[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Proposed Rules]
[Pages 40158-40160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14093]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0095; FRL-10010-99-Region 4]


Air Plan Approval; Kentucky: Revisions to Jefferson County VOC 
Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 40159]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a SIP revision 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 revision was submitted by the 
Cabinet on behalf of the Louisville Metro Air Pollution Control 
District (LMAPCD) and makes changes to the definition of ``volatile 
organic compound'' (VOC). EPA is proposing to approve the changes 
amending the definition of VOC because the Commonwealth has 
demonstrated that the changes are consistent with the Clean Air Act 
(CAA or Act).

DATES: Comments must be received on or before August 5, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0095 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: Tiereny Bell, 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. Ms. Bell can be reached 
by phone at (404) 562-9088 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOC and 
nitrogen oxides react in the atmosphere in the presence of sunlight. 
Because of the harmful health effects of ozone, EPA and state 
governments implement rules to limit the amount of certain VOC and NOx 
that can be released into the atmosphere. VOC 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. VOC have different 
levels of reactivity; they do not react at the same speed or form ozone 
to the same extent.
    Section 302(s) of the CAA specifies that EPA has the authority to 
define the meaning of ``VOC,'' and hence, what compounds shall be 
treated as VOC for regulatory purposes. It is EPA's policy that 
compounds of carbon with negligible reactivity need not be regulated to 
reduce ozone and should be excluded from the regulatory definition of 
VOC. See 42 FR 35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). 
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.

II. Analysis of State's Submittal

    EPA is proposing to approve the Commonwealth's SIP revision which 
amends the definition of ``Volatile organic compound (VOC)'' at Section 
1.84 in LMAPCD Regulation 1.02, Definitions.\1\ This SIP revision 
removes an enumerated list of negligibly reactive compounds and 
incorporates by reference the list of negligibly reactive compounds in 
the definition of VOC at 40 CFR 51.100(s)(1) as of July 1, 2018, into a 
new subsection 1.84.1 to ensure that the definition of VOC for the 
Jefferson County portion of the Commonwealth's SIP is consistent with 
the most recent version of the federal definition.\2\ As a result of 
this incorporation by reference, the SIP revision adds exclusions to 
the definition of VOC that were not previously in the Jefferson County 
portion of the Commonwealth's SIP.
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    \1\ On September 5, 2019, the Commonwealth submitted other SIP 
revisions which will be addressed in separate actions.
    \2\ EPA approved revisions to the Jefferson County portion of 
the Kentucky SIP on July 25, 2019. See 84 FR 35828.
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    This incorporation by reference has the effect of adding the 
following compounds to the list of negligibly reactive compounds: 
trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H(HFE-
134); HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2H (HFE-338pcc13); 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-
3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-
methyl-1-propanol; 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) 
ethane; cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z). These 
compounds are excluded from the VOC definition on the basis that each 
of these compounds make a negligible contribution to tropospheric ozone 
formation. EPA proposes to find that these changes to the SIP will not 
interfere with attainment or maintenance of any national ambient air 
quality standard, reasonable further progress, or any other applicable 
requirement of the CAA, consistent with CAA section 110(l), because EPA 
has found the chemicals listed in 40 CFR 51.100(s)(1) to be negligibly 
reactive. This SIP revision also adds a new subsection 1.84.2 that 
includes instructions on how to access copies of the Code of Federal 
Regulations (CFR).

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 LMAPCD Regulation 1.02, Definitions, Section 1.84, state-
effective June 19, 2019, to revise the definition of ``Volatile organic 
compound (VOC)'' by referencing the federal list of negligibly reactive 
compounds and including instructions on how to access the CFR. 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 Commonwealth's September 5, 2019 
SIP revision that revises the definition of ``Volatile organic compound 
(VOC)'' at LMAPCD Regulation 1.02, Definitions, in the Jefferson County 
portion of the Kentucky SIP to be consistent with federal regulations 
and CAA requirements.

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

[[Page 40160]]

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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 24, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-14093 Filed 7-2-20; 8:45 am]
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