[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Rules and Regulations]
[Pages 12085-12087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5663]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE041-1019a; FRL-6238-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Definitions of VOCs and Exempt Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Delaware State Implementation Plan (SIP). The revisions consist of 
amendments to the definitions of the terms ``volatile organic 
compounds'' (VOCs), and ``exempt compounds.'' EPA is approving these 
revisions because they make Delaware's definitions consistent with the 
federal definition of VOCs.

DATES: This rule is effective on May 10, 1999 without further notice, 
unless EPA receives adverse written comment by April 12, 1999. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; and Delaware 
Department of Natural Resources & Environmental Control, 89 Kings 
Highway, Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected]. While information may be obtained 
via e-mail, comments must be submitted in writing in accordance with 
the procedures provided above.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 28, 1998, the State of Delaware submitted formal 
revisions to its SIP. The revisions consist of amending the SIP's 
definitions of the terms ``VOCs'' and ``exempt compounds'' to be 
consistent with the federal definition of VOC found at 40 CFR 51.100 
(s)(1).

II. Summary of SIP Revision

    Delaware REGULATION 1--DEFINITIONS AND ADMINISTRATIVE PRINCIPLES, 
Section 2--Definitions, * * * VOLATILE ORGANIC COMPOUNDS is amended by 
adding twenty-four additional organic compounds to the list of 
compounds exempted from the definition of VOCs because those compounds 
have been determined to be of negligible photochemical reactivity. 
Regulation 24--CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS, Section 
2--Definitions,* * * s. ``Exempt Compounds'' is amended to reference 
the list of negligibly photochemically reactive compounds found in 
REGULATION 1. The revisions to these Delaware regulations is approvable 
because these compounds have been determined by the Environmental 
Protection Agency to have negligible photochemical reactivity and 
therefore do not participate in chemical reactions that contribute to 
the formation of ozone, commonly referred to as smog.
    The following are the twenty-four organic compounds that have been 
added to Delaware's list of compounds exempt from the definition of 
VOCs in accordance with 40 CFR 51.100(s)(1):

1. Parachlorobenzotrifluoride (PCBTF),
2. Cyclic, branched, or linear completely methylated siloxanes,
3. Acetone,
4. Perchloroethylene (tetrachloroethylene),
5. HCFC-225ca (3, 3-dichloro-1, 1, 1, 2, 2-pentafluoropropane),
6. HCFC-225cb (1, 3-dichloro-1, 1, 2, 2, 3-pentaflouropropane),
7. HFC-43-10mee (1, 1, 1, 2, 3, 4, 4, 5, 5, 5-decafluoropentane),
8. HFC-32 (difluoromethane),
9. HFC-161 (ethylfluoride),
10. HFC-236fa (1, 1, 1, 3, 3, 3-hexafluoropropane),
11. HFC-245ca (1, 1, 2, 2, 3-pentafluoropropane),
12. HFC-245ea (1, 1, 2, 3, 3-pentafluoropropane),
13. HFC-245eb (1, 1, 1, 2, 3-pentafluoropropane),
14. HFC-245fa (1, 1, 1, 3, 3-pentafluoropropane),
15. HFC-236ea (1, 1, 1, 2, 3, 3-hexafluoropropane),
16. HFC-365mfc (1, 1, 1, 3, 3-pentafluorobutane),
17. HCFC-31 (chlorofluoromethane),
18. HCFC-151a (1-chloro-1-fluoroethane),
19. HCFC-123a (1, 2-dichloro-1, 1, 2-trifluoroethane),
20. 1, 1, 1, 2, 2, 3, 3, 4, 4-nonafluoro-4-methoxy-butane 
(C4F9OCH3),
21. 2-(difluoromethoxymethyl)-1, 1, 1, 2, 3, 3, 3-heptafluoropropane 
((CF3)2CFCF2OCH3),
22. 1-ethoxy-1, 1, 2, 2, 3, 3, 4, 4, 4-nonafluorobutane 
(C4F9OC2H5),
23. 2-(ethoxydifluoromethyl)-1, 1, 1, 2, 3, 3-heptafluoropropane 
((CF3)2CFCF2OC2H5
), and
24. Methyl acetate.

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on May 10, 1999 without further 
notice unless EPA receives

[[Page 12086]]

adverse comment by April 12, 1999. If EPA receives adverse comment, EPA 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

III. Final Action

    EPA is approving the SIP revisions submitted on December 28, 1998 
by the Delaware Department of Natural Resources and Environmental 
Control to amend REGULATION 1--DEFINITIONS AND ADMINISTRATIVE 
PRINCIPLES, Section 2-Definitions, * * * VOLATILE ORGANIC COMPOUNDS and 
REGULATION 24--CONTROL OF VOLATILE ORGANIC COMPOUNDS, Section 2--
Definitions,* * * s. ``Exempt compounds.''

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under E.O. 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If EPA complies by consulting, E.O. requires EPA to 
provide OMB a description of the extent of EPA's prior consultation 
with representatives of affected state, local, and tribal governments, 
the nature of their concerns, copies of written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, E.O. 12875 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

    E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that the EPA determines (1) is ``economically 
significant,'' as defined under E.O. 12866, and (2) the environmental 
health or safety risk addressed by the rule has a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency. This final rule is not subject 
to E.O. 13045 because it is not an economically significant regulatory 
action as defined by E.O. 12866, and it does not address an 
environmental health or safety risk that would have a disproportionate 
effect on children.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If EPA complies by 
consulting, E.O. 13084 requires EPA to provide to OMB, in a separately 
identified section of the preamble to the rule, a description of the 
extent of EPA's prior consultation with representatives of affected 
tribal governments, a summary of the nature of their concerns, and a 
statement supporting the need to issue the regulation. In addition, 
E.O. 13084 requires EPA to develop an effective process permitting 
elected and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.'' Today's rule does not significantly or uniquely affect 
the communities of Indian tribal governments. This action does not 
involve or impose any requirements that affect Indian Tribes. 
Accordingly, the requirements of section 3(b) of E.O. 13084 do not 
apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of a flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    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 rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select 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 promulgated does not include a Federal mandate that 
may result in estimated annual 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 requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

[[Page 12087]]

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action approving Delaware's definitions of VOCs 
and exempted compounds must be filed in the United States Court of 
Appeals for the appropriate circuit by May 10, 1999. 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, Ozone, Volatile 
organic compounds.

    Dated: February 25, 1999.
Thomas J. Maslany,
Acting Regional Administrator, Region III.

    40 CFR part 52 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 et seq.

Subpart I--Delaware

    2. In Sec. 52.420, the entry for Regulation 1, Section 2; and 
Regulation 24, Section 2 in the ``EPA-Approved Regulations in the 
Delaware SIP'' table in paragraph (c) is revised to read as follows:


Sec. 52.420  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                  EPA-Approved Regulations in the Delaware SIP
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                                                            State
          State citation               Title/subject      effective     EPA Approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
           Regulation 1                              Definitions and Administrative Principles
 
 
                  *                  *                  *                  *                  *
Section 2........................  Definitions.........     10/11/98  3/11/99 64 FR 12087.  Some terms not in
                                                                                             SIP due to subject
                                                                                             matter.
 
                  *                  *                  *                  *                  *
          Regulation 24                            Control of Volatile Organic Compound Emissions
 
 
                   *                *                  *                  *                  *
Section 2........................  Definitions.........     10/11/98  3/11/99 64 FR 12087.  The revised
                                                                                             definition of
                                                                                            ``Exempt
                                                                                             compounds''.
 
                 *                  *                  *                  *                    *
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[FR Doc. 99-5663 Filed 3-10-99; 8:45 am]
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