Rule2022-21254
Air Plan Approval; Delaware; Control of Volatile Organic Compound 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
October 4, 2022
Effective
November 3, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Delaware. These revisions pertain to the reduction of volatile organic compounds (VOC) emissions from cold solvent cleaning operations. EPA is approving these revisions to the Delaware SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 191 (Tuesday, October 4, 2022)</title>
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[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Rules and Regulations]
[Pages 60102-60104]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21254]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0944; FRL-9174-02-R3]
Air Plan Approval; Delaware; Control of Volatile Organic Compound
Emissions From Solvent Cleaning and Drying
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Delaware.
These revisions pertain to the reduction of volatile organic compounds
(VOC) emissions from cold solvent cleaning operations. EPA is approving
these revisions to the Delaware SIP in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This final rule is effective on November 3, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0944. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Mallory Moser, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, 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#7b3614081e0955361a17171409023b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="6e23011d0b1c40230f0202011c172e0b1e0f40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 27, 2022 (87 FR 38044), EPA published a notice of proposed
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed
approval of a SIP revision that updates the solvent cleaning control
requirements based upon the 2012 Ozone Transport Commission (OTC) Model
Rule. The SIP revision was submitted by Delaware on October 13, 2021,
requesting that EPA incorporate the Department of Natural Resources and
Environmental Control's (DNREC's) revisions to Title 7 of Delaware's
Administrative Code (7 DE Admin. Code) 1124 Section 33.0--Solvent
Cleaning and Drying into the Delaware SIP (Section 33.0). In response
to the NPRM, EPA received one comment on its June 27, 2022, proposed
rulemaking, which is addressed below.
II. Summary of SIP Revision and EPA Analysis
The SIP revision consists of an amendment to Section 33.0.
Specifically, the amendment updates the solvent cleaning control
requirements based upon the 2012 Ozone Transport Commission 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 that basis for the version of 7 DE Admin. Code 1124,
Control of Volatile Organic Compound Emissions, Section 33.0--Solvent
Cleaning and Drying that were previously approved in the 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. The provisions set forth in Section 33.0, which is
based on the 2012 Model Rule, are more stringent than those previously
included in the Delaware SIP and form the basis of the regulation we
are approving to include in the Delaware SIP in this rule. For
instance, the provisions eliminate 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. The provisions
also reduce the solvent VOC concentration from 100 percent to 25 grams
per liter of non-VOC solution for most applications.
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\1\ See 67 FR 70315 (November 22, 2002).
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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
because 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). Delaware is
amending its SIP to add Section 33.0.
III. EPA's Response to Comments Received
EPA provided a 30-day review and comment period for this action in
the Proposal. The comment period ended on July 27, 2022. EPA received
one comment, which is summarized and addressed below.
Comment: The comment requests additional background on the
development and interpretation of the ``Federal'' 2012 OTC model rule
in the context of the commenter seeking advice with regard to acquiring
a piece of equipment. In addition, the commenter claims there could be
an economic impact to businesses if affected devices cannot efficiently
operate at the 25 grams per liter criteria set forth in the rule. The
commenter speculates using a solvent solution with lower VOC could lead
to longer run time of the cleaning devices, which may
[[Page 60103]]
result in an increase of fugitive emissions. The commenter asks if EPA
has certified that the rule does not have a Significant Economic Impact
on a Substantial Number of Small Entities (SISNOSE) and if so, if that
certification is based on studies that evaluated how effective or
ineffective the reduced VOC solution will be for the purposes it is
used for (i.e. parts cleaning).
Response: Initially, the comment is incorrect that the OTC model
rule is a Federal rule. As explained by the OTC, the OTC model rules
and programs are developed by the OTC (not EPA) and are not effective
in an individual state until ``taken by the individual states through
their own rule adoption processes conforming to their state's
requirements.'' \2\
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\2\ See <a href="http://otcair.org/OTC_process.asp">otcair.org/OTC_process.asp</a>.
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The technical issues raised by the commenter raise issues that
appear to be unique to the commenter's specific interest of how the
rule will apply to its acquiring and operating a parts cleaner, are not
relevant to EPA's approval of Section 33.0 as being more stringent than
solvent cleaning rules in the current Delaware SIP. EPA therefore does
not consider these to be significant adverse comments on this action
and consequently EPA will not be responding to the technical
implementation questions in this rule. The commenter's request for
SISNOSE information is also not relevant because neither the
promulgation of Section 33.0, nor the development of the 2012 Model
Rule by the OTC was a Federal rule. Because the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., only applies to Federal rulemakings, neither
the OTC or the state of Delaware were required to prepare a SISNOSE for
either promulgation of Section 33.0 or the 2012 Model Rule.\3\ EPA does
not need to prepare a SISNOSE for this rule, because the rule will not
have a significant economic impact on a substantial number of small
entities since this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
already imposed by state law.
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\3\ EPA's approval of Section 33.0 as a revision to the SIP is a
Federal rulemaking, however, a SIP approval merely approves state
law as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law, which does not
trigger obligations under the Regulatory Flexibility Act.
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The commenter, while not asserting that EPA should disapprove
Section 33.0 as a SIP revision, does however assert that they ``have
been told that in some types of solvent solutions, too low of a VOC
will lead to poor results regardless of how long the batch is run for.
Even if extended operations of degreasers/parts cleaners can be equally
effective, it does raise the question in my mind that businesses may
end up generating more fugitive emissions by nature of the prolonged
device operations (?).'' The commenter does not offer any factual
support for, or data to back up an increase of fugitive emissions or
indicate a baseline from which the commenter believes a baseline should
be measured. Additionally, the commenter does not indicate that the
40.87 tons/year emission reduction calculated by Delaware, and included
in the docket for this rule, are incorrect or that Section 33.0 would
be less stringent than the rule in the current Delaware SIP.\4\
Comments, that are no more than broad assertions that an agency ``got
it wrong,'' do not provide a basis for EPA to change its decision. See,
e.g., International Fabricare Institute v. E.P.A., 972 F.2d 384 (D.C.
Cir. 1992). Therefore, this comment provides no basis for EPA to change
its decision that Section 33.0 is an approvable revision to the
Delaware SIP.\5\
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\4\ See the Department Response to Comment 3 in Delaware's
Technical Response Memorandum for more information on Delaware's
emissions reduction calculation.
\5\ EPA nevertheless notes that if equipment cannot efficiently
operate at the VOC content criteria included in DE's SIP revision, a
higher VOC content concentration for cleaning solution may be used
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. See 7 DE Admin Code 1124 Section 33.3.7.3. Therefore, the
operator has the option to use lower VOC content cleaning solutions
or deploy appropriate control devices. There are several low-VOC
solvent studies referenced in Delaware's technical support document,
which can be found in the docket for this rule. These studies
identify low VOC solvent alternatives that performed effectively for
various industries and were cost effective.
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IV. Final Action
EPA is approving, as a revision, the State of Delaware's October
13, 2021, SIP submittal reducing VOC emissions from cold solvent
cleaning operations.
V. 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 Delaware's
solvent cleaning and drying regulation, described in 7 DE Admin. Code
1124 Section 33.0. EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">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). 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.\6\
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\6\ 62 FR 27968 (May 22, 1997).
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VI. 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:
<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
[[Page 60104]]
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 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 December 5, 2022. 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, which pertains to the reduction of VOC emissions
from cold solvent cleaning operations in Delaware, 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, Ozone, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 by revising
the entry for ``Section 33.0'' to read as follows:
Sec. 52.420 Identification of plan.
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(c) * * *
EPA-Approved Regulations and Statutes in the Delaware SIP
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State regulation (7 DNREC State EPA approval
1100) Title/subject effective date date Additional explanation
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1124 Control of Volatile Organic Compound Emissions
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Section 33.0.................. Solvent Metal 08/11/2021 October 4, 2022, ...........................
Cleaning and [INSERT FEDERAL
Drying. REGISTER
CITATION].
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[FR Doc. 2022-21254 Filed 10-3-22; 8:45 am]
BILLING CODE 6560-50-P
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