[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Proposed Rules]
[Pages 45931-45933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18828]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0429; FRL-9999-08-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Delaware. This revision pertains to amendments made to the 
definition of volatile organic compounds (VOC) in the Delaware 
Administrative Code to conform with EPA's regulatory definition of VOC. 
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. This revision to the 
Delaware SIP requests the exemption of eight compounds from the 
regulatory definition of VOC to match the actions EPA has taken. In 
addition, the revision also requests to remove the recordkeeping, 
reporting, modeling, and inventory requirements for t-butyl acetate 
(TBAC). This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before October 3, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0429 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://www.epa.gov/dockets/commenting-epa-dockets.

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: On March 25, 2019, the State of Delaware, 
through the Department of Natural Resources and Environmental Control 
(DNREC), formally submitted a revision to its SIP requesting that the 
definition of VOC in the Delaware SIP be updated to conform with 
several EPA rulemakings that exempted multiple compounds from the 
Federal definition of VOC in 40 CFR 51.100(s). The March 25, 2019 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: 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. These compounds 
were excluded from the Federal 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). DNREC's 
March 25, 2019 SIP revision also requested to delete the recordkeeping, 
reporting, and modeling requirements for TBAC.

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

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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 June 22, 2012 (77 FR 37610), EPA promulgated a final rule 
revising the regulatory definition of VOC in 40 CFR 51.100(s) to add 
trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list 
of compounds excluded from EPA's regulatory definition of VOC. HFO-
1234ze is used as a refrigerant, an aerosol propellant, and a blowing 
agent for insulating foam. On February 12, 2013 (78 FR 9823), EPA 
promulgated a final rule revising the regulatory definition of VOC in 
40 CFR 51.100(s) to add HCF2OCF2H (also known as 
HFE-134), HCF2OCF2OCF2H (also known as 
HFE-236cal2), 
HCF2OCF2CF2OCF2H (also 
known as HFE-338pcc13), and 
HCF2OCF2OCF2CF2OCF2
H (also known as H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)), to 
the list of compounds excluded from EPA's regulatory definition of VOC. 
These four compounds can be used in some heat transfer applications (as 
refrigerants) and as fire suppressants.
    On August 28, 2013 (78 FR 53029), October 22, 2013 (78 FR 62451), 
and March 27, 2014 (79 FR 17037), EPA promulgated final rulemakings 
revising the regulatory definition of VOC in 40 CFR 51.100(s) to add 
trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as Solstice\TM\ 
1233zd(E)), 2,3,3,3-tetrafluoropropene (also known as HFO-1234yf), and 
2-amino-2-methyl-1-propanol (also known as AMP; CAS number 124-68-5), 
respectively, to the list of compounds excluded from the EPA's 
regulatory definition of VOC. Solstice\TM\ 1233zd(E) can be used as a 
solvent in aerosol and non-aerosol applications, as a blowing agent in 
insulating foams, and as a refrigerant. HFO-1234yf can be used as a 
refrigerant for refrigeration and air-conditioning. AMP can be used in 
a variety of applications including in industries involved in the 
manufacture or use of pigments in water-based coatings, as an additive 
in metalworking fluids, in food contact paper, as a neutralizer in 
personal care products, and as an intermediate in chemical synthesis.
    These actions were based on EPA's consideration of the compounds' 
negligible contribution to tropospheric ozone formation 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.
    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 VOCs, 69 FR 69298 (November 
29, 2004) (2004 Final Rule).
    On February 25, 2016, EPA revised the regulatory definition of VOC 
under 40 CFR 51.100(s) to remove TBAC's recordkeeping, emissions 
reporting, photochemical dispersion modeling, and inventory 
requirements 81 FR 9339 (2016 Final Rule).

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 
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 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 remove TBAC's 
recordkeeping, emissions reporting, photochemical dispersion modeling, 
and inventory requirements. These revisions were adopted by Delaware on 
October 12, 2016 and were effective November 11, 2016. DNREC formally 
submitted these amendments to the regulatory definition of VOC as a SIP 
revision on March 25, 2019. EPA determined DNREC's submission to be 
administratively and technically complete in the Agency's May 28, 2019 
correspondence to DNREC.\1\
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    \1\ The Agency's May 28, 2019 completeness letter contained a 
minor discrepancy when referring to the number of compounds being 
added to the exemption list in the definition of VOC. The letter 
erroneously stated that five compounds were being added and then 
listed the eight compounds that were being added. That statement 
should have read ``DNREC's requested revisions are to add eight 
additional compounds to the list of exclusions from the VOC 
definition. . .''
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    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. Additionally, EPA has already 
made the determination that 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 are of negligible 
reactivity and therefore have low contributions to ozone as well as a 
low likelihood of risk to human health or the environment, and that 
removing these chemicals from the definition of VOC in the Delaware SIP 
will not interfere with attainment of any national ambient air quality 
standard (NAAQS), reasonable further progress, or any other requirement 
of the CAA.
    The 2016 Final Rule stated that the recordkeeping, reporting, 
modeling, and inventory requirements that remained for TBAC are of 
limited utility because they do not provide sufficient information to 
judge the cumulative impacts of exempted compounds and because the data 
have not been consistently captured and reported. Thus, the addition of 
these compounds to the list of compounds excluded from the regulatory 
definition of VOC as well as the removal of the recordkeeping, 
reporting, modeling, and inventory requirements for TBAC are in 
accordance with CAA Section 110(l).

III. Proposed Action

    EPA's review of the submitted material indicates the revision 
updated the regulatory definition of VOC in the

[[Page 45933]]

Delaware SIP 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 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 
remove the recordkeeping, emissions reporting, photochemical dispersion 
modeling, and inventory requirements for TBAC. EPA is proposing to 
approve Delaware's SIP revision, which was submitted on March 25, 2019, 
because the stated revisions to the definition of VOC meet the 
requirements of CAA section 110. EPA is soliciting public comments on 
the issues discussed in this rulemaking action. 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 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 the excluded 
compounds list and removes the recordkeeping, emissions reporting, 
photochemical dispersion modeling, and inventory requirements for TBAC 
in the regulatory definition of VOC in the Delaware SIP. 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 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, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: August 20, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-18828 Filed 8-30-19; 8:45 am]
 BILLING CODE 6560-50-P


