81 FR 50408 - 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)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range		50408-50409
FR Document		2016-17790

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.

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)

[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Proposed Rules]
[Pages 50408-50409]
From the Federal Register Online  [www.thefederalregister.org]
[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

50408 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules

A small business guide on complying ACTION: Proposed rule. I. General Information
with fruit, vegetable, and specialty crop
marketing agreements and orders may SUMMARY: The Environmental Protection A. Why is the EPA issuing this proposed
be viewed at: http://www.ams.usda.gov/ Agency (EPA) is proposing to revise the rule?
rules-regulations/moa/small-businesses. regulatory definition of volatile organic This document proposes to revise the
Any questions about the compliance compounds (VOC) under the Clean Air EPA’s regulatory definition of VOC for
guide should be sent to Antoinette Act (CAA). This proposed revision purposes of preparing state
Carter at the previously mentioned would add 1,1,2,2-Tetrafluoro-1-(2,2,2- implementation plans (SIPs) to attain
address in the FOR FURTHER INFORMATION trifluoroethoxy) ethane (also known as
the national ambient air quality
CONTACT section. HFE–347pcf2; CAS number 406–78–0)
standards (NAAQS) for ozone under
A 60-day comment period is provided to the list of compounds excluded from
to allow interested persons to respond the regulatory definition of VOC on the title I of the CAA by adding HFE–
to this proposal. All written comments basis that this compound makes a 347pcf2 to the list of compounds
timely received will be considered negligible contribution to tropospheric excluded from the regulatory definition
before a final determination is made on ozone formation. In the ‘‘Rules and of VOC on the basis that this compound
this matter. Regulations’’ section of this Federal makes a negligible contribution to
Register, we are making this same tropospheric ozone formation. We have
List of Subjects in 7 CFR Part 948 published a direct final rule in the
amendment as a direct final rule
Marketing agreements, Potatoes, without a prior proposed rule. If we ‘‘Rules and Regulations’’ section of this
Reporting and recordkeeping receive no adverse comment, we will Federal Register because we view this
requirements. not take further action on this proposed action as a noncontroversial action and
For the reasons set forth in the rule. anticipate no adverse comment. We
preamble, 7 CFR part 948 is proposed to have explained our reasons for this
DATES: Written comments must be
be amended as follows: action in the preamble to the direct final
received on or before August 31, 2016.
rule.
PART 948—IRISH POTATOES GROWN ADDRESSES: Submit your comments, If we receive no adverse comment, we
IN COLORADO identified by Docket ID No. EPA–HQ– will not take further action on this
OAR–2015–0041, at http://
■ 1. The authority citation for 7 CFR proposed rule. If we receive adverse
www.regulations.gov. Follow the online
part 948 continues to read as follows: comment, we will withdraw the direct
instructions for submitting comments.
Authority: 7 U.S.C. 601–674. Once submitted, comments cannot be final rule and it will not take effect. We
edited or removed from Regulations.gov. would address all public comments in
■ 2. In § 948.386, paragraph (a)(3) is any subsequent final rule based on this
revised to read as follows: The EPA may publish any comment
received to its public docket. Do not proposed rule.
§ 948.386 Handling regulation. submit electronically any information We do not intend to institute a second
* * * * * you consider to be Confidential comment period on this action. Any
(a) * * * Business Information (CBI) or other parties interested in commenting must
(3) 11⁄2-inch minimum to 21⁄4-inch information whose disclosure is do so at this time. For further
maximum diameter (Size B). U.S. restricted by statute. Multimedia information, please see the information
Commercial grade or better, except that submissions (audio, video, etc.) must be provided in the ADDRESSES section of
red varieties may be U.S. No. 2 grade or accompanied by a written comment. this document.
better. The written comment is considered the
official comment and should include B. Does this action apply to me?
* * * * *
discussion of all points you wish to
Dated: July 27, 2016. Entities potentially affected by this
make. The EPA will generally not
Elanor Starmer, direct final rule include, but are not
consider comments or comment
Administrator, Agricultural Marketing contents located outside of the primary necessarily limited to, state and local air
Service. submission (i.e. on the web, cloud, or pollution control agencies that adopt
[FR Doc. 2016–18114 Filed 7–29–16; 8:45 am] other file sharing system). For and implement regulations to control air
BILLING CODE 3410–02–P additional submission methods, the full emissions of VOC; and industries
EPA public comment policy, manufacturing and/or using HFE–
information about CBI or multimedia 347pcf2 as a precision cleaning agent to
ENVIRONMENTAL PROTECTION submissions, and general guidance on remove contaminates including oil, flux,
AGENCY making effective comments, please visit fingerprints from items like medical
http://www2.epa.gov/dockets/ devices, artificial implants, crucial
40 CFR Part 51 commenting-epa-dockets. military and aerospace items, electric
components, printed circuit boards,
[EPA–HQ–OAR–2015–0041; FRL–9949–76– FOR FURTHER INFORMATION CONTACT:
OAR]
optics, jewelry, ball bearings, aircraft
Souad Benromdhane, Office of Air guidance systems, film, relays and a
RIN 2060–AR94 Quality Planning and Standards, Health variety of metal components, among
sradovich on DSK3GMQ082PROD with PROPOSALS

and Environmental Impacts Division,
others. In addition to being available in
Air Quality: Revision to the Regulatory Mail Code C539–07, Environmental
the docket, an electronic copy of this
Definition of Volatile Organic Protection Agency, Research Triangle
proposal will also be available on the
Compounds—Exclusion of 1,1,2,2- Park, NC 27711; telephone: (919) 541–
4359; fax number: (919) 541–5315; World Wide Web. Following signature
Tetrafluoro-1-(2,2,2-trifluoroethoxy)
email address: benromdhane.souad@ by the EPA Administrator, a copy of this
Ethane (HFE–347pcf2)
epa.gov. action will be posted on the EPA’s Web
AGENCY: Environmental Protection site http://www.epa.gov/airquality/
Agency (EPA). SUPPLEMENTARY INFORMATION: ozonepollution/actions.html#impl.

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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules 50409

C. What should I consider as I prepare under the RFA. This action will not H. Executive Order 13211: Actions
my comments for the EPA? impose any requirements on small Concerning Regulations That
Submitting CBI: Do not submit this entities. This action removes HFE– Significantly Affect Energy Supply,
information to the EPA through 347pcf2 from the regulatory definition Distribution or Use
www.regulations.gov or email. Clearly of VOC and thereby relieves This action is not subject to Executive
mark the part or all of the information manufacturers, distributers and users of Order 13211, because it is not a
that you claim to be CBI. For CBI the compound from requirements to significant regulatory action under
information on a disk or CD–ROM that control emissions of the compound. Executive Order 12866.
you mail to the EPA, mark the outside
D. Unfunded Mandates Reform Act I. National Technology Transfer and
of the disk or CD–ROM as CBI and then
identify electronically within the disk or (UMRA) Advancement Act (NTTAA)
CD–ROM the specific information that This action does not contain any This action does not involve technical
is claimed as CBI. In addition to one unfunded mandate as described in standards.
complete version of the comment that UMRA, 2 U.S.C. 1531–1538, and does J. Executive Order 12898: Federal
includes information claimed as CBI, a not significantly or uniquely affect small Actions To Address Environmental
copy of the comment that does not governments. The action imposes no Justice in Minority Populations and
contain the information claimed as CBI
enforceable duty on any state, local or Low-Income Populations
must be submitted for inclusion in the
tribal governments or the private sector. The EPA believes that this action does
public docket. Information so marked
will not be disclosed except in E. Executive Order 13132: Federalism not have disproportionately high and
accordance with procedures set forth in adverse human health or environmental
40 CFR part 2. This action does not have federalism effects on minority populations, low-
implications. It will not have substantial income populations and/or indigenous
II. Proposed Rule direct effects on the states, on the peoples, as specified in Executive Order
This proposed action would revise the relationship between the national 12898 (59 FR 7629, February 16, 1994).
EPA’s regulatory definition of VOC for government and the states, or on the This action would remove HFE–347pcf2
purposes of preparing SIPs to attain the distribution of power and from the regulatory definition of VOC
NAAQS for ozone under title I of the responsibilities among the various and thereby relieves manufacturers,
CAA, by adding HFE–347pcf2 to the list levels of government. distributers and users of the compound
of compounds excluded from the from requirements to control emissions
regulatory definition of VOC on the F. Executive Order 13175: Consultation of the compound.
basis that this compound makes a and Coordination With Indian Tribal
Governments List of Subjects in 40 CFR Part 51
negligible contribution to tropospheric
ozone formation. We have explained our Environmental protection,
reasons for this action in the preamble This action does not have tribal Administrative practice and procedure,
to the direct final rule. The regulatory implications as specified in Executive Air pollution control, Ozone, Reporting
text for the proposal is identical to that Order 13175. This proposed rule would and recordkeeping requirements,
for the direct final rule published in the remove HFE–347pcf2 from the Volatile organic compounds.
‘‘Rules and Regulations’’ section of this regulatory definition of VOC and Dated: July 20, 2016.
Federal Register. For further thereby relieves manufacturers,
Gina McCarthy,
supplementary information, the detailed distributers and users from
Administrator.
rationale for the proposal and the requirements to control emissions of the
[FR Doc. 2016–17790 Filed 7–29–16; 8:45 am]
regulatory revisions, see the direct final compound. Thus, Executive Order
BILLING CODE 6560–50–P
rule published under ‘‘Rules and 13175 does not apply to this action.
Regulations’’ of the Federal Register.
G. Executive Order 13045: Protection of
III. Statutory and Executive Order Children From Environmental Health ENVIRONMENTAL PROTECTION
Reviews and Safety Risks AGENCY
A. Executive Order 12866: Regulatory This action is not subject to Executive 40 CFR Part 52
Planning and Review and Executive Order 13045 because it is not
Order 13563: Improving Regulation and [EPA–R04–OAR–2016–0209; FRL–9950–00–
economically significant as defined in Region 4]
Regulatory Review
Executive Order 12866, and because the
This action is not a significant EPA does not believe the environmental Air Plan Approval; Alabama and North
regulatory action and was therefore not health or safety risks addressed by this Carolina; Interstate Transport—2010
submitted to the Office of Management action present a disproportionate risk to NO2 Standards
and Budget (OMB) for review. children. Since HFE–347pcf2 is utilized AGENCY: Environmental Protection
B. Paperwork Reduction Act (PRA) in specific industrial applications where Agency.
This action does not impose an children are not present and dissipates
ACTION: Proposed rule.
information collection burden under the quickly, there is no exposure or
sradovich on DSK3GMQ082PROD with PROPOSALS

PRA. It does not contain any disproportionate risk to children. This SUMMARY: The Environmental Protection
recordkeeping or reporting proposed rule would remove HFE– Agency (EPA) is proposing to approve a
requirements. 347pcf2 from the regulatory definition revision to the North Carolina SIP,
of VOC and thereby relieves submitted by the North Carolina
C. Regulatory Flexibility Act (RFA) manufacturers, distributers and users Department of Environmental Quality
I certify that this action will not have from requirements to control emissions (NC DEQ) on March 24, 2016, and the
a significant economic impact on a of the compound. portions of a revision to the Alabama
substantial number of small entities State Implementation Plan (SIP),

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Document Created: 2016-07-30 06:25:37
Document Modified: 2016-07-30 06:25:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before August 31, 2016.
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)
FR Citation		81 FR 50408
RIN Number		2060-AR94
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds