[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Proposed Rules]
[Pages 26418-26419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08905]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0103; FRL-10008-44--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 revisions to the Jefferson County portion of the Kentucky State 
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky 
(Commonwealth), through the Energy and Environment Cabinet (Cabinet) on 
September 5, 2019. The revisions were submitted by the Cabinet on 
behalf of the Louisville Metro Air Pollution Control District and makes 
a singular change to two regulations for clarity purposes regarding the 
applicability of exempt surface coating standards for existing and new 
miscellaneous metal parts and products operations. EPA is proposing to 
approve the changes as they are consistent with the Clean Air Act (CAA 
or Act).

DATES: Comments must be received on or before June 3, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0103 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is proposing to approve a change to Regulation 6.31, Standard 
of Performance for Existing Miscellaneous Metal Parts and Products 
Surface Coating Operations, and Regulation 7.59, Standard of 
Performance for New Miscellaneous Metal Parts and Products Surface 
Coating Operations, of the Jefferson County portion of the Kentucky 
SIP, submitted by the Commonwealth on September 5, 2019. The SIP 
revisions clarify the applicability of the surface coating standard 
exemptions as it pertains to Section 3 of Regulations 6.31 and 7.59. 
The SIP revisions ensure consistency across the regulations and updates 
the current SIP-approved version of Regulation 6.31 (Version 6) and 
Regulation 7.59 (Version 6) to Version 7 of each.
    EPA has found that surface coatings of miscellaneous metal parts 
and products operations emit hazardous air pollutants (HAP). See 69 FR 
129 (January 2, 2004). Regulation of these sources protects air quality 
and promotes public health by reducing HAP emissions into the 
environment. The organic HAP emitted by surface coatings and 
miscellaneous metal parts and products operations are volatile organic 
compounds (VOC), as defined by 40 CFR 51.100(s).\1\
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    \1\ 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, and carbonates, 
and ammonium carbonate, which participate 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.

II. EPA's Analysis of the Submittal

    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. In this 
proposed action, EPA is proposing to approve a change to these two 
regulations. In Paragraph 5.1 of Section 5, Exemptions, of both 
regulations, clarifying text is being added to ensure consistency with 
Paragraph 5.2. In the SIP-approved versions of these regulations, 
Paragraph 5.1 lists the types of surface coatings that are ``exempt 
from this regulation'' and Paragraph 5.2 exempts any affected facility 
from Section 3 (Standards for Volatile Organic Compounds) if the total 
VOC emissions \2\ from all affected facilities subject to this 
regulation are less than or equal to five tons per year. The SIP 
revisions create consistency between Paragraphs 5.1 and 5.2 by 
clarifying that the exemption in Paragraph 5.1 applies only to Section 
3 (i.e., the phrase ``exempt from this regulation'' is replaced with 
``exempt

[[Page 26419]]

from the standards in Section 3 of this regulation''). These revisions 
do not change how the regulation operates and solely serves as an 
update to clarify that the exemption only applies to emissions 
standards in each regulation, as recordkeeping requirements are still 
explicitly required.
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    \2\ Potential emissions prior to any add-on controls.
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III. 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 Louisville Metro Air Pollution Control District Regulation 
6.31, Standard of Performance for Existing Miscellaneous Metal Parts 
and Products Surface Coating Operations, Version 7, and Regulation 
7.59, Standard of Performance for New Miscellaneous Metal Parts and 
Products Surface Coating Operations, Version 7, state effective June 
19, 2019. 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).

IV. Proposed Action

    EPA is proposing to approve the change to Regulation 6.31, Standard 
of Performance for Existing Miscellaneous Metal Parts and Products 
Surface Coating Operations, and Regulation 7.59, Standard of 
Performance for New Miscellaneous Metal Parts and Products Surface 
Coating Operations, of the Jefferson County portion of the Kentucky SIP 
as submitted on September 5, 2019. This change clarifies the existing 
regulations' applicability and is consistent with the CAA.

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. 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 1955 (Pub. L. 104-4);
     Does not have Federalism implications as specified in the 
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 any other area 
where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, the rules do 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, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-08905 Filed 5-1-20; 8:45 am]
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