[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Proposed Rules]
[Pages 11919-11920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06111]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0807; FRL-9991-46-Region 4]


Air Plan Approval; Kentucky; Jefferson County Existing and New 
VOC Water Separators Rule Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve two revisions to the Jefferson County portion of the Kentucky 
State Implementation Plan (SIP), submitted by the Commonwealth of 
Kentucky, through the Kentucky Division of Air Quality (KDAQ), through 
a letter dated March 15, 2018. The changes were submitted by KDAQ on 
behalf of the Louisville Metro Air Pollution Control District (LMAPCD) 
(also referred to herein as Jefferson County) and make minor 
ministerial amendments to applicability dates and clarify standards 
applicable to both existing and new volatile organic compounds (VOC) 
water separators. EPA is proposing to approve these changes because 
they are consistent with the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before April 29, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0807 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: Evan Adams of the 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) 562-9009. Mr. Adams can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?

    Through a letter dated March 15, 2018, KDAQ provided SIP revisions 
to EPA for the approval of changes to the Jefferson County Regulations 
6.26 and 7.36.\1\ EPA is proposing to approve the changes to Jefferson 
County Regulation 6.26, Standards of Performance for Existing Volatile 
Organic Compound Water Separators, and Regulation 7.36, Standards of 
Performance for New Volatile Organic Compound Water Separators. The SIP 
revisions update the current SIP-approved versions of Regulation 6.26 
(Version 2) and Regulation 7.36 (Version 3) to Version 3 and Version 4, 
respectively. The changes that are being proposed for approval in this 
rulemaking, and EPA's rationale for proposing approval, are described 
in more detail below.
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    \1\ EPA notes that the Agency received this SIP revision on 
March 23, 2018, along with other revisions to the Jefferson County 
portion of the Kentucky SIP. EPA will be considering action for 
those SIP revisions in a separate rulemaking.
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II. EPA's Analysis of the State Submittal

    The changes to Jefferson County Air Quality Regulations 6.26 and 
7.36 are administrative in nature. The amendments to each regulation's 
Section 1, Applicability, better align the two regulations, reconciling 
and clarifying their respective applicability based on the date of a 
facility's existence, construction, modification, or reconstruction. In 
the current SIP-approved versions, the regulations' applicability 
overlaps by approximately four years, with Regulation 6.26 covering 
facilities built before that regulation's original effective date 
(which is September 1, 1976), and Regulation 7.36 covering facilities 
built on or after that regulation's original

[[Page 11920]]

effective date (which is April 19, 1972). Previously, the regulations' 
Applicability sections both referenced the ``effective date of this 
regulation.'' Jefferson County has changed both regulations to identify 
specifically the relevant applicability date, April 19, 1972. 
Regulation 6.26, Standards of Performance for Existing Volatile Organic 
Compound Water Separators, applies to VOC water separators that 
commenced construction, modification, or reconstruction on or before 
April 19, 1972. Regulation 7.36, Standards of Performance for New 
Volatile Organic Compound Water Separators, applies to VOC water 
separators that commenced construction, modification, or reconstruction 
after April 19, 1972. The addition of the specific date is an 
administrative change that clarifies the applicability of Regulations 
6.26 and 7.36.

III. Why is EPA proposing this action?

    The March 15, 2018, SIP revisions that are the subject of this 
proposed rulemaking address the overlap of four years between the 
applicability dates of standards for new and existing VOC water 
separators. The SIP revisions clarify the regulations' applicability by 
eliminating the date overlap. They also clarify that all VOC water 
separators, whether in being as of April 19, 1972, or having commenced 
construction, modification or reconstruction after this specified date, 
are subject to a regulation. EPA preliminarily agrees that these 
changes make the regulations for VOC water separators clearer and 
therefore is proposing approval of these changes to the Kentucky SIP. 
EPA views these changes as administrative in nature and does not 
anticipate that they will result in a change in emissions.

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 requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference changes to the Louisville Metro Air Pollution Control 
District portion of the Kentucky SIP at Regulation 6.26, Standards of 
Performance for Existing Volatile Organic Compound Water Separators, 
Version 3, and Regulation 7.36, Standards of Performance for New 
Volatile Organic Compound Water Separators, Version 4, state effective 
January 17, 2018. EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 4 office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Proposed Action

    EPA is proposing to approve the aforementioned changes to the 
Jefferson County portion of the Kentucky SIP because the changes are 
consistent with section 110 of the CAA and will not interfere with the 
NAAQS or any other applicable requirement of the Act. The changes are 
administrative in nature and clarify the regulations' applicability.

VI. 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. This action merely 
proposes to approve 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.

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

    Dated: March 18, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-06111 Filed 3-28-19; 8:45 am]
 BILLING CODE 6560-50-P