[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Rules and Regulations]
[Pages 60102-60104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21254]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0944; FRL-9174-02-R3]


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

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. 
These revisions pertain to the reduction of volatile organic compounds 
(VOC) emissions from cold solvent cleaning operations. EPA is approving 
these revisions to the Delaware SIP in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: This final rule is effective on November 3, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2021-0944. All documents in the docket are listed on 
the 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 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Mallory Moser, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, Four Penn Center, 1600 
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The 
telephone number is (215) 814-2030. Ms. Moser can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 27, 2022 (87 FR 38044), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed 
approval of a SIP revision that updates the solvent cleaning control 
requirements based upon the 2012 Ozone Transport Commission (OTC) Model 
Rule. The SIP revision was submitted by Delaware on October 13, 2021, 
requesting that EPA incorporate the Department of Natural Resources and 
Environmental Control's (DNREC's) revisions to Title 7 of Delaware's 
Administrative Code (7 DE Admin. Code) 1124 Section 33.0--Solvent 
Cleaning and Drying into the Delaware SIP (Section 33.0). In response 
to the NPRM, EPA received one comment on its June 27, 2022, proposed 
rulemaking, which is addressed below.

II. Summary of SIP Revision and EPA Analysis

    The SIP revision consists of an amendment to Section 33.0. 
Specifically, the amendment updates the solvent cleaning control 
requirements based upon the 2012 Ozone Transport Commission 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 that basis for the version of 7 DE Admin. Code 1124, 
Control of Volatile Organic Compound Emissions, Section 33.0--Solvent 
Cleaning and Drying that were previously approved in the 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. The provisions set forth in Section 33.0, which is 
based on the 2012 Model Rule, are more stringent than those previously 
included in the Delaware SIP and form the basis of the regulation we 
are approving to include in the Delaware SIP in this rule. For 
instance, the provisions eliminate 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. The provisions 
also reduce 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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    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 
because 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). Delaware is 
amending its SIP to add Section 33.0.

III. EPA's Response to Comments Received

    EPA provided a 30-day review and comment period for this action in 
the Proposal. The comment period ended on July 27, 2022. EPA received 
one comment, which is summarized and addressed below.
    Comment: The comment requests additional background on the 
development and interpretation of the ``Federal'' 2012 OTC model rule 
in the context of the commenter seeking advice with regard to acquiring 
a piece of equipment. In addition, the commenter claims there could be 
an economic impact to businesses if affected devices cannot efficiently 
operate at the 25 grams per liter criteria set forth in the rule. The 
commenter speculates using a solvent solution with lower VOC could lead 
to longer run time of the cleaning devices, which may

[[Page 60103]]

result in an increase of fugitive emissions. The commenter asks if EPA 
has certified that the rule does not have a Significant Economic Impact 
on a Substantial Number of Small Entities (SISNOSE) and if so, if that 
certification is based on studies that evaluated how effective or 
ineffective the reduced VOC solution will be for the purposes it is 
used for (i.e. parts cleaning).
    Response: Initially, the comment is incorrect that the OTC model 
rule is a Federal rule. As explained by the OTC, the OTC model rules 
and programs are developed by the OTC (not EPA) and are not effective 
in an individual state until ``taken by the individual states through 
their own rule adoption processes conforming to their state's 
requirements.'' \2\
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    \2\ See otcair.org/OTC_process.asp.
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    The technical issues raised by the commenter raise issues that 
appear to be unique to the commenter's specific interest of how the 
rule will apply to its acquiring and operating a parts cleaner, are not 
relevant to EPA's approval of Section 33.0 as being more stringent than 
solvent cleaning rules in the current Delaware SIP. EPA therefore does 
not consider these to be significant adverse comments on this action 
and consequently EPA will not be responding to the technical 
implementation questions in this rule. The commenter's request for 
SISNOSE information is also not relevant because neither the 
promulgation of Section 33.0, nor the development of the 2012 Model 
Rule by the OTC was a Federal rule. Because the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq., only applies to Federal rulemakings, neither 
the OTC or the state of Delaware were required to prepare a SISNOSE for 
either promulgation of Section 33.0 or the 2012 Model Rule.\3\ EPA does 
not need to prepare a SISNOSE for this rule, because the rule will not 
have a significant economic impact on a substantial number of small 
entities since this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
already imposed by state law.
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    \3\ EPA's approval of Section 33.0 as a revision to the SIP is a 
Federal rulemaking, however, a SIP approval merely approves state 
law as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law, which does not 
trigger obligations under the Regulatory Flexibility Act.
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    The commenter, while not asserting that EPA should disapprove 
Section 33.0 as a SIP revision, does however assert that they ``have 
been told that in some types of solvent solutions, too low of a VOC 
will lead to poor results regardless of how long the batch is run for. 
Even if extended operations of degreasers/parts cleaners can be equally 
effective, it does raise the question in my mind that businesses may 
end up generating more fugitive emissions by nature of the prolonged 
device operations (?).'' The commenter does not offer any factual 
support for, or data to back up an increase of fugitive emissions or 
indicate a baseline from which the commenter believes a baseline should 
be measured. Additionally, the commenter does not indicate that the 
40.87 tons/year emission reduction calculated by Delaware, and included 
in the docket for this rule, are incorrect or that Section 33.0 would 
be less stringent than the rule in the current Delaware SIP.\4\ 
Comments, that are no more than broad assertions that an agency ``got 
it wrong,'' do not provide a basis for EPA to change its decision. See, 
e.g., International Fabricare Institute v. E.P.A., 972 F.2d 384 (D.C. 
Cir. 1992). Therefore, this comment provides no basis for EPA to change 
its decision that Section 33.0 is an approvable revision to the 
Delaware SIP.\5\
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    \4\ See the Department Response to Comment 3 in Delaware's 
Technical Response Memorandum for more information on Delaware's 
emissions reduction calculation.
    \5\ EPA nevertheless notes that if equipment cannot efficiently 
operate at the VOC content criteria included in DE's SIP revision, a 
higher VOC content concentration for cleaning solution may be used 
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. See 7 DE Admin Code 1124 Section 33.3.7.3. Therefore, the 
operator has the option to use lower VOC content cleaning solutions 
or deploy appropriate control devices. There are several low-VOC 
solvent studies referenced in Delaware's technical support document, 
which can be found in the docket for this rule. These studies 
identify low VOC solvent alternatives that performed effectively for 
various industries and were cost effective.
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IV. Final Action

    EPA is approving, as a revision, the State of Delaware's October 
13, 2021, SIP submittal reducing VOC emissions from cold solvent 
cleaning operations.

V. 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 Delaware's 
solvent cleaning and drying regulation, described in 7 DE Admin. Code 
1124 Section 33.0. 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.\6\
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    \6\ 62 FR 27968 (May 22, 1997).
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VI. 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);
     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

[[Page 60104]]

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 December 5, 2022. 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, which pertains to the reduction of VOC emissions 
from cold solvent cleaning operations in Delaware, 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, Ozone, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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 by revising 
the entry for ``Section 33.0'' 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 regulation (7 DNREC                            State        EPA approval
             1100)                Title/subject    effective date        date           Additional explanation
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                                                  * * * * * * *
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                               1124 Control of Volatile Organic Compound Emissions
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                                                  * * * * * * *
Section 33.0..................  Solvent Metal          08/11/2021  October 4, 2022,  ...........................
                                 Cleaning and                       [INSERT FEDERAL
                                 Drying.                            REGISTER
                                                                    CITATION].
 
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[FR Doc. 2022-21254 Filed 10-3-22; 8:45 am]
BILLING CODE 6560-50-P