Approval and Promulgation of Air Quality Implementation Plans; Delaware; Revisions to the Regulatory Definition of Volatile Organic Compounds, 3384-3387 [2019-01883]

Download as PDF 3384 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules an alternative method, is consistent with federal regulations. The addition of new Section .2611 both retains and strengthens the existing source testing requirements of the North Carolina SIP. F. Section .2617—Total Reduced Sulfur As noted in Section III.A.3, above, the language of this new provision, Section .2617, was previously found in paragraph (c)(10) of Section .0501, which is being proposed for deletion. Section .2617 adopts the use of federal testing Method 16 of Appendix A of 40 CFR part 60 or Method 16A of Appendix A of 40 CFR part 60 to demonstrate compliance with total reduced sulfur emissions standards. The rule also adopts the federal testing Method 15 of Appendix A of 40 CFR part 60 to be used as an alternative to determine total reduced sulfur emissions from tail gas control units of sulfur recovery plants, hydrogen sulfide in fuel gas for fuel gas combustion devices, and where specified in other applicable subparts of 40 CFR part 60. The requirement to use Method 16 or 16A was previously found in Section .0501 and is now relocated to new Section .2617. The option to use Method 15 in certain circumstances is a new provision to this rule. Although Method 15 has a slightly different process of testing for reduced sulfur, the resulting conclusions are the same. Additionally, consistent with section 1.2.1 of Method 15 in the CFR, Section .2617 provides that Method 15 may be used only as an alternative in certain specified sources, as described in the paragraph above, or where specified in other applicable federal subparts. EPA has reviewed this change and has preliminarily determined that the addition of Section .2617, including the addition of Method 15 for certain sources, is consistent with federal regulations. EPA is proposing to approve all changes in this section of this rulemaking pursuant to section 110 of the Act. IV. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule, regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference under Subchapter 2D, of the North Carolina SIP, Sections .0501— Compliance with Emission Control Standards, .0536—Particulate Emissions from Electric Utility Boilers, .2609—Particulate Testing Methods, .2610—Opacity, .2611—Sulfur Dioxide Testing Methods, and .2617—Total Reduced Sulfur, state effective June 1, VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 2008. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Proposed Actions EPA is proposing to approve North Carolina’s April 4, 2017, August 22, 2017, and September 28, 2018, SIP revisions. Specifically, EPA is proposing to approve under Subchapter 2D of the North Carolina SIP, the adoption of new Sections .2609, .2610, .2611, and .2617, as well as amendments to existing Sections .0501 and .0536. EPA is proposing to approve these revisions under section 110 of the CAA, including section 110(l), for the reasons stated above.5 VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 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. These actions merely propose to approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For that reason, these proposed actions: • Are not significant regulatory actions 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); • Are not Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory actions because SIP approvals are exempted under Executive Order 12866; • Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Are 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.); • Do 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); 5 Section 110(l) requires that a revision to the SIP not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the Act. PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 • Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Are 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 • Do 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). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 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, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 21, 2018. Mary S. Walker, Acting Regional Administrator, Region 4. [FR Doc. 2019–01880 Filed 2–11–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2018–0626; FRL–9989– 13—Region 3] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Revisions to the Regulatory Definition of Volatile Organic Compounds Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: E:\FR\FM\12FEP1.SGM 12FEP1 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision formally 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: Written comments must be received on or before March 14, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2018–0626 at https:// www.regulations.gov, or via email to spielberger.susan@epa.gov. 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://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Elizabeth Gaige, (215) 814–5676, or by email at gaige.elizabeth@epa.gov. SUMMARY: VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 On May 25, 2018, the State of Delaware, through the Department of Natural Resources and Environmental Control (DNREC), formally submitted a SIP revision requesting that the definition of VOC in the Delaware SIP be updated to conform to several EPA rulemakings that exempted compounds from the regulatory definition of VOC in 40 CFR 51.100(s). The May 25, 2018 SIP revision requested that the definition of VOC in the Delaware SIP be updated to add the following compounds to the list of compounds excluded from the definition of VOC: t-butyl acetate (also known as tertiary butyl acetate or TBAC), HFE–7000 (1,1,1,2,2,3,3heptafluoro-3-methoxy-propane), HFE– 7500 [3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6dodecafluoro-2-(trifluoromethyl) hexane], HFC–227ea (1,1,1,2,3,3,3heptafluoropropane), methyl formate, HFE–7300 (1,1,1,2,2,3,4,5,5,5decafluoro-3-methoxy-4trifluoromethyl-pentane), propylene carbonate and dimethyl carbonate. These compounds were excluded from the regulatory definition of VOC in 40 CFR 51.100(s) by EPA in several rulemakings, which are discussed in more detail later in this notice of proposed rulemaking (NPRM). Delaware’s May 25, 2018 SIP 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.1 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 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 1 The SIP revision requests that the format of the chemical formulas for the following compounds be revised to incorporate subscripts: 1,1,1,2,2,3,3,4,4nonafluoro-4-methoxy-butane (C4F9OCH3), 2(difluoromethoxymethyl)-1,1,1,2,3,3,3heptafluoropropane ((CF3)2CFCF2OCH3), 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5), and 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3heptafluoropropane ((CF3)2CFCF2OC2H5). PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 3385 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 proposed to revise the regulatory definition of VOC in 40 CFR 51.100(s) to exclude TBAC as a VOC (64 FR 52731). In most cases, when a negligibly reactive VOC is exempted from the definition of VOC, emissions of that compound are no longer recorded, collected, or reported to states or the EPA as part of VOC emissions. However, EPA’s final rule excluded TBAC from the definition of VOC for 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 (69 FR 69290, November 29, 2004) (2004 Final Rule).2 2 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. However, Delaware’s May 25, 2018 SIP revision retains the recordkeeping and reporting requirements for TBAC E:\FR\FM\12FEP1.SGM Continued 12FEP1 3386 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules 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, HFE– 7500, HFC 227ea, 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, 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 the definition of VOC in 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 the 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.3 Delaware also made minor formatting changes to some of the chemical formulas for VOCs that are already excluded from the definition of VOC in the Delaware SIP.1 These revisions were adopted by Delaware on August 14, 2009 and were effective September 10, 2009. DNREC formally submitted these 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 As stated 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. VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 amendments to the regulatory definition of VOC as a SIP revision on May 25, 2018. Delaware’s amendments to the definition of VOC in 7 DE Admin. Code are in accordance with EPA’s regulatory changes to the definition of VOC in 40 CFR 51.100(s) and are therefore approvable for the Delaware SIP in accordance with CAA section 110. Also, because EPA has made the determination that HFE–7000, HFE– 7500, HFC 227ea, methyl formate, HFE– 7300, propylene carbonate, dimethyl carbonate and TBAC are of negligible reactivity and therefore have low contributions to ozone as well as low likelihood of risk to human health or the environment, removing these chemicals from the definition of VOC in the Delaware SIP will not interfere with attainment of any NAAQS, reasonable further progress, or any other requirement of the CAA. Thus, the addition of these compounds to the list of compounds excluded from the regulatory definition of VOC is in accordance with CAA section 110(l). III. Proposed Action EPA is proposing to approve Delaware’s May 25, 2018 SIP revision because it meets the requirements of CAA section 110. This revision updates the regulatory definition of VOC in the Delaware SIP to add HFE–7000, HFE– 7500, HFC 227ea, methyl formate, HFE– 7300, propylene carbonate and dimethyl carbonate to the list of compounds excluded from the regulatory definition of VOC. The revision also updates the regulatory definition of VOC in the Delaware SIP to exclude TBAC from the definition of VOC for purposes of VOC emissions limitations or VOC content requirements, but continues to define TBAC as a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements that apply to VOC. The revision also makes 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.1 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 requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the updated definition of VOC in 7 DE Admin. Code 1101—Definitions and PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 Administrative Principles, which adds HFE–7000, HFE–7500, HFC 227ea, methyl formate, HFE–7300, propylene carbonate, dimethyl carbonate and TBAC to the list of compounds excluded from the regulatory definition of VOC, and makes minor formatting changes to the chemical formulas for several compounds already excluded from the definition of VOC in the Delaware SIP.4 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: • 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 4 As stated previously, TBAC continues to be defined in Delaware’s regulations as a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements that apply to VOC. EPA expects that Delaware will amend its regulations in the near future to remove these remaining requirements now that EPA has removed these requirements from the Federal regulations. E:\FR\FM\12FEP1.SGM 12FEP1 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules 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, amending the definition of VOC in the Delaware SIP to conform with the regulatory definition of VOC in 40 CFR 51.100(s), 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 20, 2018. Cosmo Servidio, Regional Administrator, Region III. [FR Doc. 2019–01883 Filed 2–11–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2018–0513; FRL–9989– 17—Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Commercial Fuel Oil Sulfur Limits for Combustion Units in Allegheny County Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision updates Allegheny County’s portion of the Pennsylvania SIP, which includes regulations concerning sulfur content in fuel oil. This revision will implement low sulfur fuel oil provisions that will reduce the amount of sulfur in fuel oils used in combustion units which will aid in reducing sulfates that cause decreased visibility. This revision will strengthen the Pennsylvania SIP. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before March 14, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2018–0513 at https:// www.regulations.gov, or via email to Spielberger.susan@epa.gov. 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://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814–2023, or by email at trouba.erin@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background On May 8, 2018, the Allegheny County Health Department (ACHD) through the Pennsylvania Department of Environmental Protection (PADEP) submitted a formal revision to the Pennsylvania SIP. The SIP revision consists of an amendment to ACHD PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 3387 regulations under Article XXI (Air Pollution Control) which adds sections to implement the use of low sulfur fuel oils used in combustion units in Allegheny County, adding sampling and testing methods, and amending associated definitions. Sulfur dioxide (SO2) emissions contribute to the formation of fine particulate matter (PM2.5) and sulfates in the atmosphere, and subsequently to the formation of regional haze. Regional haze is visibility impairing pollution that scatters and absorbs light. The pollutants that cause visibility impairment come from sources and activities that emit fine particles and their precursors, SO2, PM2.5, nitrogen oxides (NOX), and volatile organic compounds (VOCs). The May 8, 2018 SIP revision included revisions to Article XXI to implement low sulfur fuel oil provisions in Allegheny County that align with the state-wide low sulfur fuel oil provisions in 25 Pa Code Section 123.22 (Section 123.22), which is part of the Pennsylvania SIP. The SIP revision seeks to add Sections 2104.10 (Commercial Fuel Oil) and 2107.16 (Sulfur in Fuel Oil) of Article XXI to the Pennsylvania SIP and amend, within the SIP, Section 2101.20 (Definitions) of Article XXI.1 EPA previously approved amendments to Pennsylvania’s low sulfur fuel oil regulation in July 2014. The regulations in 25 Pa Code Section 123.22 specified and established SO2 emission levels and maximum allowable sulfur contents for certain fuel oil types by specific air basins through June 30, 2016, and consistent state-wide maximum allowable sulfur contents for certain fuel oil types beginning July 1, 2016. 79 FR 39330 (July 10, 2014). The July 2014 regulation established maximum allowable sulfur-content in fuels prior to June 30, 2016 in all Pennsylvania air basins except Allegheny County, Lower Beaver Valley, and Monongahela Valley. It also established a statewide maximum allowable sulfur content in fuel oil, including Allegheny County, beginning on July 1, 2016. II. Summary of SIP Revision and EPA Analysis Through the May 2018 SIP revision submittal, Pennsylvania seeks to add Sections 2104.10 and 2107.16 of ACHD’s Article XXI to the Pennsylvania SIP. Section 2104.10 implements low sulfur fuel oil provisions that will reduce the amount of sulfur in fuel oils 1 These revisions became effective within Allegheny County as of December 8, 2017. E:\FR\FM\12FEP1.SGM 12FEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3384-3387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01883]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0626; FRL-9989-13--Region 3]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 3385]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision formally 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: Written comments must be received on or before March 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0626 at https://www.regulations.gov, or via email to
spielberger.susan@epa.gov. 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Elizabeth Gaige, (215) 814-5676, or by
email at gaige.elizabeth@epa.gov.

SUPPLEMENTARY INFORMATION: On May 25, 2018, the State of Delaware,
through the Department of Natural Resources and Environmental Control
(DNREC), formally submitted a SIP revision requesting that the
definition of VOC in the Delaware SIP be updated to conform to several
EPA rulemakings that exempted compounds from the regulatory definition
of VOC in 40 CFR 51.100(s). The May 25, 2018 SIP revision requested
that the definition of VOC in the Delaware SIP be updated to add the
following compounds to the list of compounds excluded from the
definition of VOC: t-butyl acetate (also known as tertiary butyl
acetate or TBAC), 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), methyl formate, HFE-7300 (1,1,1,2,2,3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethyl-pentane), propylene carbonate
and dimethyl carbonate. These compounds were excluded from the
regulatory definition of VOC in 40 CFR 51.100(s) by EPA in several
rulemakings, which are discussed in more detail later in this notice of
proposed rulemaking (NPRM). Delaware's May 25, 2018 SIP 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.\1\
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\1\ The SIP revision requests that the format of the chemical
formulas for the following compounds be 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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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 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 proposed to revise the regulatory
definition of VOC in 40 CFR 51.100(s) to exclude TBAC as a VOC (64 FR
52731). In most cases, when a negligibly reactive VOC is exempted from
the definition of VOC, emissions of that compound are no longer
recorded, collected, or reported to states or the EPA as part of VOC
emissions. However, EPA's final rule excluded TBAC from the definition
of VOC for 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 (69 FR 69290, November 29,
2004) (2004 Final Rule).\2\
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\2\ 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. 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.

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[[Page 3386]]

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, HFE-7500, HFC 227ea, 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, 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 the definition of VOC in 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 the 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.\3\
Delaware also made minor formatting changes to some of the chemical
formulas for VOCs that are already excluded from the definition of VOC
in the Delaware SIP.\1\ These revisions were adopted by Delaware on
August 14, 2009 and were effective September 10, 2009. DNREC formally
submitted these amendments to the regulatory definition of VOC as a SIP
revision on May 25, 2018.
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\3\ As stated 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.
---------------------------------------------------------------------------

Delaware's amendments to the definition of VOC in 7 DE Admin. Code
are in accordance with EPA's regulatory changes to the definition of
VOC in 40 CFR 51.100(s) and are therefore approvable for the Delaware
SIP in accordance with CAA section 110. Also, because EPA has made the
determination that HFE-7000, HFE-7500, HFC 227ea, methyl formate, HFE-
7300, propylene carbonate, dimethyl carbonate and TBAC are of
negligible reactivity and therefore have low contributions to ozone as
well as low likelihood of risk to human health or the environment,
removing these chemicals from the definition of VOC in the Delaware SIP
will not interfere with attainment of any NAAQS, reasonable further
progress, or any other requirement of the CAA. Thus, the addition of
these compounds to the list of compounds excluded from the regulatory
definition of VOC is in accordance with CAA section 110(l).

III. Proposed Action

EPA is proposing to approve Delaware's May 25, 2018 SIP revision
because it meets the requirements of CAA section 110. This revision
updates the regulatory definition of VOC in the Delaware SIP to add
HFE-7000, HFE-7500, HFC 227ea, methyl formate, HFE-7300, propylene
carbonate and dimethyl carbonate to the list of compounds excluded from
the regulatory definition of VOC. The revision also updates the
regulatory definition of VOC in the Delaware SIP to exclude TBAC from
the definition of VOC for purposes of VOC emissions limitations or VOC
content requirements, but continues to define TBAC as a VOC for
purposes of all recordkeeping, emissions reporting, photochemical
dispersion modeling, and inventory requirements that apply to VOC. The
revision also makes 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.\1\ 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 requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the updated definition of VOC in 7 DE Admin. Code 1101--
Definitions and Administrative Principles, which adds HFE-7000, HFE-
7500, HFC 227ea, methyl formate, HFE-7300, propylene carbonate,
dimethyl carbonate and TBAC to the list of compounds excluded from the
regulatory definition of VOC, and makes minor formatting changes to the
chemical formulas for several compounds already excluded from the
definition of VOC in the Delaware SIP.\4\ 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).
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\4\ As stated previously, TBAC continues to be defined in
Delaware's regulations as a VOC for purposes of all recordkeeping,
emissions reporting, photochemical dispersion modeling, and
inventory requirements that apply to VOC. EPA expects that Delaware
will amend its regulations in the near future to remove these
remaining requirements now that EPA has removed these requirements
from the Federal regulations.
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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:
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

[[Page 3387]]

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, amending the definition of VOC in
the Delaware SIP to conform with the regulatory definition of VOC in 40
CFR 51.100(s), 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

Dated: December 20, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-01883 Filed 2-11-19; 8:45 am]
BILLING CODE 6560-50-P

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