[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]



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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