										6560-50-P
                        ENVIRONMENTAL PROTECTION AGENCY
                                40 CFR Part 51
                      [EPA-HQ-OAR-2010-0605; FRL-      ]
                                 RIN 2060-AQ38
Air Quality:  Revision to Definition of Volatile Organic Compounds  -  Exclusion of trans-1,3,3,3-tetrafluoropropene and 2,3,3,3-tetrafluoropropene
                                       
AGENCY:   Environmental Protection Agency (EPA).  
ACTION:   Proposed rule. 
SUMMARY:   EPA is proposing to revise the Agency's definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standards for ozone under Title I of the Clean Air Act (CAA). This proposed revision would add 2,3,3,3-tetrafluoropropene (also known as HFO-1234yf) and trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of compounds excluded from the definition of VOC on the basis that these compounds make a negligible contribution to tropospheric ozone formation.  
DATES:  Comments must be received on or before [INSERT DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. 
Public Hearing:  If anyone contacts us requesting to speak at a public hearing on or before [INSERT DATE 15 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER], we will hold a public hearing in Research Triangle Park, North Carolina. Additional information about the hearing would be published in a subsequent Federal Register notice.
ADDRESSES:   Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2010-0605, by one of the following methods:
   * www.regulations.gov.   Follow the on-line instructions for submitting comments.
   * E-mail:   a-and-r-Docket@epamail.epa.gov, Attention Docket ID No. EPA-HQ-OAR-2010-0605.
   * Fax:   202-566-1541, Attention Docket ID No. EPA-HQ-OAR-2010-0605.
   * Mail:  Docket ID No. EPA-HQ-OAR-2010-0605, Environmental Protection Agency, Mailcode:  6102T, 1200 Pennsylvania Ave., NW, Washington, DC 20460.
   * Hand Delivery:  EPA Docket Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW, Room: 3334, Mail Code: 6102T, Washington, D.C. 20460, Attention Docket ID No. EPA-HQ-OAR-2010-0605. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.
Instructions:  Direct your comments to Docket ID No. EPA-HQ-OAR-2010-0605. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov, or e-mail. The www.regulations.gov website is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, 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-2010-0605, 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 Docket ID No. EPA-HQ-OAR-2010-0605 is (202) 566-1742. 
 FOR FURTHER INFORMATION CONTACT:  David Sanders, Office of Air Quality Planning and Standards, Air Quality Policy Division, Mail Code C539-01, Research Triangle Park, NC 27711; telephone: (919) 541-3356; fax number: 919-541-0824; e-mail address:  sanders.dave@epa.gov. 
 SUPPLEMENTARY INFORMATION:  
 I.   General Information
 A.  Does this action apply to me?
	Entities potentially affected by this proposed rule include, but not necessarily limited to, states (typically state air pollution control agencies) that control VOCs, and industries involved in the manufacture or use of refrigerants, aerosol propellants, and blowing agents for insulating foams.
Industry group
SIC[a]
NAICS[b]
Refrigerants
Aerosol propellants
Blowing agents
2869, 358
2869
2869, 3079
233415, 238220, 3411, 44811
3411
326140, 326150, 3411
[a] Standard Industrial Classification.
[b] North American Industry Classification System.

 	This proposed rule is applicable to all manufacturers, distributors, and users of these chemical compounds.  In addition to this rule, the use of these compounds is subject to restrictions under other parts of the CAA and the Toxic Substances Control Act (TSCA). Specifically, the use of these compounds as aerosol propellants, blowing agents, or refrigerants, or any other use in which they would substitute for chlorofluorocarbons, hydrochlorofluorocarbons, or their substitutes, is subject to restrictions under the Significant New Alternatives Policy (SNAP) program (CAA §612; 40 CFR 82 subpart G). The SNAP program has issued determinations for trans-1,3,3,3-tetrafluoropropene (HFO-1234ze) as a suitable foam and refrigerant substitute (74 FR 50129, September 30, 2009; 75 FR 34017, June 16, 2010) and a final approval for 2,3,3,3-tetrafluoropropene (HFO-1234yf), (76 FR 17488, March 29, 2011), as a substitute for use in the motor vehicle air conditioning end-use as a replacement for ozone depleting substances. Furthermore, HFO-1234yf is subject to a Significant New Use Rule (SNUR) under TSCA.(75 FR 65987, October 27, 2010). The implications of these other regulations are discussed in more detail in Section III.  
 B.  What should I consider as I prepare my comments for EPA?
 	Submitting CBI:  Do not submit this information to EPA through www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to 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.  
 C.  How can I find information about a possible public hearing?   
 	Public Hearing:  To request a public hearing or information pertaining to a public hearing on this document, contact Ms. Pamela S. Long,  Air Quality Policy Division, Mail code C504-03, U.S. Environmental Protection Agency, Research Triangle Park, NC  27711, telephone (919) 541-0641, facsimile number (919) 541-5509, electronic e-mail address: long.pam@epa.gov.   
D.  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.  What should I consider as I prepare my comments for EPA?
 	C.  How can I find information about a possible public hearing?
 	D.  How is this preamble organized?
 II.  Background
 	A.  Petition to list 2,3,3,3-tetrafluoropropene 
 	B.  Petition to list trans-1,3,3,3-tetrafluoropropene 
III.  EPA Response to the Petitions
 IV.  Proposed Action
 V.  Statutory and Executive Order Reviews
      A. Executive Order 12866:  Regulatory Planning and 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.
         
II.   Background
	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, EPA and state governments limit the amount of VOCs  that can be released into the atmosphere. The 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 EPA's policy that organic compounds with a negligible level of reactivity should be excluded from the regulatory definition of VOC so as to focus VOC control efforts on compounds that do significantly increase ozone concentrations. 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. EPA lists these negligibly reactive compounds in its regulations (at 40 CFR 51.100(s)) and excludes them from the definition of VOC. 
	The CAA requires the regulation of VOCs for various purposes. Section 302(s) of the CAA specifies that EPA has the authority to define what this term means, and hence what compounds shall be treated as VOCs for regulatory purposes. The policy of excluding negligibly reactive compounds from the VOC definition was laid out in the "Recommended Policy on Control of Volatile Organic Compounds" (42 FR 35314, July 8, 1977). 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 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.  
	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 reactivities (MIR) of ethane and the compound in question expressed on a reactivity per mass basis; and (iii) the MIR of ethane and the compound in question 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 EPA as a measure of photochemical reactivity and ozone-forming activity, and they have been the basis for most of EPA's previous exclusions of negligibly reactive compounds. The kOH metric is inherently a molar comparison, i.e., it measures the rate at which molecules react.
      The MIR values, both by mole and by mass, are a more recently developed measure of photochemical reactivity derived from a computer-based photochemical model. This measurement considers the complete ozone forming activity of a compound, not merely the first reaction step. 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 MIR values considers an equal number of molecules of the two compounds. Alternatively, using the mass 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 MIR comparison is consistent with the original smog chamber experiments, which compared equal molar concentrations of individual VOCs that underlie the original selection of ethane as the threshold compound. It is also consistent with previous reactivity determinations based on inherently molar kOH values. By contrast, the mass 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 (73 FR 15604). Many other VOC regulations contain limits based upon a weight of VOC per volume of product, such as EPA's regulations for limiting VOC emissions from architectural and industrial maintenance coatings (65 FR 7736). 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. Given the relatively low molecular weight of ethane, use of the mass basis tends to result in more VOCs being classified as "negligibly reactive" than in the case of the molar basis. In some cases, a compound might be considered less reactive than ethane and eligible for VOC exemption under the mass basis but not under the molar basis. The compounds considered in this proposal, trans-1,3,3,3-tetrafluoropropene and 2,3,3,3-tetrafluoropropene, fall into this category, where the molar MIR value is greater than that of ethane, but the mass MIR value is less than that of ethane.  
      EPA has considered the choice between a molar or mass basis for the comparison to ethane in past rulemakings and guidance. Most recently, in "Interim Guidance on Control of Volatile Organic Compounds in Ozone State Implementation Plans" published on September 13, 2005 (70 FR 54046), EPA stated:
      "...a comparison to ethane on a mass basis strikes the right balance between a threshold that is low enough to capture compounds that significantly affect ozone concentrations and a threshold that is high enough to exempt some compounds that may usefully substitute for more highly reactive compounds.
        When reviewing compounds that have been suggested for VOC-exempt status, EPA will continue to compare them to ethane using kOH expressed on a molar basis and MIR values expressed on a mass basis."
      
      In this action, EPA is proposing to exempt these compounds using the comparison to ethane on the mass basis MIR value, because MIR values are available for these compounds and EPA believes that this comparison is appropriate. 
      EPA's 2005 Interim Guidance also notes that, although VOC exemption decisions should be based on the contribution of a compound to tropospheric ozone formation, the EPA may consider whether granting a VOC exemption may lead to other significant risks to human health and the environment that would not be addressed adequately by existing programs or policies. Such considerations with respect to the two compounds considered here are discussed further in Section III.
A.  Petition to list 2,3,3,3-tetrafluoropropene (HFO-1234yf)
      Honeywell, Inc. submitted a petition to EPA on June 29, 2009, requesting that 2,3,3,3-tetrafluoropropene be exempted from VOC control based on its low reactivity relative to ethane. The petitioner indicated that 2,3,3,3-tetrafluoropropene may be used as a refrigerant for refrigeration and air-conditioning. Honeywell also indicated that it expects 2,3,3,3-tetrafluoropropene to be widely used as a replacement for HFC-134a in motor vehicle air-conditioners (MVAC), and that 2,3,3,3-tetrafluoropropene has been specifically developed for this purpose. Honeywell argues that as a replacement for use in motor vehicle air conditioners there will be an environmental advantage in that the global warming potential (GWP) of 2,3,3,3-tetrafluoropropene is 4, which is substantially lower than the GWP for HFC-134a (100-year GWP = 1430) which 2,3,3,3-tetrafluoropropene is designed to replace. Honeywell submitted several documents, including several peer-reviewed journal articles, to support this petition which have been added to the docket for this action.
B.  Petition to list trans-1,3,3,3-tetrafluoropropene  (HFO-1234ze)    
	Honeywell, Inc. also submitted a petition to EPA on December 2, 2009, requesting that trans-1,3,3,3-tetrafluoropropene be exempted from VOC control based on its low reactivity relative to ethane. The petitioner indicated that trans-1,3,3,3-tetrafluoropropene may be used in a variety of applications including as a refrigerant, an aerosol propellant, and a blowing agent for insulating foam. Honeywell submitted several documents, including several peer-reviewed journal articles, to support its petition, all of which have been added to the docket for this action. 
III.  EPA Response to the Petitions
	EPA's response to the petitions is based on a consideration of a) the contribution that the chemicals make to tropospheric ozone formation based on a comparison of reactivity metrics, and b) the potential for other significant health and environmental risks that may not be adequately addressed by other programs or policies.
	Table 1 presents three reactivity metrics for ethane and for 2,3,3,3-tetrafluoropropene (CAS 754-12-1) and trans-1,3,3,3-tetrafluoropropene (CAS 29118-24-9) which are discussed in this proposed rule.    
   Table 1  - Reactivities of ethane, trans-1,3,3,3-tetrafluoropropene and 
                          2,3,3,3-tetrafluoropropene
Compound
kOH (cm[3]/molecule-sec)
MIR        (g O3/mole VOC)
MIR 
(g  O3/gram VOC)
Ethane
2.4 x 10-13
8.4
0.28
2,3,3,3-tetrafluoropropene
(HFO-1234yf)
10.5 x 10-13
31.92
0.28
trans-1,3,3,3-tetrafluoropropene
(HFO-1234ze)
9.25 x 10-13
11.2
0.098
Notes:
   1. kOH value for ethane is from:  R. Atkinson., D. L. Baulch, R. A. Cox, J. N. Crowley, R. F. Hampson, Jr., R. G. Hynes, M. E. Jenkin, J. A. Kerr, M. J. Rossi, and J. Troe (2004), Summary of evaluated kinetic and photochemical data for atmospheric chemistry.  
   2. kOH value for trans-1,3,3,3-tetrafluoropropene is from: R. Sondergaard, O. J. Nielsen, M. D. Hurley, T. J. Wallington, and R. Singh, "Atmospheric chemistry of trans-CF3CH=CHF:  kinetics of the gas-phase reactions with Cl atoms, OH radicals, and O3." Chemical Physics Letters, 443 (2007) 199-204.
   3. kOH value for 2,3,3,3-tetrafluoropropene is from:  O.J. Nielson, M.S. Javadi, M.P. Sulbaek Anderson, M.D. Hurley, T.J. Wallington, R. Singh, "Atmospheric Chemistry of CF3CF=CH2:  kinetics and mechanisms of gas-phase reactions with Cl atoms, OH Radicals, and O3," Chemical Physical Letters, 439 (2007) 18-22.
   4. Maximum incremental reactivity or MIR (g O3/g VOC) values of ethane, trans-1,3,3,3-tetrafluoropropene and 2,3,3,3-tetrafluoropropene are from: William P. L. Carter, "Development of the SAPRC-07 chemical mechanism and updated ozone reactivity scales" (updated 1/27/10). http://www.engr.ucr.edu/~carter/SAPRC/saprc07.pdf.  
   5. Molar MIR (g O3/mole VOC) values were calculated from the mass MIR (g O3/g VOC) values by determining the number of moles per gram of the relevant organic compound.

      From the data in Table 1, it can also be seen that 2,3,3,3-tetrafluoropropene has a higher kOH value than ethane, meaning that it initially reacts more quickly in the atmosphere than ethane. A molecule of 2,3,3,3-tetrafluoropropene is also more reactive than a molecule of ethane, as shown by the molar MIR (g O3/mole VOC) values, because  equal numbers of moles have equal numbers of molecules. However, a gram of 2,3,3,3-tetrafluoropropene is less reactive, or creates less ozone on the day of its emission to the atmosphere, than a gram of ethane. This is because 2,3,3,3-tetrafluoropropene has a molecular weight (114) that is more than three times that of ethane (molecular weight 30), thus requiring less than a third the number of molecules of 2,3,3,3-tetrafluoropropene per gram than the number of molecules of ethane per gram.
      From the data in Table 1, it can be seen that trans-1,3,3,3-tetrafluoropropene has a higher kOH value than ethane, meaning that it initially reacts more quickly in the atmosphere than ethane. A molecule of trans-1,3,3,3-tetrafluoropropene is also more reactive than a molecule of ethane, as shown by the molar MIR (g O3/mole VOC) values, since equal numbers of moles have equal numbers of molecules. However, a gram of trans-1,3,3,3-tetrafluoropropene is less reactive, or creates less ozone on the day of its emission to the atmosphere, than a gram of ethane. This is because trans-1,3,3,3-tetrafluoropropene has a molecular weight (114) that is more than three times that of ethane (molecular weight 30), thus requiring less than a third the number of molecules of trans-1,3,3,3-tetrafluoropropene per gram than the number of molecules of ethane needed per gram.   
      For the petitions submitted by Honeywell, the data supports the contention that the reactivity of the compounds in the petitions are equal to or lower than that of ethane on a mass MIR basis.
      EPA also considered the results of a peer-reviewed study, in which, among other things, potential air quality impacts from generation of ground-level ozone were modeled using a regional-scale 3-dimensional atmospheric model. This study found that, if 2,3,3,3-tetrafluoropropene was used in all automobiles and was only emitted from automobiles, the incremental amount of ozone formed from its degradation in the atmosphere was only 0.01% of total ozone formed during the simulation. The baseline for this analysis was that if 2,3,3,3-tetrafluoropropene were not used in automobiles, the refrigerant that auto manufacturers would continue to use is HCF-134a which, because of its slower reaction time, would produce a smaller incremental amount of ozone. However, the study also noted that if 2,3,3,3-tetrafluoropropene were used in additional applications, e.g., non-vehicle refrigerant applications, its contribution to ozone formation would be greater. Thus, the additional information from this study shows that 2,3,3,3-tetrafluoropropene does produce ozone, but the amount is unlikely to have a significant impact on local air quality under current conditions. The study authors also considered the potential for the use of 2,3,3,3-tetrafluoropropene to increase the deposition of trifluoroacetic acid, a product of atmospheric degradation, into water bodies. The authors concluded that the modeled concentrations of deposited trifluoroacetic acid from the use of 2,3,3,3-tetrafluoropropene in automobiles were well below levels of concern for aquatic toxicity; however, the  potential for long-term accumulation of trifluoroacetic acid in water bodies is still somewhat uncertain.  
      The definition of VOC, and thus the exclusion from that definition, applies to all uses of a chemical. The currently known uses for the chemicals being considered here are regulated as substitutes for stratospheric ozone-depleting substances (ODS) under the SNAP program. Under SNAP, EPA reviews all new substitutes for ODS and allows their use in specific applications where the overall risks to human health and the environment associated with their use are comparable to or less than those of other compounds used in the same manner. 
      EPA's SNAP program has issued determinations of acceptability for trans-1,3,3,3-tetrafluoropropene (HFO-1234ze) as an acceptable substitute for certain ODS in a number of foam blowing end uses and as a refrigerant in non-mechanical heat transfer as stated in Section I.
      EPA proposed an approval (74 FR 53445, October 19, 2009) for 2,3,3,3-tetrafluoropropene (HFO-1234yf) as an acceptable ODS substitute for use in MVAC, subject to specific use conditions, in place of CFC-12 and HFC-134a and issued final approval in March 2011 as stated in Section I. HFC-134a, which is not an ozone depleting substance but has a high global warming potential (100 year GWP = 1430), has largely replaced CFC-12 in motor vehicle air conditioners. Substituting 2,3,3,3-tetrafluoropropene (HFO-1234yf) for HFC-134a is environmentally beneficial as the global warming potential of HFO-1234yf is much lower (100 year GWP = 4). EPA received a petition on May 7, 2010, (with a follow up petition on November 16, 2010) from the Natural Resources Defense Council, the Institute for Governance & Sustainable Development, and the Environmental Investigation Agency (a non-governmental organization) asking EPA to remove HFC-134a from the list of acceptable substitutes under the SNAP program for use in motor vehicle air conditioners.  
      Under TSCA, EPA has performed a pre-manufacture review for 2,3,3,3-tetrafluoropropene (HFO-1234yf) (75 FR 65987, Oct. 27, 2010). Based on toxicity testing data submitted as part of the pre-manufacture notice for HFO-1234yf, EPA identified health concerns for developmental toxicity and lethality to workers and consumers if they were exposed to a significant amount of HFO-1234yf via inhalation. As a result, EPA has requested additional toxicity testing and issued a SNUR for 2,3,3,3-tetrafluoropropene (HFO-1234yf). The SNUR  requires manufacturers or other affected parties to submit a notice (a Significant New Use Notice, or SNUN) to EPA at least 90 days before the manufacture, import, or processing of HFO-1234yf for the following uses: a) use other than as a refrigerant in MVAC systems in new passenger cars and vehicles; b) commercial use other than in new passenger cars and vehicles in which the charging of MVAC systems with HFO-1234yf was done by the motor vehicle original equipment manufacturer (OEM); and c) distribution in commerce of products intended for use by a consumer for the purpose of servicing, maintenance and disposal involving HFO-1234yf.  By issuing this SNUR, the Agency will: a) receive a SNUN of any person's intent to manufacture, import, or process the chemical substance for the described significant new use before that activity begins; b) have an opportunity to review and evaluate data submitted with a SNUN before the notice submitter begins manufacturing, importing, or processing a listed chemical substance for the described significant new use; and c) be able to regulate prospective manufacture, import, or processing of a listed chemical substance before the described significant new use of that chemical substance occurs, if warranted.  
      In issuing the SNUR, EPA did not raise concerns about potential exposures due to the use of HFO-1234yf in MVAC as approved under the SNAP program, as the use restrictions under SNAP are expected to minimize environmental release and exposures. Other potential applications that may lead to significant exposures would trigger a SNUN and would likely trigger further review under SNAP. EPA believes these processes will provide adequate opportunity to address any health effects issues associated with possible increased use of HFO-1234yf which might result from a VOC exemption.  
      In summary, for both trans-1,3,3,3-tetrafluoropropene (HFO-1234ze) and 2,3,3,3-tetrafluoropropene (HFO-1234yf), EPA believes 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. We invite the public to submit comments and additional information relevant to the issue of these compounds' overall risks to human health and the environment, and on whether such information should be considered in connection with the decision to grant an exemption from the regulatory definition of VOC.   
IV.  Proposed Action
      EPA is responding to the petitions by proposing to revise its definition of VOC at 40 CFR 51.100(s) to add trans-1,3,3,3-tetrafluoropropene and 2,3,3,3-tetrafluoropropene to the list of compounds that are exempt from the regulatory definition of VOC because they are negligibly reactive on the basis that they are less reactive than ethane on a mass MIR basis.  
V.  Statutory and Executive Order Reviews
A.	Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
	Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), this action is treated as a significant regulatory action because some may view it as raising novel legal or policy issues arising out of legal mandates. Accordingly, EPA submitted this action to the Office of Management and Budget (OMB) for review under EO 12866 and 13563 (76 FR 3821, January 21, 2011) and any changes made in response to OMB recommendations have been documented in the docket for this action.
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 requirement.
C.	Regulatory Flexibility Act
      The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the proposed rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this notice 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 proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This proposed rule will not impose any requirements on small entities.  
       We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.
D.	Unfunded Mandates Reform Act
	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 action addresses the exemption of a set of chemical compounds from the VOC definition. Thus, Executive Order 13132 does not apply to this rule. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and state and local governments, EPA specifically solicits comment on this proposed rule from state and local officials.
 F.	Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
      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.  
      Although Executive Order 13175 does not apply to this proposed rule, EPA specifically solicits additional comment on this proposed rule from tribal officials.
 G.	Executive Order 13045: Protection of Children from Environmental Health and Safety Risks
      This action is not subject to EO 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in EO 12866. While this proposed rule is not subject to the Executive Order, EPA has reason to believe that ozone has a disproportionate effect on active children who play outdoors (62 FR 38856; 38859, July 18, 1997). EPA has not identified any specific studies on whether or to what extent these chemical compounds may affect children's health. EPA has placed the available data regarding the health effects of HFO-1234yf in Docket No. EPA-HQ-OAR-2003-0032 which is the docket for the SNUR for this compound.
       The public is invited to submit comments or identify peer-reviewed studies and data, of which EPA may not be aware, that assess results of early life exposure to the chemical compounds herein.
 H.	Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use 
       This action is not a "significant energy action" as defined in Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This action proposes to revise EPA's definition of VOCs for purposes of preparing SIPs to attain the NAAQS for ozone under title I of the CAA.
 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 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, 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.	Executive Order 12898:  Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
	Executive Order (EO) 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.  
	EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it will not affect the level of protection provided to human health or the environment.

Page 28 of 29 - Air Quality:  Revision to Definition of Volatile Organic Compounds  -  Exclusion of trans-1,3,3,3-tetrafluoropropene and 2,3,3,3-tetrafluoropropene

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: 
 
 
 
 
 
 _________________________
 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 proposed to be amended as follows:
PART 51-REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS.
  1.  The authority citation for Part 51, Subpart F, 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 "and perfluorocarbon compounds which fall into these classes:" and adding in their place a semi-colon and the words "; trans-1,3,3,3-tetrafluoropropene; 2,3,3,3-tetrafluoropropene and perfluorocarbon compounds which fall into these classes:".  


