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PROPOSAL:

Amend Rule 102 - Definition of Terms

SYNOPSIS:

The proposed amendment adds the following five compounds to the Group I list of Exempt Compounds in Rule 102: HFC-32, C4F9OCH3, (CF3)2CFCF2OCH3, C4F9OC2H5, and (CF3)2CFCF2OC2H5.

COMMITTEE:

Not Applicable

RECOMMENDED ACTION:

Amend Rule 102 - Definition of Terms.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

Volatile organic compounds (VOCs) are chemical compounds that may lead to the formation of ozone in the lower atmosphere, and are therefore, controlled under federal, state, and local air pollution control laws and regulations. Compounds which have little or no potential to form tropospheric ozone are considered exempt from the definition of VOC. All compounds that appear on the list of exempt compounds are therefore, generally exempted from VOC control laws, rules, and regulations, unless otherwise stated. From time to time, the United States Environmental Protection Agency (EPA) adds chemical compounds to the list of exempt compounds, or de-lists such compounds from the federal VOC definition based on scientific evidence and technical findings.

The EPA revised the federal VOC definition in September 1997 (62 Fed. Reg. 44900, August 25, 1997) to exclude 16 compounds from the federal VOC definition. The compounds were de-listed from the federal VOC definition on the basis that they have negligible contribution to the formation of tropospheric ozone.

AQMD staff has reviewed the information published by EPA and concurs with EPA that all of the 16 compounds de-listed from the federal VOC definition have negligible contributions to the formation of tropospheric ozone. Therefore all of the 16 compounds are eligible for exemption from local VOC control rules and regulations. However, to comply with the requirements of CEQA, AQMD must analyze these compounds relative to any other environmental effects.

Some of the 16 compounds de-listed from the federal VOC definition have been evaluated for toxicity by EPA. This information has been reviewed by AQMD staff, who also reviewed information dealing with these compounds’ ozone depletion potential. Based on EPA’s findings and AQMD’s own review of the available information on toxicity and ozone depletion potential of these compounds, the following five compounds are proposed to be listed as Group I Exempt Compounds in Rule 102: HFC-32, C4F9OCH3, (CF3)2CFCF2OCH3, C4F9OC2H5, and (CF3)2CFCF2OC2H5. AQMD staff will continue to evaluate the remaining 11 compounds, and bring them forward for exemption from AQMD’s VOC definition as soon as possible.

HFC-32 is used as a refrigerant. C4F9OCH3 and (CF3)2CFCF2OCH3 are inseparable isomers that make up a commercial product named HFE-7100. HFE-7100 is a solvent that may be used as a degreaser, film cleaner, and a general solvent. The last remaining compounds are inseparable isomers that make up a product named HFE-7200. HFE-7200 is a solvent that may be used in the same type of application as HFE-7100. 3M is the only known manufacturer of HFE-7100 and HFE-7200 at this point. HFCs are known to be manufactured by DuPont, Allied Signal, and other chemical companies.

Proposal

The proposed amendment to Rule 102 adds, effective on the date of adoption, the following five compounds as Group I Exempt Compounds: HFC-32, C4F9OCH3, (CF3)2CFCF2OCH3, C4F9OC2H5, and (CF3)2CFCF2OC2H5. These compounds are generally known as hydrofluorocarbon (HFC) or hydrofluoroethers (HFEs).

Policy Issues

Several comments were recently received from chemical suppliers who are competing in the marketplace with suppliers of HFE-7100 and HFE-7200. These comments relate to the process and procedure for CEQA compliance and compliance with state law requirements for rule development. Staff has responded to these issues in Attachment D and the Staff Report.

AQMP & Legal Mandate

The California Health and Safety Code requires the AQMD to adopt an AQMP to meet state and federal ambient air quality standards in the South Coast Air Basin. The California Health and Safety Code also requires that the AQMD adopt rules and regulations that carry out the objectives of the AQMP. This proposal complies with the objectives of the AQMP and does not impact any future emission reductions or implementation of the AQMP.

CEQA & Socioeconomic Analysis

The proposed amendments to Rule 102 have been evaluated pursuant to CEQA Guidelines Section 15002 (k) to determine the appropriate CEQA document. An initial study was prepared pursuant to CEQA Guidelines Section 15063, which showed no significant adverse environmental impacts. Consequently, the AQMD has prepared a draft negative declaration pursuant to CEQA Guidelines Section 15070.

Implementation Plan

The definitions in Rule 102 supersede all exempt compound definitions in other AQMD regulations including, but not limited to, Regulations III - Fees, IV - Prohibitions, XI - Source Specific Standard, and XIII - New Source Review. The proposed amendment will have no impact on existing emission limits. In fact, this proposal may facilitate compliance with the emissions limitations of many VOC rules through increasing the use of exempt compounds, thus lowering VOC emissions. Staff will work with all affected facilities to implement the proposed revisions, following Board action.

Resource Impacts

AQMD resources are sufficient to implement the proposed amendment and no additional impacts are expected on staff or fiscal resources.

Attachments

Summary of Proposed Amendments

Rule Development Process

Key Contacts List

Key Issues and Responses

Resolution

Rule Language

Final Staff Report

Final Negative Declaration

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