[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Rules and Regulations]
[Pages 12085-12087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5663]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE041-1019a; FRL-6238-7]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Definitions of VOCs and Exempt Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Delaware State Implementation Plan (SIP). The revisions consist of
amendments to the definitions of the terms ``volatile organic
compounds'' (VOCs), and ``exempt compounds.'' EPA is approving these
revisions because they make Delaware's definitions consistent with the
federal definition of VOCs.
DATES: This rule is effective on May 10, 1999 without further notice,
unless EPA receives adverse written comment by April 12, 1999. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Written comments should be mailed to David L. Arnold, Chief,
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103; and Delaware
Department of Natural Resources & Environmental Control, 89 Kings
Highway, Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epamail.epa.gov. While information may be obtained
via e-mail, comments must be submitted in writing in accordance with
the procedures provided above.
SUPPLEMENTARY INFORMATION:
I. Background
On December 28, 1998, the State of Delaware submitted formal
revisions to its SIP. The revisions consist of amending the SIP's
definitions of the terms ``VOCs'' and ``exempt compounds'' to be
consistent with the federal definition of VOC found at 40 CFR 51.100
(s)(1).
II. Summary of SIP Revision
Delaware REGULATION 1--DEFINITIONS AND ADMINISTRATIVE PRINCIPLES,
Section 2--Definitions, * * * VOLATILE ORGANIC COMPOUNDS is amended by
adding twenty-four additional organic compounds to the list of
compounds exempted from the definition of VOCs because those compounds
have been determined to be of negligible photochemical reactivity.
Regulation 24--CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS, Section
2--Definitions,* * * s. ``Exempt Compounds'' is amended to reference
the list of negligibly photochemically reactive compounds found in
REGULATION 1. The revisions to these Delaware regulations is approvable
because these compounds have been determined by the Environmental
Protection Agency to have negligible photochemical reactivity and
therefore do not participate in chemical reactions that contribute to
the formation of ozone, commonly referred to as smog.
The following are the twenty-four organic compounds that have been
added to Delaware's list of compounds exempt from the definition of
VOCs in accordance with 40 CFR 51.100(s)(1):
1. Parachlorobenzotrifluoride (PCBTF),
2. Cyclic, branched, or linear completely methylated siloxanes,
3. Acetone,
4. Perchloroethylene (tetrachloroethylene),
5. HCFC-225ca (3, 3-dichloro-1, 1, 1, 2, 2-pentafluoropropane),
6. HCFC-225cb (1, 3-dichloro-1, 1, 2, 2, 3-pentaflouropropane),
7. HFC-43-10mee (1, 1, 1, 2, 3, 4, 4, 5, 5, 5-decafluoropentane),
8. HFC-32 (difluoromethane),
9. HFC-161 (ethylfluoride),
10. HFC-236fa (1, 1, 1, 3, 3, 3-hexafluoropropane),
11. HFC-245ca (1, 1, 2, 2, 3-pentafluoropropane),
12. HFC-245ea (1, 1, 2, 3, 3-pentafluoropropane),
13. HFC-245eb (1, 1, 1, 2, 3-pentafluoropropane),
14. HFC-245fa (1, 1, 1, 3, 3-pentafluoropropane),
15. HFC-236ea (1, 1, 1, 2, 3, 3-hexafluoropropane),
16. HFC-365mfc (1, 1, 1, 3, 3-pentafluorobutane),
17. HCFC-31 (chlorofluoromethane),
18. HCFC-151a (1-chloro-1-fluoroethane),
19. HCFC-123a (1, 2-dichloro-1, 1, 2-trifluoroethane),
20. 1, 1, 1, 2, 2, 3, 3, 4, 4-nonafluoro-4-methoxy-butane
(C4F9OCH3),
21. 2-(difluoromethoxymethyl)-1, 1, 1, 2, 3, 3, 3-heptafluoropropane
((CF3)2CFCF2OCH3),
22. 1-ethoxy-1, 1, 2, 2, 3, 3, 4, 4, 4-nonafluorobutane
(C4F9OC2H5),
23. 2-(ethoxydifluoromethyl)-1, 1, 1, 2, 3, 3-heptafluoropropane
((CF3)2CFCF2OC2H5
), and
24. Methyl acetate.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on May 10, 1999 without further
notice unless EPA receives
[[Page 12086]]
adverse comment by April 12, 1999. If EPA receives adverse comment, EPA
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
III. Final Action
EPA is approving the SIP revisions submitted on December 28, 1998
by the Delaware Department of Natural Resources and Environmental
Control to amend REGULATION 1--DEFINITIONS AND ADMINISTRATIVE
PRINCIPLES, Section 2-Definitions, * * * VOLATILE ORGANIC COMPOUNDS and
REGULATION 24--CONTROL OF VOLATILE ORGANIC COMPOUNDS, Section 2--
Definitions,* * * s. ``Exempt compounds.''
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. requires EPA to
provide OMB a description of the extent of EPA's prior consultation
with representatives of affected state, local, and tribal governments,
the nature of their concerns, copies of written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, E.O. 12875 requires EPA to develop an
effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that the EPA determines (1) is ``economically
significant,'' as defined under E.O. 12866, and (2) the environmental
health or safety risk addressed by the rule has a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency. This final rule is not subject
to E.O. 13045 because it is not an economically significant regulatory
action as defined by E.O. 12866, and it does not address an
environmental health or safety risk that would have a disproportionate
effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, E.O. 13084 requires EPA to provide to OMB, in a separately
identified section of the preamble to the rule, a description of the
extent of EPA's prior consultation with representatives of affected
tribal governments, a summary of the nature of their concerns, and a
statement supporting the need to issue the regulation. In addition,
E.O. 13084 requires EPA to develop an effective process permitting
elected and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.'' Today's rule does not significantly or uniquely affect
the communities of Indian tribal governments. This action does not
involve or impose any requirements that affect Indian Tribes.
Accordingly, the requirements of section 3(b) of E.O. 13084 do not
apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. EPA has determined that
the approval action promulgated does not include a Federal mandate that
may result in estimated annual costs of $100 million or more to either
State, local, or tribal governments in the aggregate, or to the private
sector. This Federal action approves pre-existing requirements under
State or local law, and imposes no new requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
[[Page 12087]]
G. 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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action approving Delaware's definitions of VOCs
and exempted compounds must be filed in the United States Court of
Appeals for the appropriate circuit by May 10, 1999. Filing a petition
for reconsideration by the Administrator of this final rule does not
affect the finality of this rule 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, Ozone, Volatile
organic compounds.
Dated: February 25, 1999.
Thomas J. Maslany,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
2. In Sec. 52.420, the entry for Regulation 1, Section 2; and
Regulation 24, Section 2 in the ``EPA-Approved Regulations in the
Delaware SIP'' table in paragraph (c) is revised to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Regulations in the Delaware SIP
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State
State citation Title/subject effective EPA Approval date Comments
date
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Regulation 1 Definitions and Administrative Principles
* * * * *
Section 2........................ Definitions......... 10/11/98 3/11/99 64 FR 12087. Some terms not in
SIP due to subject
matter.
* * * * *
Regulation 24 Control of Volatile Organic Compound Emissions
* * * * *
Section 2........................ Definitions......... 10/11/98 3/11/99 64 FR 12087. The revised
definition of
``Exempt
compounds''.
* * * * *
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[FR Doc. 99-5663 Filed 3-10-99; 8:45 am]
BILLING CODE 6560-50-P
