Proposed Rule2022-13661
Air Plan Approval; Delaware; Control of Volatile Organic Compounds Emissions From Solvent Cleaning and Drying
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 27, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 the reduction of volatile organic compounds (VOC) emissions from cold solvent cleaning operations. This action is being taken under the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 122 (Monday, June 27, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Proposed Rules]
[Pages 38044-38046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13661]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0944; FRL-9174-01-R3]
Air Plan Approval; Delaware; Control of Volatile Organic
Compounds Emissions From Solvent Cleaning and Drying
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
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 the reduction of volatile
organic compounds (VOC) emissions from cold solvent cleaning
operations. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 27, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0944 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#ed8a829f898283c380848688ad889d8cc38a829b"><span class="__cf_email__" data-cfemail="b5d2dac7d1dadb9bd8dcded0f5d0c5d49bd2dac3">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Mallory Moser, 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-
2030. Ms. Moser can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#97daf8e4f2e5b9daf6fbfbf8e5eed7f2e7f6b9f0f8e1"><span class="__cf_email__" data-cfemail="d598baa6b0a7fb98b4b9b9baa7ac95b0a5b4fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On October 13, 2021, the Delaware Department
of Natural Resources and Environmental Control (DNREC) submitted a
revision to its SIP which comprises revisions to Title 7 of Delaware's
Administrative Code (7 DE Admin. Code) 1124 Section 33.0--Solvent
Cleaning and Drying. The revision to 7 DE Admin. Code 1124 Section 33.0
will reduce emissions of VOCs from cold solvent cleaning operations,
thus reducing the formation of ground-level ozone.
I. Background
The revision consists of an amendment to 7 DE Admin. Code 1124,
Control of Volatile Organic Compound Emissions, Section 33--Solvent
Cleaning and Drying. Specifically, the amendment updates the solvent
cleaning control requirements based upon the 2012 Ozone Transport
Commission (OTC) Model Rule.
The OTC, of which Delaware is a member, is an organization
established by Congress under the CAA. Among other things, the OTC
develops model rules for the member states to use to reduce the
emissions of ground level ozone precursors. In 2001, the OTC released
the 2001 Model Rule for Solvent Cleaning (2001 Model Rule). The 2001
Model Rule is the basis for the version of 7 DE Admin. Code 1124,
Control of Volatile Organic Compound Emissions, Section 33--Solvent
Cleaning and Drying currently in the approved Delaware SIP.\1\ After a
release of the control techniques guideline (CTG): Industrial Cleaning
Solvents by the EPA in 2006, proposing new VOC limits for solvent
cleaning, the OTC convened a group of experts that suggested a more
stringent model rule than what is provided in the CTG and the 2001
Model Rule. The OTC then developed the 2012 Model Rule for Solvent
Degreasing (2012 Model Rule). The provisions set forth in the 2012
Model Rule are more stringent than those currently included in the
Delaware SIP and form the basis of the Delaware SIP revision we are
proposing to approve in this rulemaking. This revision eliminates an
existing exemption by adding provisions that apply to owners or
operators of a solvent cleaning machine that uses any volume of solvent
containing VOC. This revision also reduces the solvent VOC
concentration from 100 percent to 25 grams per liter of non-VOC
solution for most applications.
---------------------------------------------------------------------------
\1\ See 67 FR 70315 (November 22, 2002).
---------------------------------------------------------------------------
Certain areas of Delaware are designated as nonattainment for
ground-level ozone. Ground-level ozone is formed through the reaction
of VOCs and other compounds in the air in the presence of sunlight.
High levels of ground-level ozone can cause or worsen difficulty in
breathing, asthma and other serious respiratory problems. In addition
to improving public health and the environment, decreased emissions of
VOCs, and therefore subsequently ground-level ozone, will contribute to
the attainment of the ozone national ambient air quality standard
(NAAQS).
By removing an applicability exemption and decreasing the allowable
solvent VOC concentration, the 2012 Model Rule is expected to decrease
emissions of VOCs. This reduction of VOC emissions from solvent
cleaning operations will further reduce the formation of ground-ozone.
Therefore, Delaware is amending their SIP to implement the updated 2012
Model Rule.
II. Summary of SIP Revision and EPA Analysis
This SIP revision, submitted by the State of Delaware on October
13, 2021, amends 7 DE Admin. Code 1124 section 33.0, Solvent Cleaning
and Drying. The amendments to section 33.1 (Applicability) add
provisions that apply to owners or operators of a solvent cleaning
machine that uses any volume of solvent containing VOC. Therefore, the
amendments eliminate the previous exemption for cold cleaning machines
containing less than one liter of solvent and 5% by weight VOC. Section
33.1 also clarifies that it does not cover solvent cleaning machines
that use the following hazardous air pollutants (HAPs): methylene
chloride, perchloroethylene or 1,1,1-trichloroethane. Additionally,
[[Page 38045]]
this Section adds language that clarifies the provisions do not
separate VOCs into categories such as a low-vapor pressure chemical
compound (LVP-VOC) or mixture.
The amendments to section 33.2 (Definitions): (1) add clarity by
defining the following terms that had been used in the prior version of
the regulation but which had not previously been defined: Batch cold
cleaning machine, Freeboard refrigeration device, Idling mode, In-line
cold cleaning machine, Lip exhaust and Solvent; and (2) modify
definitions for the following: Batch vapor cleaning machine, Cold
cleaning machine, Freeboard height and Remote reservoir cold cleaning
machine.
Section 33.3 (Standards for batch cold cleaning machines)
amendments allow cold cleaning machines to be heated below boiling and
require the cold cleaning machines must remain leak free. Cold cleaning
machines that are heated must have a temperature control device that
will avoid overheating and prevent boiling of the cleaning solution.
The amendments to section 33.3 are more stringent than the current SIP
because they reduce the solvent VOC concentration from 100% to 25 grams
of VOC per liter solution for most applications. Limited types of
applications may use 150 grams VOC per liter of solution. A VOC content
greater than 25 grams of VOC per liter, or 150 grams of VOC per liter
for certain application types, may be used only with a VOC capture and
control device that would control the VOC air emissions to no more than
would be experienced if the cleaning solution were VOC compliant in
absence of the capture and control device. These reductions in the
allowed solvent VOC concentration will further reduce emissions of
VOCs.
Similarly, Section 33.5 (Standards for in-line cleaning machines)
reduces the VOC content concentration for cleaning solution, from 100%
to no more than 25 grams of VOC per liter for cleaning standard parts
and no more than 150 grams VOC for printed circuit boards. The
revisions to section 33.5 are more stringent than the current SIP and
will further reduce emissions of VOCs.
The amendment adds clarifying language which maintains there are no
existing VOC content restrictions for the cleaning solvent used in the
following: batch vapor cleaning machines, vapor in-line cleaning
machines, machines not having a solvent/air interface, or vapor in-line
cleaning machines under the alternative standard.
Section 33.8 (Monitoring) adds provisions for the testing of the
temperature control system. Amendments to section 33.9 (Recordkeeping)
require the owner or operator of a cold cleaning machine provide
appropriate documentation that may be used for compliance. Section
33.10 (Reporting) adds the requirement of specific documentation when
obtaining any solvent containing VOC for use in a cold cleaning
machine. Section 33.11 (Test Methods) requires the VOC content of
materials subject to these provisions must be determined by EPA
Reference Method 24, SCAQMD Method 304, or SCAQMD Method 313. In
addition, the amendments include other non-substantive administrative
wording edits and corrections.
III. Proposed Action
Delaware's proposed SIP revisions to 40 CFR 52.420(c), which
incorporate amendments made to 7 DE Admin. Code 1124 Section 33.0, will
lower VOC concentration in solvent cleaning machines operated in
Delaware and aid in reducing VOC emissions. These emissions are a cause
of ground level ozone and reducing them will help Delaware and the
surroundings areas to attain the ozone NAAQS. EPA has determined that
this SIP revision meets the requirements of the CAA. Therefore, EPA is
proposing to approve the October 13, 2021, SIP revision which sets
limits on the VOC concentration of solvents that apply to all owners or
operators of a solvent cleaning machines in Delaware. EPA is soliciting
public comment on the issues discussed in this document. These comments
will be considered before taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Delaware's Solvent Cleaning and Drying requirements as
described in 7 DE Admin. Code 1124, Control of Volatile Organic
Compound Emissions, see sections II and III of this document. EPA has
made, and will continue to make, these materials generally available
through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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:
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 regarding VOC content used during
solvent cleaning and drying in Delaware, 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
[[Page 38046]]
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Environmental protection, Ozone, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-13661 Filed 6-24-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 27, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.