Proposed Rule2025-18635
Air Plan Approval; Virginia; Revision to the Regulatory Definition of Volatile Organic Compound
Primary source
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Published
September 25, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision (Revision A23) submitted by the Commonwealth of Virginia. This revision pertains to an amendment made to the definition of volatile organic compound (VOC) in the Virginia Administrative Code (VAC) to align with the EPA's regulatory definition of VOC. The EPA is approving this revision to update the definition of VOC in the Virginia SIP.
Full Text
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<title>Federal Register, Volume 90 Issue 184 (Thursday, September 25, 2025)</title>
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[Federal Register Volume 90, Number 184 (Thursday, September 25, 2025)]
[Proposed Rules]
[Pages 46121-46123]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18635]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0225; FRL-12836-01-R3]
Air Plan Approval; Virginia; Revision to the Regulatory
Definition of Volatile Organic Compound
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 (Revision A23)
submitted by the Commonwealth of Virginia. This revision pertains to an
amendment made to the definition of volatile organic compound (VOC) in
the Virginia Administrative Code (VAC) to align with the EPA's
regulatory definition of VOC. The EPA is approving this revision to
update the definition of VOC in the Virginia SIP.
DATES: Written comments must be received on or before October 27, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0225 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#1d7a726f79727333707476785d786d7c337a726b"><span class="__cf_email__" data-cfemail="dabdb5a8beb5b4f4b7b3b1bf9abfaabbf4bdb5ac">[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, the 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. The 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="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Sarah McCabe, Planning &
[[Page 46122]]
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-5786. Ms. McCabe can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#650806060407004b160417040d250015044b020a13"><span class="__cf_email__" data-cfemail="701d13131112155e0311021118301500115e171f06">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 20, 2024, the Commonwealth of
Virginia, through the Virginia Department of Environmental Quality
(VADEQ), submitted a revision to its SIP (Revision A23). Revision A23
requests to update the definition of VOC in the Virginia SIP (9 VAC 5-
10-20 (General Definitions)). Specifically, this amendment adds trans-
1,1,1,4,4,4-hexafluorobut-2-ene (also known as and hereafter referred
to as HFO-1336mzz(E); Chemical Abstracts Service [CAS] number: 66711-
86-2) as a compound excluded from the regulatory definition of VOC to
align with the EPA's February 8, 2023 (88 FR 8226) final rule updating
the EPA's regulatory definition of VOC in 40 CFR 51.100(s). The EPA's
rulemaking added HFO-1336mzz(E) to the list of compounds excluded from
the EPA's regulatory definition of VOC.
I. Background
VOCs are organic compounds of carbon that, in the presence of
sunlight, react with sources of oxygen molecules, such as nitrogen
oxides (NO<INF>X</INF>) 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 the 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 the EPA has the authority to
define the meaning of VOC and what compounds shall be treated as VOCs
for regulatory purposes. It is the 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. The
regulatory definition of VOC as well as a list of compounds that are
designated by the EPA as negligibly reactive can be found at 40 CFR
51.100(s).
Virginia has amended the definition of VOC to match EPA actions
multiple times in their SIP. On August 1, 2016, EPA promulgated a final
rule revising the regulatory definition of VOC in 40 CFR 51.100(s) to
add HFE-347pcf2 to the list of compounds excluded from the regulatory
definition of VOC (81 FR 50330). This action was based on the EPA's
consideration of the compound's negligible reactivity and low
contribution to ozone as well as the low likelihood of risk to human
health or the environment. The EPA's rationale for this action is
explained in more detail in the final rule for this action. See 81 FR
50330 (August 1, 2016). On March 13, 2018, the EPA approved revisions
to the Virginia SIP, excluding HFE-347pcf2 from the regulatory
definition of VOC and removing recordkeeping and reporting requirements
for t-butyl acetate. These revisions matched actions EPA had previously
taken. See 83 FR 10788.
On November 30, 2016, the Chemours Company submitted a petition to
the EPA requesting that trans-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-
1336mzz(E)) be exempted from the Federal regulatory definition of VOC.
If it can be demonstrated that a particular VOC is ``negligibly
reactive'' that is, if it can be shown that a VOC is not as reactive
and therefore does not have a significant effect on ground-level
(tropospheric) or upper-level (stratospheric) ozone, then the EPA may
remove that compound from the definition of VOC. The petition was based
on the argument that HFO-1336mzz(E) has low reactivity and may be used
in a variety of applications in foam expansion or blowing agents where
it has significant performance and energy-saving advantages.
After scientific review and public comment, the EPA took final
action on February 8, 2023, to respond to the petition by exempting
HFO-1336mzz(E) from the Federal regulatory definition of VOC in 40 CFR
51.100(s) (88 FR 8226, February 8, 2023). This action was based on
consideration of the compound's low contribution to tropospheric ozone
and the low likelihood of risk to human health or the environment,
including stratospheric ozone depletion and toxicity. This delisting
became effective on April 10, 2023.
II. Summary of SIP Revision and EPA Analysis
On December 20, 2024, VADEQ submitted Revision A23, a SIP revision
amending the definition of VOC in 9 VAC 5-10-20 (General Definitions).
VADEQ submitted this revision to align with the EPA's current
regulatory definition of VOC in 40 CFR 51.100(s) and add HFO-1336mzz(E)
to the list of compounds excluded from the regulatory definition of
VOC. The Virginia State Air Pollution Control Board adopted the
revision on September 13, 2023, the revision was published in the
Virginia Register of Regulations on February 26, 2024, and the revision
became effective on April 11, 2024.
In this action, the EPA is proposing that Virginia's amendment to
the definition of VOC in 9 VAC 5-10-20 is in accordance with the EPA's
regulatory changes to the definition of VOC in 40 CFR 51.100(s) and are
therefore approvable for the Virginia SIP in accordance with CAA
section 110. On February 8, 2023, the EPA made the determination that
HFO-1336mzz(E) is of negligible reactivity and therefore has low
contributions to tropospheric ozone as well as a low likelihood of risk
to public health or the environment (88 FR 8226). Removing this
compound from the definition of VOC in the Virginia SIP will not
interfere with attainment of any NAAQS, reasonable further progress, or
any other requirement of the CAA, as explained in EPA's rationale in
the final rule for that action (88 FR 8226, February 8, 2023). The
addition of HFO-1336mzz(E) to the list of compounds excluded from the
regulatory definition of VOC is in accordance with CAA section 110(l).
III. Proposed Action
The EPA is proposing to approve Revision A23, submitted on December
20, 2024 by VADEQ, as a revision to the Virginia SIP, because the
submission meets the requirements of CAA section 110. Revision A23 adds
HFO-1336mzz(E) to the list of compounds excluded from the regulatory
definition of VOC in 9 VAC 5-10-20. The EPA is soliciting public
comments on the issues discussed in this proposed rulemaking. These
comments will be considered before taking final action.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the
[[Page 46123]]
privilege is claimed. Virginia's legislation also provides, subject to
certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations. Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment. The Privilege Law does not extend to
documents or information that: (1) are generated or developed before
the commencement of a voluntary environmental assessment; (2) are
prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, the EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
the EPA has also determined that a state audit privilege and immunity
law can affect only state enforcement and cannot have any impact on
Federal enforcement authorities, the EPA may at any time invoke its
authority under the CAA, including, for example, sections 113, 167,
205, 211 or 213, to enforce the requirements or prohibitions of the
state plan, independently of any state enforcement effort. In addition,
citizen enforcement under section 304 of the CAA is likewise unaffected
by this, or any, state audit privilege or immunity law.
V. Incorporation by Reference
In this document, the 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, the EPA is proposing to
incorporate by reference the revisions to Virginia Administrative Code
9 VAC 5-10-20 as described in section II of this document. The 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).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rulemaking does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-18635 Filed 9-24-25; 8:45 am]
BILLING CODE 6560-50-P
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