[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Rules and Regulations]
[Pages 67873-67875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26687]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0429; FRL-10002-99-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Amendments to the Regulatory Definition of Volatile Organic 
Compounds

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. 
The revisions pertain 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. EPA found that certain 
compounds have negligible photochemical reactivity and, therefore, has 
exempted them from the regulatory definition of VOC in several 
rulemaking actions. This revision to the Delaware SIP requested the 
exemption of eight compounds from the regulatory definition of VOC to 
match the actions EPA has taken. The revision also requested to remove 
the recordkeeping, reporting, modeling, and inventory requirements for 
t-butyl acetate (TBAC). EPA is approving these revisions to update the 
definition of VOC in the Delaware SIP in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on January 13, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0429. 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: Erin Malone, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2190. Ms. Malone can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 3, 2019, EPA published a notice of proposed rulemaking 
(NPRM) for the State of Delaware. 84 FR 45931. In the NPRM, EPA 
proposed approving Delaware's amendment of its definition of VOC to 
include eight additional compounds to the list of exempt compounds and 
to remove the recordkeeping, reporting, and modeling requirements for 
TBAC. The formal SIP revision was submitted by Delaware on March 25, 
2019.

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 Admin. Code 
1101--Definitions and Administrative Principles to add: trans-1,3,3,3-
tetrafluoropropene (HFO-1234ze); HFE-134 
(HCF2OCF2H); HFE-236cal2 
(HCF2OCF2OCF2H); HFE-338pcc13 
(HCF2OCF2CF2OCF2H); H-
Galden 1040X or H-Galden ZT 130 or (150 or 180) 
(HCF2OCF2OCF2CF2OCF2
H); trans 1-chloro-3,3,3-trifluoroprop-1-ene; 2,3,3,3-
tetrafluoropropene; and 2-amino-2-methyl-1-propanol 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 remove the 
recordkeeping, emissions reporting, photochemical dispersion modeling, 
and inventory requirements for TBAC. On March 25, 2019, 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.
    EPA determined DNREC's submission to be administratively and 
technically complete in the Agency's May 28, 2019 completeness letter 
to DNREC. The Agency's completeness letter was inadvertently not added 
to the docket for this rulemaking action by the time the NPRM went out 
for publication. The completeness letter can now be found in the docket 
(Docket ID Number EPA-R03-OAR-2019-0429).
    On September 3, 2019, EPA published an NPRM for the State of 
Delaware's SIP revision. 84 FR 45931. The rationale for EPA's proposed 
action is explained in the NPRM and will not be restated here.\1\
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    \1\ In the NPRM, EPA identified that the effective date of 
Delaware's amended regulatory changes was November 11, 2016. 84 FR 
45931, 45932 (September 3, 2019). However, the actual effective date 
was December 11, 2016. The change in effective date is due to an 
error that Delaware corrected in a subsequent notice. See 20 DE Reg. 
512 (January 1, 2017) (Errata).
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    EPA received two anonymous comments in response to the NPRM. One 
comment suggested that EPA should not approve Delaware's SIP revision 
to exclude the identified chemical compounds from the definition for 
VOC due to concerns regarding harm to the ozone layer and the air 
quality of ozone at the surface. The second comment was concerned with 
the cumulative effect of removing the identified chemicals from 
regulatory control and the effect of their removal on air quality and 
public health. A copy of the comments can be found in the docket for 
this rulemaking action.
    EPA Response: Both comments appear to be principally concerned with 
EPA's prior action of approving the exclusion of these chemical 
compounds from the definition of VOC, thus removing them from 
regulatory control. However, this current rulemaking addresses 
Delaware's request to remove the compounds from Delaware's

[[Page 67874]]

definition of VOC to conform with EPA's regulatory definition. EPA has 
already reviewed, proposed, and finalized the rulemaking actions that 
removed the eight compounds from the federal definition of VOC (See 77 
FR 37610, June 22, 2012; 78 FR 9823, February 12, 2013; 78 FR 53029, 
August 28, 2013; 78 FR 62451, October 22, 2013; 79 FR 17037, March 27, 
2014). Since EPA is not proposing to change these final federal 
actions, these comments are not relevant to this rulemaking action 
involving Delaware's SIP. EPA already found that exempting these 
pollutants from the regulatory definition of VOC is consistent with the 
discretion provided to the Administrator in the CAA to define VOC, as 
explained in the rulemakings cited above. Accordingly, under CAA 
section 110(k)(3), EPA ``shall approve'' this SIP revision seeking to 
incorporate those same exemptions to the Delaware SIP.

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 March 25, 2019 by 
DNREC, as a revision to the Delaware SIP, as the revision 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 of 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 https://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.\2\
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    \2\ 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 February 10, 2020. 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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 27, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

[[Page 67875]]

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 third entry for 
``Section 2.0'', after the second entry for ``Section 2.0'' 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
State regulation  (7 DNREC 1100)     Title/subject      effective    EPA approval date    Additional explanation
                                                           date
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                                 1101 Definitions and Administrative Principles
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                                                  * * * * * * *
Section 2.0.....................  Definitions........   12/11/2016  12/12/2019 [Insert   Updated definition of
                                                                     Federal Register     volatile organic
                                                                     citation].           compound. Previous
                                                                                          approval 5/31/2019.
 
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[FR Doc. 2019-26687 Filed 12-11-19; 8:45 am]
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