[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Proposed Rules]
[Pages 38044-38046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13661]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0944; FRL-9174-01-R3]


Air Plan Approval; Delaware; Control of Volatile Organic 
Compounds Emissions From Solvent Cleaning and Drying

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Delaware. This revision pertains to the reduction of volatile 
organic compounds (VOC) emissions from cold solvent cleaning 
operations. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 27, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0944 at https://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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mallory Moser, 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-
2030. Ms. Moser can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On October 13, 2021, the Delaware Department 
of Natural Resources and Environmental Control (DNREC) submitted a 
revision to its SIP which comprises revisions to Title 7 of Delaware's 
Administrative Code (7 DE Admin. Code) 1124 Section 33.0--Solvent 
Cleaning and Drying. The revision to 7 DE Admin. Code 1124 Section 33.0 
will reduce emissions of VOCs from cold solvent cleaning operations, 
thus reducing the formation of ground-level ozone.

I. Background

    The revision consists of an amendment to 7 DE Admin. Code 1124, 
Control of Volatile Organic Compound Emissions, Section 33--Solvent 
Cleaning and Drying. Specifically, the amendment updates the solvent 
cleaning control requirements based upon the 2012 Ozone Transport 
Commission (OTC) Model Rule.
    The OTC, of which Delaware is a member, is an organization 
established by Congress under the CAA. Among other things, the OTC 
develops model rules for the member states to use to reduce the 
emissions of ground level ozone precursors. In 2001, the OTC released 
the 2001 Model Rule for Solvent Cleaning (2001 Model Rule). The 2001 
Model Rule is the basis for the version of 7 DE Admin. Code 1124, 
Control of Volatile Organic Compound Emissions, Section 33--Solvent 
Cleaning and Drying currently in the approved Delaware SIP.\1\ After a 
release of the control techniques guideline (CTG): Industrial Cleaning 
Solvents by the EPA in 2006, proposing new VOC limits for solvent 
cleaning, the OTC convened a group of experts that suggested a more 
stringent model rule than what is provided in the CTG and the 2001 
Model Rule. The OTC then developed the 2012 Model Rule for Solvent 
Degreasing (2012 Model Rule). The provisions set forth in the 2012 
Model Rule are more stringent than those currently included in the 
Delaware SIP and form the basis of the Delaware SIP revision we are 
proposing to approve in this rulemaking. This revision eliminates an 
existing exemption by adding provisions that apply to owners or 
operators of a solvent cleaning machine that uses any volume of solvent 
containing VOC. This revision also reduces the solvent VOC 
concentration from 100 percent to 25 grams per liter of non-VOC 
solution for most applications.
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    \1\ See 67 FR 70315 (November 22, 2002).
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    Certain areas of Delaware are designated as nonattainment for 
ground-level ozone. Ground-level ozone is formed through the reaction 
of VOCs and other compounds in the air in the presence of sunlight. 
High levels of ground-level ozone can cause or worsen difficulty in 
breathing, asthma and other serious respiratory problems. In addition 
to improving public health and the environment, decreased emissions of 
VOCs, and therefore subsequently ground-level ozone, will contribute to 
the attainment of the ozone national ambient air quality standard 
(NAAQS).
    By removing an applicability exemption and decreasing the allowable 
solvent VOC concentration, the 2012 Model Rule is expected to decrease 
emissions of VOCs. This reduction of VOC emissions from solvent 
cleaning operations will further reduce the formation of ground-ozone. 
Therefore, Delaware is amending their SIP to implement the updated 2012 
Model Rule.

II. Summary of SIP Revision and EPA Analysis

    This SIP revision, submitted by the State of Delaware on October 
13, 2021, amends 7 DE Admin. Code 1124 section 33.0, Solvent Cleaning 
and Drying. The amendments to section 33.1 (Applicability) add 
provisions that apply to owners or operators of a solvent cleaning 
machine that uses any volume of solvent containing VOC. Therefore, the 
amendments eliminate the previous exemption for cold cleaning machines 
containing less than one liter of solvent and 5% by weight VOC. Section 
33.1 also clarifies that it does not cover solvent cleaning machines 
that use the following hazardous air pollutants (HAPs): methylene 
chloride, perchloroethylene or 1,1,1-trichloroethane. Additionally,

[[Page 38045]]

this Section adds language that clarifies the provisions do not 
separate VOCs into categories such as a low-vapor pressure chemical 
compound (LVP-VOC) or mixture.
    The amendments to section 33.2 (Definitions): (1) add clarity by 
defining the following terms that had been used in the prior version of 
the regulation but which had not previously been defined: Batch cold 
cleaning machine, Freeboard refrigeration device, Idling mode, In-line 
cold cleaning machine, Lip exhaust and Solvent; and (2) modify 
definitions for the following: Batch vapor cleaning machine, Cold 
cleaning machine, Freeboard height and Remote reservoir cold cleaning 
machine.
    Section 33.3 (Standards for batch cold cleaning machines) 
amendments allow cold cleaning machines to be heated below boiling and 
require the cold cleaning machines must remain leak free. Cold cleaning 
machines that are heated must have a temperature control device that 
will avoid overheating and prevent boiling of the cleaning solution. 
The amendments to section 33.3 are more stringent than the current SIP 
because they reduce the solvent VOC concentration from 100% to 25 grams 
of VOC per liter solution for most applications. Limited types of 
applications may use 150 grams VOC per liter of solution. A VOC content 
greater than 25 grams of VOC per liter, or 150 grams of VOC per liter 
for certain application types, may be used only with a VOC capture and 
control device that would control the VOC air emissions to no more than 
would be experienced if the cleaning solution were VOC compliant in 
absence of the capture and control device. These reductions in the 
allowed solvent VOC concentration will further reduce emissions of 
VOCs.
    Similarly, Section 33.5 (Standards for in-line cleaning machines) 
reduces the VOC content concentration for cleaning solution, from 100% 
to no more than 25 grams of VOC per liter for cleaning standard parts 
and no more than 150 grams VOC for printed circuit boards. The 
revisions to section 33.5 are more stringent than the current SIP and 
will further reduce emissions of VOCs.
    The amendment adds clarifying language which maintains there are no 
existing VOC content restrictions for the cleaning solvent used in the 
following: batch vapor cleaning machines, vapor in-line cleaning 
machines, machines not having a solvent/air interface, or vapor in-line 
cleaning machines under the alternative standard.
    Section 33.8 (Monitoring) adds provisions for the testing of the 
temperature control system. Amendments to section 33.9 (Recordkeeping) 
require the owner or operator of a cold cleaning machine provide 
appropriate documentation that may be used for compliance. Section 
33.10 (Reporting) adds the requirement of specific documentation when 
obtaining any solvent containing VOC for use in a cold cleaning 
machine. Section 33.11 (Test Methods) requires the VOC content of 
materials subject to these provisions must be determined by EPA 
Reference Method 24, SCAQMD Method 304, or SCAQMD Method 313. In 
addition, the amendments include other non-substantive administrative 
wording edits and corrections.

III. Proposed Action

    Delaware's proposed SIP revisions to 40 CFR 52.420(c), which 
incorporate amendments made to 7 DE Admin. Code 1124 Section 33.0, will 
lower VOC concentration in solvent cleaning machines operated in 
Delaware and aid in reducing VOC emissions. These emissions are a cause 
of ground level ozone and reducing them will help Delaware and the 
surroundings areas to attain the ozone NAAQS. EPA has determined that 
this SIP revision meets the requirements of the CAA. Therefore, EPA is 
proposing to approve the October 13, 2021, SIP revision which sets 
limits on the VOC concentration of solvents that apply to all owners or 
operators of a solvent cleaning machines in Delaware. 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 the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Delaware's Solvent Cleaning and Drying requirements as 
described in 7 DE Admin. Code 1124, Control of Volatile Organic 
Compound Emissions, see sections II and III of this document. 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).

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:
    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);
     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 proposed rule regarding VOC content used during 
solvent cleaning and drying in Delaware, 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

[[Page 38046]]

impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Environmental protection, Ozone, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-13661 Filed 6-24-22; 8:45 am]
BILLING CODE 6560-50-P