[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
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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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