Approval and Promulgation of Air Quality Implementation Plans; Delaware: Regulation 24Control of Volatile Organic Compound Emissions

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.

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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