[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21707-21713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10817]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE-16-1-5887a, DE20-1-6548a; FRL-5180-5]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware: Regulation 24--Control of Volatile Organic Compound Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware on January 11, 1993 and January 20,
1994. The revision pertains to Delaware Regulation 24--``Control of
Volatile Organic Compound Emissions'', sections 1 to 9, 13 to 35, 37 to
43, and Appendices A to H. These sections of Regulation 24 establish
emission standards that represent the application of reasonably
available control technology (RACT) to categories of stationary sources
of volatile organic compounds (VOCs), and establish associated testing,
monitoring, recordkeeping, compliance certification, and permit
requirements. This revision was submitted to comply with the RACT
``Catch-up'' provisions of the Clean Air Act Amendments of 1990 (CAAA).
This action is being taken [[Page 21708]] under section 110 of the
Clean Air Act (CAA).
DATES: This final rule is effective July 3, 1995 unless notice is
received on or before June 2, 1995 that adverse or critical comments
will be submitted. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460; and the
Delaware Department of Natural Resources & Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 597-3164, at the
EPA Region III address.
SUPPLEMENTARY INFORMATION: On January 11, 1993, the Delaware Department
of Natural Resources & Environmental Control (DNREC) submitted several
revisions to its SIP. One of those revisions to the SIP is to establish
statewide applicability for Delaware's VOC RACT regulations. The VOC
RACT-related revisions were submitted to comply with the RACT ``Catch-
up'' provisions of the CAA. This revision consists of amendments to
Delaware's Regulation 24, ``Control of Volatile Organic Compound
Emissions'', adopted in accordance with the recommendations made by EPA
VOC RACT Model Rules, June 1992. This revision requires and establishes
RACT to control VOC emissions from twenty-nine (29) control technique
guideline (CTG) source categories (sections 13 to 42 of Regulation 24)
and a section which applies to all major VOC sources not covered by a
CTG (section 43 of Regulation 24 which applies to non-CTG sources).
This regulation replaces and supersedes in its entirety Regulation 24,
``Control of VOC Emissions'', dated July 3, 1990. The other SIP
revisions submitted on January 11, 1993 are the subject of separate
rulemaking notices.
On January 20, 1994, Delaware DNREC submitted an amended VOC RACT
regulation: Regulation 24, Section 43, entitled, ``Other Facilities
that Emit VOCs''. This submittal replaces and supersedes Regulation 24,
Section 43 submitted on January 11, 1993.
This action concerns only sections 1 to 9, 13 to 35, 37 to 42,
parts of section 43, and Appendices A to H of Regulation 24. Sections
43(a)(5) and 43(b)(3) of the January 20, 1994 submittal are the subject
of separate rulemaking.
I. Background
Section 182(b)(2) of the CAA requires States to adopt RACT rules
for all areas designated nonattainment for ozone and classified as
moderate or above. Section 182(b)(2) requires the state to submit a
RACT SIP revision for each of the following categories of sources: (1)
Sources covered by an existing CTG (i.e., a CTG issued prior to the
enactment of the Amendments), (2) sources covered by a post-enactment
CTG, and (3) all major sources not covered by a CTG. This RACT
requirement makes nonattainment areas that previously were exempt from
RACT requirements ``catch-up'' to those nonattainment areas that became
subject to those requirements during an earlier period, and therefore
is known as the RACT Catch-up requirement. In addition, it requires
newly designated ozone nonattainment areas to adopt RACT rules
consistent with those previously designated nonattainment areas.
The entire State of Delaware (Kent, New Castle, and Sussex
Counties), is located in the ozone transport region (OTR) that was
statutorily created by section 184 of the CAA. As such, Delaware was
required to adopt RACT rules for all CTG and non-CTG sources throughout
the State by November 15, 1992. Therefore, under the RACT Catch-up
provision of section 182(b)(2), Delaware was required to submit RACT
rules for Kent, New Castle, and Sussex Counties for sources covered by
pre-enactment CTGs; to adopt RACT for all sources covered by a post-
enactment CTG; and to submit non-CTG rules for all remaining major
stationary sources having the potential to emit 25 TPY in Kent and New
Castle Counties and 50 TPY of VOC in Sussex County.
In summary, to fully comply with the RACT Catch-up provisions of
the CAA, Delaware is required to expand its RACT regulations to
statewide. It must adopt all RACT regulations for all CTG sources and
all major non-CTG VOC sources (VOC sources with the potential to emit
25 TPY in Kent and New Castle Counties nonattainment area and 50 TPY in
Sussex County) throughout the State. Delaware must require sources to
comply with these provisions as expeditiously as possible, but no later
than May 31, 1995. In the case of RACT rules adopted pursuant to a
post-enactment CTG, Delaware would need to establish a compliance date
consistent with that set forth in the CTG or a related document.
II. EPA Evaluation and Action
VOCs contribute to the production of ground level ozone and smog.
These rules were adopted as part of an effort to achieve the National
Ambient Air Quality Standard (NAAQS) for ozone. The following is EPA's
evaluation of and action on sections 1 to 9, 13 to 35, 37 to 42, parts
of 43, and appendices A to H of Regulation 24, for the State of
Delaware. Detailed descriptions of the amendments addressed in this
document, and EPA's evaluation of the amendments, are contained in the
technical support document (TSD) prepared for these rulemaking actions
by EPA. Copies of the TSD are available from the EPA Regional office
listed in the ADDRESSES section of this document.
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAAA and EPA
regulations, as found in section 110 and Part D of the CAAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for this action, appears in various EPA policy
guidance documents. For the purpose of assisting State and local
agencies in developing RACT rules, EPA prepared a series of CTG
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for RACT for specific source
categories. The CTGs applicable to sections 13 to 35, 37 to 42, of
Regulation 24 are entitled, Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles and Light Duty Trucks, EPA-450/2-77-008, May 1977;
Surface Coating of Metal Furniture, EPA-450/2-77-032, December 1977;
Surface Coating of Large Appliances, EPA-450/2-77-034, December 1977;
Surface Coating for Insulation of Magnet Wire, EPA-450/2-77-033,
December 1977; Surface Coating of Miscellaneous Parts and Products,
EPA-450/2-78-015, June 1978; Bulk Gasoline Plants, EPA-450/2-77-035,
December 1977; Tank Truck Loading Terminals, EPA-450/2-77-026, December
1977; Design Criteria Document--Gasoline Dispensing Facilities--Stage
I, November 1975; Leaks from Gasoline Tank Trucks and Vapor Collection
Systems, EPA-450/2- [[Page 21709]] 78-051, December 1978; Refinery
Vacuum Producing Systems, Wastewater Separators and Process
Turnarounds, EPA-450/2-77-025, October 1977; Petroleum Refinery
Equipment, EPA-450/2-78-036, June 1978; Petroleum Liquid Storage in
External Floating Roof Tanks, EPA-450/2-78-047, December 1978; Storage
of Petroleum Liquids in Fixed Roof Tanks, EPA-450/2-77-036, December
1977; Leaks from Natural Gas/Gasoline Processing Plants, EPA-450/3-83-
007, December 1983; Cutback Asphalt, EPA-450/2-77-037, December 1977;
Perchloroethylene Dry Cleaning Systems, EPA-450/2-78-050, December
1978; Air Oxidation Processes in the Synthetic Organic Chemical
Manufacturing Industry, EPA-450/2-83-006, March 1984. EPA has not yet
developed CTGs to cover all sources of VOC emissions. Further
interpretations of EPA policy are found in those portions of the
proposed Post-1987 ozone and carbon monoxide policy that concern RACT,
52 FR 45044 (November 24, 1987) and ``Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations, Clarification to Appendix D of
November 24, 1987 Federal Register Notice'' (Blue Book) (notice of
availability was published in the Federal Register on May 25, 1988). In
general, these guidance documents are designed to ensure that VOC rules
are fully enforceable and to strengthen the SIP.
State Submittal: Sections 1 through 9 of Regulation 24 include
general applicability, monitoring, recordkeeping, compliance
certification, and permit requirements and include definitions and
other provisions common to more than one section. Regulation 24 applies
to sources located in the entire state of Delaware. Sources that exceed
any applicability threshold of Regulation 24 remain subject to the
provisions even if the source's throughput or emissions later fall
below the applicability threshold. Alternative control plans must be
approved by the Department and the U.S. EPA. By November 15, 1993,
owners or operators of sources claiming exemption from the surface
coating provisions of sections 13 to 22 must certify to the Department
that they are exempt and after November 15, 1993 are required to keep
daily records documenting the daily VOC emissions and are required to
report to the Department if any combined daily VOC emissions exceed 6.8
kg (15 lb). By November 15, 1993 owners or operators of sources subject
to the surface coating provisions of sections 13 to 22 must certify to
the Department the method of compliance--complying coatings, daily
weighted averaging, or control devices--to be used for each affected
coating line or operation and are required to keep daily records
demonstrating compliance and to report any excess emissions. By
November 15, 1993 owners and operators of sources subject to the
provisions of sections 23 to 43 must certify to the Department the
method of compliance--control system equipment specification, leak
detection and repair, coating formulation, work practice, etc.--to be
used and are required to keep records for control devices and report
excess emissions. Owners and operators of any coating line complying by
the use of a control device are required to operate the capture and
control device whenever the coating line is in use and are required to
ensure the required monitoring system is installed, maintained and
calibrated and in use whenever the control device is in operation.
Owners or operators of facilities subject to sections 13 to 23 and
section 37 are prohibited from using open containers to store or
dispose cloth or paper impregnated with VOC or to store spent or fresh
VOC used for surface preparation, cleanup or removal of coatings and
are prohibited from using VOC to clean spray equipment unless equipment
is used to collect the cleaning compounds. Owners and operators of
sources subject to Regulation 24 that must make major process changes
or major capital expenditures to comply must submit to the Department a
compliance schedule within 180 days of the effective date of this
regulation. Compliance must be as expeditious as practicable but not
later than May 31, 1995.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA.
State Submittal: Sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
and 23 of Regulation 24 cover coating operations or lines in the
following source categories, respectively: automobile and light-duty
truck, can, coil, paper, fabric, vinyl, metal furniture, large
appliances, magnetic wire, miscellaneous metal parts and products, and
flat wood paneling.
A. Common Provisions
A coating line or operation is subject to the emission limits of a
section if the daily facility-wide VOC emissions from coating lines in
that source category exceeds 6.8 kg (15 lb) without control devices.
Each section requires that compliance be demonstrated in one of three
ways: use of coatings that comply with the VOC content limits of each
section; use of coatings on a coating line whose daily weighted average
comply with the VOC content for that coating line; or use of a capture
and control system that provides an overall emission reduction that is
the lesser of the reduction needed to be equivalent to the VOC content
of complying coatings on a ``solids basis'' (mass VOC per volume of
solids) or 95 percent. The VOC content limits in mass per volume of
coating, minus water and exempt compounds, as applied, are the same as
those contained in the applicable CTG. Section 20 exempts from the VOC
content limits the use of up to 0.95 liters (0.25 gallons), in any 8-
hour period, of quick drying lacquers used for repair of scratches and
nicks on large appliances. Section 22 sets a standard of 0.52 kilograms
per liter (4.3 lb/gal) of coating less water and exempt compounds for
drum and pail interior coatings. The calculation procedures for daily
weighted averaging and for required control device efficiency are
provided in Appendix C. Calculations are required daily to demonstrate
daily compliance.
B. Coverage of Section 22, Miscellaneous Metal Parts and Products
Section 22 applies to coating of miscellaneous metal parts and
products, which include (but are not limited to) small and large farm
machinery, small appliances, commercial machinery, industrial
machinery, fabricated metal products, coating applications at
automobile and light duty truck assembly plants other than prime,
primer surfacer, topcoat and final repair, and to any other industrial
category that coats metal parts or products under Standard Industrial
Classification (SIC) Codes of Major Groups 33 to 39. Section 22 does
not apply to the application of coatings regulated under sections 13,
14, 15, 19, 20, and 21, exteriors of completely assembled aircraft,
automobile or truck refinishing, and customized topcoating of
automobiles and trucks where the daily production is less than 35
vehicles per day. Section 22 does not apply to primer, primer surfacer,
topcoat and final repair operations at automobile and light duty truck
assembly plants covered under section 13.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Sections 24, 25, 26 and 27 cover bulk gasoline
plants, bulk [[Page 21710]] gasoline terminals, gasoline dispensing
facilities, and gasoline tank trucks.
A. Section 24 requires bulk gasoline plants of between 4,000 and
20,000 gallons per day throughput to install a vapor balance system
between incoming/outgoing tank trucks and stationary storage tanks, to
fill storage vessels by submerged filling, and to incorporate design
and operational practices to minimize leaks from storage tanks, loading
racks, tank trucks and loading operations.
B. Section 25 requires bulk gasoline terminals of greater than
20,000 gallons per day throughput to equip each loading rack with a
vapor collection system to control VOC vapors displaced from gasoline
tank trucks during product loading. The vapor control system is limited
to emissions of 80 milligrams or less of VOC per liter of gasoline
loaded.
C. Both bulk plants and terminals are required to inspect vapor
balance or loading racks and VOC collection systems monthly for leaks
and to repair leaks within 15 days of discovery. Both bulk plants and
terminals are restricted to loading only vapor-tight gasoline tank
trucks and to loading tank trucks by submerged filling.
D. Section 26 requires gasoline dispensing facilities to install a
vapor balance system, submerged drop tubes for gauge well, vapor tight
caps and submerged fill loading on all storage vessels. Both sections
24 and 26 prohibit the transfer of gasoline into a storage tank or into
a tank truck unless vapor balance systems are properly used.
E. Section 27 requires gasoline tank trucks equipped for vapor
collection be tested at least annually for vapor-tightness and display
a sticker near the DOT certification plate that shows the date the
truck passed the vapor-tightness test, that shows the truck
identification number and that expires not more than 1 year after the
date of the test.
F. Sections 24, 25 and 26 also set standards for smaller facilities
and tanks: Bulk plants of less than 4,000 gallons per month are only
required to fill storage tanks or tank trucks by submerged filling and
to discontinue transfer operations if any leaks are observed. A vapor
balance system is not required on any tank with a capacity of 550
gallons or less at a bulk plant. However, such tanks are still subject
to the requirement that these tanks be filled by submerged filling.
Under section 26, dispensing facilities of less than 10,000 gallons per
month throughput and certain small storage tanks are required to be
loaded by submerged fill. These smaller storage tanks are those of less
than 2,000 gallon capacity constructed prior to January 1, 1979, of
less than 250 gallons capacity constructed after December 31, 1978, and
of less than 550 gallons capacity if used solely for fueling implements
of agriculture.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG and other EPA guidance.
State Submittal: Section 28 applies to any vacuum-producing system,
wastewater separator and process unit turnaround at petroleum
refineries. Uncondensed vapors from vacuum-producing systems must be
piped to a firebox or incinerator or compressed and added to the
refinery fuel gas. Wastewater separators must be equipped with covers
and seals on all separator and forebays. Lids and seals are required on
all openings in separators, forebays and their covers and must be kept
closed except when in use. During a process unit turnaround the process
unit must be vented to a vapor recovery system, flare or firebox. No
emissions are allowed from a process unit until the internal pressure
reaches 19.7 psia.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Sections 29 and 32 regulate leaks from equipment
in VOC service at any process unit at a petroleum refinery or at any
natural gas/gasoline processing facility, respectively. Both require
open ended lines and valves to be sealed with a second valve, blind
flange, cap or plug except during operations requiring process fluid
flow. Both require quarterly leak monitoring of pumps in light liquid
service, valves, and compressors and require first attempt to repair
the leak within five calendar days of discovery and with final repair
within 15 calendar days. Both sections reference the leak detection
method found in appendix F. Both allow less frequent monitoring of
unsafe-to-monitor and difficult-to-monitor valves if a written plan
that requires, respectively, monitoring of unsafe-to-monitor as
frequently as practicable during safe-to-monitor periods and at least
annual leak monitoring of difficult-to-monitor valves. Under both
sections, valves in gas/vapor service and in light liquid service may
be monitored less frequently if the criteria of the skip period leak
detection and repair provisions are met and maintained. Both sections
allow certain equipment be exempt from the leak monitoring program.
These exemptions are: any pressure relief valve connected to a flare
header or operating vapor recovery device, any equipment in vacuum
service, any compressor with a degassing vent connected to an operating
VOC control device. Also exempted from a leak detection and repair is
any pump with dual seals at a natural gas/gasoline processing facility
and any pump with dual mechanical seals with a barrier fluid system at
refineries. Under section 29, pumps in heavy liquid service at
refineries must be leak checked using the method of appendix F only if
evidence of a leak is found by sight, sound or smell. Under section 32,
pumps in heavy liquid service are exempted from the leak detection and
repair provisions. Under section 29, pressure relief valves at
refineries must be leak checked after each overpressure relief. Under
section 32, pressure relief valves must be leak checked within 5 days
unless monitored by non-plant personnel. In the latter case, monitoring
must be done the next time monitoring personnel are on site or within
30 days, whichever is the shorter period.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Sections 30 and 31 regulate storage of petroleum
liquids that apply to any petroleum liquid storage tank over 40,000
gallons capacity. Section 30 applies to tanks that are equipped with an
external floating roof. Section 31 applies to tanks that are of fixed
roof construction. Section 30 prohibits storage of petroleum liquid in
an external floating roof tank unless the tank is equipped with a
continuous secondary seal from the floating roof to the tank wall, the
seals are maintained so that there are no visible holes or tears and
the seals are intact and uniformly in place. Section 30 also sets
design and operation and maintenance criteria for openings in the
external floating roof and for gaps in vapor-mounted primary seals.
Section 30 requires routine, semi-annual inspections of the roof and
seal and requires annual measurement of the seal [[Page 21711]] gap in
vapor-mounted primary seals. Section 31 prohibits storage of petroleum
liquid in a fixed roof tank unless the tank is equipped with an
internal floating roof equipped with closure seal(s) between the roof
edge and tank wall, and the seals are maintained so that there are no
visible holes or tears. Section 31 also sets design, operational and
maintenance criteria for openings, drains and vents.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG and other EPA guidance.
State Submittal: Section 33 applies to all solvent metal cleaning
sources (cold cleaning facilities, open top vapor degreasers, and
conveyorized degreasers) with the following exemptions: (1) any open
top vapor degreasing operation with an open area smaller than one
square meter is exempt from the requirement to install a refrigerated
chiller, or a carbon adsorption system; and (2) any conveyorized
degreaser with an air/solvent interface smaller than 2.0 square meters
is exempt from the requirement for a refrigerated chiller, carbon
adsorption system or equivalent control system.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 34 prohibits the manufacturing, mixing,
storage, use and application of cutback asphalt during the ozone
season. Exemptions for long-life stockpiling or use solely as a
penetrating prime coat may be granted by the Department. Section 34
also prohibits the manufacturing, mixing, storage, use and application
of emulsified asphalt containing VOC during the ozone season.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 35 applies to the following sources of
VOCs at all synthesized pharmaceutical manufacturing facilities: each
vent from reactors, distillation operations, crystallizers, centrifuges
and vacuum dryers, air dryers and production equipment exhaust systems,
storage tanks, transfer operations from truck/rail car deliveries to
storage tanks, centrifuges, rotary vacuum and other filters, in-process
tanks, and leaks from equipment and vessels.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 37 applies to any packaging rotogravure,
publication rotogravure, or flexographic printing press at any graphic
art systems facility whose maximum theoretical emissions of VOCs--
including solvents used to clean each of these printing presses--
without control devices from all printing presses are greater or equal
to 7.7 tons per year of press-ready ink.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 38 applies to any petroleum solvent dry
cleaning facility that consumes more than 123,000 liters of petroleum
solvent per year. There should be no perceptible leaks from any portion
of the equipment and all traps and doors closed. Any perceptible leaks
shall be repaired within 3 days after the leak is detected.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 39 covers drycleaning facilities using
perchloroethylene. Section 39 requires a carbon adsorption system for
the dryer exhaust. An emission limit of 100 parts per million
(volumetric) of VOC is established for the exhaust of this control
device. Coin operated facilities are exempt from the requirement for a
carbon adsorption system. Section 39 sets the standards recommended in
the CTG to minimize VOC emissions from leaks, from treatment, handling
and disposal of filters, and from wet wastes from solvent stills.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 40 applies to all equipment in VOC service
in any process unit at a synthetic organic chemical, polymer, and resin
production facility which manufactures, as an immediate or end product,
Methyl Tert-Butyl Ether, Polyethylene, Polypropylene, Polystyrene, and
those organic chemicals given in Sec. 60.489 of 40 CFR part 60. A piece
of equipment is not in VOC service if the VOC content of the process
fluid exceeds 10% by weight. This section does not apply to any
synthetic organic chemical, polymer, or resin manufacturing facility
whose annual design production capacity is less than 1,000 megagrams
(Mg) (1,100 tons) of product. Any liquid pump that has a dual
mechanical pump seal with a barrier fluid system, and any compressor
with a degassing vent that is routed to an operating VOC control device
are exempt from the inspection and repair standard. Equipment operated
entirely under a vacuum and pressure relief valve that is connected to
an operating flare header or vapor recovery device are exempt from the
inspection and repair standard.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 41 applies to the manufacture of polymer
resins: (1) for the manufacture of high-density polyethylene using a
liquid phase slurry process material recovery sections and product
finishing sections are regulated, (2) for the manufacture of
polypropylene using a liquid-phase process polymerization reaction
sections, material recovery sections, and product finishing sections
are regulated, and (3) for the manufacture of polystyrene using a
continuous process material recovery sections are regulated.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 42 covers air oxidation processes in the
synthetic organic chemical manufacturing industry (SOCMI). SOCMI is
defined as production, either as a final product or as an intermediate,
of any of the [[Page 21712]] chemicals listed in 40 CFR 60.489. Covered
are vent streams from air oxidation reactors and from combinations of
air oxidation reactors and recovery systems. Section 42 requires VOC
emissions from these vent streams be no more 20 parts per million
(volumetric, dry basis corrected to 3 percent oxygen) or be reduced by
98 percent (whichever is less) or be burned in a flare that meets the
requirements of 40 CFR 60.18. Vent streams that have a total resource
effectiveness (TRE) index value greater than 1.0 are required only to
maintain the TRE index value greater than 1.0, to recalculate the TRE
index value after any process change and to install monitoring devices
on the final recovery device.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 43 applies to all major VOC sources not
covered by a CTG (non-CTG sources: VOC sources with the potential to
emit 25 TPY in Kent and Castle Counties nonattainment area and 50 TPY
in Sussex County). The control requirements do not apply to coke ovens
(including by-products recovery plants), fuel combustion sources, barge
facilities, jet engine test cells, vegetable oil processing facilities,
wastewater treatment facilities, and iron and steel production.
EPA's Evaluation: The regulation listed above is approvable as a
SIP revision because it conforms to EPA guidance and complies with the
requirements of the CAA. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Appendices A to H comprise the test and compliance
methods applicable to more than one of the source categories of
sections 13 to 43. Appendix H specifies the quality control procedures
for continuous emission monitors. Each section requires that
adaptations to specified methods or alternative test methods must be
approved by the Department and the U.S. EPA.
A. Appendix A requires that the methods of Appendices B to G be
used and sets the general requirements for test plans and testing
quality assurance programs. Test plans must be submitted to the
Department at least 30 days prior to the testing, preliminary results
within 30 days after completion and the final report within 60 days of
the completion of the testing.
B. Appendix B specifies the methods to be used for sampling and
analyzing coatings and inks for VOC content. Specified methods for
determining VOC content are Method 24 of 40 CFR Part 60, Appendix A for
coatings and Method 24A of 40 CFR Part 60, Appendix A for inks.
C. Appendix C specifies the methods to be used by coating sources
for calculation of daily weighted average, of required overall emission
reduction efficiency and of equivalent emission limitations. Appendix
C(a) provides the formula for calculating the daily weighted average
VOC content. Appendix C(c) specifies how the daily required control
efficiency is to be calculated. Provided are procedures: (1) To convert
the complying coating, emission limits from a mass VOC per gallon of
coating (less water and exempt solvent) basis to a solids basis, mass
VOC per gallon solids, (2) to calculate the required overall emission
reduction efficiency using the complying coating emission limit on a
solids basis and either the maximum actual VOC content (solids basis)
or the actual, daily-weighted average VOC (on a solids basis), and (3)
to calculate the actual, daily-weighted average VOC (on a solids basis)
of the coatings used.
D. Appendix D specifies the methods for measuring capture
efficiency and for calculating control device destruction or removal
efficiency.
(1) Capture efficiency: Four capture efficiency testing and
calculation protocols are used: Gas/gas methods using either a
temporary total enclosure (TTE) or a building enclosure (BE) as a TTE.
Liquid/gas methods using either a BE as a TTE or a TTE.
(2) Control device destruction or removal efficiency: Appendix D(b)
requires that the methods specified in Appendix E be used for
determining the flows and VOC concentrations in the inlets and outlets
of VOC control devices. Appendix D stipulates the formula for
calculating control device destruction or removal efficiency. Appendix
D also requires continuous monitoring on carbon adsorption systems and
incinerators and specifies the requirements for such monitoring
systems.
(3) Overall capture and control efficiency: Appendix D(c) requires
that overall capture and control efficiency be calculated as the
product of the capture efficiency and the control device efficiency.
E. Appendix E adopts reference methods found in 40 CFR Part 60,
appendix A. The methods adopted are: Method 18, 25 or 25A for
determining VOC concentrations at the inlet and outlet of a control
device; only Method 25 is allowed for determining destruction
efficiency of thermal or catalytic incinerators. Method 1 or 1A for
velocity traverse. Method 2, 2A, 2B, 2C, or 2D for measuring velocity
and flow rates. Method 3 or 3A for determining oxygen and carbon
dioxide analysis. Method 4 for stack gas moisture. Appendix E also
specifies the number and length of tests.
F. Appendix F specifies leak detection methods. Method 21 of 40 CFR
part 60, appendix A is adopted.
G. Appendix G sets the performance specifications of systems for
the continuous emissions monitoring of total hydrocarbons as a
surrogate for measuring the total gaseous organic concentration in a
combustion gas stream.
H. Appendix H requires each owner or operator of a continuous
emissions monitor system (CEMS) to develop and implement a CEMS quality
control program. Appendix H defines the minimum requirements for such a
program.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the CAA. EPA has determined that the test methods and
compliance procedures are no less stringent than that required by the
applicable CTG and pertinent EPA guidance.
As required by 40 CFR 51.102, the State of Delaware has certified
that public hearings with regard to these revisions were held in
Delaware on September 29, 1992; and on September 8, 1993 on the amended
VOC RACT Catch-ups.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will become
effective July 3, 1995 unless, within 30 days of publication, adverse
or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action
[[Page 21713]] should do so at this time. If no such comments are
received, the public is advised that this action will be effective on
July 3, 1995.
Final Action
EPA is approving sections 1 to 9, inclusive, 13 to 35, inclusive,
37 to 42, inclusive, parts of 43, and appendices A to H of Delaware
Regulation 24 as a revision to the Delaware SIP. The State of Delaware
submitted these amendments to EPA as a SIP revision on January 11, 1993
and January 20, 1994.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements but simply approve requirements that
the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the CAA, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of State
action. The CAA forbids EPA to base its actions concerning SIP's on
such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66
(1976); 42 U.S.C. 7410(a)(2).
This action has been classified as a Table 2 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The OMB has exempted this
regulatory action from E.O. 12866 review.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action approving twenty-nine VOC RACT regulations for Delaware
must be filed in the United States Court of Appeals for the appropriate
circuit by July 3, 1995. 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: January 27, 1995.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52, subpart I of chapter I, title 40 is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart I--Delaware
2. Section 52.420 is amended by adding paragraphs (c)(46) and
(c)(51) to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
(46) Revisions to the Delaware State Implementation Plan submitted
on January 11, 1993 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference. (A) Letter of January 11, 1993 from
the Delaware Department of Natural Resources & Environmental Control
transmitting Regulation 24--``Control of Volatile Organic Compound
Emissions'', effective January 11, 1993.
(B) Regulation 24--``Control of Volatile Organic Compound
Emissions'', Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
37, 38, 39, 40, 41, 42, and Appendices A, B, C, D, E, F, G, & H.
* * * * *
(51) Revisions to the Delaware State Implementation Plan submitted
on January 20, 1994 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference. (A) Letter dated January 20, 1994,
from the Delaware DNREC transmitting an amendment to Regulation 24,
``Control of Volatile Organic Compound Emissions'', Section 43--``Other
Facilities that Emit VOCs'', effective November 24, 1993.
(B) Amendment to Regulation 24, ``Control of VOC Emissions'',
Section 43--``Other Facilities that Emit VOCs'', Sections 43(a)(1),
43(a)(2), 43(a)(3), 43(a)(4), 43(b)(1), 43(b)(2), 43(c), 43(d), 43(e),
and 43(f).
(ii) Additional Material. (A) Remainder of January 11, 1993 and
January 20, 1994 State submittal pertaining to Regulation 24 referenced
in paragraphs (c)(46)(i) and (c)(51)(i) of this section.
(iii) Additional Information. (A) These rules supersede paragraph
(c)(44)(i)(C) of this section.
[FR Doc. 95-10817 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-P
