[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.
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(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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