Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of a Group of Four Hydrofluoropolyethers (HFPEs), 9823-9828 [2013-03057]
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Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations
Dated: February 7, 2013.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and
Improvement.
[FR Doc. 2013–03210 Filed 2–11–13; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[EPA–HQ–OAR–2007–0089; FRL–9779–3]
RIN 2060–AO17
Air Quality: Revision to Definition of
Volatile Organic Compounds—
Exclusion of a Group of Four
Hydrofluoropolyethers (HFPEs)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action revises the
definition of volatile organic
compounds (VOCs) under the Clean Air
Act (CAA). This revision adds four
chemical compounds to the list of
compounds excluded from the
definition of VOC on the basis that each
of these compounds makes a negligible
contribution to tropospheric ozone
formation. These compounds consist of
four hydrofluoropolyethers (HFPEs)
which are identified as HCF2OCF2H
(also known as HFE–134),
HCF2OCF2OCF2H (also known as HFE–
236cal2), HCF2OCF2CF2OCF2H (also
known as HFE–338pcc13), and
HCF2OCF2OCF2CF2OCF2H (also known
as H-Galden 1040X or H-Galden ZT 130
(or 150 or 180)). If an entity uses or
produces any of these four HFPE
compounds (these being in the family of
products known by the trade name HGalden) and is subject to the EPA
regulations limiting the use of VOC in
a product, limiting the VOC emissions
from a facility, or otherwise controlling
the use of VOC for purposes related to
attaining the ozone national ambient air
quality standards (NAAQS), then the
compound will not be counted as a VOC
in determining whether these regulatory
obligations have been met. This action
may also affect whether any of these
compounds is considered a VOC for
state regulatory purposes, depending on
whether the state relies on the EPA’s
definition of VOC. In addition, the EPA
is making certain technical corrections
to the current list of exempt
compounds.
DATES: The final rule is effective on
March 14, 2013.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
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SUMMARY:
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No. EPA–HQ–OAR–2007–0089. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Docket ID No. EPA–HQ–OAR–2007–
0089, EPA/DC, EPA West, Room 3334,
1301 Constitution Avenue, Northwest,
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 and Radiation Docket is (202)
566–1742.
FOR FURTHER INFORMATION CONTACT:
David Sanders, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, State and Local
Programs Group, Mail Code (C539–01),
Environmental Protection Agency,
Research Triangle Park, N.C. 27711;
telephone (919) 541–3356 or fax (919)
541–0824; and email address:
sanders.dave@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected by this
final rule include, but are not
necessarily limited to, states (typically
state air pollution control agencies) that
control VOCs, and industries listed in
the following table involved in the
manufacture or use of fire suppressants
and specialized refrigerants in
secondary loop refrigeration systems for
heat transfer. Table 1 is not intended to
be exhaustive, but rather provides a
guide for readers regarding entities
likely to be affected by this action. This
table lists the types of entities that the
EPA is now aware of that could
potentially be affected by this action.
Other types of entities not listed in the
table could also be affected. 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.
This action has no substantial direct
effects on industry because it does not
impose any new mandates on these
entities, but, to the contrary, removes
these four HFPEs from the regulatory
definition of VOC.
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9823
This final rule is applicable to all
manufacturers, distributors and users of
these chemical compounds as identified
in Table 1.
TABLE 1—POTENTIALLY AFFECTED
REGULATED CATEGORIES AND ENTITIES
Industry
group
SIC a
Fire Suppression
Refrigerants ..
2899
NAICS b
325998, 423990
2869, 3585
238220,
336111
a Standard
b North
Industrial Classification.
American Industry Classification
System.
B. How is this preamble organized?
The information presented in this
preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. How is this preamble organized?
II. Proposed Action
A. The EPA’s VOC Exemption Policy
B. Petition to List the Following
Compounds as Exempt: HCF2OCF2H
(HFE 134), HCF2OCF2OCF2H (HFE–
236cal2), HCF2OCF2CF2OCF2H (HFE–
338pcc13), and
HCF2OCF2OCF2CF2OCF2H (H-Galden
1040X and H-Galden ZT 130 (or 150 or
180))
C. Likelihood of Risk to Human Health or
the Environment
D. Conclusion
III. Public Comments
IV. Final Action
V. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory
Planning and Executive Order 13563:
Improving Regulation and Regulatory
Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health and
Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Judicial Review
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II. Proposed Action
A. The EPA’s VOC Exemption Policy
Tropospheric ozone, commonly
known as smog, is formed when VOCs
and nitrogen oxides (NOX) react in the
atmosphere in the presence of sunlight.
Because of the harmful health effects of
ozone, the EPA and state governments
limit the amount of VOCs that can be
released into the atmosphere. VOCs are
those organic compounds of carbon
which form ozone through atmospheric
photochemical reactions. Different
VOCs have different levels of reactivity.
That is, they do not react to form ozone
at the same speed or do not form ozone
to the same extent. Some VOCs react
slowly or form less ozone; therefore,
changes in their emissions have limited
effects on local or regional ozone
pollution episodes. It has been the
EPA’s policy that organic compounds
with a negligible level of reactivity
should be excluded from the regulatory
VOC definition so as to focus VOC
control efforts on compounds that do
significantly increase ozone
concentrations. The EPA also believes
that exempting such compounds creates
an incentive for industry to use
negligibly reactive compounds in place
of more highly reactive compounds that
are regulated as VOCs. The EPA lists
compounds that it has determined to be
negligibly reactive in its regulations as
being excluded from the definition of
VOC (40 CFR 51.100(s)).
The CAA requires the regulation of
VOCs for various purposes. Section
302(s) of the CAA specifies that the EPA
has the authority to define the meaning
of ‘‘VOC,’’ and hence what compounds
shall be treated as VOCs for regulatory
purposes. The policy of excluding
negligibly reactive compounds from the
VOC definition was first set forth in the
‘‘Recommended Policy on Control of
Volatile Organic Compounds’’ (42 FR
35314, July 8, 1977) and was
supplemented most recently with the
‘‘Interim Guidance on Control of
Volatile Organic Compounds in Ozone
State Implementation Plans’’ (Interim
Guidance) (70 FR 54046, September 13,
2005). The EPA uses the reactivity of
ethane as the threshold for determining
whether a compound has negligible
reactivity. Compounds that are less
reactive than, or equally reactive to,
ethane under certain assumed
conditions may be deemed negligibly
reactive and therefore suitable for
exemption from the regulatory
definition of VOC. Compounds that are
more reactive than ethane continue to
be considered VOCs for regulatory
purposes and therefore are subject to
control requirements. The selection of
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ethane as the threshold compound was
based on a series of smog chamber
experiments that underlay the 1977
policy.
The EPA has used three different
metrics to compare the reactivity of a
specific compound to that of ethane: (i)
the reaction rate constant (known as
kOH) with the hydroxyl radical (OH); (ii)
the maximum incremental reactivity
(MIR) on a reactivity per unit mass
basis; and (iii) the MIR expressed on a
reactivity per mole basis. Differences
between these three metrics are
discussed below.
The kOH is the reaction rate constant
of the compound with the OH radical in
the air. This reaction is typically the
first step in a series of chemical
reactions by which a compound breaks
down in the air and participates in the
ozone-forming process. If this step is
slow, the compound will likely not form
ozone at a very fast rate. The kOH values
have long been used by the EPA as a
metric of photochemical reactivity and
ozone-forming activity, and they have
been the basis for most of the EPA’s
previous exclusions of negligibly
reactive compounds from the regulatory
definition of VOC. The kOH metric is
inherently a molar-based comparison,
i.e., it measures the rate at which
molecules react.
The MIR, both by mole and by mass,
is a more recently developed metric of
photochemical reactivity derived from a
computer-based photochemical model.
This metric considers the complete
ozone forming activity of a compound
on a single day, not merely the first
reaction step. 1
The MIR values for compounds are
typically expressed as grams of ozone
formed per gram of VOC (mass basis),
but may also be expressed as grams of
ozone formed per mole of VOC (molar
basis). For comparing the reactivities of
two compounds, using the molar-based
MIR values considers an equal number
of molecules of the two compounds.
Alternatively, using the mass-based MIR
values compares an equal mass of the
two compounds, which will involve
different numbers of molecules,
depending on the relative molecular
weights. The molar-based MIR
comparison is consistent with the
original smog chamber experiments that
underlie the original selection of ethane
as the threshold compound, in that
these experiments compared equal
molar concentrations of individual
1 Further explanation of the MIR metric can be
found in: W. P. L. Carter, ‘‘Development of Ozone
Reactivity Scales for Volatile Organic
Compositions,’’ Journal of the Air & Waste
Management Association, Vol. 44, 881–899, July
1994.
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VOCs. It is also consistent with previous
reactivity determinations based on kOH
values, which are inherently molarbased. By contrast, the mass-based MIR
comparison is more consistent with how
MIR values and other reactivity metrics
have been applied in reactivity-based
emission limits, such as the national
VOC emissions standards for aerosol
coatings (40 CFR part 59 subpart E).
Many other VOC regulations contain
limits based upon a weight of VOC per
volume of product, such as the EPA’s
regulations for limiting VOC emissions
from architectural coatings (40 CFR part
59 subpart D). However, the fact that
regulations are structured to measure
VOC content by weight for ease of
implementation and enforcement does
not necessarily control whether VOC
exemption decisions should be made on
a weight basis as well.
The choice of the molar basis versus
the mass basis for the ethane
comparison can be significant. In some
cases, a compound might be considered
less reactive than ethane under the mass
basis but not under the molar basis. For
compounds with molecular weights
higher than that of ethane, use of the
mass basis results in more VOCs being
classified as less reactive than ethane
than use of the molar basis.
B. Petition To List the Following
Compounds as Exempt: HCF2OCF2H
(HFE 134), HCF2OCF2OCF2H (HFE–
236cal2), HCF2OCF2CF2OCF2H (HFE–
338pcc13), and
HCF2OCF2OCF2CF2OCF2H (H-Galden
1040X and H-Galden ZT 130 (or 150 or
180))
On February 10, 2005, Solvay Solexis,
Incorporated submitted to the EPA a
petition requesting that four compounds
in the family of products known by the
trade name H-Galden be added to the
list of compounds that are considered to
be negligibly reactive in the definition
of VOC at 40 CFR 51.100(s). These four
compounds—HCF2OCF2H (HFE–134),
HCF2OCF2OCF2H (HFE–236cal2),
HCF2OCF2CF2OCF2H (HFE–338pcc13),
and HCF2OCF2OCF2CF2OCF2H (HGalden 1040X and H-Galden ZT 130 (or
150 or 180))—can be used in some heat
transfer applications (as refrigerants)
and as fire suppressants.
With respect to the photochemical
reactivity of the H-Galden compounds,
Solvay Solexis, Incorporated provided
information on the photochemical
reactivity of its chemical compounds as
measured by each compound’s kOH rate
constant. Measurements of the reaction
rate of HCF2OCF2H (HFE–134) with OH
have been estimated at 298 K to be 2.3
×10¥15 (cm3/molecule-sec). This rate
constant is highly temperature
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dependent and decreases at lower
temperatures. The calculated reaction
rates for the three additional HFPEs as
submitted by Solvay Solexis are
2.4×0¥15 (cm3/molecule-sec) for HFE–
236cal2, 4.7×0¥15 (cm3/molecule-sec)
for HFE–338pcc13, and 4.9×0¥15 (cm3/
molecule-sec) for H-Galden 1040X.2 The
kOH values for these four HFPEs are
significantly lower than the reaction rate
for ethane which has a kOH value of
2.4×0¥13 (cm3/molecule-sec) at 298 K.
The scientific information that the
petitioner submitted in support of the
petition has been added to the docket
for this rulemaking. This docketed
information includes journal articles
where the rate constant values can be
found. Solvay Solexis, Incorporated
submitted the following articles in
support of its petition: (1)
‘‘Tropospheric Degradation Products of
Novel Hydrofluoropolyethers,’’ Tuazon,
Environmental Science & Technology,
University of California, Riverside, May
1997; (2) ‘‘Hydrofluoropolyethers,’’
Marchionni, Silvani, Fontana,
Malinverno, Visca, Journal of Fluorine
Chemistry, Ausimont SpA, R & D
Centre, 1999; and (3) ‘‘Toxicological
9825
Profile of Hydrofluoropolyethers,’’
Malinverno, Colombo, Visca, Regulatory
Toxicology and Pharmacology,
December, 2004.
Table 2 summarizes the information
provided by the petitioner regarding the
photochemical reactivity of the
compounds under consideration. The
data submitted by the petitioner support
the contention that the reactivity of
these compounds, with respect to
reaction with the OH radical in the
atmosphere, is lower than that of
ethane.
TABLE 2—SUMMARY OF REACTION RATES WITH OH (KOH) REACTION RATE CONSTANT COMPARED TO ETHANE
kOH
(cm3/(moleculesec))
Chemical formula
CAS Number
Name
C2H6 .......................................................................................
HCF2OCF2H ...........................................................................
HCF2OCF2OCF2H ..................................................................
HCF2OCF2CF2OCF2H ...........................................................
HCF2OCF2OCF2CF2OCF2H ..................................................
74–84–0
1691–17–4
78522–47–1
188690–78–0
188690–77–9
Ethane ...................................
HFE–134 ...............................
HFE–236ca12 ........................
HFE–338pcc13 ......................
H-Galden 1040X ....................
2.4
2.3
2.4
4.7
4.6
×
×
×
×
×
10¥13
10¥15
10¥15
10¥15
10¥15
kOH ratio
relative to
ethane
1.00
0.01
0.01
0.02
0.02
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Notes:
1. kOH value for ethane is from: Atkinson, R., Baulch, D. L., Cox, R. A., Crowley, J. N., Hampson, Jr., R. F., Hynes, R. G., Jenkin, M. E., Kerr,
J. A., Rossi, M. J., and Troe J. (2006) Evaluated kinetic and photochemical data for atmospheric chemistry: Volume II—gas phase reactions of
organic species. Atmos. Chem. Phys. 6, 3625–4055.
2. kOH values for the four compounds being exempted are from: G. Marchionni, R. Silvani, G. Fontana, G. Malinverno, M. Visca,
‘‘Hydrofluoropolyethers.’’ Journal of Fluorine Chemistry, 95 (1999) 41–50.
C. Likelihood of Risk to Human Health
or the Environment
Information in the Solvay Solexis,
Incorporated petition and its reference
material indicates that the four HFPEs
have low acute toxicity, no irritation or
skin sensitization, and no detectable
genotoxic activity in vitro or in vivo.
The HFPEs show a similarly low
potential for developmental toxicity.
This toxicity information has been
placed in the docket for this rulemaking.
Because HFPEs do not contain
chlorine or bromine, these compounds
do not contribute to the depletion of the
ozone layer and have ozone depletion
potential values of zero. In both the
refrigeration and fire suppressant end
uses, these HFPEs would be used as
substitutes for ozone-depleting
substances (ODS). All ODS substitutes
must undergo review by the EPA’s
Significant New Alternatives Policy
(SNAP) Program. The SNAP Program is
EPA’s program to evaluate and regulate
substitutes for the ozone-depleting
chemicals that are being phased out
under the stratospheric ozone protection
provisions of the CAA. In section 612(c)
of the CAA, the agency is authorized to
identify and publish lists of acceptable
and unacceptable substitutes for class I
or class II ozone-depleting substances.3
The EPA’s SNAP program has evaluated
the use of these four H-Galden HFPEs
and found acceptable their use as fire
suppressants in non-residential
applications, in place of Halon 1211 (68
FR 4004, January 27, 2003). However,
the SNAP program has not approved HGalden HFPEs for certain other uses
(i.e., solvent, aerosol propellant, foam
blowing, and refrigeration). There
currently is no submission pending
review to list these substances as
substitutes in other uses. Thus, at this
time, it would be a violation of the CAA
and the SNAP program regulations for
any person to introduce H-Galden
HFPEs into interstate commerce for use
in other end uses regulated by the SNAP
program. H-Galden HFPEs may be used
in non-mechanical heat transfer as a
secondary refrigerant in secondary-loop
refrigeration systems without approval
from SNAP; the EPA does not list, and
does not currently require notification
for, compounds that are used only as a
secondary fluid in secondary-loop
refrigeration systems (62 FR 10702;
March 10, 1997).
Table 3 shows the 20 and 100 year
global warning potentials (GWPs) of
these four compounds relative to carbon
dioxide (CO2) as reported by the
Intergovernmental Panel on Climate
Change. These GWP–100 levels are
comparable to mid-range levels
associated with some chemical
compounds that have previously been
exempted from the VOC definition,
which range from 23 to 12,000. In the
January 27, 2003, SNAP rule, the EPA
noted that despite their relatively high
GWP values, the use of H Galden HFPEs
was anticipated to have a smaller to
comparable impact on global warming
than the hydrofluorocarbons historically
used in the same fire suppression
application. Overall, the EPA concluded
that H Galden HFPEs reduce risk
compared to halon 1211, the ODS they
replace.
2 Although the petition listed H-Galden 1040X as
having a kOH value of 4.9×0¥15 (cm3/molecule-sec)
and the preamble to the proposed rule contained
this value, EPA has found the actual value to be
4.6×0¥15 (cm3/molecule-sec) according to the
petitioner’s reference (2) in the following paragraph.
3 Information on the SNAP program can be found
on the following Web page: www.epa.gov/ozone/
snap.
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TABLE 3—SUMMARY OF GLOBAL WARMING POTENTIALS RELATIVE TO CO2 OVER 20 AND 100 YEARS FOR THE FOUR
COMPOUNDS BEING CONSIDERED FOR VOC EXEMPTIONS.
GWP
relative to CO2
(20 years)1
Chemical formula
CAS Number
Name
HCF2OCF2H ..................................................................
HCF2OCF2OCF2H .........................................................
HCF2OCF2CF2OCF2H ...................................................
2OCF2OCF2CF2OCF2H .................................................
CO2 ................................................................................
1691–17–4
78522–47–1
188690–78–0
188690–77–9
124–38–9
HFE–134 ..........................................
HFE–236ca12 ..................................
HFE–338pcc13 ................................
H-Galden 1040X ..............................
Carbon dioxide .................................
GWP
relative to CO2
(100 years)
12200
8000
5100
6320
1
6320
2800
1500
1870
1
Note:
1. Forster, P., V. Ramaswamy, P. Artaxo, T. Berntsen, R. Betts, D.W. Fahey, J. Haywood, J. Lean, DC Lowe, G. Myhre, J. Nganga, R. Prinn,
G. Raga, M. Schulz and R. Van Dorland, 2007: Changes in Atmospheric Constituents and in Radiative Forcing. In: Climate Change 2007: The
Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change
[Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge,
United Kingdom and New York, NY, USA.
Having considered the available
information on the likelihood of risk to
human health or the environment from
increased use of the chemicals
considered here, we believe that current
regulation of these compounds under
other EPA programs adequately protects
human health and the environment.
D. Conclusion
For all four compounds, the EPA
proposed that (a) these chemicals
qualify as negligibly reactive with
respect to their contribution to
tropospheric ozone formation, and (b)
any non-tropospheric ozone-related
risks associated with potential increased
use are adequately addressed by other
existing programs and policies.
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III. Public Comments
We received no comments from the
public.
IV. Final Action
The EPA is amending its definition of
VOC at 40 CFR 51.100(s) to exclude a
group of four HFPE’s identified as
HCF2OCF2H (known as HFE–134),
HCF2OCF2OCF2H (known as HFE–
236cal2), HCF2OCF2CF2OCF2H (known
as HFE–338pcc13), and
HCF2OCF2OCF2CF2OCF2H (known as HGalden 1040X and also H-Galden ZT
130 (or 150 or 180)) as VOCs for ozone
state implementation plans (SIP) and
ozone control purposes. Consistent with
the Interim Guidance, the EPA’s final
action on the petition is based on a
consideration of the contribution that
each chemical makes to tropospheric
ozone formation based on a comparison
of reactivity metrics and on our
assessment that existing programs or
policies already adequately address the
possibility that granting the petition
would pose a significant risk to human
health or the environment.
If an entity uses or produces any of
these four HFPE compounds and is
subject to the EPA regulations limiting
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the use of VOC in a product, limiting
the VOC emissions from a facility, or
otherwise controlling the use of VOC for
purposes related to attaining the ozone
NAAQS, then the compound will not be
counted as a VOC in determining
whether these regulatory obligations
have been met. Emissions of this
compound will not be considered in
determining whether a proposed new or
modified source triggers the
applicability of Prevention of
Significant Deterioration (PSD)
requirements, in areas where the PSD
program is implemented by the EPA or
a delegated state, local or tribal agency.
This action may also affect whether any
of these four HFPE compounds are
considered as VOCs for state regulatory
purposes to reduce ozone formation, if
a state relies on the EPA’s definition of
VOC. States are not obligated to exclude
from control as a VOC those compounds
that the EPA has found to be negligibly
reactive. However, states may not take
credit for controlling these compounds
in their ozone control strategies.
The EPA is also amending its
definition of VOC at 40 CFR 51.100(s) to
make for clarity technical corrections to
the current list of exempt compounds at
40 CFR 51.100(s)(1) by replacing several
commas separating individual
compounds with semicolons and by
removing the erroneous ‘‘(1)’’ notation
in ‘‘(1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl-pentane
(HFE–7300)’’ so that it reads
‘‘1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl-pentane
(HFE–7300).’’
V. Statutory and Executive Orders
Reviews
A. Executive Orders 12866: Regulatory
Planning and Executive Order 13563:
Improving Regulation and Regulatory
Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
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Executive Order 12866 (58 FR 51735,
October 4, 1993), and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. 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. Burden is
defined at 5 CFR 1320.3(b). It does not
contain any recordkeeping or reporting
requirements.
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 final 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 this
final rule on small entities, small entity
is defined as: (1) A small business that
is a small industrial entity as defined in
the U.S. Small Business Administration
(SBA) size standards. (See 13 CFR 121.);
(2) A 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-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
This final rule will not impose any
requirements on small entities.
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D. Unfunded Mandates Reform Act
This action contains no federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for state, local, or tribal
governments or the private sector. The
action imposes no enforceable duty on
any state, local or tribal governments or
the private sector. Therefore, this action
is not subject to the requirements of
sections 202 and 205 of the UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments.
E. Executive Order 13132: Federalism
This action 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
Executive Order 13132. This final action
addresses the exemption of a set of
chemical compounds from the VOC
definition. Thus, Executive Order 13132
does not apply to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). 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.
Thus, Executive Order 13175 does not
apply to this rule.
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G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997) because it is not economically
significant as defined in EO 12866. This
action’s health and risk assessments are
contained in section II.C. of this
preamble and within the docket for this
rulemaking. While this final rule is not
subject to the Executive Order, the EPA
has reason to believe that ozone has a
disproportionate effect on active
children who play outdoors (62 FR
38856–38859, July 18, 1997). The EPA
has not identified any specific studies
on whether or to what extent the
VerDate Mar<15>2010
15:05 Feb 11, 2013
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chemical compound may affect
children’s health.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d), (15 U.S.C. 272
note) directs the 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
the EPA to provide Congress, through
OMB, with explanations when the
agency decides not to use available and
applicable voluntary consensus
standards. This final rulemaking does
not involve technical standards.
Therefore, the EPA is not considering
the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
final rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
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9827
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of
Congress and to the Comptroller General
of the United States. EPA will submit 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 United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective on March 14, 2013.
L. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit Court within 60 days
from the date the final action is
published in the Federal Register.
Filing a petition for review by the
Administrator of this final action does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review must be
final, and shall not postpone the
effectiveness of such action. Thus, any
petitions for review of this action
related to the exemption of HCF2OCF2H
(known as HFE–134), HCF2OCF2OCF2H
(known as HFE–236cal2),
HCF2OCF2CF2OCF2H (known as HFE–
338pcc13), and
HCF2OCF2OCF2CF2OCF2H (known as HGalden 1040X and also H-Galden ZT
130 (or 150 or 180)) from the definition
of VOC must be filed in the Court of
Appeals for the District of Columbia
Circuit within 60 days from the date
final action is published in the Federal
Register.
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 4, 2013.
Lisa P. Jackson,
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:
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Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations
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, 7411, 7412,
7413, 7414, 7470–7479, 7501–7508, 7601,
and 7602.
§ 51.100—[Amended]
2. Section 51.100 is amended at the
end of paragraph (s)(1) introductory text
by removing the words ‘‘methyl acetate,
1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (n-C3F7OCH3, HFE–7000), 3ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6dodecafluoro-2-(trifluoromethyl) hexane
(HFE–7500), 1,1,1,2,3,3,3heptafluoropropane (HFC 227ea),
methyl formate (HCOOCH3), (1)
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl-pentane
(HFE–7300); propylene carbonate;
dimethyl carbonate; trans-1,3,3,3tetrafluoropropene; and perfluorocarbon
compounds which fall into these
■
classes:’’ and adding in their place the
words ‘‘methyl acetate; 1,1,1,2,2,3,3heptafluoro-3-methoxy-propane (nC3F7OCH3, HFE–7000); 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2(trifluoromethyl) hexane (HFE–7500);
1,1,1,2,3,3,3-heptafluoropropane (HFC
227ea); methyl formate (HCOOCH3);
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl-pentane
(HFE–7300); propylene carbonate;
dimethyl carbonate; trans-1,3,3,3tetrafluoropropene; HCF2OCF2H (HFE–
134); HCF2OCF2OCF2H (HFE–236cal2);
HCF2OCF2CF2OCF2H (HFE–338pcc13);
HCF2OCF2OCF2CF2OCF2H (H-Galden
1040x or H-Galden ZT 130 (or 150 or
180)); and perfluorocarbon compounds
which fall into these classes:’’.
Approval and Promulgation of
Implementation Plans; New Mexico;
Albuquerque/Bernalillo County:
Infrastructure and Interstate Transport
Requirements for the 1997 and 2008
Ozone and the 1997 and 2006 PM2.5
NAAQS
[FR Doc. 2013–03057 Filed 2–11–13; 8:45 am]
§ 52.1620
BILLING CODE 6560–50–P
Due to an error in the EPA approval
date, the table entitled ‘‘EPA–
APPROVED ALBUQUERQUE/
BERNALILLO COUNTY, NM
REGULATIONS’’ on pages 58034 and
58035 is being reprinted in its entirety
to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2009–0648; FRL–9728–7]
Correction
In rule document 2012–22975
beginning on page 58032 in the issue of
Wednesday, September 19, 2012, make
the following corrections:
■
[Corrected]
EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State citation
State
approval/effective date
Title/subject
EPA approval date
Explanation
New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality
Control Board
*
*
Part 8 (20.11.8 NMAC) ...........
*
*
*
Ambient Air Quality Standards.
*
Part 61 (20.11.61 NMAC) .......
*
*
*
8/12/2009
*
*
*
[FR Doc. C1–2012–22975 Filed 2–11–13; 8:45 am]
BILLING CODE 1505–01–D
1/10/2011
*
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
pmangrum on DSK3VPTVN1PROD with RULES
RIN 0920–AA47
Establishment of User Fees for
Filovirus Testing of Nonhuman Primate
Liver Samples
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
AGENCY:
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*
*
ACTION:
*
Final rule.
The Centers for Disease
Control and Prevention (CDC), located
within the Department of Health and
Human Services (HHS), is amending
regulations for the importation of live
nonhuman primates (NHPs) by
establishing a user fee for filovirus
testing of all nonhuman primates that
die during the HHS/CDC-required 31day quarantine period for any reason
other than trauma. We are amending the
regulations to establish a filovirus
testing service at HHS/CDC, because
SUMMARY:
[Docket No. CDC–2012–0002]
15:05 Feb 11, 2013
*
September 19, 2012, [Insert
FR page number where
document begins].
42 CFR Part 71
VerDate Mar<15>2010
*
September 19, 2012, [Insert
FR page number where
document begins].
*
Prevention of Significant Deterioration.
*
*
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]]>Agencies
[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9823-9828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03057]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2007-0089; FRL-9779-3]
RIN 2060-AO17
Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of a Group of Four Hydrofluoropolyethers (HFPEs)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the definition of volatile organic
compounds (VOCs) under the Clean Air Act (CAA). This revision adds four
chemical compounds to the list of compounds excluded from the
definition of VOC on the basis that each of these compounds makes a
negligible contribution to tropospheric ozone formation. These
compounds consist of four hydrofluoropolyethers (HFPEs) which are
identified as HCF2OCF2H (also known as HFE-134),
HCF2OCF2OCF2H (also known as HFE-
236cal2), HCF2OCF2CF2OCF2H
(also known as HFE-338pcc13), and
HCF2OCF2OCF2CF2OCF2
H (also known as H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)). If
an entity uses or produces any of these four HFPE compounds (these
being in the family of products known by the trade name H-Galden) and
is subject to the EPA regulations limiting the use of VOC in a product,
limiting the VOC emissions from a facility, or otherwise controlling
the use of VOC for purposes related to attaining the ozone national
ambient air quality standards (NAAQS), then the compound will not be
counted as a VOC in determining whether these regulatory obligations
have been met. This action may also affect whether any of these
compounds is considered a VOC for state regulatory purposes, depending
on whether the state relies on the EPA's definition of VOC. In
addition, the EPA is making certain technical corrections to the
current list of exempt compounds.
DATES: The final rule is effective on March 14, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2007-0089. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Docket ID No. EPA-HQ-OAR-
2007-0089, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue,
Northwest, 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 and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Policy Division, State and Local
Programs Group, Mail Code (C539-01), Environmental Protection Agency,
Research Triangle Park, N.C. 27711; telephone (919) 541-3356 or fax
(919) 541-0824; and email address: sanders.dave@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected by this final rule include, but are
not necessarily limited to, states (typically state air pollution
control agencies) that control VOCs, and industries listed in the
following table involved in the manufacture or use of fire suppressants
and specialized refrigerants in secondary loop refrigeration systems
for heat transfer. Table 1 is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be affected
by this action. This table lists the types of entities that the EPA is
now aware of that could potentially be affected by this action. Other
types of entities not listed in the table could also be affected. 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. This action has no substantial
direct effects on industry because it does not impose any new mandates
on these entities, but, to the contrary, removes these four HFPEs from
the regulatory definition of VOC.
This final rule is applicable to all manufacturers, distributors
and users of these chemical compounds as identified in Table 1.
Table 1--Potentially Affected Regulated Categories and Entities
------------------------------------------------------------------------
Industry group SIC \a\ NAICS \b\
------------------------------------------------------------------------
Fire Suppression........................ 2899 325998, 423990
Refrigerants............................ 2869, 3585
238220,
336111
------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Industry Classification System.
B. How is this preamble organized?
The information presented in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. How is this preamble organized?
II. Proposed Action
A. The EPA's VOC Exemption Policy
B. Petition to List the Following Compounds as Exempt:
HCF2OCF2H (HFE 134),
HCF2OCF2OCF2H (HFE-236cal2),
HCF2OCF2CF2OCF2H (HFE-
338pcc13), and
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040X and H-Galden ZT 130 (or 150 or 180))
C. Likelihood of Risk to Human Health or the Environment
D. Conclusion
III. Public Comments
IV. Final Action
V. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Executive
Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Judicial Review
[[Page 9824]]
II. Proposed Action
A. The EPA's VOC Exemption Policy
Tropospheric ozone, commonly known as smog, is formed when VOCs and
nitrogen oxides (NOX) react in the atmosphere in the
presence of sunlight. Because of the harmful health effects of ozone,
the EPA and state governments limit the amount of VOCs that can be
released into the atmosphere. VOCs are those organic compounds of
carbon which form ozone through atmospheric photochemical reactions.
Different VOCs have different levels of reactivity. That is, they do
not react to form ozone at the same speed or do not form ozone to the
same extent. Some VOCs react slowly or form less ozone; therefore,
changes in their emissions have limited effects on local or regional
ozone pollution episodes. It has been the EPA's policy that organic
compounds with a negligible level of reactivity should be excluded from
the regulatory VOC definition so as to focus VOC control efforts on
compounds that do significantly increase ozone concentrations. The EPA
also believes that exempting such compounds creates an incentive for
industry to use negligibly reactive compounds in place of more highly
reactive compounds that are regulated as VOCs. The EPA lists compounds
that it has determined to be negligibly reactive in its regulations as
being excluded from the definition of VOC (40 CFR 51.100(s)).
The CAA requires the regulation of VOCs for various purposes.
Section 302(s) of the CAA specifies that the EPA has the authority to
define the meaning of ``VOC,'' and hence what compounds shall be
treated as VOCs for regulatory purposes. The policy of excluding
negligibly reactive compounds from the VOC definition was first set
forth in the ``Recommended Policy on Control of Volatile Organic
Compounds'' (42 FR 35314, July 8, 1977) and was supplemented most
recently with the ``Interim Guidance on Control of Volatile Organic
Compounds in Ozone State Implementation Plans'' (Interim Guidance) (70
FR 54046, September 13, 2005). The EPA uses the reactivity of ethane as
the threshold for determining whether a compound has negligible
reactivity. Compounds that are less reactive than, or equally reactive
to, ethane under certain assumed conditions may be deemed negligibly
reactive and therefore suitable for exemption from the regulatory
definition of VOC. Compounds that are more reactive than ethane
continue to be considered VOCs for regulatory purposes and therefore
are subject to control requirements. The selection of ethane as the
threshold compound was based on a series of smog chamber experiments
that underlay the 1977 policy.
The EPA has used three different metrics to compare the reactivity
of a specific compound to that of ethane: (i) the reaction rate
constant (known as kOH) with the hydroxyl radical (OH); (ii)
the maximum incremental reactivity (MIR) on a reactivity per unit mass
basis; and (iii) the MIR expressed on a reactivity per mole basis.
Differences between these three metrics are discussed below.
The kOH is the reaction rate constant of the compound
with the OH radical in the air. This reaction is typically the first
step in a series of chemical reactions by which a compound breaks down
in the air and participates in the ozone-forming process. If this step
is slow, the compound will likely not form ozone at a very fast rate.
The kOH values have long been used by the EPA as a metric of
photochemical reactivity and ozone-forming activity, and they have been
the basis for most of the EPA's previous exclusions of negligibly
reactive compounds from the regulatory definition of VOC. The
kOH metric is inherently a molar-based comparison, i.e., it
measures the rate at which molecules react.
The MIR, both by mole and by mass, is a more recently developed
metric of photochemical reactivity derived from a computer-based
photochemical model. This metric considers the complete ozone forming
activity of a compound on a single day, not merely the first reaction
step. \1\
---------------------------------------------------------------------------
\1\ Further explanation of the MIR metric can be found in: W. P.
L. Carter, ``Development of Ozone Reactivity Scales for Volatile
Organic Compositions,'' Journal of the Air & Waste Management
Association, Vol. 44, 881-899, July 1994.
---------------------------------------------------------------------------
The MIR values for compounds are typically expressed as grams of
ozone formed per gram of VOC (mass basis), but may also be expressed as
grams of ozone formed per mole of VOC (molar basis). For comparing the
reactivities of two compounds, using the molar-based MIR values
considers an equal number of molecules of the two compounds.
Alternatively, using the mass-based MIR values compares an equal mass
of the two compounds, which will involve different numbers of
molecules, depending on the relative molecular weights. The molar-based
MIR comparison is consistent with the original smog chamber experiments
that underlie the original selection of ethane as the threshold
compound, in that these experiments compared equal molar concentrations
of individual VOCs. It is also consistent with previous reactivity
determinations based on kOH values, which are inherently
molar-based. By contrast, the mass-based MIR comparison is more
consistent with how MIR values and other reactivity metrics have been
applied in reactivity-based emission limits, such as the national VOC
emissions standards for aerosol coatings (40 CFR part 59 subpart E).
Many other VOC regulations contain limits based upon a weight of VOC
per volume of product, such as the EPA's regulations for limiting VOC
emissions from architectural coatings (40 CFR part 59 subpart D).
However, the fact that regulations are structured to measure VOC
content by weight for ease of implementation and enforcement does not
necessarily control whether VOC exemption decisions should be made on a
weight basis as well.
The choice of the molar basis versus the mass basis for the ethane
comparison can be significant. In some cases, a compound might be
considered less reactive than ethane under the mass basis but not under
the molar basis. For compounds with molecular weights higher than that
of ethane, use of the mass basis results in more VOCs being classified
as less reactive than ethane than use of the molar basis.
B. Petition To List the Following Compounds as Exempt:
HCF2OCF2H (HFE 134),
HCF2OCF2OCF2H (HFE-236cal2),
HCF2OCF2CF2OCF2H (HFE-
338pcc13), and
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040X and H-Galden ZT 130 (or 150 or 180))
On February 10, 2005, Solvay Solexis, Incorporated submitted to the
EPA a petition requesting that four compounds in the family of products
known by the trade name H-Galden be added to the list of compounds that
are considered to be negligibly reactive in the definition of VOC at 40
CFR 51.100(s). These four compounds--HCF2OCF2H
(HFE-134), HCF2OCF2OCF2H (HFE-
236cal2), HCF2OCF2CF2OCF2H
(HFE-338pcc13), and
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040X and H-Galden ZT 130 (or 150 or 180))--can be used in
some heat transfer applications (as refrigerants) and as fire
suppressants.
With respect to the photochemical reactivity of the H-Galden
compounds, Solvay Solexis, Incorporated provided information on the
photochemical reactivity of its chemical compounds as measured by each
compound's kOH rate constant. Measurements of the reaction
rate of HCF2OCF2H (HFE-134) with OH have been
estimated at 298 K to be 2.3 x10-15 (cm\3\/molecule-sec).
This rate constant is highly temperature
[[Page 9825]]
dependent and decreases at lower temperatures. The calculated reaction
rates for the three additional HFPEs as submitted by Solvay Solexis are
2.4x0-15 (cm\3\/molecule-sec) for HFE-236cal2,
4.7x0-15 (cm\3\/molecule-sec) for HFE-338pcc13, and
4.9x0-15 (cm\3\/molecule-sec) for H-Galden 1040X.\2\ The
kOH values for these four HFPEs are significantly lower than
the reaction rate for ethane which has a kOH value of
2.4x0-13 (cm\3\/molecule-sec) at 298 K.
---------------------------------------------------------------------------
\2\ Although the petition listed H-Galden 1040X as having a
kOH value of 4.9x0-15 (cm\3\/molecule-sec) and
the preamble to the proposed rule contained this value, EPA has
found the actual value to be 4.6x0-15 (cm\3\/molecule-
sec) according to the petitioner's reference (2) in the following
paragraph.
---------------------------------------------------------------------------
The scientific information that the petitioner submitted in support
of the petition has been added to the docket for this rulemaking. This
docketed information includes journal articles where the rate constant
values can be found. Solvay Solexis, Incorporated submitted the
following articles in support of its petition: (1) ``Tropospheric
Degradation Products of Novel Hydrofluoropolyethers,'' Tuazon,
Environmental Science & Technology, University of California,
Riverside, May 1997; (2) ``Hydrofluoropolyethers,'' Marchionni,
Silvani, Fontana, Malinverno, Visca, Journal of Fluorine Chemistry,
Ausimont SpA, R & D Centre, 1999; and (3) ``Toxicological Profile of
Hydrofluoropolyethers,'' Malinverno, Colombo, Visca, Regulatory
Toxicology and Pharmacology, December, 2004.
Table 2 summarizes the information provided by the petitioner
regarding the photochemical reactivity of the compounds under
consideration. The data submitted by the petitioner support the
contention that the reactivity of these compounds, with respect to
reaction with the OH radical in the atmosphere, is lower than that of
ethane.
Table 2--Summary of Reaction Rates With OH (kOH) Reaction Rate Constant Compared to Ethane
----------------------------------------------------------------------------------------------------------------
kOH ratio
Chemical formula CAS Number Name kOH (cm\3\/ relative to
(molecule-sec)) ethane
----------------------------------------------------------------------------------------------------------------
C2H6.................................. 74-84-0 Ethane.................. 2.4 x 10-\13\ 1.00
HCF2OCF2H............................. 1691-17-4 HFE-134................. 2.3 x 10-\15\ 0.01
HCF2OCF2OCF2H......................... 78522-47-1 HFE-236ca12............. 2.4 x 10-\15\ 0.01
HCF2OCF2CF2OCF2H...................... 188690-78-0 HFE-338pcc13............ 4.7 x 10-\15\ 0.02
HCF2OCF2OCF2CF2OCF2H.................. 188690-77-9 H-Galden 1040X.......... 4.6 x 10-\15\ 0.02
----------------------------------------------------------------------------------------------------------------
Notes:
1. kOH value for ethane is from: Atkinson, R., Baulch, D. L., Cox, R. A., Crowley, J. N., Hampson, Jr., R. F.,
Hynes, R. G., Jenkin, M. E., Kerr, J. A., Rossi, M. J., and Troe J. (2006) Evaluated kinetic and photochemical
data for atmospheric chemistry: Volume II--gas phase reactions of organic species. Atmos. Chem. Phys. 6, 3625-
4055.
2. kOH values for the four compounds being exempted are from: G. Marchionni, R. Silvani, G. Fontana, G.
Malinverno, M. Visca, ``Hydrofluoropolyethers.'' Journal of Fluorine Chemistry, 95 (1999) 41-50.
C. Likelihood of Risk to Human Health or the Environment
Information in the Solvay Solexis, Incorporated petition and its
reference material indicates that the four HFPEs have low acute
toxicity, no irritation or skin sensitization, and no detectable
genotoxic activity in vitro or in vivo. The HFPEs show a similarly low
potential for developmental toxicity. This toxicity information has
been placed in the docket for this rulemaking.
Because HFPEs do not contain chlorine or bromine, these compounds
do not contribute to the depletion of the ozone layer and have ozone
depletion potential values of zero. In both the refrigeration and fire
suppressant end uses, these HFPEs would be used as substitutes for
ozone-depleting substances (ODS). All ODS substitutes must undergo
review by the EPA's Significant New Alternatives Policy (SNAP) Program.
The SNAP Program is EPA's program to evaluate and regulate substitutes
for the ozone-depleting chemicals that are being phased out under the
stratospheric ozone protection provisions of the CAA. In section 612(c)
of the CAA, the agency is authorized to identify and publish lists of
acceptable and unacceptable substitutes for class I or class II ozone-
depleting substances.\3\ The EPA's SNAP program has evaluated the use
of these four H-Galden HFPEs and found acceptable their use as fire
suppressants in non-residential applications, in place of Halon 1211
(68 FR 4004, January 27, 2003). However, the SNAP program has not
approved H-Galden HFPEs for certain other uses (i.e., solvent, aerosol
propellant, foam blowing, and refrigeration). There currently is no
submission pending review to list these substances as substitutes in
other uses. Thus, at this time, it would be a violation of the CAA and
the SNAP program regulations for any person to introduce H-Galden HFPEs
into interstate commerce for use in other end uses regulated by the
SNAP program. H-Galden HFPEs may be used in non-mechanical heat
transfer as a secondary refrigerant in secondary-loop refrigeration
systems without approval from SNAP; the EPA does not list, and does not
currently require notification for, compounds that are used only as a
secondary fluid in secondary-loop refrigeration systems (62 FR 10702;
March 10, 1997).
---------------------------------------------------------------------------
\3\ Information on the SNAP program can be found on the
following Web page: www.epa.gov/ozone/snap.
---------------------------------------------------------------------------
Table 3 shows the 20 and 100 year global warning potentials (GWPs)
of these four compounds relative to carbon dioxide (CO2) as
reported by the Intergovernmental Panel on Climate Change. These GWP-
100 levels are comparable to mid-range levels associated with some
chemical compounds that have previously been exempted from the VOC
definition, which range from 23 to 12,000. In the January 27, 2003,
SNAP rule, the EPA noted that despite their relatively high GWP values,
the use of H Galden HFPEs was anticipated to have a smaller to
comparable impact on global warming than the hydrofluorocarbons
historically used in the same fire suppression application. Overall,
the EPA concluded that H Galden HFPEs reduce risk compared to halon
1211, the ODS they replace.
[[Page 9826]]
Table 3--Summary of Global Warming Potentials Relative to CO2 Over 20 and 100 Years for the Four Compounds Being
Considered for VOC Exemptions.
----------------------------------------------------------------------------------------------------------------
GWP relative GWP relative
Chemical formula CAS Number Name to CO2 (20 to CO2 (100
years)\1\ years)
----------------------------------------------------------------------------------------------------------------
HCF2OCF2H............................. 1691-17-4 HFE-134................. 12200 6320
HCF2OCF2OCF2H......................... 78522-47-1 HFE-236ca12............. 8000 2800
HCF2OCF2CF2OCF2H...................... 188690-78-0 HFE-338pcc13............ 5100 1500
2OCF2OCF2CF2OCF2H..................... 188690-77-9 H-Galden 1040X.......... 6320 1870
CO2................................... 124-38-9 Carbon dioxide.......... 1 1
----------------------------------------------------------------------------------------------------------------
Note:
1. Forster, P., V. Ramaswamy, P. Artaxo, T. Berntsen, R. Betts, D.W. Fahey, J. Haywood, J. Lean, DC Lowe, G.
Myhre, J. Nganga, R. Prinn, G. Raga, M. Schulz and R. Van Dorland, 2007: Changes in Atmospheric Constituents
and in Radiative Forcing. In: Climate Change 2007: The Physical Science Basis. Contribution of Working Group I
to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M.
Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.)]. Cambridge University Press,
Cambridge, United Kingdom and New York, NY, USA.
Having considered the available information on the likelihood of
risk to human health or the environment from increased use of the
chemicals considered here, we believe that current regulation of these
compounds under other EPA programs adequately protects human health and
the environment.
D. Conclusion
For all four compounds, the EPA proposed that (a) these chemicals
qualify as negligibly reactive with respect to their contribution to
tropospheric ozone formation, and (b) any non-tropospheric ozone-
related risks associated with potential increased use are adequately
addressed by other existing programs and policies.
III. Public Comments
We received no comments from the public.
IV. Final Action
The EPA is amending its definition of VOC at 40 CFR 51.100(s) to
exclude a group of four HFPE's identified as
HCF2OCF2H (known as HFE-134),
HCF2OCF2OCF2H (known as HFE-236cal2),
HCF2OCF2CF2OCF2H (known as
HFE-338pcc13), and
HCF2OCF2OCF2CF2OCF2
H (known as H-Galden 1040X and also H-Galden ZT 130 (or 150 or 180)) as
VOCs for ozone state implementation plans (SIP) and ozone control
purposes. Consistent with the Interim Guidance, the EPA's final action
on the petition is based on a consideration of the contribution that
each chemical makes to tropospheric ozone formation based on a
comparison of reactivity metrics and on our assessment that existing
programs or policies already adequately address the possibility that
granting the petition would pose a significant risk to human health or
the environment.
If an entity uses or produces any of these four HFPE compounds and
is subject to the EPA regulations limiting the use of VOC in a product,
limiting the VOC emissions from a facility, or otherwise controlling
the use of VOC for purposes related to attaining the ozone NAAQS, then
the compound will not be counted as a VOC in determining whether these
regulatory obligations have been met. Emissions of this compound will
not be considered in determining whether a proposed new or modified
source triggers the applicability of Prevention of Significant
Deterioration (PSD) requirements, in areas where the PSD program is
implemented by the EPA or a delegated state, local or tribal agency.
This action may also affect whether any of these four HFPE compounds
are considered as VOCs for state regulatory purposes to reduce ozone
formation, if a state relies on the EPA's definition of VOC. States are
not obligated to exclude from control as a VOC those compounds that the
EPA has found to be negligibly reactive. However, states may not take
credit for controlling these compounds in their ozone control
strategies.
The EPA is also amending its definition of VOC at 40 CFR 51.100(s)
to make for clarity technical corrections to the current list of exempt
compounds at 40 CFR 51.100(s)(1) by replacing several commas separating
individual compounds with semicolons and by removing the erroneous
``(1)'' notation in ``(1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane (HFE-7300)'' so that it reads
``1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(HFE-7300).''
V. Statutory and Executive Orders Reviews
A. Executive Orders 12866: Regulatory Planning and Executive Order
13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993), and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. 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.
Burden is defined at 5 CFR 1320.3(b). It does not contain any
recordkeeping or reporting requirements.
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
final 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 this final rule on small entities, small
entity is defined as: (1) A small business that is a small industrial
entity as defined in the U.S. Small Business Administration (SBA) size
standards. (See 13 CFR 121.); (2) A 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 this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities.
[[Page 9827]]
D. Unfunded Mandates Reform Act
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any state, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 and 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
This action 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 Executive Order 13132. This final action addresses the
exemption of a set of chemical compounds from the VOC definition. Thus,
Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). 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.
Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in EO 12866. This action's health and risk assessments are contained in
section II.C. of this preamble and within the docket for this
rulemaking. While this final rule is not subject to the Executive
Order, the EPA has reason to believe that ozone has a disproportionate
effect on active children who play outdoors (62 FR 38856-38859, July
18, 1997). The EPA has not identified any specific studies on whether
or to what extent the chemical compound may affect children's health.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d), (15 U.S.C.
272 note) directs the 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 the
EPA to provide Congress, through OMB, with explanations when the agency
decides not to use available and applicable voluntary consensus
standards. This final rulemaking does not involve technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of Congress and to the Comptroller General of the United
States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on March 14, 2013.
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit Court within 60 days from the date the
final action is published in the Federal Register. Filing a petition
for review by the Administrator of this final action does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review
must be final, and shall not postpone the effectiveness of such action.
Thus, any petitions for review of this action related to the exemption
of HCF2OCF2H (known as HFE-134),
HCF2OCF2OCF2H (known as HFE-236cal2),
HCF2OCF2CF2OCF2H (known as
HFE-338pcc13), and
HCF2OCF2OCF2CF2OCF2
H (known as H-Galden 1040X and also H-Galden ZT 130 (or 150 or 180))
from the definition of VOC must be filed in the Court of Appeals for
the District of Columbia Circuit within 60 days from the date final
action is published in the Federal Register.
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 4, 2013.
Lisa P. Jackson,
Administrator.
For reasons set forth in the preamble, part 51 of chapter I of
title 40 of the Code of Federal Regulations is amended as follows:
[[Page 9828]]
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7412, 7413, 7414, 7470-7479,
7501-7508, 7601, and 7602.
Sec. 51.100--[Amended]
0
2. Section 51.100 is amended at the end of paragraph (s)(1)
introductory text by removing the words ``methyl acetate,
1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE-7000), 3-
ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane
(HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea), methyl
formate (HCOOCH3), (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl
carbonate; trans-1,3,3,3-tetrafluoropropene; and perfluorocarbon
compounds which fall into these classes:'' and adding in their place
the words ``methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane
(n-C3F7OCH3, HFE-7000); 3-ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-
2-(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane
(HFC 227ea); methyl formate (HCOOCH3); 1,1,1,2,2,3,4,5,5,5-decafluoro-
3-methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate;
dimethyl carbonate; trans-1,3,3,3-tetrafluoropropene;
HCF2OCF2H (HFE-134);
HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2OCF2H (HFE-
338pcc13);
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); and
perfluorocarbon compounds which fall into these classes:''.
[FR Doc. 2013-03057 Filed 2-11-13; 8:45 am]
BILLING CODE 6560-50-P
