
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50330-50336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17789]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2015-0041; FRL-9949-77-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: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to revise the regulatory definition of volatile organic 
compounds (VOC) under the Clean Air Act (CAA). This direct final action 
adds 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 (O3) 
formation.

DATES: This rule is effective on September 30, 2016 without further 
notice, unless the EPA receives adverse comment by August 31, 2016. If 
the EPA receives adverse comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect.

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: benromdhane.souad@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Why is the EPA using a direct final rule?
II. Does this action apply to me?
III. Background
    A. The EPA's VOC Exemption Policy
    B. Petition To List HFE-347pcf2 as an Exempt Compound
IV. The EPA's Assessment of the Petition
    A. Contribution to Tropospheric Ozone Formation
    B. Contribution to Stratospheric Ozone Depletion
    C. Toxicity
    D. Contribution to Climate Change
    E. Conclusions
V. Direct Final Action
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive

[[Page 50331]]

Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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 Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review

I. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and 
anticipate no adverse comment. This action revises 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 
O3 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 O3 formation. However, in the ``Proposed 
Rules'' section of this Federal Register, we are publishing a separate 
document that will serve as the proposed rule to make this revision to 
the regulatory definition of VOC if adverse comments are received on 
this direct final rule. We will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We would address all public 
comments in any subsequent final rule based on the proposed rule.

II. 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 contaminants including oil, 
flux, and 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.

III. Background

A. The EPA's VOC Exemption Policy

    Tropospheric O3, commonly known as smog, is formed when 
VOC and nitrogen oxides (NOX) react in the atmosphere in the 
presence of sunlight. Because of the harmful health effects of 
O3, the EPA and state governments limit the amount of VOC 
that can be released into the atmosphere. Volatile organic compounds 
form O3 through atmospheric photochemical reactions, and 
different VOC have different levels of reactivity. That is, different 
VOC do not react to form O3 at the same speed or do not form 
O3 to the same extent. Some VOC react slowly or form less 
O3; therefore, changes in their emissions have limited 
effects on local or regional O3 pollution episodes. It is 
the EPA's policy that organic compounds with a negligible level of 
reactivity should be excluded from the regulatory definition of VOC in 
order to focus VOC control efforts on compounds that significantly 
increase O3 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 VOC. The EPA lists compounds that it 
has determined to be negligibly reactive in its regulations as being 
excluded from the regulatory definition of VOC (40 CFR 51.100(s)).
    The CAA requires the regulation of VOC 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 VOC for regulatory purposes. The policy of excluding 
negligibly reactive compounds from the regulatory definition of VOC was 
first laid out in the ``Recommended Policy on Control of Volatile 
Organic Compounds'' (42 FR 35314, July 8, 1977) (from here forward 
referred to as the 1977 Recommended Policy) and was supplemented 
subsequently with the ``Interim Guidance on Control of Volatile Organic 
Compounds in Ozone State Implementation Plans'' (70 FR 54046, September 
13, 2005) (from here forward referred to as the 2005 Interim Guidance). 
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 VOC 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 rate constant for 
reaction with the hydroxyl radical (OH) (known as kOH); (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 rate constant of the reaction of the 
compound with the OH radical in the air. This reaction is often, but 
not always the first and rate-limiting step in a series of chemical 
reactions by which a compound breaks down in the air and contributes to 
O3 formation. If this step is slow, the compound will likely 
not form O3 at a very fast rate. The kOH values 
have long been used by the EPA as metrics of photochemical reactivity 
and O3-forming activity, and they have been the basis for 
most of the EPA's early exemptions 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 updated metric of 
photochemical reactivity derived from a computer-based photochemical 
model, and has been used as a consideration of reactivity since 1995. 
This metric considers the complete O3-forming activity of a 
compound over multiple hours and through multiple reaction pathways, 
not merely the first reaction step with OH. Further explanation of the 
MIR metric can be found in Carter (1994), ``Development of ozone 
reactivity scales for volatile organic compounds.''
    The EPA has considered the choice between a molar or mass basis for 
the comparison to ethane in past rulemakings and guidance. In the 2005 
Interim Guidance, the EPA stated:


[[Page 50332]]


[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.

    The 2005 Interim Guidance also noted that concerns have sometimes 
been raised about the potential impact of a VOC exemption on 
environmental endpoints other than O3 concentrations, 
including fine particle formation, air toxics exposures, stratospheric 
O3 depletion, and climate change. The EPA has recognized, 
however, that there are existing regulatory and non-regulatory programs 
that are specifically designed to address these issues, and the EPA 
continues to believe in general that the impacts of VOC exemptions on 
environmental endpoints other than O3 formation will be 
adequately addressed by these programs. The VOC exemption policy is 
intended to facilitate attainment of the O3 NAAQS. In 
general, VOC exemption decisions will continue to be based solely on 
consideration of a compound's contribution to O3 formation. 
However, if the EPA determines that a particular VOC exemption is 
likely to result in a significant increase in the use of a compound and 
that the increased use would pose a significant risk to human health or 
the environment that would not be addressed adequately by existing 
programs or policies, then the EPA may exercise its judgment 
accordingly in deciding whether to grant an exemption.

B. Petition To List HFE-347pcf2 as an Exempt Compound

    Asahi Glass Company, AGC Chemicals America, Inc. submitted a 
petition to the EPA on February 5, 2007, requesting that 1,1,2,2-
Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (HFE-347pcf2; CAS number 
406-78-0) be exempted from the regulatory definition of VOC. The 
petition was based on the argument that HFE-347pcf2 has low reactivity 
relative to ethane. The petitioner indicated that HFE-347pcf2 may be 
used in a variety of applications as a precision cleaning agent to 
remove contaminants including oil, flux, and 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.
    To support its petition, AGC Chemicals America, Inc. referenced 
several documents, including two peer-reviewed journal articles on HFE-
347pcf2's reaction rates (Tokuhashi et al., 2000; Pitts et al, 1983). 
In 2014, AGC provided a supplemental technical report on the maximum 
incremental reactivity of HFE-347pcf2 (Carter, 2014). According to this 
report, the maximum incremental reactivity of HFE-347pcf2 ranges 
between 0.0007 g O3/g HFE-347pcf2 (best estimate) and 0.0013 
g O3/g HFE-347pcf2 (high reactivity estimate) on the mass-
based MIR scale. This reactivity rate is much lower than that of ethane 
(0.28 g O3/g ethane), the compound that the EPA has used for 
comparison to define ``negligible'' O3 reactivity for the 
purpose of exempting compounds from the regulatory definition of VOC. 
The rate constant for the gas-phase reaction of OH radicals with HFE-
347pcf2 (kOH) has been measured to be 9.16 x 
10-15 cm\3\/molecule-sec at ~298 K (Pitts et al., 1983, 
Tokuhashi et al., 2000). Based on the measured reactivity rate of HFE-
347pcf2 (Pitts et al., 1983), HFE-347pcf2 has a smaller kOH 
than ethane (kOH of ethane = 2.4 x 10-13 cm\3\/
molecule-sec at ~298 K) and, therefore, is less reactive than ethane.
    To address the potential for stratospheric O3 impacts, 
the petitioner contended that, given the atmospheric lifetime of HFE-
347pcf2 and that it does not contain chlorine or bromine, it is not 
expected to contribute to the depletion of the stratospheric 
O3 layer.

IV. The EPA's Assessment of the Petition

    The EPA is taking direct final action to respond to the petition by 
exempting HFE-347pcf2 from the regulatory definition of VOC. This 
action is based on consideration of the compound's low contribution to 
tropospheric O3 and the low likelihood of risk to human 
health or the environment. In this case, the EPA considered issues of 
contribution to stratospheric O3 depletion, toxicity, and 
climate change. Additional information on these topics is provided in 
the following sections.

A. Contribution to Tropospheric Ozone Formation

    The reaction rate of HFE-347pcf2 with the OH radical 
(kOH) has been measured to be 9.16 x 10-15 cm\3\/
molecule-sec (Tokuhashi et al., 2000); other reactions with 
O3 and the nitrate radical were negligibly small. The 
corresponding reaction rate of ethane with OH is 2.4 x 10-13 
cm\3\/molecule-sec (Atkinson et al., 2006).
    The overall atmospheric reactivity of HFE-347pcf2 was not studied 
in an experimental smog chamber, but the chemical mechanism derived 
from other chamber studies (Carter, 2011) was used to model the 
complete formation of O3 for an entire single day under 
realistic atmospheric conditions (Carter, 2014). In 2014, Carter 
calculated a MIR value of 0.0007 to 0.0013 g O3/g VOC for 
HFE-347pcf2 for ``averaged conditions,'' versus 0.28 g O3/g 
VOC for ethane.
    Table 1 presents the three reactivity metrics for HFE-347pcf2 as 
they compare to ethane.

                                 Table 1--Reactivities of Ethane and HFE-347pcf2
----------------------------------------------------------------------------------------------------------------
                                                                                Maximum
                                                                              incremental           Maximum
                      Compound                            kOH (cm\3\/      reactivity (MIR)       incremental
                                                         molecule-sec)      (g O3/mole VOC)    reactivity (MIR)
                                                                                                 (g O3/g VOC)
----------------------------------------------------------------------------------------------------------------
Ethane..............................................       2.4 x 10-\13\                 8.4                0.28
HFE-347pcf2.........................................      9.16 x 10-\15\           0.14-0.26       0.0007-0.0013
----------------------------------------------------------------------------------------------------------------
Notes:
1. kOH value at 298 K for ethane is from Atkinson et al., 2006 (page 3626).
2. kOH value at 298 K for HFE-347pcf2 is from Tokuhashi, 2000.
3. Mass-based MIR value (g O3/g VOC) of ethane is from Carter, 2011.
4. Mass-based MIR value (g O3/g VOC) of HFE-347pcf2 is from a supplemental report by Carter, 2014.
5. Molar-based MIR (g O3/mole VOC) values were calculated from the mass-based MIR (g O3/g VOC) values using the
  number of moles per gram of the relevant organic compound.


[[Page 50333]]

    The data in Table 1, shows that HFE-347pcf2 has a significantly 
lower kOH value than ethane, meaning that it initially 
reacts less quickly in the atmosphere than ethane. Also, a molecule of 
HFE-347pcf2 is less reactive than a molecule of ethane in terms of 
complete O3-forming activity as shown by the molar-based MIR 
(g O3/mole VOC) values. Additionally, one gram of HFE-
347pcf2 has a lower capacity than one gram of ethane to form 
O3. Thus, following the 2005 Interim Guidance, HFE-347pcf2 
is eligible to be exempted from the regulatory definition of VOC on the 
basis of kOH and both the mole- and mass-based MIR.

B. Contribution to Stratospheric Ozone Depletion

    HFE-347pcf2 is unlikely to contribute to the depletion of the 
stratospheric O3 layer. The O3 depletion 
potential (ODP) of HFE-347pcf2 is expected to be negligible based on 
several lines of evidence: The absence of chlorine or bromine from the 
compound, the expected initial reactions described in Carter (2008), 
and the general theory supporting the estimated mechanisms of its 
reactivity with the hydroxyl OH discussed in Carter (2011).
    The Significant New Alternatives Policy (SNAP) program is the EPA's 
program to evaluate and regulate substitutes for end uses historically 
using ozone-depleting chemicals. Under Section 612(c) of the CAA, the 
EPA is required to identify and publish lists of acceptable and 
unacceptable substitutes for class I or class II ozone-depleting 
substances. According to the SNAP program finding, the HFE-347pcf2 ODP 
is zero and therefore HFE-347pcf2 is listed as an acceptable substitute 
for several of these ozone-depleting chemicals in electronics and 
precision cleaning and as an aerosol solvent in 2012.\1\
---------------------------------------------------------------------------

    \1\ 77 FR 47768, August 10, 2012. Also see list of acceptable 
cleaning solvents under SNAP decision: http://www.epa.gov/ozone/snap/solvents/solvents.pdf.
---------------------------------------------------------------------------

C. Toxicity

    Based on a screening assessment of the health and environmental 
risks of HFE-347pcf2 (available in the docket for the SNAP rule at EPA-
HQ-OAR-2003-0118 under the name, ``Risk Screen on Substitutes CFC-113, 
Methyl Chloroform, and HCFC-141b in Aerosol Solvent, Electronics 
Cleaning, and Precision Cleaning Substitute: HFE-347pcf2''), the SNAP 
program anticipated that users will be able to use the compound in 
precision cleaning without significantly greater health risks than 
presented by use of other available substitutes.
    Potential health effects of HFE-347pcf2 include coughing, 
dizziness, dullness, drowsiness, and headache. Higher concentrations 
can produce heart irregularities, central nervous system depression, 
narcosis, unconsciousness, respiratory failure, or death. This compound 
may also irritate the skin or eyes. The acute and short-term studies 
presented during the SNAP review indicated that HFE-347pcf2 is toxic by 
inhalation, and mortality was observed at high concentrations of 2000 
ppm and above. HFE-347pcf2 is not commonly used outside of industrial 
settings, and other compounds in the same industrial uses have similar 
health and environmental risks. The SNAP program, in their listing of 
HFE-347pcf2 as an acceptable substitute in aerosol solvent, recommended 
that adequate ventilation and good industrial hygiene practice be 
utilized due to the potential neurotoxic effects of this substitute at 
high acute (short-term) concentrations. The manufacturer recommended an 
acceptable exposure limit (AEL) for the workplace of 50 ppm (8-hr total 
weight average, TWA). The EPA recommended a maximum allowable human 
exposure limit of 150 ppm for HFE-347pcf2. The EPA anticipates that 
users following good practices will be able to use HFE-347pcf2 in 
electronics and precision cleaning without appreciable health risks.
    HFE-347pcf2 is not regulated as a hazardous air pollutant (HAP) 
under Title I of the CAA. Also, it is not listed as a toxic chemical 
under Section 313 of the Emergency Planning and Community Right-to-Know 
Act (EPCRA).
    The Toxic Substances Control Act (TSCA) gives the EPA authority to 
assess and prevent potential unreasonable risks to human health and the 
environment before a new chemical substance is introduced into 
commerce. Section 5 of TSCA requires manufacturers and importers to 
notify the EPA before manufacturing or importing a new chemical 
substance by submitting a pre-manufacture notice (PMN) prior to the 
manufacture (including import) of the chemical. Under the TSCA New 
Chemicals Program, the EPA then assesses whether an unreasonable risk 
may, or will, be presented by the expected manufacture, processing, 
distribution in commerce, use, and disposal of the new substance. The 
PMN for HFE-347pcf2 stated the substance will be used in industrial 
settings for cleaning electronic components, precision cleaning, 
dewatering of electronic components and other parts following aqueous 
cleaning, and as a carrier/lubricant coating for hard disk drives and 
other precision parts. EPA did not determine that the above-listed 
proposed industrial processing or use of the substance presents an 
unreasonable risk. The EPA has determined, however, that domestic 
manufacture, use in non-industrial products, or use other than as 
described in the PMN may cause serious chronic health effects. To 
mitigate risks identified during the PMN review of HFE-347pcf2 (PMN P-
04-0635), EPA issued a Significant New Use Rule (SNUR) \2\ requiring 
that manufacturers notify the EPA prior to manufacture or processing of 
the compound for any new use other than those proposed in the PMN. The 
required notification will provide the EPA with the opportunity to 
evaluate the intended use and, if necessary, to prohibit or limit that 
activity before it occurs.
---------------------------------------------------------------------------

    \2\ 77 FR 61117 (Oct. 5, 2012): FR document, with preamble 
background. See 40 CFR 721.10549.
---------------------------------------------------------------------------

D. Contribution to Climate Change

    The Intergovernmental Panel on Climate Change (IPCC) Fifth 
Assessment Report (IPCC AR5) estimated the lifetime of HFE-347pcf2 to 
be 6.0 years and the radiative efficiency to be 0.48 W/m\2\/ppb. The 
report estimated the resulting 100-year global warming potential (GWP) 
to be 889, meaning that, over a 100-year period, one ton of HFE-347pcf2 
traps 889 times as much warming energy as one ton of CO2 
(IPCC, 2013).\3\ HFE-347pcf2's GWP of 889 is lower than some of the 
substitutes in the end uses for which it has been listed as acceptable 
under the SNAP program, such as HFC-4310mee (GWP = 1650), but higher 
than the GWP of some other substitutes, such as HFC-365mfc (GWP = 804), 
HFE-7100 (GWP = 421) and aqueous cleaners with no direct GWP. Under the 
SNAP program, the EPA continually reviews the availability of 
acceptable substitutes and expects to eventually eliminate higher-GWP 
chemicals from the list of acceptable compounds as safer, lower-GWP 
substitutes become available.
---------------------------------------------------------------------------

    \3\ The GWP value for HFE-347pcf2 of 580 considered in the 2012 
SNAP decision came from the previous IPCC report, AR4 (IPCC, 2007). 
AR4 GWP values are still used in a number of regulatory and 
reporting contexts to maintain consistency and allow for analysis of 
trends.
---------------------------------------------------------------------------

E. Conclusions

    The EPA finds that HFE-347pcf2 is negligibly reactive with respect 
to its contribution to tropospheric O3 formation and thus 
may be exempted from the EPA's definition of VOC in 40 CFR 51.100(s). 
HFE-347pcf2 has been

[[Page 50334]]

listed as acceptable for use in electronic and precision cleaning and 
as an aerosol solvent under the SNAP program (USEPA, 2004). The EPA 
determined that HFE-347pcf2 has a similar or lower stratospheric 
O3 depletion potential than available substitutes in those 
end uses and that the toxicity risk from using HFE-347pcf2 is not 
significantly greater than the risk from using other available 
alternatives. HFE-347pcf2, among other hydrofluoroethers, was found by 
both the Montreal Protocol's solvents, coatings, and adhesives 
technical options committee in 2002 and its technical and economic 
assessment panel in 2005, to be a suitable replacement for other, more 
harmful cleaning solvents (UNEP, 2002, 2005). HFE-347pcf2 is expected 
to be used primarily for the purposes regulated by the SNAP program. It 
is mostly replacing chemicals with higher GWP and the SNAP program will 
continue to evaluate its acceptability as an alternative for those 
specific uses, the EPA has concluded that non-tropospheric ozone-
related risks associated with potential increased use of HFE-347pcf2 
are adequately managed by this program. The EPA does not expect 
significant use of HFE-347pcf2 in applications not covered by the SNAP 
program. However, the SNUR in place under TSCA requires that any 
significant new use of the chemical be reported to EPA using a 
Significant New Use Notice (SNUN).
    Any significant new use of HFE-347pcf2 would need to be evaluated 
by the EPA, and the EPA will continually review the availability of 
acceptable substitute chemicals from the list of acceptable compounds 
under the SNAP program as lower-GWP substitutes become available, which 
could lead to restrictions on the use of HFE-347pcf2, should safer, 
lower-GWP substitutes become available. At this time, SNAP does not 
anticipate further evaluation of HFE-347pcf2 to potentially remove the 
compound from the list of acceptable substitutes in the precision 
cleaning end-use largely because the use of the chemical is limited to 
a small niche market.

V. Direct Final Action

    The EPA is responding to the petition by revising its regulatory 
definition of VOC at 40 CFR 51.100(s) to add HFE-347pcf2 to the list of 
compounds that are exempt from the regulatory definition of VOC because 
it is less reactive than ethane based on a comparison of 
kOH, and mass-based MIR, and molar-based MIR metrics and is 
therefore considered negligibly reactive. As a result of this action, 
if an entity uses or produces any of this compound 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 O3 NAAQS, then this 
compound will not be counted as a VOC in determining whether these 
regulatory obligations have been met. This action may also affect 
whether this compound is considered a VOC for state regulatory purposes 
to reduce O3 formation if a state relies on the EPA's 
regulatory 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, no state may take credit for controlling 
this compound in its O3 control strategy. Consequently, 
reduction in emissions for this compound will not be considered or 
counted in determining whether states have met the rate of progress 
requirements for VOC in SIPs or in demonstrating attainment of the 
O3 NAAQS.

VI. 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 direct final rule removes 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 action 
removes 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 rulemaking 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

[[Page 50335]]

peoples, as specified in Executive Order 12898 (59 FR 7629 February 16, 
1994). 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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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 filed, and shall not postpone the effectiveness of such action. 
Thus, any petitions for review of this action related to the exemption 
of HFE-347pcf2 from the regulatory 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.

References

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.
Carter, W. P. L. (1994) Development of ozone reactivity scales for 
volatile organic compounds. J. Air Waste Manage, 44: 881-899.
Carter, W. P. L. (2008) Reactivity Estimates for Selected Consumer 
Product Compounds, Final Report to California Air Resources Board 
Contract No. 06-408, February 19, 2008. http://www.arb.ca.gov/research/reactivity/consumer_products.pdf.
Carter, W. P. L. (2011) SAPRC Atmospheric Chemical Mechanisms and 
VOC Reactivity Scales, Web page at http://www.engr.ucr.edu/~carter/
SAPRC/ Last updated in Sept. 14, 2013. Tables of Maximum Incremental 
Reactivity (MIR) Values available at http://www.arb.ca.gov/regact/2009/mir2009/mir2009.htm. May 11, 2011.
Carter, W. P. L. (2014) Estimating the ground-level atmospheric 
ozone formation potentials of 1,1,2,2-Tetrafluoro-1-(2,2,2-
trifluoroethoxy) ethane (HFE-347pcf2), November 13, 2014.
IPCC, 2007: 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, 996 pp.
IPCC, 2013: Climate Change 2013: The Physical Science Basis. 
Contribution of Working Group I to the Fifth Assessment Report of 
the Intergovernmental Panel on Climate Change [Stocker, T. F., D. 
Qin, G.-K. Plattner, M. Tignor, S. K. Allen, J. Boschung, A. Nauels, 
Y. Xia, V. Bex and P. M. Midgley (eds.)]. Cambridge University 
Press, Cambridge, United Kingdom and New York, NY, USA, 1535 pp.
Pitts, J. N. Jr., Winer, A. M., Aschmann, S. M., Carter, W. P. L., 
and Atkinson, K. (1983), Experimental Protocol for Determining 
Hydroxyl Radical Reaction Rate Constants Environmental Science 
Research Laboratory, ORD, USEPA. EPA600/3-82-038.
Tokuhashi, K., Takahashi, A., Kaise, M., Kondo, K., Sekiya, A., 
Yamashita, S., and Ito, H., (2000), Rate Constants for the Reactions 
of OH Radicals with CH3OCF2CHF2, 
CHF2OCH2CF2CHF2, 
CHF2OCH2CF2CF3, and 
CF3CH2OCF2CHF2 over the 
Temperature Range 250-430 K. J. Phys. Chem. Kinet A, 2000, V 104, N 
6, 17 February, 2000.
UNEP (2002), Montreal Protocol on Substances that Deplete the Ozone 
Layer: 2002 Report of the Solvents, Coatings, and Adhesives 
Technical Options Committee, Assessment Report, 2002.
UNEP Technology and Economic Assessment Panel, UNEP/TEAP, (2005), 
Montreal Protocol on Substances that Deplete the Ozone Layer, 
Progress Report, May 2005.
USEPA, (USEPA/SNAP), (2004), The U.S. Solvents Cleaning Industry and 
the Transition to Non Ozone Depleting Substances, September 2004.

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.

    For reasons stated 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

Subpart F--Procedural Requirements

0
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.


0
2. Section 51.100 is amended by revising the introductory text of 
paragraph (s)(1) to read as follows:


Sec.  51.100   Definitions.

* * * * *
    (s)(1) This includes any such organic compound other than the 
following, which have been determined to have negligible photochemical 
reactivity: Methane; ethane; methylene chloride (dichloromethane); 
1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-
trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); 
dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); 
trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-
114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-
dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-
dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-
142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane 
(HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane 
(HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride 
(PCBTF); cyclic, branched, or linear completely methylated siloxanes; 
acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-
1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-
pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane 
(HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161); 
1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane 
(HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-
pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-
245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-
pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 
chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane 
(HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane 
(C4F9OCH3 or HFE-7100); 2-
(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane

[[Page 50336]]

((CF3)2CFCF2OCH3); 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 
(C4F9OC2H5 or HFE-7200); 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OC2H5
); 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)); trans 1-chloro-
3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-
methyl-1-propanol; t-butyl acetate; 1,1,2,2- Tetrafluoro -1-(2,2,2-
trifluoroethoxy) ethane; and perfluorocarbon compounds which fall into 
these classes:
* * * * *
[FR Doc. 2016-17789 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P


