[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Proposed Rules]
[Pages 17127-17129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08164]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0822; FRL-9992-58-Region 4]


Air Plan Approval; KY; Jefferson County Existing and New 
Miscellaneous Metal Parts and Products Surface Coating Operations

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), provided by the Commonwealth of 
Kentucky, through the Kentucky Division of Air Quality (KDAQ), through 
a letter dated March 15, 2018. The revisions were submitted by KDAQ on 
behalf of the Louisville Metro Air Pollution Control District (LMAPCD) 
(also referred to herein as Jefferson County) and add a recordkeeping 
provision for certain sources of volatile organic compounds (VOC) along 
with other administrative changes. EPA is proposing to approve the 
changes because they are consistent with the Clean Air Act (CAA or 
Act).

DATES: Comments must be received on or before May 24, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0822 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 submitted SIP revisions 
to EPA for approval that include changes to the Jefferson County 
portion of the Kentucky SIP.\1\ In this action EPA is proposing to 
approve the changes to Jefferson County Regulation 6.31, Standards of 
Performance for Existing Miscellaneous Metal Parts and Products Surface 
Coating Operations, and Regulation 7.59, Standards of Performance for 
New Miscellaneous Metal Parts and Products Surface

[[Page 17128]]

Coating Operations. The SIP revisions update the current SIP-approved 
versions of Regulation 6.31 (Version 5) and Regulation 7.59 (Version 5) 
to Version 6 of each. 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 these SIP revisions 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. Background

    EPA has found that surface coatings of miscellaneous metal parts 
and products operations emit hazardous air pollutants (HAP). See, e.g., 
69 FR 129. Regulation of these sources protects air quality and 
promotes the public health by reducing emissions of HAP into the 
environment. The organic HAP emitted by surface coatings of 
miscellaneous metal parts and products operations are VOC as defined by 
40 CFR 51.100(s).\2\
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    \2\ Specifically, the organic HAP emitted by these operations 
include xylenes, toluene, methyl ethyl ketone (MEK), phenol, 
cresols/cresylic acid, glycol ethers (including ethylene glycol 
monobutyl ether (EGBE)), styrene, methyl isobutyl ketone (MIBK), and 
ethyl benzene. See 69 FR 129. The aforementioned compounds are 
identified as VOC in 40 CFR 51.100(s)(1).
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    Tropospheric ozone, commonly known as smog, occurs when VOC and 
nitrogen oxides (NOx) react in the atmosphere. Because of the harmful 
health effects of ozone, EPA limits the VOC and NOx emissions that can 
be released into the atmosphere. VOC are compounds of carbon excluding 
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, or 
carbonates, and ammonium carbonate, which participates in atmospheric 
photochemical reactions, including in the formation of ozone. The 
compounds of carbon (or organic compounds) have different levels of 
photochemical reactivity, therefore, they do not form ozone to the same 
extent.\3\
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    \3\ The Commonwealth of Kentucky has made similar changes to the 
Kentucky SIP defining VOC to be consistent with the Federal 
definitions in 40 CFR 51.100(s). See 72 FR 52282 for Kentucky.
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    Jefferson County Air Quality Regulations 6.31 and 7.59 address VOC 
emitted by miscellaneous metal parts and products surface coating 
operations at existing and new facilities, respectively. Regulation 
6.31, Standards of Performance for Existing Miscellaneous Metal Parts 
and Products Surface Coating Operations, as amended in Version 6, 
applies to each affected facility ``that was in being or commenced 
construction, modification, or reconstruction before May 20, 1981.'' 
Regulation 7.59, Standards of Performance for New Miscellaneous Metal 
Parts and Products Surface Coating Operations, applies to newer 
affected facilities.
    In this action, EPA is proposing to approve changes to Regulations 
6.31 and 7.59. In Section 6, Recordkeeping, of each regulation, a 
recordkeeping requirement for otherwise-exempt facilities has been 
added. Previously, facilities that qualified for an exemption according 
to Paragraph 5.1 of Section 5, Exemptions, were not subject to the 
requirements of the regulation, and facilities that qualified for an 
exemption according to Paragraph 5.2 of Section 5 were not subject to 
the requirements in Section 3, Standards for Volatile Organic 
Compounds. The new recordkeeping provision improves the regulations by 
requiring facilities to maintain records on an annual basis that 
support their exemption status.
    EPA is also proposing to approve a minor, administrative change to 
Regulation 6.31, Section 1, Applicability, that clarifies the 
regulation's applicability based on the date that a facility was in 
existence or commenced construction, modification, or reconstruction.

III. Why is EPA proposing this action?

    The March 15, 2018, SIP revisions that are the primary subject of 
this proposed rulemaking strengthen Regulations 6.31 and 7.59 by 
requiring facilities claiming an exemption to maintain records 
supporting that claim. In Section 6, Recordkeeping, a detailed 
description of the recordkeeping parameters is outlined in Paragraphs 
6.1 through 6.4. Paragraph 6.5 is added and applies to any facility 
claiming an exemption pursuant to Section 5, Exemptions. Paragraph 6.5 
requires the previously exempt facilities to keep records sufficient to 
demonstrate the applicability of the claimed exemption. For the 
facilities specifically claiming exemption pursuant to Paragraph 5.2, 
the records shall include, but not be limited to, the potential VOC 
emissions from all processes or process operations subject to this 
regulation prior to any add-on controls on a rolling twelve-month 
basis. The additional provision will provide more detailed information 
to the State concerning the emissions of the exempt process. They are 
not required to be monitored like larger sources but must be able to 
prove their exemption yearly by following the criteria in Section 3, 
Standards of Volatile Organic Compounds. EPA is preliminarily 
determining that these changes strengthen the regulations for 
miscellaneous metal parts and products coating operations. EPA views 
these changes as being consistent with the CAA and does not believe 
that these changes will result in a change in emissions.
    The change to Section 1, Applicability, of Regulation 6.31, 
clarifies the facilities to which the regulation applies based on when 
the facilities were ``in being or commenced construction, modification, 
or reconstruction.'' EPA views this minor, administrative change as 
consistent with the CAA and does not believe that these changes will 
result in a change in emissions.

IV. Incorporation by Reference

    In this action, 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 Louisville Metro Air Pollution Control District portion of 
the Kentucky SIP at Regulation 6.31, Standards of Performance for 
Existing Miscellaneous Metal Parts and Products Surface Coating 
Operations, Version 6, and Regulation 7.59 Standards of Performance for 
New Miscellaneous Metal Parts and Products Surface Coating Operations, 
Version 6, 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 meet the regulatory 
requirements. The amendments include the addition of a recordkeeping 
provision in Section 5, Recordkeeping, of both Regulations 6.31 and 
7.59, as well as the clarification of Section 1, Applicability, in 
Regulation 6.31.

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:

[[Page 17129]]

     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: April 11, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-08164 Filed 4-23-19; 8:45 am]
 BILLING CODE 6560-50-P