[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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[[Page 3386]]

    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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