[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Rules and Regulations]
[Pages 67282-67285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22128]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0095; FRL-10014-96-Region 4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision to the Jefferson County portion of 
the Kentucky 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

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the Louisville Metro Air Pollution Control District (LMAPCD) and makes 
changes to the definition of ``Volatile Organic Compound'' (VOC). EPA 
is approving 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: This rule is effective November 23, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0095. 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 can either 
be retrieved 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: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOC and 
nitrogen oxides (NOX) 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 have different levels of reactivity; they do not react 
at the same speed or do not 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.
    EPA determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. It is EPA's policy that compounds of carbon with negligible 
reactivity be excluded from the regulatory definition of VOC. See 42 FR 
35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). 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 Commonwealth's Submission

    EPA is approving 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 approves the 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).
    In a notice of proposed rulemaking (NPRM) published on July 6, 2020 
(85 FR 40158), EPA proposed to approve the Commonwealth's September 5, 
2019, SIP submission. The July 6, 2020, NPRM provides additional detail 
regarding the background and rationale for EPA's action. Comments on 
the July 6, 2020, NPRM were due on or before August 5, 2020. EPA 
received two non-adverse comments on July 22, 2020, and August 5, 2020. 
EPA has determined that these comments were irrelevant to the subject 
of the July 6, 2020, NPRM. These comments are publicly available at the 
EPA docket for this action under Docket Identification No. EPA-R04-OAR-
2020-0095.

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 LMAPCD 
Regulation 1.02, Definitions, version 15, state-effective June 19, 
2019, which makes changes to the definition of Volatile Organic 
Compound 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). 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 Kentucky's September 5, 2019, SIP submission, 
which revises the definition of ``Volatile Organic Compound (VOC)'' at 
subsection 1.84.1 in LMAPCD Regulation 1.02, Definitions, by adding: 
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) to the list 
of organic compounds having negligible photochemical reactivity. EPA is 
also finalizing the addition of a new subsection 1.84.2 that includes 
instructions on how to access copies of the CFR.

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 December 21, 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) of the 
CAA.

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.

    Dated: September 30, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the 40 CFR part 52 is 
amended 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. Section 52.920(c), Table 2, is amended under ``Reg 1--General 
Provisions'' by revising the entry for ``1.02'' to read as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                  EPA approval       Federal         District
             Reg                 Title/subject        date       Register notice  effective date    Explanation
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                                            Reg 1--General Provisions
 
                                                  * * * * * * *
1.02.........................  Definitions.....      10/22/2020  [Insert               6/19/2019
                                                                  citation of
                                                                  publication].
 

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[FR Doc. 2020-22128 Filed 10-21-20; 8:45 am]
BILLING CODE 6560-50-P