[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Proposed Rules]
[Pages 50408-50409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17790]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2015-0041; FRL-9949-76-OAR]
RIN 2060-AR94


Air Quality: Revision to the Regulatory Definition of Volatile 
Organic Compounds--Exclusion of 1,1,2,2-Tetrafluoro-1-(2,2,2-
trifluoroethoxy) Ethane (HFE-347pcf2)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
revise the regulatory definition of volatile organic compounds (VOC) 
under the Clean Air Act (CAA). This proposed revision would add 
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (also known as 
HFE-347pcf2; CAS number 406-78-0) to the list of compounds excluded 
from the regulatory definition of VOC on the basis that this compound 
makes a negligible contribution to tropospheric ozone formation. In the 
``Rules and Regulations'' section of this Federal Register, we are 
making this same amendment as a direct final rule without a prior 
proposed rule. If we receive no adverse comment, we will not take 
further action on this proposed rule.

DATES: Written comments must be received on or before August 31, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0041, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Souad Benromdhane, Office of Air 
Quality Planning and Standards, Health and Environmental Impacts 
Division, Mail Code C539-07, Environmental Protection Agency, Research 
Triangle Park, NC 27711; telephone: (919) 541-4359; fax number: (919) 
541-5315; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Why is the EPA issuing this proposed rule?

    This document proposes to revise the EPA's regulatory definition of 
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 CAA by adding HFE-347pcf2 to the list of compounds 
excluded from the regulatory definition of VOC on the basis that this 
compound makes a negligible contribution to tropospheric ozone 
formation. We have published a direct final rule in the ``Rules and 
Regulations'' section of this Federal Register because we view this 
action as a noncontroversial action and anticipate no adverse comment. 
We have explained our reasons for this action in the preamble to the 
direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

B. Does this action apply to me?

    Entities potentially affected by this direct final rule include, 
but are not necessarily limited to, state and local air pollution 
control agencies that adopt and implement regulations to control air 
emissions of VOC; and industries manufacturing and/or using HFE-347pcf2 
as a precision cleaning agent to remove contaminates including oil, 
flux, fingerprints from items like medical devices, artificial 
implants, crucial military and aerospace items, electric components, 
printed circuit boards, optics, jewelry, ball bearings, aircraft 
guidance systems, film, relays and a variety of metal components, among 
others. In addition to being available in the docket, an electronic 
copy of this proposal will also be available on the World Wide Web. 
Following signature by the EPA Administrator, a copy of this action 
will be posted on the EPA's Web site http://www.epa.gov/airquality/ozonepollution/actions.html#impl.

[[Page 50409]]

C. What should I consider as I prepare my comments for the EPA?

    Submitting CBI: Do not submit this information to the EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information on a disk or 
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.

II. Proposed Rule

    This proposed action would revise the EPA's regulatory definition 
of VOC for purposes of preparing SIPs to attain the NAAQS for ozone 
under title I of the CAA, by adding HFE-347pcf2 to the list of 
compounds excluded from the regulatory definition of VOC on the basis 
that this compound makes a negligible contribution to tropospheric 
ozone formation. We have explained our reasons for this action in the 
preamble to the direct final rule. The regulatory text for the proposal 
is identical to that for the direct final rule published in the ``Rules 
and Regulations'' section of this Federal Register. For further 
supplementary information, the detailed rationale for the proposal and 
the regulatory revisions, see the direct final rule published under 
``Rules and Regulations'' of the Federal Register.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. It does not contain any recordkeeping or reporting 
requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
removes HFE-347pcf2 from the regulatory definition of VOC and thereby 
relieves manufacturers, distributers and users of the compound from 
requirements to control emissions of the compound.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This proposed rule would remove HFE-347pcf2 from 
the regulatory definition of VOC and thereby relieves manufacturers, 
distributers and users from requirements to control emissions of the 
compound. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. Since HFE-347pcf2 is utilized in specific industrial 
applications where children are not present and dissipates quickly, 
there is no exposure or disproportionate risk to children. This 
proposed rule would remove HFE-347pcf2 from the regulatory definition 
of VOC and thereby relieves manufacturers, distributers and users from 
requirements to control emissions of the compound.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action would remove HFE-347pcf2 from the regulatory definition of 
VOC and thereby relieves manufacturers, distributers and users of the 
compound from requirements to control emissions of the compound.

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: July 20, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-17790 Filed 7-29-16; 8:45 am]
BILLING CODE 6560-50-P