Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Regulatory Definition of Volatile Organic Compounds, 67873-67875 [2019-26687]

Download as PDF Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Rules and Regulations that the home is no longer recognized or certified by VA under part 51. (g) Compliance with Federal laws. Under State home care agreements entered into under this section, State homes are not required to comply with reporting and auditing requirements imposed under the Service Contract Act of 1965, as amended (41 U.S.C. 6701, et seq.); however, State homes must comply with all other applicable Federal laws concerning employment and hiring practices including the Fair Labor Standards Act, National Labor Relations Act, the Civil Rights Acts, the Age Discrimination in Employment Act of 1967, the Vocational Rehabilitation Act of 1973, Worker Adjustment and Retraining Notification Act, SarbanesOxley Act of 2002, Occupational Health and Safety Act of 1970, Immigration Reform and Control Act of 1986, Consolidated Omnibus Reconciliation Act, the Family and Medical Leave Act, the Americans with Disabilities Act, the Uniformed Services Employment and Reemployment Rights Act, the Immigration and Nationality Act, the Consumer Credit Protection Act, the Employee Polygraph Protection Act, and the Employee Retirement Income Security Act. [FR Doc. 2019–26501 Filed 12–11–19; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2019–0429; FRL–10002– 99–Region 3] Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Regulatory Definition of Volatile Organic Compounds 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. The revisions pertain to amendments made to the definition of volatile organic compound (VOC) in the Delaware Administrative Code to conform with EPA’s regulatory definition of VOC. EPA found that certain compounds have negligible photochemical reactivity and, therefore, has exempted them from the regulatory definition of VOC in several rulemaking actions. This revision to the Delaware SIP requested the exemption of eight compounds from the regulatory khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:05 Dec 11, 2019 Jkt 250001 definition of VOC to match the actions EPA has taken. The revision also requested to remove the recordkeeping, reporting, modeling, and inventory requirements for t-butyl acetate (TBAC). EPA is approving these revisions to update the definition of VOC in the Delaware SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on January 13, 2020. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2019–0429. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Erin Malone, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2190. Ms. Malone can also be reached via electronic mail at malone.erin@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On September 3, 2019, EPA published a notice of proposed rulemaking (NPRM) for the State of Delaware. 84 FR 45931. In the NPRM, EPA proposed approving Delaware’s amendment of its definition of VOC to include eight additional compounds to the list of exempt compounds and to remove the recordkeeping, reporting, and modeling requirements for TBAC. The formal SIP revision was submitted by Delaware on March 25, 2019. II. Summary of SIP Revision and EPA Analysis In order to conform with EPA’s current regulatory definition of VOC in 40 CFR 51.100(s), Delaware amended Section 2.0 of 7 Admin. Code 1101— Definitions and Administrative Principles to add: trans-1,3,3,3tetrafluoropropene (HFO-1234ze); HFE134 (HCF2OCF2H); HFE-236cal2 (HCF2OCF2OCF2H); HFE-338pcc13 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 67873 (HCF2OCF2CF2OCF2H); H-Galden 1040X or H-Galden ZT 130 or (150 or 180) (HCF2OCF2OCF2CF2OCF2H); trans 1chloro-3,3,3-trifluoroprop-1-ene; 2,3,3,3tetrafluoropropene; and 2-amino-2methyl-1-propanol to a list of compounds excluded from the regulatory definition of VOC. Delaware also amended the definition of VOC in 7 DE Admin. Code 1101 to remove the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for TBAC. On March 25, 2019, the State of Delaware, through the Department of Natural Resources and Environmental Control (DNREC), formally submitted these amendments to 7 DE Admin. Code 1101 as a SIP revision. EPA determined DNREC’s submission to be administratively and technically complete in the Agency’s May 28, 2019 completeness letter to DNREC. The Agency’s completeness letter was inadvertently not added to the docket for this rulemaking action by the time the NPRM went out for publication. The completeness letter can now be found in the docket (Docket ID Number EPA– R03–OAR–2019–0429). On September 3, 2019, EPA published an NPRM for the State of Delaware’s SIP revision. 84 FR 45931. The rationale for EPA’s proposed action is explained in the NPRM and will not be restated here.1 EPA received two anonymous comments in response to the NPRM. One comment suggested that EPA should not approve Delaware’s SIP revision to exclude the identified chemical compounds from the definition for VOC due to concerns regarding harm to the ozone layer and the air quality of ozone at the surface. The second comment was concerned with the cumulative effect of removing the identified chemicals from regulatory control and the effect of their removal on air quality and public health. A copy of the comments can be found in the docket for this rulemaking action. EPA Response: Both comments appear to be principally concerned with EPA’s prior action of approving the exclusion of these chemical compounds from the definition of VOC, thus removing them from regulatory control. However, this current rulemaking addresses Delaware’s request to remove the compounds from Delaware’s 1 In the NPRM, EPA identified that the effective date of Delaware’s amended regulatory changes was November 11, 2016. 84 FR 45931, 45932 (September 3, 2019). However, the actual effective date was December 11, 2016. The change in effective date is due to an error that Delaware corrected in a subsequent notice. See 20 DE Reg. 512 (January 1, 2017) (Errata). E:\FR\FM\12DER1.SGM 12DER1 67874 Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Rules and Regulations definition of VOC to conform with EPA’s regulatory definition. EPA has already reviewed, proposed, and finalized the rulemaking actions that removed the eight compounds from the federal definition of VOC (See 77 FR 37610, June 22, 2012; 78 FR 9823, February 12, 2013; 78 FR 53029, August 28, 2013; 78 FR 62451, October 22, 2013; 79 FR 17037, March 27, 2014). Since EPA is not proposing to change these final federal actions, these comments are not relevant to this rulemaking action involving Delaware’s SIP. EPA already found that exempting these pollutants from the regulatory definition of VOC is consistent with the discretion provided to the Administrator in the CAA to define VOC, as explained in the rulemakings cited above. Accordingly, under CAA section 110(k)(3), EPA ‘‘shall approve’’ this SIP revision seeking to incorporate those same exemptions to the Delaware SIP. III. Final Action EPA is approving updates to the regulatory definition of VOC in Section 2.0 of 7 DE Admin. Code 1101, submitted on March 25, 2019 by DNREC, as a revision to the Delaware SIP, as the revision meets the requirements of CAA section 110. khammond on DSKJM1Z7X2PROD with RULES IV. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the revisions to the definition of VOC in Section 2.0 of 7 DE Admin. Code 1101 discussed in Section II of this preamble. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.2 2 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 16:05 Dec 11, 2019 Jkt 250001 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, PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 10, 2020. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action updating the regulatory definition of VOC in the Delaware SIP may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: November 27, 2019. Cosmo Servidio, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: E:\FR\FM\12DER1.SGM 12DER1 67875 Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Rules and Regulations Authority: 42 U.S.C. 7401 et seq. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS adding a third entry for ‘‘Section 2.0’’, after the second entry for ‘‘Section 2.0’’ to read as follows: Subpart I—Delaware 2. In § 52.420, the table in paragraph (c) is amended under ‘‘1101 Definitions and Administrative Principles’’ by ■ 1. The authority citation for part 52 continues to read as follows: ■ § 52.420 * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP State regulation (7 DNREC 1100) State effective date Title/subject 1101 * Section 2.0 ..................... * * * * * Definitions ..................... * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 272 [EPA–R08–RCRA–2018–0554; FRL–10001– 40–Region 8] North Dakota: Incorporation by Reference of State Hazardous Waste Management Program Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This rule codifies in the regulations the prior approval of North Dakota’s hazardous waste management program and incorporates by reference authorized provisions of the State’s statutes and regulations. The Environmental Protection Agency (EPA) uses the regulations entitled, ‘‘Approved State Hazardous Waste Management Programs,’’ to provide notice of the authorization status of State programs, and to incorporate by reference those provisions of the State statutes and regulations that are authorized and that EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conservation and Recovery Act (RCRA). The EPA previously provided notices and opportunity for comments on the Agency’s decisions to authorize the State of North Dakota program and the EPA is not now reopening the decisions, nor requesting comments, on the North Dakota authorization as previously published in the Federal Register khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:56 Dec 11, 2019 Jkt 250001 Additional explanation Definitions and Administrative Principles 12/11/2016 * [FR Doc. 2019–26687 Filed 12–11–19; 8:45 am] EPA approval date * * * * 12/12/2019 [Insert FedUpdated definition of volatile organic compound. eral Register citation]. Previous approval 5/31/2019. * * documents specified in Section I.C. of this final rule document. DATES: This action is effective January 13, 2020. The Director of the Federal Register approves this incorporation by reference as of January 13, 2020. ADDRESSES: The documents that form the basis for this codification and associated publicly available materials are available electronically through https://www.regulations.gov (Docket ID No. EPA–EPA–RCRA–2019–0554). Although listed in the index, some of the information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. You can also view and copy the documents from 8:30 a.m. to 4 p.m. Monday through Friday at the following location: EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, phone number (303) 312–6667. Interested persons wanting to examine these documents should make an appointment with the office at least two days in advance. FOR FURTHER INFORMATION CONTACT: Moye Lin, RCRA State Liaison, Environmental Protection Specialist, Land, Chemicals, and Redevelopment Division, 8LCR–RC, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129; phone number (303) 312– 6667; Email address: lin.moye@epa.gov. SUPPLEMENTARY INFORMATION: I. Incorporation by Reference A. What is codification? Codification is the process of including the statutes and regulations that comprise the State’s authorized hazardous waste management program into the Code of Federal Regulations (CFR). Section 3006(b) of RCRA, as PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 * * amended, allows the EPA to authorize State hazardous waste management programs to operate in lieu of the Federal hazardous waste management regulatory program. The EPA codifies its authorization of State programs in 40 CFR part 272 and incorporates by reference State statutes and regulations that the EPA will enforce under sections 3007 and 3008 of RCRA, and any other applicable statutory provisions. The incorporation by reference of State authorized programs in the CFR should substantially enhance the public’s ability to discern the current status of the authorized State program and State requirements that can be federally enforced. This effort provides clear notice to the public of the scope of the authorized program in each State. B. Why wasn’t there a proposed rule before today’s rule? The EPA is publishing this rule to codify North Dakota’s authorized hazardous waste management program without a prior proposal because we believe this action is not controversial. This rulemaking is in accordance with section 3006(b) of RCRA, the EPA has already evaluated the State’s statutory and regulatory requirements and has determined that the State’s program meets the statutory and regulatory requirements established by RCRA. The EPA previously provided notices and opportunity for comments on the Agency’s decisions to authorize the North Dakota program. The EPA is not reopening the decisions, nor requesting new comments on the North Dakota authorizations, as previously published in the Federal Register documents specific in Section I.C of this final rule document. The previous authorizations E:\FR\FM\12DER1.SGM 12DER1

Agencies

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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of Delaware. 
The revisions pertain to amendments made to the definition of volatile 
organic compound (VOC) in the Delaware Administrative Code to conform 
with EPA's regulatory definition of VOC. EPA found that certain 
compounds have negligible photochemical reactivity and, therefore, has 
exempted them from the regulatory definition of VOC in several 
rulemaking actions. This revision to the Delaware SIP requested the 
exemption of eight compounds from the regulatory definition of VOC to 
match the actions EPA has taken. The revision also requested to remove 
the recordkeeping, reporting, modeling, and inventory requirements for 
t-butyl acetate (TBAC). EPA is approving these revisions to update the 
definition of VOC in the Delaware SIP in accordance with the 
requirements of the Clean Air Act (CAA).

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

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0429. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Erin Malone, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2190. Ms. Malone can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

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

II. Summary of SIP Revision and EPA Analysis

    In order to conform with EPA's current regulatory definition of VOC 
in 40 CFR 51.100(s), Delaware amended Section 2.0 of 7 Admin. Code 
1101--Definitions and Administrative Principles to add: trans-1,3,3,3-
tetrafluoropropene (HFO-1234ze); HFE-134 
(HCF2OCF2H); HFE-236cal2 
(HCF2OCF2OCF2H); HFE-338pcc13 
(HCF2OCF2CF2OCF2H); H-
Galden 1040X or H-Galden ZT 130 or (150 or 180) 
(HCF2OCF2OCF2CF2OCF2
H); trans 1-chloro-3,3,3-trifluoroprop-1-ene; 2,3,3,3-
tetrafluoropropene; and 2-amino-2-methyl-1-propanol to a list of 
compounds excluded from the regulatory definition of VOC. Delaware also 
amended the definition of VOC in 7 DE Admin. Code 1101 to remove the 
recordkeeping, emissions reporting, photochemical dispersion modeling, 
and inventory requirements for TBAC. On March 25, 2019, the State of 
Delaware, through the Department of Natural Resources and Environmental 
Control (DNREC), formally submitted these amendments to 7 DE Admin. 
Code 1101 as a SIP revision.
    EPA determined DNREC's submission to be administratively and 
technically complete in the Agency's May 28, 2019 completeness letter 
to DNREC. The Agency's completeness letter was inadvertently not added 
to the docket for this rulemaking action by the time the NPRM went out 
for publication. The completeness letter can now be found in the docket 
(Docket ID Number EPA-R03-OAR-2019-0429).
    On September 3, 2019, EPA published an NPRM for the State of 
Delaware's SIP revision. 84 FR 45931. The rationale for EPA's proposed 
action is explained in the NPRM and will not be restated here.\1\
---------------------------------------------------------------------------

    \1\ In the NPRM, EPA identified that the effective date of 
Delaware's amended regulatory changes was November 11, 2016. 84 FR 
45931, 45932 (September 3, 2019). However, the actual effective date 
was December 11, 2016. The change in effective date is due to an 
error that Delaware corrected in a subsequent notice. See 20 DE Reg. 
512 (January 1, 2017) (Errata).
---------------------------------------------------------------------------

    EPA received two anonymous comments in response to the NPRM. One 
comment suggested that EPA should not approve Delaware's SIP revision 
to exclude the identified chemical compounds from the definition for 
VOC due to concerns regarding harm to the ozone layer and the air 
quality of ozone at the surface. The second comment was concerned with 
the cumulative effect of removing the identified chemicals from 
regulatory control and the effect of their removal on air quality and 
public health. A copy of the comments can be found in the docket for 
this rulemaking action.
    EPA Response: Both comments appear to be principally concerned with 
EPA's prior action of approving the exclusion of these chemical 
compounds from the definition of VOC, thus removing them from 
regulatory control. However, this current rulemaking addresses 
Delaware's request to remove the compounds from Delaware's

[[Page 67874]]

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

III. Final Action

    EPA is approving updates to the regulatory definition of VOC in 
Section 2.0 of 7 DE Admin. Code 1101, submitted on March 25, 2019 by 
DNREC, as a revision to the Delaware SIP, as the revision meets the 
requirements of CAA section 110.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the revisions 
to the definition of VOC in Section 2.0 of 7 DE Admin. Code 1101 
discussed in Section II of this preamble. EPA has made, and will 
continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 10, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action updating the regulatory definition of VOC in the 
Delaware SIP may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    40 CFR part 52 is amended as follows:

[[Page 67875]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended under ``1101 
Definitions and Administrative Principles'' by adding a third entry for 
``Section 2.0'', after the second entry for ``Section 2.0'' to read as 
follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations And Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
State regulation  (7 DNREC 1100)     Title/subject      effective    EPA approval date    Additional explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
                                 1101 Definitions and Administrative Principles
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 2.0.....................  Definitions........   12/11/2016  12/12/2019 [Insert   Updated definition of
                                                                     Federal Register     volatile organic
                                                                     citation].           compound. Previous
                                                                                          approval 5/31/2019.
 
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[FR Doc. 2019-26687 Filed 12-11-19; 8:45 am]
BILLING CODE 6560-50-P
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