[Federal Register Volume 72, Number 11 (Thursday, January 18, 2007)]
[Rules and Regulations]
[Pages 2193-2196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-638]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2005-0124; FRL-8270-6]
RIN 2060-AN34


Air Quality: Revision to Definition of Volatile Organic 
Compounds--Exclusion of HFE-7300

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action revises EPA's definition of volatile organic 
compounds (VOC) for purposes of preparing State implementation plans 
(SIPs) to attain the national ambient air quality standards (NAAQS) for 
ozone under title I of the Clean Air Act (CAA). This 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: This final rule is effective on January 18, 2007.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2005-0124. 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, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, 
EPA West, Room 3334, 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.

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; telephone (919) 541-3356; 
fax number (919) 541-0824; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does This Action Apply to Me?

    This action applies to you if you are a State that regulates VOC 
emissions as precursors to ozone formation or if you produce or use 
HFE-7300 or other compounds for which HFE-7300 may substitute. HFE-7300 
has a variety of potential uses including as a heat-transfer fluid and 
substitute for ozone depleting substances and substances with high 
global warming potentials, such as hydroflurocarbons, perfluorocarbons, 
and perfluoropolyethers. HFE-7300 may be used in azeotropic mixtures 
for use in coating deposition, cleaning, and lubricating applications.

II. 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. The VOC's 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. The EPA determines 
whether a given organic compound has ``negligible'' reactivity by 
comparing the compound's reactivity to the reactivity of ethane. The 
EPA lists these compounds in its regulations (at 40 CFR 51.100(s)) and 
excludes them from the definition of VOC. The

[[Page 2194]]

chemicals on this list are often called ``negligibly reactive'' organic 
compounds.
    Since 1977 (42 FR 35314), EPA has used the reactivity of ethane as 
the threshold of negligible reactivity. Compounds that are less 
reactive than or equally reactive to ethane may be deemed negligibly 
reactive. Compounds that are more reactive than ethane continue to be 
considered reactive VOCs and 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.
    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.

III. Petition for Exclusion of HFE-7300

    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 
[also know as HFE-7300 or L-14787 or 
C2F5CF(OCH3)CF(CF3)2
] 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).
    HFE-7300 has several potential uses. As a hydrofluoroether (HFE), 
this compound may be used as an alternative heat-transfer fluid to 
ozone-depleting substances, such as chlorofluorocarbons (CFCs). Under 
the Significant New Alternatives Policy (SNAP) program (CAA 612; 40 CFR 
part 82 subpart G), EPA has identified some HFEs as acceptable 
substitutes for ozone-depleting compounds, although HFE-7300 has not 
been specifically identified. Because they do not contain chlorine or 
bromine, HFEs 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). 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.
    According to a U.S. patent application submitted by 3M Innovative 
Properties Company, HFE-7300 possesses the capacity to form a myriad of 
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. The patent application indicated that the 
azeotrope mixtures can be formulated at compositions of HFE-7300 
ranging from 1 to 100 percent, depending on the organic co-solvent and 
the desired properties of the azeotrope. 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.
    In support of their petition, 3M Company supplied information on 
the photochemical reactivity of HFE-7300. 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 OH radical (kOH value) is 
shown to be 1.5 x 10-14 cm3/molecule/sec at 25 
[deg]C. This is less than the kOH value for ethane, 2.4 x 
10-13 cm3/molecule/sec at 25 [deg]C, and slightly 
more than that for methane.
    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.
    The EPA has included the 3M Company Material Safety Data Sheet for 
HFE-7300 indicating the compound as having low toxicity. This 
information has been placed in the docket.

IV. EPA Response to the Petition

    The information provided by the petitioner demonstrates that HFE-
7300 meets the criteria that the EPA has established for negligible 
reactivity based on a comparison of kOH values. Therefore, 
on February 9, 2006 (71 FR 6729), the EPA proposed adding 
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (or 
HFE-7300) to the list of compounds appearing in 40 CFR 51.100(s).
    The final applies 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 of 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl pentane 
[C2F5CF(OCH3)CF(CH3)2
](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). For emissions from the use of azeotropic 
mixtures and organic blends that contain both VOC exempt and non-exempt 
compounds, the proposed exemption applies to the mass (or weight) 
fraction of the emissions that consists of VOC exempt compounds.
    The EPA received no comments on this proposal.

V. Final Action

    This final action is based on EPA's review of the material in 
Docket No. EPA-HQ-OAR-2005-0124. The EPA hereby will 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. States may not take credit for controlling this 
compound in their ozone control strategy.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not contain any information collection 
requirements subject to OMB review under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. It does not contain any

[[Page 2195]]

recordkeeping or reporting requirements.
    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.

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 
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 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 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. 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.
    This final rule will revise EPA's definition of VOC for purposes of 
preparing SIPs to attain the NAAQS for ozone under title I of the CAA. 
This final rule revision adds 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.

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.
    The 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 final 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, this rule is not subject to the requirements of sections 202, 203 
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 final 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 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 had specifically solicited comment 
on

[[Page 2196]]

the proposed rule for this action from State and local officials, but 
the EPA received no comments.

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 final 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. 
This 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 final rule from Tribal officials, 
but EPA received no comments.

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 final 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). 
The 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. EPA-HQ-OAR-2005-0124. In the proposed rule, the 
EPA invited 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. No such information was 
identified.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This final 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

    As noted in the proposed rule, 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 rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

J. 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 the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). The EPA is not 
required to submit a rule report regarding this action under section 
801 because this is a rule of particular applicability to manufacturers 
and users of this specific exempt chemical compound. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). Therefore, this rule 
will be effective upon publication 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: January 11, 2007.
Stephen L. Johnson,
Administrator.

0
For reasons set forth in the preamble, part 51 of chapter I of title 40 
of the Code of Federal Regulations is amended as follows:

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

0
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]

0
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) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane (HFE-7300) and perfluorocarbon compounds which 
fall into these classes:''

[FR Doc. E7-638 Filed 1-17-07; 8:45 am]
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