, 3M Company supplied information on its
photochemical reactivity. The 3M Company stated that, as a
hydrofluoroether, this compound is very similar in structure, toxicity,
and atmospheric properties to other compounds such as
C4F9OCH3,
(CH3)2CFCF2OCH3,
C4F9OC2H5,
(CH3)2CFCF2OC2H5,
n-C3F7OCH3, and
C3F7CF(OC2H5)CF(CF3
)2 which are exempt from the VOC definition.
Other information submitted by 3M Company consists mainly of a
peer-reviewed article entitled ``Atmospheric Chemistry of Some
Fluoroethers,'' Guschin, Molina, Molina: Massachusetts Institute of
Technology, May 1998,which has been submitted to the docket. This
article discusses a study in which the rate constant for the reaction
of the subject compound with the hydroxyl (OH) radical is shown to be
less than that for ethane and slightly more than that for methane. This
rate constant (kOH value) is commonly used as one measure of
the photochemical reactivity of compounds. The petitioner compared the
subject compound rate constant with that of ethane, which has already
been listed as photochemically negligibly reactive. The compound under
consideration has the reported kOH rate constant as listed
in Table 1 which is lower that that of ethane at 2.4 x
10-13. 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.
EPA has included the 3M Company Material Safety Data Sheet for HFE-
7300 indicating the compound as having very low toxicity. This
information has been placed in the docket.
Table 1.--Reaction Rate and Toxicity
----------------------------------------------------------------------------------------------------------------
MIR
Compound OH Radical at 25 [deg]C ---------------------------------------- Toxicity
(cm3/molecule/sec) mole gram
----------------------------------------------------------------------------------------------------------------
HFE-7300...................... 1.5 x 10-14 Not available Very low.
----------------------------------------------------------------------------------------------------------------
II. EPA Response to the Petition
For the petition submitted by the 3M Company, the data submitted by
the petitioners support the contention that the reactivity of the
compound submitted, with respect to reaction with the OH radical in the
atmosphere, is lower than that of ethane.
This notice to exempt 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
] as negligibly reactive from the VOC definition applies to this
compound only in its pure state and does not apply to any of its
azeotrope mixtures or organic blends in which any of the other
constituents are not VOC exempt compounds. The term ``pure state'' is
taken to mean at a composition purity level of at least 99.96 percent
by weight (cited in the patent application 10/739,231 published on June
23, 2005 titled ``Azeotrope-like Compositions and Their Use,''
Publication Number: US 2005/0137113 A1) of 1,1,1,2,2, 3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
]. For those azeotrope mixtures and organic blends which contain both
VOC exempt and non-exempt compounds, the amount of credit that can be
apportioned as VOC exempt credit is limited to the total molar fraction
of all the VOC exempt constituents contained in the mixture or blend.
EPA is responding to the petition by proposing in this action to
add 1,1, 1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(also known as HFE-7300) to the list of compounds appearing in 40 CFR
51.100(s).
III. Proposed Action
Today's proposed action is based on EPA's review of the material in
Docket No. OAR-2005-0124. EPA hereby proposes to amend its definition
of VOC at 40 CFR 51.100(s) to exclude HFE-7300 as VOC for ozone SIP and
ozone control purposes. 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 may not take
credit for controlling this compound in their ozone control strategy.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
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 is not
submitted to OMB for review under Executive Order 12866.
B. Paperwork Reduction Act
This action does not contain any information collection
requirements
[[Page 6732]]
subject to OMB review under the Paperwork Reduction Act, 44 U.S.C. 3501
et seq. It does not contain any recordkeeping or reporting requirement.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply, with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency does not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The control numbers for EPA(s
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
proposed rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
Today's proposed rule proposes to revise EPA's definition of
volatile organic compounds (VOC) for purposes of preparing State
implementation plans (SIPs) to attain the national ambient air quality
standards (NAAQS) for ozone under title I of the Clean Air Act (CAA).
This proposed revision would add 1,1,1,2,2,3,4,5,5,5-decafluoro-3-
methoxy-4-trifluoromethyl-pentane [also known as HFE-7300 or L-14787 or
[C2F5CF(OCH3)CF(CF3)2
] to the list of compounds excluded from the definition of VOC on the
basis that this compound makes a negligible contribution to
tropospheric ozone formation. We continue to be interested in the
potential impacts of the proposed rule on small entities and welcome
comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 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 promulgating 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 objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation 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 agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any 1 year. 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.
Thus, today's rule is not subject to the requirements of sections 202
and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This proposed action addressing the exemption of a chemical
compound from the VOC definition 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, as specified in
[[Page 6733]]
Executive Order 13132. This action does not impose any new mandates on
State or local governments. Thus, Executive Order 13132 does not apply
to this rule. In the spirit of Executive Order 13132, and consistent
with EPA policy to promote communications between EPA and State and
local governments, EPA specifically solicits comment on this proposed
rule from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This proposed rule does not have Tribal implications. It will not
have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
Today's action does not have any direct effects on Indian Tribes. Thus,
Executive Order 13175 does not apply to this rule. In the spirit of
Executive Order 13175, and consistent with EPA policy to promote
communications between EPA and Tribal governments, EPA specifically
solicits additional comment on this proposed rule from Tribal
officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
While this proposed rule is not subject to the Executive Order
because it is not economically significant as defined in Executive
Order 12866, EPA has reason to believe that ozone has a
disproportionate effect on active children who play outdoors (62 FR
38856; 38859, July 18, 1997). EPA has not identified any specific
studies on whether or to what extent the chemical compound may affect
children's health. EPA has placed the available data regarding the
health effects of this chemical compound in Docket No. OAR-2005-0124.
EPA invites the public to submit or identify peer-reviewed studies and
data, of which EPA may not be aware, that assess results of early life
exposure to the chemical compound HFE-7300.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (``NTTAA''), Public Law 104-113, section 12(d), (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, with explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
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.
Dated: February 3, 2006.
Stephen L. Johnson,
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: 23 U.S.C. 101; 42 U.S.C. 7401-7641q.
Sec. 51.100 [Amended]
2. Section 51.100 is amended at the end of paragraph (s)(1)
introductory text by removing the words ``and methyl formate (HCOOCH3),
and perfluorocarbon compounds which fall into these classes:'' and
adding in their place the words; ``methyl formate (HCOOCH3),
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(HFE-7300) and perfluorocarbon compounds which fall into these
classes:''.
[FR Doc. E6-1800 Filed 2-8-06; 8:45 am]
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