[Federal Register Volume 67, Number 177 (Thursday, September 12, 2002)]
[Proposed Rules]
[Pages 57776-57778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23259]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE061-DE066 -1034; FRL-7375-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Six Control Measures to Meet EPA-Identified Shortfalls in Delaware's 
One-Hour Ozone Attainment Demonstration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Delaware. This proposed revision 
consists of six control measures to meet EPA-identified shortfalls in 
Delaware's one-hour ozone attainment demonstration. The intended effect 
of this action is to propose approval of the six control measures.

DATES: Written comments must be received on or before October 15, 2002.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Planning and information Services 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, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected]. Please note that while questions may be 
posed via telephone and e-mail, formal comments must be submitted in 
writing, as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION: On March 1, 2002, the Delaware Department of 
Natural Resources and Environmental Control (DNREC) submitted to EPA 
revisions to the Delaware's State Implementation Plan (SIP). These 
revisions consist of six control measures to meet EPA-identified 
shortfalls in Delaware's one-hour ozone attainment demonstration for 
the Philadelphia-Wilmington-Trenton severe nonattainment area (64 FR 
70444, December 16, 1999 and 66 FR 54598, October 29, 2001). These six 
control measures also fulfill Delaware's commitment to adopt measures 
to address the shortfalls. In addition, Delaware submitted a technical 
support document (TSD), entitled, Measures to Meet the EPA-Identified 
Shortfalls in Delaware's Phase II Attainment Demonstration for the 
Philadelphia-Wilmington-Trenton Ozone Nonattainment Area (November 11, 
2001), which indicates the reductions achieved by these adopted 
measures.

I. Background

    In December 1999, EPA identified emission reduction shortfalls in 
several one-hour ozone nonattainment areas in the Ozone Transport 
Region and required those areas to address the shortfalls. The Ozone 
Transport Commission (OTC) developed control measures into model rules 
for a number of source categories and estimated emission reduction 
benefits from implementing those model rules that will close the 
shortfalls.

II. Summary of the SIP Revisions

    The following are the six control measures, which are based on the 
model rules developed by OTC, that Delaware adopted and submitted to 
EPA on March 1, 2002, as SIP revisions to meet the shortfalls:
    (1) Regulation 24, Control of Volatile Organic Compound (VOC) 
Emissions, Section 11--Mobile Equipment Repair and Refinishing--applies 
to any person who applies coatings to mobile equipment, such as cars, 
trucks, and/or tractors for beautification or protection in the State 
of Delaware. The regulation establishes: (a) Requirements for using 
improved transfer efficiency coating and application equipment, such as 
high volume low pressure spray guns; (b) requirements for enclosed 
spray gun cleaning techniques; and (c) minimum training standards in 
the proper use of equipment and materials. VOC limits for mobile 
equipment repair and refinishing coatings are in effect nationally 
under the Federal requirements at 40 CFR part 59, subpart B, National 
VOC Emission Standards for Automobile Refinish Coatings, which was 
adopted by EPA in 1998.
    (2) Regulation 24, Control of VOC Emissions, Section 33--Solvent 
Cleaning and Drying--applies to any person who owns or operates solvent 
cleaning machines that contain more

[[Page 57777]]

than one liter of solvent, and that uses any solvent containing VOCs in 
a total concentration greater than 5 percent by weight, as a cleaning 
and/or drying agent. The regulation defines applicability, compliance, 
notification, monitoring, recordkeeping, and reporting requirements 
similar to the OTC model rule. The regulation also includes standards 
for batch cold cleaning machines, batch vapor cleaning machines, in-
line cleaning machines, and cleaning machines not having a solvent/air 
interface. An alternative standard for a batch vapor or in-line 
cleaning machine is also included.
    (3) Regulation 41, Limiting VOC Emissions from Consumer and 
Commercial Products, Section 1--Architectural and Industrial 
Maintenance (AIM) Coatings--applies to any person who supplies, sells, 
offers for sale, blends, repackages for sale, or manufactures any 
architectural coating for use in the State of Delaware. The types of 
coatings affected in this regulation include a broad range of products 
from paints to lacquers, varnishes, roof coatings, waterproofing 
sealers and various others specialty formulations. This regulation does 
not apply to any architectural coating that is sold or manufactured for 
use outside the State of Delaware or for shipment to other 
manufacturers for reformulation or repackaging; any aerosol coating 
product; or any architectural coating that is sold in a container with 
a volume of one liter (1.057 quarts) or less. The regulation 
establishes requirements for container labeling, reporting and 
recordkeeping, test methods, and compliance provisions.
    (4) Regulation 41, Limiting VOC Emissions from Consumer and 
Commercial Products, Section 2--Commercial Products--applies to any 
person who sells, supplies, offers for sale, or manufactures consumer 
products in the State of Delaware. This regulation has 89 categories of 
regulated products. Also included in the regulation are the VOC content 
limits, standards and exemptions, innovative products, administrative 
requirements, recordkeeping and reporting requirements, variances, test 
methods, severability, and an alternative control plan.
    (5) Regulation 41, Limiting VOC Emissions from Consumer and 
Commercial Products, Section 3--Portable Fuel Containers--specifically 
concerns the use of portable containers, and to reduce refueling 
emissions from equipment and engines that are predominantly refueled 
with portable containers. This regulation applies to any person who 
sells, supplies, offers for sale, or manufactures for sale portable 
fuel containers or spouts, or both portable fuel container for use in 
the State of Delaware. This regulation will require each portable fuel 
container and/or spout sold to meet the following requirements: (a) 
Have an automatic shut-off and closure device; (b) contain one opening 
for filling, pouring, and venting; (c) provide certain fuel flow based 
on nominal capacity; and (d) meet a permeation standard. Also, included 
in the regulation are exemptions, standards, testing procedures, 
recordkeeping, and administrative requirements.
    (6) Regulation 42, Specific Emission Control Requirements, Section 
1--Control of Nitrogen Oxides (NOX) Emissions from 
Industrial Boilers--is designed to reduce the emissions of 
NOX from industrial boilers. This regulation would set 
NOX emission rates applicable to sources that remain high 
NOX emitters even after the application of reasonably 
available control technology (RACT) and post-RACT requirements, and 
have not committed substantial capital funds to reduce these 
NOX emissions. This regulation applies to any person that 
owns or operates any combustion unit with a maximum heat input capacity 
of equal to or greater than 100 million btu per hour. Also, included in 
the regulation are exemptions, standards, monitoring, recordkeeping and 
reporting requirements.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for the six 
control measures based on the model rules developed by OTC, to meet 
EPA-identified shortfalls in Delaware's one-hour ozone attainment 
demonstration submitted on March 1, 2002. The implementation of the OTC 
model rules will result in emission reductions to close the EPA 
identified attainment shortfalls for the Philadelphia-Wilmington-
Trenton nonattainment area and 19 counties within 100 kilometers of the 
nonattainment area. The six control measures are: (1) control of VOC 
emissions from mobile equipment repair and refinishing; (2) control of 
VOC emissions from solvent cleaning and drying; (3) control of VOC 
emissions from AIM coatings; (4) control of VOC emissions from consumer 
products; (5) control of VOC emissions from portable fuel containers; 
and (6) control of NOX emissions from industrial boilers. 
EPA is soliciting public comments on the issues discussed in this 
document or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document. A more detailed description of the State submittal and 
EPA's evaluation are included in a TSD prepared in support of this 
rulemaking action. A copy of the TSD is available, upon request, from 
the EPA Regional Office listed in the ADDRESSES section of this 
document.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). 
This action merely proposes to approve State law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve a State rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.

[[Page 57778]]

    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by Section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order.
    This proposed rule pertaining to six control measures to meet EPA-
identified shortfalls in Delaware's one-hour ozone attainment 
demonstration, does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile Organic Compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 30, 2002.
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. 02-23259 Filed 9-11-02; 8:45 am]
BILLING CODE 6560-50-P