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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE26-1-6940a; FRL-5320-1]

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 December 19, 1994 pertaining to

Delaware Regulation 24--``Control of Volatile Organic Compound

Emissions'', sections 10, 11, 12, 44, 45, 47, 48, and 49, and

Appendices I, K, L, and M, effective November 29, 1994. These sections

of Regulation 24 establish additional 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 under section 110

of the Clean Air Act (CAA).

EFFECTIVE DATE: This action will become effective March 26, 1996 unless

notice is received on or before February 26, 1996 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 above.

SUPPLEMENTARY INFORMATION: On December 19, 1994, the Delaware

Department of Natural Resources & Environmental Control (DNREC)

submitted a revision to its SIP. This revision was submitted to comply

with the RACT ``Catch-up'' provisions of the CAA. The revision pertains

to Regulation 24, ``Control of Volatile Organic Compound Emissions'',

by establishing statewide emissions standards for eight (8) additional

VOC source categories, effective November 29, 1994. The 8 additional

VOC source categories are as follows: (1) Section 10--Aerospace

Coatings, (2) Section 11--Motor Vehicle Refinishing, (3) Section 12--

Surface Coating of Plastic Parts, (4) Section 44--Batch Processing

Operations, (5) Section 45--Industrial Cleaning Solvents, (6) Section

47--Offset Lithographic Printing, (7) Section 48--Reactor Processes and

Distillation Operations in the Synthetic Organic Chemical Manufacturing

Industry (SOCMI), and (8) Section 49--Control of Volatile Organic

Compound Emissions from Volatile Organic Liquid Storage Vessels. In

addition, new appendices were added as follows: Appendix I--Method to

Determine Length of Rolling Period for Liquid/Liquid Material Balance,

Appendix K--Emission Estimation Methodologies, Appendix L--Method to

Determine Total Organic Carbon for Offset Lithographic Solutions, and

Appendix M--Test Methods for Determining the Performance of Alternative

Cleaning Fluids. A revision to Regulation 24, section 2--Definitions--

additions, and an Errata sheet to correct typographical errors,

reference notations, etc. were also submitted on December 19, 1994 and

effective November 29, 1994.

I. 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 other source

categories was published in the Federal Register on May 3, 1995 (60 FR

21708).]. The following is EPA's evaluation of and action on sections

10, 11, 12, 44, 45, 47, 48, and 49, and appendices I, K, L, and M 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

[[Page 2420]]

by EPA. Copies of the TSD are available from the EPA Regional office

listed in the ADDRESSES section of this document.

For the purpose of assisting States and local agencies in

developing RACT rules, EPA prepared a series of control technique

guidance (CTG), and alternative control technology (ACT). The CTGs and

ACTs applicable to the sections mentioned above are: Aerospace Coatings

(CTG & MACT)--59 FR 29216, June 6, 1994; Automobile Refinishing (ACT)--

EPA-453/R-94-031, April 1994; Surface Coating of Automotive/

Transportation and Business Machine Parts (ACT)--EPA-453/R-94-017,

February 1994; Control of VOC Emissions from Batch Processes (ACT)--

EPA-453/R-93-017, February 1994; Industrial Cleaning Solvents (ACT)--

EPA-453/R-94-015, February 1994; Offset Lithographic Printing (ACT)--

EPA-453/R-94-054, June 1994; Control of VOC Emissions from Reactor

Processes and Distillation Operations in SOCMI (CTG)--EPA-450/4-91-031,

August 1993; and Volatile Organic Liquid Storage in Floating and Fixed

Roof Tanks (ACT)--EPA-453/R-94-001, January 1994.

State Submittal: Sections 10, 11, 12, 44, 45, 47, 48, and 49 of

Regulation 24 cover the following VOC source categories, respectively:

Aerospace Coatings, Motor Vehicle Refinishing, Surface Coating of

Plastic Parts, Batch Processing Operations, Industrial Cleaning

Solvents, Offset Lithographic Printing, Reactor Processes and

Distillation Operations in the Synthetic Organic Chemical Manufacturing

Industry, and Control of Volatile Organic Compound Emissions from

Volatile Organic Liquid Storage Vessels. Appendices I, K, L, & M cover

respectively: Method to Determine Length of Rolling Period for Liquid/

Liquid Material Balance, Emission Estimation Methodologies, Method to

Determine Total Organic Carbon for Offset Lithographic Solutions, and

Test Method Determining the Performance of Alternative Cleaning Fluids.

A. Section 10--Aerospace Coatings

Section 10 applies to the following operations in each aerospace

manufacturing or rework facility: (1) general cleaning operations, (2)

all hand-wipe cleaning operations, (3) spray-gun cleaning operations,

(4) all flush cleaning operations, (5) primer and topcoat application

operation, (6) depainting operation, which applies to the depainting of

the outer surface of aerospace vehicles with the exception of parts or

units normally removed during depainting, (7) chemical milling maskant

application operation, and (8) waste storage and handling operation.

Section 10 does not apply to the following operations: Chemical

milling, metal finishing, electrodeposition, composite processing,

adhesives, adhesive bonding primers, sealants, and specialty coatings.

Section 10 does not apply to the aerospace manufacturing and rework

facilities whose plant-wide, actual emissions from the operations

without control devices are less than 15 pounds of volatile organic

compounds (VOCs) per day.

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.

B. Section 11--Motor Vehicle Refinishing

Section 11 applies to any source that applies coatings to motor

vehicle refinishing operation.

Section 11 does not apply to sources applying coatings to motor

vehicle parts if the parts are not a component of a vehicle or mobile

equipment being coated at a motor vehicle refinishing operation, and to

any coating operation at a motor vehicle assembly plant.

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.

C. Section 12--Surface Coating of Plastic Parts

Section 12 applies to any facility that coats plastic components

for the following uses:

(1) Automotive or other transportation equipment including interior

and/or exterior parts for automobiles, trucks (light-, medium-, or

heavy-duty), large and small farm machinery, motorcycles, construction

equipment, vans, buses, lawnmowers, and other mobile, motorized

mobilized equipment.

(2) Housing and exterior parts for business and commercial machines

including, but not limited to, computers, copy machines, typewriters,

medical equipment, and entertainment equipment.

Section 12 does not apply to the following operations:

(1) Coating of interior and exterior parts of aircraft.

(2) Coating of exterior of completely assembled marine vessels.

(3) Refinishing of aftermarket automobiles, trucks, and other

transportation equipment.

(4) Coating of internal electrical components of business and

commercial machines.

(5) Coating of a metal component in a spray booth or on a process

line.

Section 12 does not apply to plastic parts coating facilities whose

plant wide actual emissions, without control devices, from all plastic

parts coating operations, are less than 15 pounds of VOCs per day.

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.

D. Section 44--Batch Processing Operations

Section 44 applies to process vents associated with batch

processing operations in the following affected manufacturing

facilities with the corresponding Standard Industrial Classification

(SIC) Codes:

(1) Plastic Materials & Resins (SIC 2821).

(2) Medical Chemicals & Botanical Products (SIC 2833).

(3) Gum & Wood Chemicals (SIC 2861).

(4) Cyclic Crudes & Intermediates (SIC 2869).

(5) Industrial Organic Chemicals (SIC 2869).

(6) Agricultural Chemicals (SIC 2879).

Section 44 does not apply to the following operations:

(1) Combined process vents from each batch process train with an

annual mass emission total of 10,000 lbs of VOCs or less; or

(2) Single unit operations which have annual mass emission of 227

kg (500 lb) VOCs or less.

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.

E. Section 45--Industrial Cleaning Solvents

Section 45 applies to all sources that use organic solvents for the

purpose of cleaning. Section 45 does not apply to: any non-

manufacturing area cleaning operation, any non-routine maintenance of

manufacturing facilities and equipment, and any source that uses less

than 4,540 kilograms (5 tons) of cleaning solvent per year.

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.

F. Section 47--Offset Lithographic Printing

Section 47 applies to any offset lithographic printing facility,

including

[[Page 2421]]

heatset web, non-heatset web (non-newspaper), non-heatset sheet-fed,

and newspaper (non-heatset web) facilities.

Section 47 does not apply to any offset lithographic printing

facility whose total actual VOC emissions from all lithographic

printing operations (including emissions from cleaning solutions used

on lithographic printing presses) are less than 15 lbs VOCs per day

before the application of capture systems and control devices.

Section 47 does not apply to other types of printing operations,

such as flexography, rotogravure, or letterpress.

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.

G. Section 48--Reactor Processes and Distillation Operations in the

Synthetic Organic Chemical Manufacturing Industry

Section 48 applies to any vent stream that originates from a

process unit in which a reactor or distillation operation is located at

a facility within the synthetic organic chemical manufacturing industry

(SOCMI).

Section 48 does not apply to the following operations:

(1) Any reactor process or distillation operation that is designed

and operated in a batch mode.

(2) Any reactor process or distillation operation that is part of a

polymer manufacturing operation.

(3) Any reactor process or distillation operation that operates in

a process unit with a total design capacity of less than 1,100 tons per

year for all chemicals produced within that unit except for the

reporting/recording requirements.

(4) Any vent stream for a reactor process or distillation operation

with a flow rate less than 0.0085 standard cubic meters per minute

(scmm) or a total VOC concentration of less than 500 parts per million

by volume (ppmv) except for the performance testing requirement and the

reporting/recording requirements.

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.

H. Section 49--Control of Volatile Organic Compound Emissions From

Volatile Organic Liquid Storage Vessels

Section 49 applies to each storage vessel with a capacity equal to

or greater than 40,000 gallons that is used to store volatile organic

liquids (VOLs).

Section 49 does not apply to:

(1) Storage vessels with a capacity less than 5,000 gal.

(2) Storage vessels with a capacity equal to or greater than 5,000

gal and less than 40,000 gal provided that records are maintained.

(3) Storage vessels with a capacity equal to or greater than 40,000

gal storing a liquid with a maximum true vapor pressure less than 1.0

psia provided that records are maintained.

(4) Storage vessels with a capacity equal to or greater than 40,000

gal storing a liquid with a maximum true vapor pressure equal to or

greater than 1.0 psia but less then 1.5 psia provided that records are

maintained.

(5) Storage vessels at coke oven by-product plants.

(6) Pressure vessels which operate without emissions to the

atmosphere.

(7) Storage vessels permanently attached to mobile vehicles such as

trucks, railcars, barges, or ships.

(8) Storage vessels used to store beverage alcohol.

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.

I. Appendix I--Method To Determine Length of Rolling Period for Liquid/

Liquid Material Balance

Appendix I determines the length of the rolling material balance

period used in the liquid-liquid material balance test method to

measure the overall performance of volatile organic compound (VOC)

emission control; systems employing carbon adsorbers for solvent

recovery as the control device.

Physical properties and usage are determined for the solvents used

in the process, and configuration and operating parameters are

identified for the emission source and its emission control system.

This information is used to calculate the concentration of VOC in the

outlet air of the capture unit, amount of VOC adsorbed on the carbon,

maximum VOC loading on the carbon, unmeasured solvent holding capacity

of the solvent recovery system, and unmeasured solvent holding capacity

of the process unit. These values are then used to calculate the

rolling material balance period.

EPA's Evaluation: The methods listed above are approvable as SIP

revisions because they conform to EPA guidance and comply with the

requirements of the CAA.

J. Appendix K--Emission Estimation Methodologies

The methodologies presented in Appendix K are based on the Ideal

Gas Law and on fundamental vapor/liquid equilibrium relationships such

as Henry's and Raoult's Law. The equations are for estimating and

characterizing uncontrolled emission streams from batch processes.

EPA's Evaluation: The methods listed above are approvable as SIP

revisions because they conform to EPA guidance and comply with the

requirements of the CAA.

K. Appendix L--Method To Determine Total Organic Carbon for Offset

Lithographic Solutions

Appendix L is a method applicable for the determination of organic

carbon in diluted offset lithographic solutions. Organic carbon in a

sample is converted to carbon dioxide (CO2) by catalytic

combustion or wet chemical oxidation. The CO2 formed can be

measured directly by an infrared detector or converted to methane

(CH4) and measured by a flame ionization detector. The amount of

CO2 or CH4 is directly proportional to the concentration of

carbonaceous material in the sample.

EPA's Evaluation: The methods listed above are approvable as SIP

revisions because they conform to EPA guidance and comply with the

requirements of the CAA.

L. Appendix M--Test Method for Determining the Performance of

Alternative Cleaning Fluids

Appendix M presents a test method for evaluating the performance of

alternative cleaning fluids. Any fluids may be tested, but the primary

intent is that it will be used to evaluate the performance of

alternatives relative to a VOC solvent. It is a screening technique

designed to determine whether the alternatives cleans at least as well

as currently used VOC solvent in a simple, standardized wiping

application.

EPA's Evaluation: The methods listed above are approvable as SIP

revisions because they conform to EPA guidance and comply with the

requirements of the CAA.

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 22, 1994.

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 March 26, 1996 unless, within 30 days of publication, adverse

or critical comments are received.

[[Page 2422]]

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 should do so at

this time. If no such comments are received, the public is advised that

this action will be effective on March 26, 1996.

Final Action

EPA is approving sections 10, 11, 12, 44, 45, 47, 48, and 49, and

Appendices I, K, L, and M 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 December 19, 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).

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 that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA 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 proposed/promulgated

does not include a Federal mandate that may result in estimated 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 Federal requirements. Accordingly, no additional costs

to State, local, or tribal governments, or to the private sector,

result from this action.

This action has been classified as a Table 3 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 a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (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 the 8 additional VOC source categories for

Delaware must be filed in the United States Court of Appeals for the

appropriate circuit by March 26, 1996. 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, Ozone, Reporting and recordkeeping

requirements.

Dated: October 18, 1995.

W. Michael McCabe,

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)(54) to read

as follows:

Sec. 52.420 Identification of plan.

* * * * *

(c) * * *

(54) Revisions to the Delaware State Implementation Plan submitted

on December 19, 1994 by the Delaware Department of Natural Resources &

Environmental Control:

(i) Incorporation by reference.

(A) Letter of December 19, 1994 from the Delaware Department of

Natural Resources & Environmental Control transmitting Regulation 24--

``Control of Volatile Organic Compound Emissions'', effective November

29, 1994.

(B) Regulation 24--``Control of Volatile Organic Compound

Emissions'', Sections 10, 11, 12, 44, 45, 47, 48, and 49 and appendices

I, K, L, and M, effective November 29, 1994.

(C) Administrative changes to Regulation 24, Section 2--

Definitions: Addition of sections 2(c) Basecoat; 2(j) Clearcoat; 2(x)

Gloss flattener; 2(bb) Internal Floating Roof; 2(gg) Liquid-mounted

seal; 2(ss) Petroleum; 2(tt) Petroleum Liquid; 2(xx) Primer; 2(jjj)

Storage Vessel; 2(mmm) Transfer efficiency; 2(ppp) Vapor-mounted seal;

and 2(ttt) Volatile Organic Liquid (VOL); and section 2(zz) by changing

ASTM D323-89 to ASTM D323-82, effective November 29, 1994.

(D) An Errata sheet of Regulation 24 with administrative changes to

Section 4--4(b) by renumbering section 13 to 10 and section 22 to 23,

4(b)(1)(iii) by renumbering section 13 to 10 and section 22 to 23, 4(c)

by renumbering section 22 to 23, 4(d) by renumbering section 22 to 23,

4(e) by renumbering section 13 to 10 and section 22 to 23, 4(e)(2)(iv)

by adding the following lines: section 10(e)(1)(iii), section 11(d),

section 12(e)(1)(iii), and section 23(e)(1)(iii), 4(e)(x) correcting 50

degrees F to 82 degrees F; Section 8--8(a)(2) by renumbering section 13

to 10; Section 21--21(a)(5) correcting the number 4 to

[[Page 2423]]

5; Section 25--25(c)(4)(vi) by changing calibrated to calculated;

Section 29--29(i)(3)(i)(A) by correcting 0.09 to 0.044 in Hg,

29(i)(3)(i)(B) by correcting 0.09 to 0.044 in Hg; Section 30--30(b) by

deleting definitions of liquid mounted seal and vapor mounted seal that

were added in Section 2--Definitions; Section 31--31(b) by deleting

definition of internal floating roof that was added to Section 2--

Definitions, 31(e)(ii) by correcting letter i to ii; Section 33--

33(f)(3) by correcting (c)(3)(i)(B) to (c)(3)(ii)(B), Section 35--

35(c)(2)(i) by adding weight, 35(c)(3)(i) by adding by weight; Section

37--37(a)(1) by deleting of press ready ink; Section 43--43(a)(1) by

renumbering section 13 to 10 and section 42 to 49; Appendix A--(a) by

renumbering section 13(c)(1) or section 14 through 43 to section 19

through 50; Appendix D--(a)(2)(iii)(4) by deleting to be published,

effective November 29, 1994.

(ii) Additional Material.

(A) Remainder of December 19, 1994 State submittal pertaining to

Regulation 24 referenced in paragraphs (c)(54)(i).

[FR Doc. 96-1299 Filed 1-25-96; 8:45 am]

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