[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25183-25186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11179]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0626; FRL-9994-42-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Revision to the Regulatory Definition of a Volatile Organic 
Compound

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision 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: This final rule is effective on July 1, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0626. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the ``For Further Information Contact'' section for additional 
availability information.

FOR FURTHER INFORMATION CONTACT: Elizabeth Gaige, Air Quality Analysis 
Branch (3AD40), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-5676. Ms. Gaige can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

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

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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 revised the regulatory definition of VOC 
in 40 CFR 51.100(s) to exclude t-butyl acetate (also known as tertiary 
butyl acetate or TBAC) from the definition of VOC for purposes of VOC 
emissions limitations or VOC content requirements. See 64 FR 52731.\1\
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    \1\ EPA's September 30,1999 final rule continued to define TBAC 
as a VOC for purposes of all recordkeeping, emissions reporting, 
photochemical dispersion modeling, and inventory requirements that 
apply to VOC. 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.
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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 (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), 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 
(1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane), 
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 Section 2.0 of 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 a 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.\2\ Delaware also made minor changes to 
the format of some of the chemical formulas for VOCs that were already 
excluded from the definition of VOC in 7 DE Admin Code 1101. \3\ On May 
25, 2018, the State of Delaware, through the Department of Natural 
Resources and Environmental Control (DNREC), formally submitted these 
amendments to 7 DE Admin. Code 1101 as a SIP revision.
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    \2\ As discussed 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.
    \3\ The format of the chemical formulas for the following 
compounds were 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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    On February 12, 2019 (84 FR 3384), EPA published a notice of 
proposed rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA 
proposed approval of updates to the regulatory definition of VOC. EPA's 
rationale for the proposed action is discussed in the NPRM and will not 
be restated here.
    EPA received one comment supporting EPA's NPRM approval of the SIP 
and suggesting that EPA adopt a new nomenclature for VOCs. EPA thanks 
the commenter but notes that the renaming of VOCs was outside of the 
scope of EPA's proposal.

III. Final Action

    EPA is approving updates to the regulatory definition of VOC in 
Section 2.0 of 7 DE Admin. Code 1101, submitted on May 25, 2018 by 
DNREC, as a revision to the Delaware SIP, as the submission meets the 
requirements of CAA section 110.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference ofx the 
revisions to the definition of VOC in Section 2.0 of 7 DE Admin. Code 
1101 discussed in Section II of this preamble. EPA has made, and will 
continue to make, these materials generally available through 
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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully Federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\4\
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    \4\ 62 FR 27968 (May 22, 1997).

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V. Statutory and Executive Order Reviews

A. General Requirements

    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 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 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 rule 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.

B. 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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 30, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 updating the regulatory definition of a VOC in the 
Delaware SIP 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 17, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended under ``1101 
Definitions and Administrative Principles'', by adding a second 
``Section 2.0'' after the existing entry for ``Section 2.0, 
Definitions'' to read as follows.


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                            Epa-Approved Regulations and Statutes In The Delaware Sip
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  State regulation (7 DNREC                                      State                             Additional
            1100)                     Title/subject         effective date  EPA approval date     explanation
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                                                  * * * * * * *
                                 1101 Definitions and Administrative Principles
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Section 2.0.................  Definitions.................         9/10/09  5/31/2019,         Updated
                                                                             [Insert Federal    definition of
                                                                             Register           Volatile Organic
                                                                             citation].         Compound.
                                                                                                Previous
                                                                                                approval 8/11/
                                                                                                2010.
 
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[FR Doc. 2019-11179 Filed 5-30-19; 8:45 am]
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