Approval and Promulgation of Air Quality Implementation Plans; Delaware; Revision to the Regulatory Definition of a Volatile Organic Compound, 25183-25186 [2019-11179]
Download as PDF
<![CDATA[
25183
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
EPA-APPROVED MICHIGAN REGULATIONS
Michigan citation
State
effective date
Title
*
*
*
EPA approval date
*
Comments
*
*
*
*
*
*
*
Part 2. Air Use Approval
*
R 336.1205 ..........
*
*
Permit to install; approval ............
*
*
*
*
*
*
*
*
6/20/2008 5/31/2019, [Insert Federal Register citation].
*
*
*
*
(e) * * *
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable
geographic
or nonattainment
area
*
*
*
List of permit applications; list of Statewide ..................
consent order public notices;
notice, opportunity for public
comment and public hearing required for certain permit actions.
*
*
*
[FR Doc. 2019–11407 Filed 5–30–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0626; FRL–9994–42Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Revision to the Regulatory
Definition of a Volatile Organic
Compound
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Delaware. This
revision pertains to amendments made
to the definition of ‘‘volatile organic
compound’’ (VOC) in the Delaware
Administrative Code to conform with
EPA’s regulatory definition of VOC. The
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:55 May 30, 2019
Jkt 247001
State
submittal
date
EPA approval date
*
12/19/2018
*
5/31/2019, [Insert
Federal Register
citation].
*
Frm 00011
Fmt 4700
*
*
Includes: Letter from Michigan Department
of Environmental Quality Director C.
Heidi Grether to Regional Administrator
Cathy Stepp, dated 12/19/2018, along
with an enclosed selection of Section
5511 (3) of Part 55, Air Pollution Control,
of the Natural Resources and Environmental Protection Act, 1994 PA 451, as
amended.
*
EPA found that certain compounds have
a negligible photochemical reactivity
and therefore has exempted them from
the regulatory definition of VOC in
several rulemaking actions, as discussed
below. This revision to the Delaware SIP
requested the exemption of these
compounds from the regulatory
definition of VOC to match the actions
EPA has taken. The revision also
requested minor changes to the format
of some of the chemical formulas for
VOCs that are already excluded from the
definition of VOC in the Delaware SIP.
EPA is approving these revisions to
update the definition of VOC in the
Delaware SIP under the Clean Air Act
(CAA).
DATES: This final rule is effective on July
1, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0626. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
PO 00000
Comments
Sfmt 4700
*
*
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the ‘‘For Further
Information Contact’’ section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Gaige, Air Quality Analysis
Branch (3AD40), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5676.
Ms. Gaige can also be reached via
electronic mail at gaige.elizabeth@
epa.gov.
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
E:\FR\FM\31MYR1.SGM
31MYR1
khammond on DSKBBV9HB2PROD with RULES
25184
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
atmosphere to produce tropospheric
ozone, commonly known as smog.
Common sources that may emit VOCs
include paints, coatings, housekeeping
and maintenance products, and building
and furnishing materials. Outdoor
emissions of VOCs are regulated by EPA
primarily to prevent the formation of
ozone.
VOCs have different levels of
volatility, depending on the compound,
and react at different rates to produce
varying amounts of ozone. VOCs that
are non-reactive or of negligible
reactivity to form ozone react slowly
and/or form less ozone; therefore,
reducing their emissions has limited
effects on local or regional ozone
pollution. Section 302(s) of the CAA
specifies that EPA has the authority to
define the meaning of VOC and what
compounds shall be treated as VOCs for
regulatory purposes. It is EPA’s policy
that organic compounds with a
negligible level of reactivity should be
excluded from the regulatory definition
of VOC in order to focus control efforts
on compounds that significantly affect
ozone concentrations. EPA uses the
reactivity of ethane as the threshold for
determining whether a compound has
negligible reactivity. Compounds that
are less reactive than, or equally reactive
to, ethane under certain assumed
conditions may be deemed negligibly
reactive and, therefore, suitable for
exemption by EPA from the regulatory
definition of VOC. The policy of
excluding negligibly reactive
compounds from the regulatory
definition of VOC was first laid out in
the ‘‘Recommended Policy on Control of
Volatile Organic Compounds’’ (42 FR
35314, July 8, 1977) and was
supplemented subsequently with the
‘‘Interim Guidance on Control of
Volatile Organic Compounds in Ozone
State Implementation Plans’’ (70 FR
54046, September 13, 2005). The
regulatory definition of VOC as well as
a list of compounds that are designated
by EPA as negligibly reactive can be
found at 40 CFR 51.100(s).
On September 30, 1999, EPA revised
the regulatory definition of VOC in 40
CFR 51.100(s) to exclude t-butyl acetate
(also known as tertiary butyl acetate or
TBAC) from the definition of VOC for
purposes of VOC emissions limitations
or VOC content requirements. See 64 FR
52731.1
1 EPA’s September 30,1999 final rule continued to
define TBAC as a VOC for purposes of all
recordkeeping, emissions reporting, photochemical
dispersion modeling, and inventory requirements
that apply to VOC. On February 25, 2016, EPA
revised the regulatory definition of VOC under 40
CFR 51.100(s) to remove the recordkeeping and
reporting requirements for TBAC (81 FR 9341).
VerDate Sep<11>2014
15:55 May 30, 2019
Jkt 247001
On November 29, 2004 (69 FR 69290),
EPA promulgated a final rule revising
the regulatory definition of VOC in 40
CFR 51.100(s) to add HFE–7000
(1,1,1,2,2,3,3-heptafluoro-3-methoxypropane), HFE–7500 [3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2(trifluoromethyl) hexane], HFC–227ea
(1,1,1,2,3,3,3-heptafluoropropane), and
methyl formate to the list of compounds
excluded from EPA’s regulatory
definition of VOC. On January 18, 2007
(72 FR 2193) and January 21, 2009 (74
FR 3437), EPA promulgated additional
final rules revising the regulatory
definition of VOC in 40 CFR 51.100(s)
to add HFE–7300 (1,1,1,2,2,3,4,5,5,5decafluoro-3-methoxy-4trifluoromethyl-pentane), propylene
carbonate, and dimethyl carbonate to
the list of compounds excluded from the
regulatory definition of VOC. These
actions were based on EPA’s
consideration of the compounds’
negligible reactivity and low
contribution to ozone as well as the low
likelihood of risk to human health or the
environment. EPA’s rationale for these
actions is explained in more detail in
the final rules for these actions.
II. Summary of SIP Revision and EPA
Analysis
In order to conform with EPA’s
current regulatory definition of VOC in
40 CFR 51.100(s), Delaware amended
Section 2.0 of 7 DE Admin. Code 1101—
Definitions and Administrative
Principles to add HFE–7000, HFE–7500,
HFC–227ea, methyl formate, HFE–7300,
propylene carbonate and dimethyl
carbonate to a list of compounds
excluded from the regulatory definition
of VOC. Delaware also amended the
definition of VOC in 7 DE Admin. Code
1101 to exclude TBAC from the
definition of VOC for the purposes of
VOC emissions limitations or VOC
content requirements, but continued to
define TBAC as a VOC for purposes of
all recordkeeping, emissions reporting,
photochemical dispersion modeling,
and inventory requirements that apply
to VOC.2 Delaware also made minor
changes to the format of some of the
chemical formulas for VOCs that were
already excluded from the definition of
EPA’s rationale for this action is explained in more
detail in the final rule for that action.
2 As discussed previously, on February 25, 2016,
EPA revised the regulatory definition of VOC under
40 CFR 51.100(s) to remove the recordkeeping and
reporting requirements for TBAC (81 FR 9341).
However, Delaware’s May 25, 2018 SIP revision
retains the recordkeeping and reporting
requirements for TBAC as these updates were
adopted August 14, 2009 and became effective
September 10, 2009, which was prior to EPA’s final
rule removing the recordkeeping and reporting
requirements for TBAC.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
VOC in 7 DE Admin Code 1101. 3 On
May 25, 2018, the State of Delaware,
through the Department of Natural
Resources and Environmental Control
(DNREC), formally submitted these
amendments to 7 DE Admin. Code 1101
as a SIP revision.
On February 12, 2019 (84 FR 3384),
EPA published a notice of proposed
rulemaking (NPRM) for the State of
Delaware. In the NPRM, EPA proposed
approval of updates to the regulatory
definition of VOC. EPA’s rationale for
the proposed action is discussed in the
NPRM and will not be restated here.
EPA received one comment
supporting EPA’s NPRM approval of the
SIP and suggesting that EPA adopt a
new nomenclature for VOCs. EPA
thanks the commenter but notes that the
renaming of VOCs was outside of the
scope of EPA’s proposal.
III. Final Action
EPA is approving updates to the
regulatory definition of VOC in Section
2.0 of 7 DE Admin. Code 1101,
submitted on May 25, 2018 by DNREC,
as a revision to the Delaware SIP, as the
submission meets the requirements of
CAA section 110.
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference ofx the revisions to the
definition of VOC in Section 2.0 of 7 DE
Admin. Code 1101 discussed in Section
II of this preamble. EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully Federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.4
3 The format of the chemical formulas for the
following compounds were revised to incorporate
subscripts: 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane (C4F9OCH3), 2-(difluoromethoxymethyl)1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3), 1-ethoxy-1,1,2,2,3,3,4,4,4nonafluorobutane (C4F9OC2H5), and 2(ethoxydifluoromethyl)-1,1,1,2,3,3,3heptafluoropropane ((CF3)2CFCF2OC2H5).
4 62 FR 27968 (May 22, 1997).
E:\FR\FM\31MYR1.SGM
31MYR1
25185
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
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).
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 30, 2019. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action updating the
regulatory definition of a VOC in the
Delaware SIP may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 17, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended under ‘‘1101 Definitions
and Administrative Principles’’, by
adding a second ‘‘Section 2.0’’ after the
existing entry for ‘‘Section 2.0,
Definitions’’ to read as follows.
■
§ 52.420
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
khammond on DSKBBV9HB2PROD with RULES
*
*
Section 2.0 ................
*
VerDate Sep<11>2014
State
effective
date
Title/subject
Additional
explanation
*
*
*
1101 Definitions and Administrative Principles
Definitions ..................
*
15:55 May 30, 2019
EPA approval
date
9/10/09
*
Jkt 247001
PO 00000
5/31/2019, [Insert Federal Register
citation].
*
Frm 00013
Fmt 4700
*
Updated definition of Volatile Organic
Compound. Previous approval 8/11/
2010.
*
Sfmt 4700
E:\FR\FM\31MYR1.SGM
*
*
31MYR1
*
25186
*
*
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations
*
*
*
[FR Doc. 2019–11179 Filed 5–30–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 201, 209, and 252
[Docket DARS–2018–0059]
RIN 0750–AJ85
Defense Federal Acquisition
Regulation Supplement: Applicability
of Inflation Adjustment of AcquisitionRelated Thresholds (DFARS Case
2018–D023)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2018 to require that inflation
adjustments of statutory acquisitionrelated thresholds under 41 U.S.C. 1908
apply to existing contracts and
subcontracts in effect on the date of the
adjustment that contain the adjusted
clauses.
SUMMARY:
DATES:
Effective May 31, 2019.
Ms.
Heather Kitchens, telephone 571–372–
6104.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with RULES
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 65618 on
December 21, 2018, to revise the DFARS
to implement section 821 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2018 (Pub.
L. 115–91). Section 821 amends 41
U.S.C. 1908(d) to require inflation
adjustments of statutory acquisitionrelated thresholds under 41 U.S.C. 1908
apply to existing contracts and
subcontracts in effect on the date of the
adjustment. Section 821 adds the words
‘‘and shall apply, in the case of the
procurement of property or services by
contract, to a contract, and any
subcontract at any tier under the
contract, in effect on that date without
regard to the date of award of the
contract or subcontract’’ at the end of 41
U.S.C. 1908(d).
VerDate Sep<11>2014
15:55 May 30, 2019
Jkt 247001
41 U.S.C. 1908, Inflation adjustment
of acquisition-related dollar thresholds,
requires an adjustment every five years
of acquisition-related thresholds for
inflation using the Consumer Price
Index for All Urban Consumers (CPI–U),
except for the Construction Wage Rate
Requirements statute (formerly known
as the Davis-Bacon Act), Service
Contract Labor Standards statute
(formerly known as the Service Contract
Act), and trade agreements thresholds.
There were no public comments
submitted in response to the proposed
rule. There are no changes made to the
final rule except for conforming changes
to the current version of the DFARS.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule does not create any new
provisions or clauses or impact any
existing provisions or clauses, except for
moving dollar values of thresholds in
the stated clauses to DFARS text
locations and adding references to the
DFARS text locations in these clauses.
III. Executive Orders 12866 and 13563
Executive Order (E.O.s) 12866,
Regulatory Planning and Review; and
E.O. 13563, Improving Regulation and
Regulatory Review, direct agencies to
assess all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
is not a major rule under 5 U.S.C. 804.
V. Executive Order 13771
This final rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
VI. Regulatory Flexibility Act
DoD does not expect this final rule to
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
However, a final regulatory flexibility
analysis has been performed and is
summarized as follows:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
DoD is amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 821 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2018.
Section 821 amends 41 U.S.C. 1908(d)
by including a statement that the
inflation adjusted acquisition-related
dollar thresholds apply to existing
contracts and subcontracts in effect on
the date of the adjustment.
There were no comments made by the
public in response to the initial
regulatory flexibility analysis.
This rule will likely affect, to some
extent, all small business concerns that
submit offers or are awarded contracts
by the Federal Government. For Fiscal
Year 2017, there were 106,438 unique
vendors in the Federal Procurement
Data System (FPDS) identified as small
business concerns.
This rule is not expected to have any
significant economic impact on small
business concerns, because this rule: (1)
Is not creating any new requirements
with which small entities must comply,
and (2) is only establishing the
framework to apply the inflation
adjustments of statutory acquisitionrelated thresholds under 41 U.S.C. 1908
to existing contracts and subcontracts in
effect on the date of the adjustment. The
rule will have minimal impact on small
businesses when responding to
solicitations where an inflation-adjusted
threshold applies. Any impacts of this
rule will have a positive impact on
small business entities.
The next inflation adjustment to the
thresholds will be implemented through
a future DFARS rule. The inflation
adjustments are intended to maintain
the status quo by adjusting for changes
in the value of the dollar. Often any
impact on small business concerns will
be beneficial by preventing burdensome
requirements from applying to small
dollar value acquisitions, which are the
acquisitions for which small business
concerns are most likely to participate.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
There are no known significant
alternative approaches to the proposed
rule that would meet the requirements
of the applicable statute.
VI. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
E:\FR\FM\31MYR1.SGM
31MYR1
]]>Agencies
[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25183-25186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11179]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0626; FRL-9994-42-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Revision to the Regulatory Definition of a Volatile Organic
Compound
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Delaware.
This revision pertains to amendments made to the definition of
``volatile organic compound'' (VOC) in the Delaware Administrative Code
to conform with EPA's regulatory definition of VOC. The EPA found that
certain compounds have a negligible photochemical reactivity and
therefore has exempted them from the regulatory definition of VOC in
several rulemaking actions, as discussed below. This revision to the
Delaware SIP requested the exemption of these compounds from the
regulatory definition of VOC to match the actions EPA has taken. The
revision also requested minor changes to the format of some of the
chemical formulas for VOCs that are already excluded from the
definition of VOC in the Delaware SIP. EPA is approving these revisions
to update the definition of VOC in the Delaware SIP under the Clean Air
Act (CAA).
DATES: This final rule is effective on July 1, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0626. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the ``For Further Information Contact'' section for additional
availability information.
FOR FURTHER INFORMATION CONTACT: Elizabeth Gaige, Air Quality Analysis
Branch (3AD40), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-5676. Ms. Gaige can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
VOCs are organic compounds of carbon that, in the presence of
sunlight, react with sources of oxygen molecules, such as nitrogen
oxides (NOX) and carbon monoxide (CO), in the
[[Page 25184]]
atmosphere to produce tropospheric ozone, commonly known as smog.
Common sources that may emit VOCs include paints, coatings,
housekeeping and maintenance products, and building and furnishing
materials. Outdoor emissions of VOCs are regulated by EPA primarily to
prevent the formation of ozone.
VOCs have different levels of volatility, depending on the
compound, and react at different rates to produce varying amounts of
ozone. VOCs that are non-reactive or of negligible reactivity to form
ozone react slowly and/or form less ozone; therefore, reducing their
emissions has limited effects on local or regional ozone pollution.
Section 302(s) of the CAA specifies that EPA has the authority to
define the meaning of VOC and what compounds shall be treated as VOCs
for regulatory purposes. It is EPA's policy that organic compounds with
a negligible level of reactivity should be excluded from the regulatory
definition of VOC in order to focus control efforts on compounds that
significantly affect ozone concentrations. EPA uses the reactivity of
ethane as the threshold for determining whether a compound has
negligible reactivity. Compounds that are less reactive than, or
equally reactive to, ethane under certain assumed conditions may be
deemed negligibly reactive and, therefore, suitable for exemption by
EPA from the regulatory definition of VOC. The policy of excluding
negligibly reactive compounds from the regulatory definition of VOC was
first laid out in the ``Recommended Policy on Control of Volatile
Organic Compounds'' (42 FR 35314, July 8, 1977) and was supplemented
subsequently with the ``Interim Guidance on Control of Volatile Organic
Compounds in Ozone State Implementation Plans'' (70 FR 54046, September
13, 2005). The regulatory definition of VOC as well as a list of
compounds that are designated by EPA as negligibly reactive can be
found at 40 CFR 51.100(s).
On September 30, 1999, EPA revised the regulatory definition of VOC
in 40 CFR 51.100(s) to exclude t-butyl acetate (also known as tertiary
butyl acetate or TBAC) from the definition of VOC for purposes of VOC
emissions limitations or VOC content requirements. See 64 FR 52731.\1\
---------------------------------------------------------------------------
\1\ EPA's September 30,1999 final rule continued to define TBAC
as a VOC for purposes of all recordkeeping, emissions reporting,
photochemical dispersion modeling, and inventory requirements that
apply to VOC. On February 25, 2016, EPA revised the regulatory
definition of VOC under 40 CFR 51.100(s) to remove the recordkeeping
and reporting requirements for TBAC (81 FR 9341). EPA's rationale
for this action is explained in more detail in the final rule for
that action.
---------------------------------------------------------------------------
On November 29, 2004 (69 FR 69290), EPA promulgated a final rule
revising the regulatory definition of VOC in 40 CFR 51.100(s) to add
HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane), HFE-7500 [3-
ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)
hexane], HFC-227ea (1,1,1,2,3,3,3-heptafluoropropane), and methyl
formate to the list of compounds excluded from EPA's regulatory
definition of VOC. On January 18, 2007 (72 FR 2193) and January 21,
2009 (74 FR 3437), EPA promulgated additional final rules revising the
regulatory definition of VOC in 40 CFR 51.100(s) to add HFE-7300
(1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane),
propylene carbonate, and dimethyl carbonate to the list of compounds
excluded from the regulatory definition of VOC. These actions were
based on EPA's consideration of the compounds' negligible reactivity
and low contribution to ozone as well as the low likelihood of risk to
human health or the environment. EPA's rationale for these actions is
explained in more detail in the final rules for these actions.
II. Summary of SIP Revision and EPA Analysis
In order to conform with EPA's current regulatory definition of VOC
in 40 CFR 51.100(s), Delaware amended Section 2.0 of 7 DE Admin. Code
1101--Definitions and Administrative Principles to add HFE-7000, HFE-
7500, HFC-227ea, methyl formate, HFE-7300, propylene carbonate and
dimethyl carbonate to a list of compounds excluded from the regulatory
definition of VOC. Delaware also amended the definition of VOC in 7 DE
Admin. Code 1101 to exclude TBAC from the definition of VOC for the
purposes of VOC emissions limitations or VOC content requirements, but
continued to define TBAC as a VOC for purposes of all recordkeeping,
emissions reporting, photochemical dispersion modeling, and inventory
requirements that apply to VOC.\2\ Delaware also made minor changes to
the format of some of the chemical formulas for VOCs that were already
excluded from the definition of VOC in 7 DE Admin Code 1101. \3\ On May
25, 2018, the State of Delaware, through the Department of Natural
Resources and Environmental Control (DNREC), formally submitted these
amendments to 7 DE Admin. Code 1101 as a SIP revision.
---------------------------------------------------------------------------
\2\ As discussed previously, on February 25, 2016, EPA revised
the regulatory definition of VOC under 40 CFR 51.100(s) to remove
the recordkeeping and reporting requirements for TBAC (81 FR 9341).
However, Delaware's May 25, 2018 SIP revision retains the
recordkeeping and reporting requirements for TBAC as these updates
were adopted August 14, 2009 and became effective September 10,
2009, which was prior to EPA's final rule removing the recordkeeping
and reporting requirements for TBAC.
\3\ The format of the chemical formulas for the following
compounds were revised to incorporate subscripts: 1,1,1,2,2,3,3,4,4-
nonafluoro-4-methoxy-butane
(C4F9OCH3), 2-
(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3), 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5), and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5
).
---------------------------------------------------------------------------
On February 12, 2019 (84 FR 3384), EPA published a notice of
proposed rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA
proposed approval of updates to the regulatory definition of VOC. EPA's
rationale for the proposed action is discussed in the NPRM and will not
be restated here.
EPA received one comment supporting EPA's NPRM approval of the SIP
and suggesting that EPA adopt a new nomenclature for VOCs. EPA thanks
the commenter but notes that the renaming of VOCs was outside of the
scope of EPA's proposal.
III. Final Action
EPA is approving updates to the regulatory definition of VOC in
Section 2.0 of 7 DE Admin. Code 1101, submitted on May 25, 2018 by
DNREC, as a revision to the Delaware SIP, as the submission meets the
requirements of CAA section 110.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference ofx the
revisions to the definition of VOC in Section 2.0 of 7 DE Admin. Code
1101 discussed in Section II of this preamble. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------
\4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
[[Page 25185]]
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 30, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action updating the regulatory definition of a VOC in the
Delaware SIP may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 17, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (c) is amended under ``1101
Definitions and Administrative Principles'', by adding a second
``Section 2.0'' after the existing entry for ``Section 2.0,
Definitions'' to read as follows.
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
Epa-Approved Regulations and Statutes In The Delaware Sip
----------------------------------------------------------------------------------------------------------------
State regulation (7 DNREC State Additional
1100) Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1101 Definitions and Administrative Principles
----------------------------------------------------------------------------------------------------------------
Section 2.0................. Definitions................. 9/10/09 5/31/2019, Updated
[Insert Federal definition of
Register Volatile Organic
citation]. Compound.
Previous
approval 8/11/
2010.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 25186]]
* * * * *
[FR Doc. 2019-11179 Filed 5-30-19; 8:45 am]
BILLING CODE 6560-50-P
