[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3384-3387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01883]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0626; FRL-9989-13--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Revisions to the Regulatory Definition of Volatile Organic
Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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[[Page 3385]]
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision formally submitted
by the State of Delaware. This revision pertains to amendments made to
the definition of ``volatile organic compound'' (VOC) in the Delaware
Administrative Code to conform with EPA's regulatory definition of VOC.
The EPA found that certain compounds have a negligible photochemical
reactivity and therefore has exempted them from the regulatory
definition of VOC in several rulemaking actions, as discussed below.
This revision to the Delaware SIP requested the exemption of these
compounds from the regulatory definition of VOC to match the actions
EPA has taken. The revision also requested minor changes to the format
of some of the chemical formulas for VOCs that are already excluded
from the definition of VOC in the Delaware SIP. EPA is approving these
revisions to update the definition of VOC in the Delaware SIP under the
Clean Air Act (CAA).
DATES: Written comments must be received on or before March 14, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0626 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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. 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, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For 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: Elizabeth Gaige, (215) 814-5676, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On May 25, 2018, the State of Delaware,
through the Department of Natural Resources and Environmental Control
(DNREC), formally submitted a SIP revision requesting that the
definition of VOC in the Delaware SIP be updated to conform to several
EPA rulemakings that exempted compounds from the regulatory definition
of VOC in 40 CFR 51.100(s). The May 25, 2018 SIP revision requested
that the definition of VOC in the Delaware SIP be updated to add the
following compounds to the list of compounds excluded from the
definition of VOC: t-butyl acetate (also known as tertiary butyl
acetate or TBAC), HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-
propane), HFE-7500 [3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl) hexane], HFC-227ea (1,1,1,2,3,3,3-
heptafluoropropane), methyl formate, HFE-7300 (1,1,1,2,2,3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethyl-pentane), propylene carbonate
and dimethyl carbonate. These compounds were excluded from the
regulatory definition of VOC in 40 CFR 51.100(s) by EPA in several
rulemakings, which are discussed in more detail later in this notice of
proposed rulemaking (NPRM). Delaware's May 25, 2018 SIP revision also
requested minor changes to the format of some of the chemical formulas
for VOCs that are already excluded from the definition of VOC in the
Delaware SIP.\1\
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\1\ The SIP revision requests that the format of the chemical
formulas for the following compounds be revised to incorporate
subscripts: 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane
(C4F9OCH3), 2-
(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3), 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5), and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5
).
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I. Background
VOCs are organic compounds of carbon that, in the presence of
sunlight, react with sources of oxygen molecules, such as nitrogen
oxides (NOX) and carbon monoxide (CO), in the atmosphere to
produce tropospheric ozone, commonly known as smog. Common sources that
may emit VOCs include paints, coatings, housekeeping and maintenance
products, and building and furnishing materials. Outdoor emissions of
VOCs are regulated by EPA primarily to prevent the formation of ozone.
VOCs have different levels of volatility, depending on the
compound, and react at different rates to produce varying amounts of
ozone. VOCs that are non-reactive or of negligible reactivity to form
ozone react slowly and/or form less ozone; therefore, reducing their
emissions has limited effects on local or regional ozone pollution.
Section 302(s) of the CAA specifies that EPA has the authority to
define the meaning of VOC and what compounds shall be treated as VOCs
for regulatory purposes. It is EPA's policy that organic compounds with
a negligible level of reactivity should be excluded from the regulatory
definition of VOC in order to focus control efforts on compounds that
significantly affect ozone concentrations. EPA uses the reactivity of
ethane as the threshold for determining whether a compound has
negligible reactivity. Compounds that are less reactive than, or
equally reactive to, ethane under certain assumed conditions may be
deemed negligibly reactive and, therefore, suitable for exemption by
EPA from the regulatory definition of VOC. The policy of excluding
negligibly reactive compounds from the regulatory definition of VOC was
first laid out in the ``Recommended Policy on Control of Volatile
Organic Compounds'' (42 FR 35314, July 8, 1977) and was supplemented
subsequently with the ``Interim Guidance on Control of Volatile Organic
Compounds in Ozone State Implementation Plans'' (70 FR 54046, September
13, 2005). The regulatory definition of VOC as well as a list of
compounds that are designated by EPA as negligibly reactive can be
found at 40 CFR 51.100(s).
On September 30, 1999, EPA proposed to revise the regulatory
definition of VOC in 40 CFR 51.100(s) to exclude TBAC as a VOC (64 FR
52731). In most cases, when a negligibly reactive VOC is exempted from
the definition of VOC, emissions of that compound are no longer
recorded, collected, or reported to states or the EPA as part of VOC
emissions. However, EPA's final rule excluded TBAC from the definition
of VOC for purposes of VOC emissions limitations or VOC content
requirements but continued to define TBAC as a VOC for purposes of all
recordkeeping, emissions reporting, photochemical dispersion modeling,
and inventory requirements that apply to VOC (69 FR 69290, November 29,
2004) (2004 Final Rule).\2\
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\2\ On February 25, 2016, EPA revised the regulatory definition
of VOC under 40 CFR 51.100(s) to remove the recordkeeping and
reporting requirements for TBAC (81 FR 9341). EPA's rationale for
this action is explained in more detail in the final rule for that
action. However, Delaware's May 25, 2018 SIP revision retains the
recordkeeping and reporting requirements for TBAC as these updates
were adopted August 14, 2009 and became effective September 10,
2009, which was prior to EPA's final rule removing the recordkeeping
and reporting requirements for TBAC.
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On November 29, 2004 (69 FR 69290), EPA promulgated a final rule
revising the regulatory definition of VOC in 40 CFR 51.100(s) to add
HFE-7000, HFE-7500, HFC 227ea, and methyl formate to the list of
compounds excluded from EPA's regulatory definition of VOC. On January
18, 2007 (72 FR 2193) and January 21, 2009 (74 FR 3437) EPA promulgated
additional final rules revising the regulatory definition of VOC in 40
CFR 51.100(s) to add HFE-7300, propylene carbonate and dimethyl
carbonate, to the list of compounds excluded from the regulatory
definition of VOC. These actions were based on EPA's consideration of
the compounds' negligible reactivity and low contribution to ozone as
well as the low likelihood of risk to human health or the environment.
EPA's rationale for these actions is explained in more detail in the
final rules for these actions.
II. Summary of SIP Revision and EPA Analysis
In order to conform with EPA's current regulatory definition of VOC
in 40 CFR 51.100(s), Delaware amended the definition of VOC in 7 DE
Admin. Code 1101--Definitions and Administrative Principles, to add
HFE-7000, HFE-7500, HFC 227ea, methyl formate, HFE-7300, propylene
carbonate, and dimethyl carbonate to the list of compounds excluded
from the regulatory definition of VOC. Delaware also amended the
definition of VOC in 7 DE Admin. Code 1101 to exclude TBAC from the
definition of VOC for the purposes of VOC emissions limitations or VOC
content requirements, but continued to define TBAC as a VOC for
purposes of all recordkeeping, emissions reporting, photochemical
dispersion modeling, and inventory requirements that apply to VOC.\3\
Delaware also made minor formatting changes to some of the chemical
formulas for VOCs that are already excluded from the definition of VOC
in the Delaware SIP.\1\ These revisions were adopted by Delaware on
August 14, 2009 and were effective September 10, 2009. DNREC formally
submitted these amendments to the regulatory definition of VOC as a SIP
revision on May 25, 2018.
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\3\ As stated previously, on February 25, 2016, EPA revised the
regulatory definition of VOC under 40 CFR 51.100(s) to remove the
recordkeeping and reporting requirements for TBAC (81 FR 9341).
However, Delaware's May 25, 2018 SIP revision retains the
recordkeeping and reporting requirements for TBAC as these updates
were adopted August 14, 2009 and became effective September 10,
2009, which was prior to EPA's final rule removing the recordkeeping
and reporting requirements for TBAC.
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Delaware's amendments to the definition of VOC in 7 DE Admin. Code
are in accordance with EPA's regulatory changes to the definition of
VOC in 40 CFR 51.100(s) and are therefore approvable for the Delaware
SIP in accordance with CAA section 110. Also, because EPA has made the
determination that HFE-7000, HFE-7500, HFC 227ea, methyl formate, HFE-
7300, propylene carbonate, dimethyl carbonate and TBAC are of
negligible reactivity and therefore have low contributions to ozone as
well as low likelihood of risk to human health or the environment,
removing these chemicals from the definition of VOC in the Delaware SIP
will not interfere with attainment of any NAAQS, reasonable further
progress, or any other requirement of the CAA. Thus, the addition of
these compounds to the list of compounds excluded from the regulatory
definition of VOC is in accordance with CAA section 110(l).
III. Proposed Action
EPA is proposing to approve Delaware's May 25, 2018 SIP revision
because it meets the requirements of CAA section 110. This revision
updates the regulatory definition of VOC in the Delaware SIP to add
HFE-7000, HFE-7500, HFC 227ea, methyl formate, HFE-7300, propylene
carbonate and dimethyl carbonate to the list of compounds excluded from
the regulatory definition of VOC. The revision also updates the
regulatory definition of VOC in the Delaware SIP to exclude TBAC from
the definition of VOC for purposes of VOC emissions limitations or VOC
content requirements, but continues to define TBAC as a VOC for
purposes of all recordkeeping, emissions reporting, photochemical
dispersion modeling, and inventory requirements that apply to VOC. The
revision also makes minor changes to the format of some of the chemical
formulas for VOCs that are already excluded from the definition of VOC
in the Delaware SIP.\1\ EPA is soliciting public comment on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the updated definition of VOC in 7 DE Admin. Code 1101--
Definitions and Administrative Principles, which adds HFE-7000, HFE-
7500, HFC 227ea, methyl formate, HFE-7300, propylene carbonate,
dimethyl carbonate and TBAC to the list of compounds excluded from the
regulatory definition of VOC, and makes minor formatting changes to the
chemical formulas for several compounds already excluded from the
definition of VOC in the Delaware SIP.\4\ EPA has made, and will
continue to make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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\4\ As stated previously, TBAC continues to be defined in
Delaware's regulations as a VOC for purposes of all recordkeeping,
emissions reporting, photochemical dispersion modeling, and
inventory requirements that apply to VOC. EPA expects that Delaware
will amend its regulations in the near future to remove these
remaining requirements now that EPA has removed these requirements
from the Federal regulations.
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive
[[Page 3387]]
Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, amending the definition of VOC in
the Delaware SIP to conform with the regulatory definition of VOC in 40
CFR 51.100(s), does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 20, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-01883 Filed 2-11-19; 8:45 am]
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