[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35101-35104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15740]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0365; FRL-9965-30-Region 4]


Air Plan Approval; Kentucky; Revisions to Louisville; Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On August 29, 2012, the Commonwealth of Kentucky, through the 
Kentucky Division for Air Quality (KDAQ), submitted changes to the 
Kentucky State Implementation Plan (SIP) on behalf of the Louisville 
Metro Air Pollution Control District (District). The Environmental 
Protection Agency (EPA) is taking direct final action to approve a 
portion of the submission that modifies the District's air quality 
regulations as incorporated into the SIP. Specifically, the revision 
pertains to definitional changes, including the modification of the 
definition of ``volatile organic compounds'' (VOCs). EPA is taking 
direct final action to approve this portion of the SIP revision because 
the Commonwealth has demonstrated that these changes are consistent 
with the Clean Air Act (CAA or Act). EPA will act on the other portion 
of KDAQ's August 29, 2012, submittal in a separate action.

DATES: This direct final rule is effective September 26, 2017 without 
further notice, unless EPA receives adverse comment by August 28, 2017. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0365 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In this rulemaking, EPA is proposing to approve a portion of the 
changes to the Louisville Metro air quality regulations in the Kentucky 
SIP, submitted by the Commonwealth on August 29, 2012. The submission 
revises Louisville Metro Regulation 1.02--Definitions and Regulation 
2.03--Permit Requirements: Non-Title V Construction and Operating 
Permits and Demolition/Renovation Notices and Permit Requirements. This 
rulemaking only pertains to Regulation 1.02, which adds, removes, and 
modifies several definitions and titles in the SIP,

[[Page 35102]]

including the modification of the definition of VOCs. EPA is not taking 
action on the proposed changes to Regulation 2.03 at this time.
    As it relates to the modification of the definition of VOCs, SIPs 
contain compounds of carbon that need not be regulated to reduce ozone. 
See 42 FR 35314, July 8, 1977. Tropospheric ozone, commonly known as 
smog, occurs when VOCs and nitrogen oxides (NOx) react in the 
atmosphere. Because of the harmful health effects of ozone, EPA limits 
the amount of VOCs and NOx that can be released into the atmosphere. 
VOCs are those compounds of carbon (excluding carbon monoxide, carbon 
dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 
carbonate) that form ozone through atmospheric photochemical reactions. 
Compounds of carbon (or organic compounds) have different levels of 
reactivity; they do not react at the same speed, or do not form ozone 
to the same extent.
    EPA determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. EPA lists these compounds in its regulations at 40 CFR 
51.100(s) and excludes them from the definition of VOC. The chemicals 
on this list are often called ``negligibly reactive.'' EPA may 
periodically revise the list of negligibly reactive compounds to add or 
delete compounds.
    On November 29, 2004, January 18, 2007, and January 21, 2009, EPA 
issued final rules revising the definition of VOCs to add new 
negligibly reactive compounds and make nomenclature clarifications to 
previously-exempted compounds. The compounds that are being modified in 
this SIP revision are 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-
C3F7OCH3) (known as HFE-7000), methyl formate 
(HCOOCH3), 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane 
(C4F9OCH3) (known as HFE-7100), and 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 
(C4F9OC2H5) (known as HFE-
7200).\1\ The Commonwealth's August 29, 2012, SIP revision modifies 
these compounds by adding the nomenclature clarifications in its SIP-
approved definition of VOCs.
---------------------------------------------------------------------------

    \1\ In EPA's November 29, 2004, final rulemaking, the Agency 
adds 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-
C3F7OCH3) (known as HFE-7000) and methyl 
formate (HCOOCH3) to the list of excluded compounds from 
the definition of VOCs. In the same rulemaking, EPA makes 
nomenclature clarifications to the previously-exempted compounds 
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy- butane 
(C4F9OCH3) (known as HFE-7100) and 
1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 
(C4F9OC2H5) (known as 
HFE-7200). See 69 FR 69290. The Commonwealth's SIP currently 
contains these compounds.
---------------------------------------------------------------------------

    The compounds that are being added to the list of negligibly 
reactive compounds in this SIP revision are methoxy-4-trifluoromethyl-
pentane (also known as HFE-7300) or 
C2F5CF(OCH3)CF(CF3)2
,\2\ dimethyl carbonate, and propylene carbonate.\3\ HFE-7300 has a 
variety of potential uses including heat transfer fluids in heat 
transfer processes and as a substitute for ozone depleting substances 
and substances with high global warming potential. Because HFEs do not 
contain chlorine or bromine, these compounds do not contribute to the 
depletion of the ozone layer and have ozone depletion potential values 
of zero. Dimethyl carbonate may be used as a solvent in paints and 
coatings. Propylene carbonate has been used in cosmetics as an adhesive 
component in food packaging and as a solvent for aerial pesticide 
application. In the past, EPA has considered three different metrics to 
compare the reactivity of a specific compound to that of ethane: (i) 
The reaction rate constant with the hydroxyl radical (known as 
kOH), (ii) maximum incremental reactivities (MIR) expressed 
on a reactivity per gram (mass) basis, and (iii) MIR expressed on a 
reactivity per mole basis. When compared to ethane, both dimethyl 
carbonate and propylene carbonate were added to the list of exempt 
compounds and deemed negligibly reactive since they are equal to or 
less reactive than ethane on a mass basis. As a result of this 
determination, the Commonwealth is updating the Louisville Metro 
portion of its SIP to be consistent with Federal regulations.
---------------------------------------------------------------------------

    \2\ In EPA's January 18, 2007, final rulemaking, the Agency adds 
methoxy-4-trifluoromethyl-pentane (also known as HFE-7300) or 
C2F5CF(OCH3)CF(CF3)2
 to the list of excluded compounds from the definition of VOCs. See 
72 FR 2193.
    \3\ In EPA's January 21, 2009, final rulemaking, the Agency adds 
dimethyl carbonate and propylene carbonate to the list of excluded 
compounds from the definition of VOCs. See 74 FR 3441.
---------------------------------------------------------------------------

II. EPA's Analysis of Kentucky's SIP Revision

    The August 29, 2012, SIP submission revises Regulation 1.02 by 
adding, removing, and modifying definitions and titles within the SIP. 
Specifically, all instances of ``Jefferson County'' have been replaced 
with ``Louisville Metro'' due to the merger of the City of Louisville 
and Jefferson County governments. The proposed SIP submission also 
makes changes to the definition of ``Cabinet'' to reflect the name 
change of the Cabinet of the Commonwealth of Kentucky. The remainder of 
the changes to Regulation 1.02 consist of updates to the definitions to 
make them consistent with definitions used by EPA, specifically the 
modifications and additions to exemptions from the definition of VOCs. 
The changes also include renumbering the entire regulation as a result 
of the removal of the terms ``cancer,'' ``carcinogen,'' ``chronic 
noncancer effect,'' ``toxic air contaminant,'' and ``toxic air 
pollutant.'' The terms ``cancer,'' ``carcinogen,'' ``chronic noncancer 
effect,'' ``toxic air contaminant,'' and ``toxic air pollutant'' while 
deleted from Regulation 1.02, have been moved to Regulation 5.00. In 
this action, EPA is approving the renumbering of this regulation 
because these terms have been moved. Modifications are also being made 
to the term ``acute noncancer effect.'' EPA is not approving changes to 
the term ``acute noncancer effect'' because EPA only approves terms 
that relate to the attainment and maintenance of the national ambient 
air quality standards.
    EPA believes that these proposed changes to the regulatory portion 
of the SIP are consistent with section 110 of the CAA and meet the 
regulatory requirements pertaining to SIPs. Pursuant to CAA section 
110(l), the Administrator shall not approve a revision of a plan if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in CAA section 
171), or any other applicable requirement of the Act. With respect to 
the District's addition of exemptions from the definition of VOCs, the 
change is approvable under section 110(l) because it reflects changes 
to Federal regulations based on findings that the exempted compounds 
are negligibly reactive. With respect to the District's renumbering and 
wording changes, the changes are approvable under section 110(l) 
because they are ministerial in nature.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Louisville 
Metro Regulation 1.02--Definitions (except for the change to the term 
``acute noncancer effect''), effective June 15, 2011, changes to 
definitions. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking

[[Page 35103]]

of EPA's approval, and will be incorporated by reference by the 
Director of the Federal Register in the next update to the SIP 
compilation.\4\ EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in the For 
Further Information Contact section of this preamble for more 
information)
---------------------------------------------------------------------------

    \4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    EPA is taking direct final action to approve portions of Kentucky's 
August 29, 2012 submission submitted by the Commonwealth of Kentucky 
through KDAQ on behalf of the District. The submission revises 
Louisville Metro Regulation 1.02--Definitions, except for the changes 
to the definition ``Acute noncancer effect.''
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective September 26, 
2017 without further notice unless the Agency receives adverse comments 
by August 28, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on September 26, 2017 and 
no further action will be taken on the proposed rule.

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 Act and applicable 
Federal regulations. See 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 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 26, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Sulfur 
dioxide, Reporting and recordkeeping requirements.

    Dated: July 11, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart S--Kentucky

0
2. Section 52.920(c), is amended under Table 2--EPA-Approved Jefferson 
County Regulations for Kentucky, Reg 1--General Provisions, by revising 
the entry for ``1.02'' to read as follows:

[[Page 35104]]

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
                                                 EPA approval       Federal         District
             Reg                Title/subject        date       Register notice  effective date    Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1.02.........................  Definitions....       7/28/2017  [Insert               6/15/2011  Changes to
                                                                 citation of                      Definitions
                                                                 publication].                    with the
                                                                                                  exception of
                                                                                                  the term
                                                                                                  ``acute
                                                                                                  noncancer
                                                                                                  effect.''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2017-15740 Filed 7-27-17; 8:45 am]
 BILLING CODE 6560-50-P