[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54510-54513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0103; FRL-10012-91-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Jefferson County portion of the Kentucky State 
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky 
(Commonwealth), through

[[Page 54511]]

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 make 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 approving the change to both 
regulations as it is consistent with the Clean Air Act (CAA or Act).

DATES: This rule is effective October 2, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0103. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the 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. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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 approving 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 change clarifies 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 update 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. Analysis of State Submission

    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 
action, EPA is approving 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 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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    In a notice of proposed rulemaking (NPRM) published on May 4, 2020 
(85 FR 26418), EPA proposed to approve the revisions to the Jefferson 
County portion of the Kentucky SIP, provided on September 5, 2019. 
Comments on the NPRM were due on or before June 3, 2020. Only one 
comment was received in favor of the action.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of 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). Therefore, these 
materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the Louisville Metro Air Pollution Control 
District's September 5, 2019, SIP submission, which clarifies the 
applicability of

[[Page 54512]]

surface coating standard exemptions as it pertains to Section 3 of 
Regulation 6.13 and 7.59.

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 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 2, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

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.

    Dated: July 31, 2020.
Mary Walker,
Regional Administrator, Region 4.
    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart (S)--Kentucky

0
2. In 52.920 amend Table 2 in paragraph (c) by:
0
a. Under ``Reg 6--Standards of Performance for Existing Affected 
Facilities'' revising the entry for ``6.31''; and
0
b. Under ``Reg 7--Standards of Performance for New Affected 
Facilities'' revising the entry for ``7.59''.
    The revisions read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                                               District
         Reg            Title/subject     EPA approval    Federal Register     effective         Explanation
                                              date             notice            date
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                        Reg 6--Standards of Performance for Existing Affected Facilities
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                                                  * * * * * * *
6.31................  Standards of               9/2/20  [Insert citation          6/19/19
                       Performance for                    of publication].
                       Existing
                       Miscellaneous
                       Metal Parts and
                       Products Surface
                       Coating
                       Operations.
 

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                                                  * * * * * * *
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                           Reg 7--Standards of Performance for New Affected Facilities
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                                                  * * * * * * *
7.59................  Standards of               9/2/20  [Insert citation          6/19/19
                       Performance for                    of publication].
                       New
                       Miscellaneous
                       Metal Parts and
                       Products Surface
                       Coating
                       Operations.
 
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[FR Doc. 2020-17229 Filed 9-1-20; 8:45 am]
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