[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2419-2423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1299]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE26-1-6940a; FRL-5320-1]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware: Regulation 24--``Control of Volatile Organic Compound
Emissions''
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware on December 19, 1994 pertaining to
Delaware Regulation 24--``Control of Volatile Organic Compound
Emissions'', sections 10, 11, 12, 44, 45, 47, 48, and 49, and
Appendices I, K, L, and M, effective November 29, 1994. These sections
of Regulation 24 establish additional emission standards that represent
the application of reasonably available control technology (RACT) to
categories of stationary sources of volatile organic compounds (VOCs),
and establish associated testing, monitoring, recordkeeping, compliance
certification, and permit requirements. This revision was submitted to
comply with the RACT ``Catch-up'' provisions of the Clean Air Act
Amendments of 1990 (CAAA). This action is being taken under section 110
of the Clean Air Act (CAA).
EFFECTIVE DATE: This action will become effective March 26, 1996 unless
notice is received on or before February 26, 1996 that adverse or
critical comments will be submitted. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460; and the
Delaware Department of Natural Resources & Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 597-3164, at the
EPA Region III address above.
SUPPLEMENTARY INFORMATION: On December 19, 1994, the Delaware
Department of Natural Resources & Environmental Control (DNREC)
submitted a revision to its SIP. This revision was submitted to comply
with the RACT ``Catch-up'' provisions of the CAA. The revision pertains
to Regulation 24, ``Control of Volatile Organic Compound Emissions'',
by establishing statewide emissions standards for eight (8) additional
VOC source categories, effective November 29, 1994. The 8 additional
VOC source categories are as follows: (1) Section 10--Aerospace
Coatings, (2) Section 11--Motor Vehicle Refinishing, (3) Section 12--
Surface Coating of Plastic Parts, (4) Section 44--Batch Processing
Operations, (5) Section 45--Industrial Cleaning Solvents, (6) Section
47--Offset Lithographic Printing, (7) Section 48--Reactor Processes and
Distillation Operations in the Synthetic Organic Chemical Manufacturing
Industry (SOCMI), and (8) Section 49--Control of Volatile Organic
Compound Emissions from Volatile Organic Liquid Storage Vessels. In
addition, new appendices were added as follows: Appendix I--Method to
Determine Length of Rolling Period for Liquid/Liquid Material Balance,
Appendix K--Emission Estimation Methodologies, Appendix L--Method to
Determine Total Organic Carbon for Offset Lithographic Solutions, and
Appendix M--Test Methods for Determining the Performance of Alternative
Cleaning Fluids. A revision to Regulation 24, section 2--Definitions--
additions, and an Errata sheet to correct typographical errors,
reference notations, etc. were also submitted on December 19, 1994 and
effective November 29, 1994.
I. EPA Evaluation and Action
VOCs contribute to the production of ground level ozone and smog.
These rules were adopted as part of an effort to achieve the National
Ambient Air Quality Standard (NAAQS) for ozone. [The other source
categories was published in the Federal Register on May 3, 1995 (60 FR
21708).]. The following is EPA's evaluation of and action on sections
10, 11, 12, 44, 45, 47, 48, and 49, and appendices I, K, L, and M of
Regulation 24, for the State of Delaware. Detailed descriptions of the
amendments addressed in this document, and EPA's evaluation of the
amendments, are contained in the technical support document (TSD)
prepared for these rulemaking actions
[[Page 2420]]
by EPA. Copies of the TSD are available from the EPA Regional office
listed in the ADDRESSES section of this document.
For the purpose of assisting States and local agencies in
developing RACT rules, EPA prepared a series of control technique
guidance (CTG), and alternative control technology (ACT). The CTGs and
ACTs applicable to the sections mentioned above are: Aerospace Coatings
(CTG & MACT)--59 FR 29216, June 6, 1994; Automobile Refinishing (ACT)--
EPA-453/R-94-031, April 1994; Surface Coating of Automotive/
Transportation and Business Machine Parts (ACT)--EPA-453/R-94-017,
February 1994; Control of VOC Emissions from Batch Processes (ACT)--
EPA-453/R-93-017, February 1994; Industrial Cleaning Solvents (ACT)--
EPA-453/R-94-015, February 1994; Offset Lithographic Printing (ACT)--
EPA-453/R-94-054, June 1994; Control of VOC Emissions from Reactor
Processes and Distillation Operations in SOCMI (CTG)--EPA-450/4-91-031,
August 1993; and Volatile Organic Liquid Storage in Floating and Fixed
Roof Tanks (ACT)--EPA-453/R-94-001, January 1994.
State Submittal: Sections 10, 11, 12, 44, 45, 47, 48, and 49 of
Regulation 24 cover the following VOC source categories, respectively:
Aerospace Coatings, Motor Vehicle Refinishing, Surface Coating of
Plastic Parts, Batch Processing Operations, Industrial Cleaning
Solvents, Offset Lithographic Printing, Reactor Processes and
Distillation Operations in the Synthetic Organic Chemical Manufacturing
Industry, and Control of Volatile Organic Compound Emissions from
Volatile Organic Liquid Storage Vessels. Appendices I, K, L, & M cover
respectively: Method to Determine Length of Rolling Period for Liquid/
Liquid Material Balance, Emission Estimation Methodologies, Method to
Determine Total Organic Carbon for Offset Lithographic Solutions, and
Test Method Determining the Performance of Alternative Cleaning Fluids.
A. Section 10--Aerospace Coatings
Section 10 applies to the following operations in each aerospace
manufacturing or rework facility: (1) general cleaning operations, (2)
all hand-wipe cleaning operations, (3) spray-gun cleaning operations,
(4) all flush cleaning operations, (5) primer and topcoat application
operation, (6) depainting operation, which applies to the depainting of
the outer surface of aerospace vehicles with the exception of parts or
units normally removed during depainting, (7) chemical milling maskant
application operation, and (8) waste storage and handling operation.
Section 10 does not apply to the following operations: Chemical
milling, metal finishing, electrodeposition, composite processing,
adhesives, adhesive bonding primers, sealants, and specialty coatings.
Section 10 does not apply to the aerospace manufacturing and rework
facilities whose plant-wide, actual emissions from the operations
without control devices are less than 15 pounds of volatile organic
compounds (VOCs) per day.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
B. Section 11--Motor Vehicle Refinishing
Section 11 applies to any source that applies coatings to motor
vehicle refinishing operation.
Section 11 does not apply to sources applying coatings to motor
vehicle parts if the parts are not a component of a vehicle or mobile
equipment being coated at a motor vehicle refinishing operation, and to
any coating operation at a motor vehicle assembly plant.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
C. Section 12--Surface Coating of Plastic Parts
Section 12 applies to any facility that coats plastic components
for the following uses:
(1) Automotive or other transportation equipment including interior
and/or exterior parts for automobiles, trucks (light-, medium-, or
heavy-duty), large and small farm machinery, motorcycles, construction
equipment, vans, buses, lawnmowers, and other mobile, motorized
mobilized equipment.
(2) Housing and exterior parts for business and commercial machines
including, but not limited to, computers, copy machines, typewriters,
medical equipment, and entertainment equipment.
Section 12 does not apply to the following operations:
(1) Coating of interior and exterior parts of aircraft.
(2) Coating of exterior of completely assembled marine vessels.
(3) Refinishing of aftermarket automobiles, trucks, and other
transportation equipment.
(4) Coating of internal electrical components of business and
commercial machines.
(5) Coating of a metal component in a spray booth or on a process
line.
Section 12 does not apply to plastic parts coating facilities whose
plant wide actual emissions, without control devices, from all plastic
parts coating operations, are less than 15 pounds of VOCs per day.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
D. Section 44--Batch Processing Operations
Section 44 applies to process vents associated with batch
processing operations in the following affected manufacturing
facilities with the corresponding Standard Industrial Classification
(SIC) Codes:
(1) Plastic Materials & Resins (SIC 2821).
(2) Medical Chemicals & Botanical Products (SIC 2833).
(3) Gum & Wood Chemicals (SIC 2861).
(4) Cyclic Crudes & Intermediates (SIC 2869).
(5) Industrial Organic Chemicals (SIC 2869).
(6) Agricultural Chemicals (SIC 2879).
Section 44 does not apply to the following operations:
(1) Combined process vents from each batch process train with an
annual mass emission total of 10,000 lbs of VOCs or less; or
(2) Single unit operations which have annual mass emission of 227
kg (500 lb) VOCs or less.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA.
E. Section 45--Industrial Cleaning Solvents
Section 45 applies to all sources that use organic solvents for the
purpose of cleaning. Section 45 does not apply to: any non-
manufacturing area cleaning operation, any non-routine maintenance of
manufacturing facilities and equipment, and any source that uses less
than 4,540 kilograms (5 tons) of cleaning solvent per year.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
F. Section 47--Offset Lithographic Printing
Section 47 applies to any offset lithographic printing facility,
including
[[Page 2421]]
heatset web, non-heatset web (non-newspaper), non-heatset sheet-fed,
and newspaper (non-heatset web) facilities.
Section 47 does not apply to any offset lithographic printing
facility whose total actual VOC emissions from all lithographic
printing operations (including emissions from cleaning solutions used
on lithographic printing presses) are less than 15 lbs VOCs per day
before the application of capture systems and control devices.
Section 47 does not apply to other types of printing operations,
such as flexography, rotogravure, or letterpress.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
G. Section 48--Reactor Processes and Distillation Operations in the
Synthetic Organic Chemical Manufacturing Industry
Section 48 applies to any vent stream that originates from a
process unit in which a reactor or distillation operation is located at
a facility within the synthetic organic chemical manufacturing industry
(SOCMI).
Section 48 does not apply to the following operations:
(1) Any reactor process or distillation operation that is designed
and operated in a batch mode.
(2) Any reactor process or distillation operation that is part of a
polymer manufacturing operation.
(3) Any reactor process or distillation operation that operates in
a process unit with a total design capacity of less than 1,100 tons per
year for all chemicals produced within that unit except for the
reporting/recording requirements.
(4) Any vent stream for a reactor process or distillation operation
with a flow rate less than 0.0085 standard cubic meters per minute
(scmm) or a total VOC concentration of less than 500 parts per million
by volume (ppmv) except for the performance testing requirement and the
reporting/recording requirements.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA.
H. Section 49--Control of Volatile Organic Compound Emissions From
Volatile Organic Liquid Storage Vessels
Section 49 applies to each storage vessel with a capacity equal to
or greater than 40,000 gallons that is used to store volatile organic
liquids (VOLs).
Section 49 does not apply to:
(1) Storage vessels with a capacity less than 5,000 gal.
(2) Storage vessels with a capacity equal to or greater than 5,000
gal and less than 40,000 gal provided that records are maintained.
(3) Storage vessels with a capacity equal to or greater than 40,000
gal storing a liquid with a maximum true vapor pressure less than 1.0
psia provided that records are maintained.
(4) Storage vessels with a capacity equal to or greater than 40,000
gal storing a liquid with a maximum true vapor pressure equal to or
greater than 1.0 psia but less then 1.5 psia provided that records are
maintained.
(5) Storage vessels at coke oven by-product plants.
(6) Pressure vessels which operate without emissions to the
atmosphere.
(7) Storage vessels permanently attached to mobile vehicles such as
trucks, railcars, barges, or ships.
(8) Storage vessels used to store beverage alcohol.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA.
I. Appendix I--Method To Determine Length of Rolling Period for Liquid/
Liquid Material Balance
Appendix I determines the length of the rolling material balance
period used in the liquid-liquid material balance test method to
measure the overall performance of volatile organic compound (VOC)
emission control; systems employing carbon adsorbers for solvent
recovery as the control device.
Physical properties and usage are determined for the solvents used
in the process, and configuration and operating parameters are
identified for the emission source and its emission control system.
This information is used to calculate the concentration of VOC in the
outlet air of the capture unit, amount of VOC adsorbed on the carbon,
maximum VOC loading on the carbon, unmeasured solvent holding capacity
of the solvent recovery system, and unmeasured solvent holding capacity
of the process unit. These values are then used to calculate the
rolling material balance period.
EPA's Evaluation: The methods listed above are approvable as SIP
revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
J. Appendix K--Emission Estimation Methodologies
The methodologies presented in Appendix K are based on the Ideal
Gas Law and on fundamental vapor/liquid equilibrium relationships such
as Henry's and Raoult's Law. The equations are for estimating and
characterizing uncontrolled emission streams from batch processes.
EPA's Evaluation: The methods listed above are approvable as SIP
revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
K. Appendix L--Method To Determine Total Organic Carbon for Offset
Lithographic Solutions
Appendix L is a method applicable for the determination of organic
carbon in diluted offset lithographic solutions. Organic carbon in a
sample is converted to carbon dioxide (CO2) by catalytic
combustion or wet chemical oxidation. The CO2 formed can be
measured directly by an infrared detector or converted to methane
(CH4) and measured by a flame ionization detector. The amount of
CO2 or CH4 is directly proportional to the concentration of
carbonaceous material in the sample.
EPA's Evaluation: The methods listed above are approvable as SIP
revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
L. Appendix M--Test Method for Determining the Performance of
Alternative Cleaning Fluids
Appendix M presents a test method for evaluating the performance of
alternative cleaning fluids. Any fluids may be tested, but the primary
intent is that it will be used to evaluate the performance of
alternatives relative to a VOC solvent. It is a screening technique
designed to determine whether the alternatives cleans at least as well
as currently used VOC solvent in a simple, standardized wiping
application.
EPA's Evaluation: The methods listed above are approvable as SIP
revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
As required by 40 CFR 51.102, the State of Delaware has certified
that public hearings with regard to these revisions were held in
Delaware on September 22, 1994.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will become
effective March 26, 1996 unless, within 30 days of publication, adverse
or critical comments are received.
[[Page 2422]]
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective on March 26, 1996.
Final Action
EPA is approving sections 10, 11, 12, 44, 45, 47, 48, and 49, and
Appendices I, K, L, and M of Delaware Regulation 24 as a revision to
the Delaware SIP. The State of Delaware submitted these amendments to
EPA as a SIP revision on December 19, 1994.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements but simply approve requirements that
the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the CAA, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The CAA forbids EPA to base its actions concerning SIP's on
such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66
(1976); 42 U.S.C. 7410(a)(2).
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA the
most cost-effective and least burdensome alternative that achieves the
objectives of the rule and is consistent with statutory requirements.
Section 203 requires EPA to establish a plan for informing and advising
any small governments that may be significantly or uniquely impacted by
the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action approving the 8 additional VOC source categories for
Delaware must be filed in the United States Court of Appeals for the
appropriate circuit by March 26, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Ozone, Reporting and recordkeeping
requirements.
Dated: October 18, 1995.
W. Michael McCabe,
Regional Administrator, Region III.
40 CFR part 52, subpart I of chapter I, title 40 is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart I--Delaware
2. Section 52.420 is amended by adding paragraphs (c)(54) to read
as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
(54) Revisions to the Delaware State Implementation Plan submitted
on December 19, 1994 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference.
(A) Letter of December 19, 1994 from the Delaware Department of
Natural Resources & Environmental Control transmitting Regulation 24--
``Control of Volatile Organic Compound Emissions'', effective November
29, 1994.
(B) Regulation 24--``Control of Volatile Organic Compound
Emissions'', Sections 10, 11, 12, 44, 45, 47, 48, and 49 and appendices
I, K, L, and M, effective November 29, 1994.
(C) Administrative changes to Regulation 24, Section 2--
Definitions: Addition of sections 2(c) Basecoat; 2(j) Clearcoat; 2(x)
Gloss flattener; 2(bb) Internal Floating Roof; 2(gg) Liquid-mounted
seal; 2(ss) Petroleum; 2(tt) Petroleum Liquid; 2(xx) Primer; 2(jjj)
Storage Vessel; 2(mmm) Transfer efficiency; 2(ppp) Vapor-mounted seal;
and 2(ttt) Volatile Organic Liquid (VOL); and section 2(zz) by changing
ASTM D323-89 to ASTM D323-82, effective November 29, 1994.
(D) An Errata sheet of Regulation 24 with administrative changes to
Section 4--4(b) by renumbering section 13 to 10 and section 22 to 23,
4(b)(1)(iii) by renumbering section 13 to 10 and section 22 to 23, 4(c)
by renumbering section 22 to 23, 4(d) by renumbering section 22 to 23,
4(e) by renumbering section 13 to 10 and section 22 to 23, 4(e)(2)(iv)
by adding the following lines: section 10(e)(1)(iii), section 11(d),
section 12(e)(1)(iii), and section 23(e)(1)(iii), 4(e)(x) correcting 50
degrees F to 82 degrees F; Section 8--8(a)(2) by renumbering section 13
to 10; Section 21--21(a)(5) correcting the number 4 to
[[Page 2423]]
5; Section 25--25(c)(4)(vi) by changing calibrated to calculated;
Section 29--29(i)(3)(i)(A) by correcting 0.09 to 0.044 in Hg,
29(i)(3)(i)(B) by correcting 0.09 to 0.044 in Hg; Section 30--30(b) by
deleting definitions of liquid mounted seal and vapor mounted seal that
were added in Section 2--Definitions; Section 31--31(b) by deleting
definition of internal floating roof that was added to Section 2--
Definitions, 31(e)(ii) by correcting letter i to ii; Section 33--
33(f)(3) by correcting (c)(3)(i)(B) to (c)(3)(ii)(B), Section 35--
35(c)(2)(i) by adding weight, 35(c)(3)(i) by adding by weight; Section
37--37(a)(1) by deleting of press ready ink; Section 43--43(a)(1) by
renumbering section 13 to 10 and section 42 to 49; Appendix A--(a) by
renumbering section 13(c)(1) or section 14 through 43 to section 19
through 50; Appendix D--(a)(2)(iii)(4) by deleting to be published,
effective November 29, 1994.
(ii) Additional Material.
(A) Remainder of December 19, 1994 State submittal pertaining to
Regulation 24 referenced in paragraphs (c)(54)(i).
[FR Doc. 96-1299 Filed 1-25-96; 8:45 am]
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