38044 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Proposed Rules 

19For instance, Commissioner Clements is right 

in pointing out that we must also take a close look 

at existing resource adequacy mechanisms and 

ancillary service markets. See NOPR (Clements, 

comm’r, concurring) at PP 26–27. 1See 67 FR 70315 (November 22, 2002). 

work to be done.19 I look forward to 

examining all the comments as we seek 

to issue a final rule around these topics. 

For these reasons, I respectfully 

concur. 

lllllllllllllllllll

Willie L. Phillips, 

Commissioner. 

[FR Doc. 2022–13471 Filed 6–24–22; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0944; FRL–9174–01– 

R3] 

Air Plan Approval; Delaware; Control 

of Volatile Organic Compounds 

Emissions From Solvent Cleaning and 

Drying 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Delaware. This 

revision pertains to the reduction of 

volatile organic compounds (VOC) 

emissions from cold solvent cleaning 

operations. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 27, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2021–0944 at https://

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Mallory Moser, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2030. Ms. Moser can also be 

reached via electronic mail at 

Moser.Mallory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2021, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to its SIP which 

comprises revisions to Title 7 of 

Delaware’s Administrative Code (7 DE 

Admin. Code) 1124 Section 33.0— 

Solvent Cleaning and Drying. The 

revision to 7 DE Admin. Code 1124 

Section 33.0 will reduce emissions of 

VOCs from cold solvent cleaning 

operations, thus reducing the formation 

of ground-level ozone. 

I. Background 

The revision consists of an 

amendment to 7 DE Admin. Code 1124, 

Control of Volatile Organic Compound 

Emissions, Section 33—Solvent 

Cleaning and Drying. Specifically, the 

amendment updates the solvent 

cleaning control requirements based 

upon the 2012 Ozone Transport 

Commission (OTC) Model Rule. 

The OTC, of which Delaware is a 

member, is an organization established 

by Congress under the CAA. Among 

other things, the OTC develops model 

rules for the member states to use to 

reduce the emissions of ground level 

ozone precursors. In 2001, the OTC 

released the 2001 Model Rule for 

Solvent Cleaning (2001 Model Rule). 

The 2001 Model Rule is the basis for the 

version of 7 DE Admin. Code 1124, 

Control of Volatile Organic Compound 

Emissions, Section 33—Solvent 

Cleaning and Drying currently in the 

approved Delaware SIP.1 After a release 

of the control techniques guideline 

(CTG): Industrial Cleaning Solvents by 

the EPA in 2006, proposing new VOC 

limits for solvent cleaning, the OTC 

convened a group of experts that 

suggested a more stringent model rule 

than what is provided in the CTG and 

the 2001 Model Rule. The OTC then 

developed the 2012 Model Rule for 

Solvent Degreasing (2012 Model Rule). 

The provisions set forth in the 2012 

Model Rule are more stringent than 

those currently included in the 

Delaware SIP and form the basis of the 

Delaware SIP revision we are proposing 

to approve in this rulemaking. This 

revision eliminates an existing 

exemption by adding provisions that 

apply to owners or operators of a 

solvent cleaning machine that uses any 

volume of solvent containing VOC. This 

revision also reduces the solvent VOC 

concentration from 100 percent to 25 

grams per liter of non-VOC solution for 

most applications. 

Certain areas of Delaware are 

designated as nonattainment for groundlevel ozone. Ground-level ozone is 

formed through the reaction of VOCs 

and other compounds in the air in the 

presence of sunlight. High levels of 

ground-level ozone can cause or worsen 

difficulty in breathing, asthma and other 

serious respiratory problems. In 

addition to improving public health and 

the environment, decreased emissions 

of VOCs, and therefore subsequently 

ground-level ozone, will contribute to 

the attainment of the ozone national 

ambient air quality standard (NAAQS). 

By removing an applicability 

exemption and decreasing the allowable 

solvent VOC concentration, the 2012 

Model Rule is expected to decrease 

emissions of VOCs. This reduction of 

VOC emissions from solvent cleaning 

operations will further reduce the 

formation of ground-ozone. Therefore, 

Delaware is amending their SIP to 

implement the updated 2012 Model 

Rule. 

II. Summary of SIP Revision and EPA 

Analysis 

This SIP revision, submitted by the 

State of Delaware on October 13, 2021, 

amends 7 DE Admin. Code 1124 section 

33.0, Solvent Cleaning and Drying. The 

amendments to section 33.1 

(Applicability) add provisions that 

apply to owners or operators of a 

solvent cleaning machine that uses any 

volume of solvent containing VOC. 

Therefore, the amendments eliminate 

the previous exemption for cold 

cleaning machines containing less than 

one liter of solvent and 5% by weight 

VOC. Section 33.1 also clarifies that it 

does not cover solvent cleaning 

machines that use the following 

hazardous air pollutants (HAPs): 

methylene chloride, perchloroethylene 

or 1,1,1-trichloroethane. Additionally, 


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Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Proposed Rules 38045 

this Section adds language that clarifies 

the provisions do not separate VOCs 

into categories such as a low-vapor 

pressure chemical compound (LVP– 

VOC) or mixture. 

The amendments to section 33.2 

(Definitions): (1) add clarity by defining 

the following terms that had been used 

in the prior version of the regulation but 

which had not previously been defined: 

Batch cold cleaning machine, Freeboard 

refrigeration device, Idling mode, In-line 

cold cleaning machine, Lip exhaust and 

Solvent; and (2) modify definitions for 

the following: Batch vapor cleaning 

machine, Cold cleaning machine, 

Freeboard height and Remote reservoir 

cold cleaning machine. 

Section 33.3 (Standards for batch cold 

cleaning machines) amendments allow 

cold cleaning machines to be heated 

below boiling and require the cold 

cleaning machines must remain leak 

free. Cold cleaning machines that are 

heated must have a temperature control 

device that will avoid overheating and 

prevent boiling of the cleaning solution. 

The amendments to section 33.3 are 

more stringent than the current SIP 

because they reduce the solvent VOC 

concentration from 100% to 25 grams of 

VOC per liter solution for most 

applications. Limited types of 

applications may use 150 grams VOC 

per liter of solution. A VOC content 

greater than 25 grams of VOC per liter, 

or 150 grams of VOC per liter for certain 

application types, may be used only 

with a VOC capture and control device 

that would control the VOC air 

emissions to no more than would be 

experienced if the cleaning solution 

were VOC compliant in absence of the 

capture and control device. These 

reductions in the allowed solvent VOC 

concentration will further reduce 

emissions of VOCs. 

Similarly, Section 33.5 (Standards for 

in-line cleaning machines) reduces the 

VOC content concentration for cleaning 

solution, from 100% to no more than 25 

grams of VOC per liter for cleaning 

standard parts and no more than 150 

grams VOC for printed circuit boards. 

The revisions to section 33.5 are more 

stringent than the current SIP and will 

further reduce emissions of VOCs. 

The amendment adds clarifying 

language which maintains there are no 

existing VOC content restrictions for the 

cleaning solvent used in the following: 

batch vapor cleaning machines, vapor 

in-line cleaning machines, machines not 

having a solvent/air interface, or vapor 

in-line cleaning machines under the 

alternative standard. 

Section 33.8 (Monitoring) adds 

provisions for the testing of the 

temperature control system. 

Amendments to section 33.9 

(Recordkeeping) require the owner or 

operator of a cold cleaning machine 

provide appropriate documentation that 

may be used for compliance. Section 

33.10 (Reporting) adds the requirement 

of specific documentation when 

obtaining any solvent containing VOC 

for use in a cold cleaning machine. 

Section 33.11 (Test Methods) requires 

the VOC content of materials subject to 

these provisions must be determined by 

EPA Reference Method 24, SCAQMD 

Method 304, or SCAQMD Method 313. 

In addition, the amendments include 

other non-substantive administrative 

wording edits and corrections. 

III. Proposed Action 

Delaware’s proposed SIP revisions to 

40 CFR 52.420(c), which incorporate 

amendments made to 7 DE Admin. Code 

1124 Section 33.0, will lower VOC 

concentration in solvent cleaning 

machines operated in Delaware and aid 

in reducing VOC emissions. These 

emissions are a cause of ground level 

ozone and reducing them will help 

Delaware and the surroundings areas to 

attain the ozone NAAQS. EPA has 

determined that this SIP revision meets 

the requirements of the CAA. Therefore, 

EPA is proposing to approve the 

October 13, 2021, SIP revision which 

sets limits on the VOC concentration of 

solvents that apply to all owners or 

operators of a solvent cleaning machines 

in Delaware. EPA is soliciting public 

comment on the issues discussed in this 

document. These comments will be 

considered before taking final action. 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Delaware’s Solvent Cleaning and Drying 

requirements as described in 7 DE 

Admin. Code 1124, Control of Volatile 

Organic Compound Emissions, see 

sections II and III of this document. EPA 

has made, and will continue to make, 

these materials generally available 

through https://www.regulations.gov 

and at the EPA Region III Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule 

regarding VOC content used during 

solvent cleaning and drying in 

Delaware, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

State, and EPA notes that it will not 


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38046 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Proposed Rules 

1A complete list of EPA-issued CTGs and ACTs 

with links to each CTG or ACT can be found at 

https://www.epa.gov/ground-level-ozone-pollution/ 

control-techniques-guidelines-and-alternativecontrol-techniques. 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Environmental protection, 

Ozone, Volatile organic compounds. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2022–13661 Filed 6–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0855; FRL–8941–01– 

R3] 

Air Plan Approval; Virginia; Negative 

Declaration Certification for the 2015 

Ozone National Ambient Air Quality 

Standard for the 2016 Oil and Natural 

Gas Control Techniques Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. This revision provides 

Virginia’s determination for the 2015 

Ozone national ambient air quality 

standards (NAAQS), via a negative 

declaration, that there are no sources 

within the Northern Virginia volatile 

organic compound (VOC) Emissions 

Control Area subject to EPA’s 2016 Oil 

and Natural Gas control techniques 

guidelines (2016 Oil and Gas CTG). The 

negative declaration covers only the 

2016 Oil and Gas CTG and asserts that 

there are no sources subject to this CTG 

located in the Northern Virginia VOC 

Emissions Control Area. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before July 27, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2021–0855 at https://

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Om 

P. Devkota, Planning & Implementation 

Branch (3AD30), Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, Four Penn Center, 

1600 John F. Kennedy Boulevard, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2172. 

Mr. Devkota can also be reached via 

electronic mail at Devkota.om@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

9, 2021, the Virginia Department of 

Environmental Quality (VADEQ) 

submitted the negative declaration for 

the 2016 Oil and Gas CTG for the 2015 

ozone NAAQS as a revision to the 

Virginia SIP. 

I. Background 

The CAA regulates emissions of 

nitrogen oxides (NOX) and VOCs to 

prevent photochemical reactions that 

result in ozone formation. Reasonably 

available control technology (RACT) is a 

strategy for reducing NOX and VOC 

emissions from stationary sources 

within areas not meeting the NAAQS for 

ozone. EPA has consistently defined 

‘‘RACT’’ as the lowest emission limit 

that a particular source is capable of 

meeting by the application of the 

control technology that is reasonably 

available considering technological and 

economic feasibility. 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include RACT, including RACT for 

existing sources of emissions. Section 

182(b)(2)(A) of the CAA requires that for 

areas designated nonattainment for an 

ozone NAAQS and classified as 

moderate, states must revise their SIP to 

include provisions to implement RACT 

for each category of VOC sources 

covered by a CTG document issued 

between November 15, 1990, and the 

date of attainment. Section 182(b)(2)(B) 

requires the same for CTGs issued 

before November 15, 1990. CAA section 

182(c) through (e) applies this 

requirement to states with areas 

designated nonattainment for an ozone 

NAAQS classified as serious, severe, 

and extreme. 

The CAA also imposes the same 

requirement on states in Ozone 

Transport Regions (OTR). Specifically, 

CAA section 184(b) provides that states 

in an OTR must revise their SIP to 

implement RACT with respect to all 

sources of VOC in the OTR covered by 

a CTG document issued before or after 

November 15, 1990, even for areas 

designated attainment within the OTR. 

CAA section 184(a) establishes a single 

OTR comprised of 11 eastern states and 

the Consolidated Metropolitan 

Statistical Area (CMSA) that includes 

the District of Columbia. Portions of 

Northern Virginia are in the CMSA and 

therefore the OTR. The rest of Virginia 

is not in the OTR. The Virginia portion 

of the OTR includes the following areas: 

Arlington County, Fairfax County, 

Loudoun County, Prince William 

County, Stafford County, Alexandria 

City, Fairfax City, Falls Church City, 

Manassas City, and Manassas Park City. 

Collectively, these areas will be referred 

to as the ‘‘Northern Virginia VOC 

Emissions Control Area’’ or the 

‘‘Northern Virginia area.’’ Finally, 

Section 182(f) requires that plan 

provisions required under subpart 4 of 

part D of title I of the CAA, which 

includes sections 182 through 184, for 

major sources of VOC shall also apply 

to major stationary sources of oxides of 

nitrogen in ozone nonattainment areas. 

CTGs and alternative control 

techniques (ACTs) form important 

components of the guidance that EPA 

provides to states for making RACT 

determinations.1 CTGs are used to 

presumptively define VOC RACT for 

applicable source categories. States 

subject to RACT requirements are 

required to adopt controls that are at 

least as stringent as those found in the 

CTG either by adopting regulations or 

issuing single-source orders or permits 

that outline what the source is required 

to do to meet RACT. On October 27, 

2016 (81 FR 74798), EPA published in 

the Federal Register the ‘‘Release of 

Final Control Techniques Guidelines for 

the Oil and Natural Gas Industry.’’ This 

2016 Oil and Gas CTG provided 

information to state, local, and tribal air 

agencies to assist in determining RACT 


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