Rule2026-07885
Air Plan Approval; Virginia; Revision to the Regulatory Definition of Volatile Organic Compound
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
April 23, 2026
Effective
May 26, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision (Revision A23) submitted by the Commonwealth of Virginia. This revision amends 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 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Rules and Regulations]
[Pages 21726-21728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07885]
[[Page 21726]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0225; FRL-12836-02-R3]
Air Plan Approval; Virginia; Revision to the Regulatory
Definition of Volatile Organic Compound
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 (Revision A23) submitted by the
Commonwealth of Virginia. This revision amends 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: This final rule is effective on May 26, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-0225. 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: Sarah McCabe, Planning &
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#1e737d7d7f7c7b306d7f6c7f765e7b6e7f30797168"><span class="__cf_email__" data-cfemail="640907070506014a170516050c240114054a030b12">[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
updates 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 final rule updating the EPA's
regulatory definition of VOC in 40 CFR 51.100(s) (88 FR 8226). The
EPA's rulemaking added HFO-1336mzz(E) to the list of compounds excluded
from the EPA's regulatory definition of VOC.
I. Background
On September 25, 2025, the EPA published a notice of proposed
rulemaking (NPRM) proposing approval of Revision A23 into Virginia's
SIP.\1\ Revision A23 amends the definition of VOC in the VAC to align
with the EPA's regulatory definition of VOC in 40 CFR 51.100(s) by
adding 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. For additional
background information on this action, please refer to the NPRM.
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\1\ 90 FR 46121 (September 25, 2025).
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II. Summary of SIP Revision and EPA Analysis
In this action, the EPA is approving Virginia's amendment to the
definition of VOC in 9 VAC 5-10-20. Revision A23 aligns with the EPA's
regulatory changes to the definition of VOC in 40 CFR 51.100(s) and is
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.\2\ 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).
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\2\ 88 FR 8226 (February 8, 2023).
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Other specific requirements of Revision A23 and the rationale for
the EPA's proposed action are explained in the NPRM and will not be
restated here. A summary of the comments received, as well as the EPA's
response, are in section III of this rulemaking.
III. EPA's Response to Comments Received
The EPA's September 25, 2025 NPRM opened a thirty-day comment
period, which closed on October 27, 2025.\3\ The EPA received comments
from one commenter. All comments received have been placed in the
docket for this action.
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\3\ 90 FR 46121 (September 25, 2025).
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A summary of the relevant comments and the EPA's response thereto
are listed below.
Comment 1: The commenter accused the EPA of not adhering to the
following statutory requirements: the Unfunded Mandates Reform Act
(UMRA) and the Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act (RFA/SBREFA).
Response 1: With regard to the UMRA, the EPA complied because this
action does not contain any unfunded mandate nor significantly or
uniquely affect small governments, as described in UMRA. This rule will
not result in expenditures of $100M+, and therefore the Agency does not
need to complete a statement under 2 U.S.C. 1532. The regulatory
analysis provisions of the RFA/SBREFA are only triggered by a threshold
determination by the Agency that this rule will have a significant
economic impact on a substantial number of small entities. The Agency
has certified that this rule will not have a significant economic
impact on a substantial number of small entities, therefore section 603
and 604 of the RFA do not apply to this rulemaking. 5 U.S.C. 605(b).
Comment 2: The record lacks a Clean Air Act section 110(l)
noninterference analysis tailored to Virginia's ozone areas and
PM<INF>2.5</INF> areas through secondary organic aerosol (SOA)
formation.
Response 2: The EPA disagrees with the comment. The EPA's finding
of negligible contribution means this action will not interfere with
attainment. Additional information supporting the EPA's CAA section
110(l) analysis can be found in the docket for the EPA's February 8,
2023 rulemaking. See docket ID EPA-HQ-OAR-2021-0420.
This action aligns the regulatory definition of VOC in the VAC to
the EPA's regulatory definition of VOC in 40 CFR 51.100(s) to exclude
HFO-1336mzz(E). On February 8, 2023 the EPA finalized the determination
that this compound makes a negligible contribution to tropospheric
ozone formation (88 FR 8226). As such, the exclusion of this compound
in the VAC is in accordance with CAA section 110(l).
[[Page 21727]]
Additionally, as stated in the EPA's 2023 exemption determination,
the EPA has recognized that there are existing regulatory or non-
regulatory programs that are specifically designed to address
PM<INF>2.5</INF> formation, and the EPA continues to recognize in
general that the impacts of VOC exemptions on environmental endpoints
other than ozone formation can be adequately addressed by these
programs. The VOC exemption policy is intended to facilitate attainment
of the ozone NAAQS and VOC exemption decisions will continue to be
based primarily on consideration of a compound's contribution to ozone
formation. However, if the EPA determines that a particular VOC
exemption is likely to result in a significant increase in the use of a
compound and that the increased use would pose a significant risk to
human health or the environment that would not be addressed adequately
by existing programs or policies, then the EPA may exercise its
judgment accordingly in deciding whether to grant an exemption.
Comment 3: The commenter asks the EPA to identify the VAC
provisions being incorporated by reference, including citation, title,
and state effective date, and confirm reasonable availability
consistent with 1 CFR 51.5. The commenter asks the EPA to include the
following in the docket: the Virginia regulatory text as adopted by the
state with effective date(s), a side-by-side comparison against the
SIP-approved version to show what is changing, and confirmation of
public availability.
Response 3: The EPA acknowledges the requirements addressed by this
comment and notes that the required documentation was previously
provided in the docket, and the EPA continues to make the materials
available online.
In accordance with the requirements of 1 CFR 51.5, all the
requested documentation was provided at the time of proposal. See
docket ID EPA-R03-OAR-2025-0225. Additionally, the EPA is incorporating
by reference the revisions to Virginia Administrative Code 9 VAC 5-10-
20 as described in the NPRM and 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).
IV. Final Action
The EPA is approving 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.
V. 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 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.
VI. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the definition of VOC in 9 VAC 5-10-20 as discussed in
section II of this preamble. 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). Therefore, these materials have been approved by the
EPA for inclusion in the SIP, have been incorporated by reference by
the 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 the EPA's approval, and will be
[[Page 21728]]
incorporated by reference in the next update to the SIP compilation.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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VII. 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 an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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 the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 22, 2026. 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 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, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Amy Van Blarcom-Lackey,
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 VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (c) is amended by adding
the entry ``Section 5-10-20'' after the entry for ``Section 5-10-20''
(with the state effective day of 5/19/17) to read as follows:
Sec. 52.2420 Identification of plan.
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(c) * * *
EPA--Approved Virginia Regulations and Statutes
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State
State citation Title/subject effective EPA approval date Explanation [former
date SIP citation]
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9 VAC 5, Chapter 10 General Definitions [Part I]
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5-10-20................... Terms Defined............. 04/11/24 4/23/2026, 90 FR Definition of
[INSERT FEDERAL ``volatile organic
REGISTER PAGE WHERE compound'' is
THE DOCUMENT BEGINS]. revised by adding
trans-1,1,1,4,4,4-
hexafluorobut-2-ene
(also known as HFO-
1336mzz(E)) to the
list of compounds
excluded from the
regulatory
definition of VOC.
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[FR Doc. 2026-07885 Filed 4-22-26; 8:45 am]
BILLING CODE 6560-50-P
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