Air Plan Approval; Kentucky; Revisions to Louisville; Definitions, 35101-35104 [2017-15740]

Download as PDF Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations U.S.C. 4321–4370f), and have determined that it is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule establishes a temporary safety zone. It is categorically excluded under section 2.B.2, figure 2–1, paragraph 34(g) of the Instruction, which pertains to establishment of safety zones. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated in the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. permitted by the Captain of the Port Buffalo or his designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative. Dated: July 25, 2017. Joseph S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. List of Subjects in 33 CFR Part 165 [FR Doc. 2017–15973 Filed 7–27–17; 8:45 am] Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: BILLING CODE 9110–04–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T09–0714 to read as follows: ■ asabaliauskas on DSKBBXCHB2PROD with RULES § 165.T09–0714 Safety Zone; Ogdensburg Seaway Summer Festival, Saint Lawrence River, Ogdensburg, NY. (a) Location. The safety zone will encompass all waters of the Saint Lawrence River; Ogdensburg, NY contained within a 420-foot radius of: 44°42′04.4″ N., 075°29′41.3″ W. (NAD 83). (b) Enforcement period. This regulation will be enforced on July 28, 2017 from 9:45 p.m. until 10:45 p.m. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be VerDate Sep<11>2014 17:01 Jul 27, 2017 Jkt 241001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2017–0365; FRL–9965–30– Region 4] Air Plan Approval; Kentucky; Revisions to Louisville; Definitions Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: On August 29, 2012, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted changes to the Kentucky State Implementation Plan (SIP) on behalf of the Louisville Metro Air Pollution Control District (District). The Environmental Protection Agency (EPA) is taking direct final action to approve a portion of the submission that modifies the District’s air quality regulations as incorporated into the SIP. Specifically, the revision pertains to definitional changes, including the modification of the definition of ‘‘volatile organic compounds’’ (VOCs). EPA is taking direct final action to approve this portion of the SIP revision because the Commonwealth has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act). EPA will act on the other portion of KDAQ’s August 29, 2012, submittal in a separate action. SUMMARY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 35101 This direct final rule is effective September 26, 2017 without further notice, unless EPA receives adverse comment by August 28, 2017. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2017–0365 at https:// 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 https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9140. Ms. Ward can be reached via electronic mail at ward.nacosta@epa.gov. SUPPLEMENTARY INFORMATION: DATES: I. Background In this rulemaking, EPA is proposing to approve a portion of the changes to the Louisville Metro air quality regulations in the Kentucky SIP, submitted by the Commonwealth on August 29, 2012. The submission revises Louisville Metro Regulation 1.02—Definitions and Regulation 2.03— Permit Requirements: Non-Title V Construction and Operating Permits and Demolition/Renovation Notices and Permit Requirements. This rulemaking only pertains to Regulation 1.02, which adds, removes, and modifies several definitions and titles in the SIP, E:\FR\FM\28JYR1.SGM 28JYR1 35102 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations asabaliauskas on DSKBBXCHB2PROD with RULES including the modification of the definition of VOCs. EPA is not taking action on the proposed changes to Regulation 2.03 at this time. As it relates to the modification of the definition of VOCs, SIPs contain compounds of carbon that need not be regulated to reduce ozone. See 42 FR 35314, July 8, 1977. Tropospheric ozone, commonly known as smog, occurs when VOCs and nitrogen oxides (NOx) react in the atmosphere. Because of the harmful health effects of ozone, EPA limits the amount of VOCs and NOx that can be released into the atmosphere. VOCs 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. Compounds of carbon (or organic compounds) have different levels of reactivity; they do not react at the same speed, or do not form ozone to the same extent. 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. On November 29, 2004, January 18, 2007, and January 21, 2009, EPA issued final rules revising the definition of VOCs to add new negligibly reactive compounds and make nomenclature clarifications to previously-exempted compounds. The compounds that are being modified in this SIP revision are 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (n-C3F7OCH3) (known as HFE– 7000), methyl formate (HCOOCH3), 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane (C4F9OCH3) (known as HFE– 7100), and 1-ethoxy-1,1,2,2,3,3,4,4,4nonafluorobutane (C4F9OC2H5) (known as HFE–7200).1 The Commonwealth’s August 29, 2012, SIP revision modifies these compounds by adding the 1 In EPA’s November 29, 2004, final rulemaking, the Agency adds 1,1,1,2,2,3,3-heptafluoro-3methoxy-propane (n-C3F7OCH3) (known as HFE– 7000) and methyl formate (HCOOCH3) to the list of excluded compounds from the definition of VOCs. In the same rulemaking, EPA makes nomenclature clarifications to the previously-exempted compounds 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane (C4F9OCH3) (known as HFE–7100) and 1ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5) (known as HFE–7200). See 69 FR 69290. The Commonwealth’s SIP currently contains these compounds. VerDate Sep<11>2014 17:01 Jul 27, 2017 Jkt 241001 nomenclature clarifications in its SIPapproved definition of VOCs. The compounds that are being added to the list of negligibly reactive compounds in this SIP revision are methoxy-4-trifluoromethyl-pentane (also known as HFE–7300) or C2F5CF(OCH3)CF(CF3)2,2 dimethyl carbonate, and propylene carbonate.3 HFE–7300 has a variety of potential uses including heat transfer fluids in heat transfer processes and as a substitute for ozone depleting substances and substances with high global warming potential. Because HFEs do not contain chlorine or bromine, these compounds do not contribute to the depletion of the ozone layer and have ozone depletion potential values of zero. Dimethyl carbonate may be used as a solvent in paints and coatings. Propylene carbonate has been used in cosmetics as an adhesive component in food packaging and as a solvent for aerial pesticide application. In the past, EPA has considered three different metrics to compare the reactivity of a specific compound to that of ethane: (i) The reaction rate constant with the hydroxyl radical (known as kOH), (ii) maximum incremental reactivities (MIR) expressed on a reactivity per gram (mass) basis, and (iii) MIR expressed on a reactivity per mole basis. When compared to ethane, both dimethyl carbonate and propylene carbonate were added to the list of exempt compounds and deemed negligibly reactive since they are equal to or less reactive than ethane on a mass basis. As a result of this determination, the Commonwealth is updating the Louisville Metro portion of its SIP to be consistent with Federal regulations. II. EPA’s Analysis of Kentucky’s SIP Revision The August 29, 2012, SIP submission revises Regulation 1.02 by adding, removing, and modifying definitions and titles within the SIP. Specifically, all instances of ‘‘Jefferson County’’ have been replaced with ‘‘Louisville Metro’’ due to the merger of the City of Louisville and Jefferson County governments. The proposed SIP submission also makes changes to the definition of ‘‘Cabinet’’ to reflect the name change of the Cabinet of the Commonwealth of Kentucky. The remainder of the changes to Regulation 2 In EPA’s January 18, 2007, final rulemaking, the Agency adds methoxy-4-trifluoromethyl-pentane (also known as HFE–7300) or C2F5CF(OCH3)CF(CF3)2 to the list of excluded compounds from the definition of VOCs. See 72 FR 2193. 3 In EPA’s January 21, 2009, final rulemaking, the Agency adds dimethyl carbonate and propylene carbonate to the list of excluded compounds from the definition of VOCs. See 74 FR 3441. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 1.02 consist of updates to the definitions to make them consistent with definitions used by EPA, specifically the modifications and additions to exemptions from the definition of VOCs. The changes also include renumbering the entire regulation as a result of the removal of the terms ‘‘cancer,’’ ‘‘carcinogen,’’ ‘‘chronic noncancer effect,’’ ‘‘toxic air contaminant,’’ and ‘‘toxic air pollutant.’’ The terms ‘‘cancer,’’ ‘‘carcinogen,’’ ‘‘chronic noncancer effect,’’ ‘‘toxic air contaminant,’’ and ‘‘toxic air pollutant’’ while deleted from Regulation 1.02, have been moved to Regulation 5.00. In this action, EPA is approving the renumbering of this regulation because these terms have been moved. Modifications are also being made to the term ‘‘acute noncancer effect.’’ EPA is not approving changes to the term ‘‘acute noncancer effect’’ because EPA only approves terms that relate to the attainment and maintenance of the national ambient air quality standards. EPA believes that these proposed changes to the regulatory portion of the SIP are consistent with section 110 of the CAA and meet the regulatory requirements pertaining to SIPs. Pursuant to CAA section 110(l), the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in CAA section 171), or any other applicable requirement of the Act. With respect to the District’s addition of exemptions from the definition of VOCs, the change is approvable under section 110(l) because it reflects changes to Federal regulations based on findings that the exempted compounds are negligibly reactive. With respect to the District’s renumbering and wording changes, the changes are approvable under section 110(l) because they are ministerial in nature. III. Incorporation by Reference In this rule, 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 Regulation 1.02—Definitions (except for the change to the term ‘‘acute noncancer effect’’), effective June 15, 2011, changes to definitions. 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 E:\FR\FM\28JYR1.SGM 28JYR1 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.4 EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information) asabaliauskas on DSKBBXCHB2PROD with RULES IV. Final Action EPA is taking direct final action to approve portions of Kentucky’s August 29, 2012 submission submitted by the Commonwealth of Kentucky through KDAQ on behalf of the District. The submission revises Louisville Metro Regulation 1.02—Definitions, except for the changes to the definition ‘‘Acute noncancer effect.’’ EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective September 26, 2017 without further notice unless the Agency receives adverse comments by August 28, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 26, 2017 and no further action will be taken on the proposed rule. 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. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond 4 62 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); • 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 September 26, 2017. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Nitrogen dioxide, Sulfur dioxide, Reporting and recordkeeping requirements. Dated: July 11, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart S—Kentucky 2. Section 52.920(c), is amended under Table 2—EPA-Approved Jefferson County Regulations for Kentucky, Reg 1—General Provisions, by revising the entry for ‘‘1.02’’ to read as follows: ■ FR 27968 (May 22, 1997). VerDate Sep<11>2014 17:01 Jul 27, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 35103 E:\FR\FM\28JYR1.SGM 28JYR1 35104 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations § 52.920 * Identification of plan. * * * (c) * * * * TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY Reg Title/subject * 1.02 ................... EPA approval date * Definitions ......... * * 7/28/2017 * District effective date FEDERAL REGISTER notice * * [Insert citation of publication] ........ * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY FOR FURTHER INFORMATION CONTACT: * * * * [FR Doc. 2017–15740 Filed 7–27–17; 8:45 am] Gavin Huang, (215) 814–2042, or by email at huang.gavin@epa.gov. 40 CFR Part 52 [EPA–R03–OAR–2017–0047; FRL–9965–23– Region 3] SUPPLEMENTARY INFORMATION: I. Background asabaliauskas on DSKBBXCHB2PROD with RULES Approval and Promulgation of Air Quality Implementation Plans; Maryland; Requirements for Continuous Emission Monitoring On July 1, 2016, MDE submitted a SIP revision to remove discontinued TM 90–01 from Maryland’s SIP because TM 90–01 had been superseded by COMAR AGENCY: Environmental Protection 26.11.01.11. EPA previously approved Agency (EPA). TM 90–01 into Maryland’s SIP on February 28, 1996. See 61 FR 7418. ACTION: Final rule. MDE also submitted a revised version of SUMMARY: The Environmental Protection COMAR 26.11.10.06 ‘‘Control of Agency (EPA) is approving a state Volatile Organic Compounds from Iron implementation plan (SIP) revision and Steel Production Installations’’ for submitted by the State of Maryland. inclusion in the Maryland SIP which This revision pertains to removing a removed a reference to TM 90–01 in discontinued Technical Memorandum section C(3)(b) of COMAR 26.11.10.06 90–01 (TM 90–01) from Maryland’s SIP, and added a reference to COMAR which is now superseded by a new 26.11.01.11 in COMAR 26.11.10.06. continuous emission monitoring (CEM) Maryland previously used TM 90–01 to regulation. EPA is approving this govern the CEM requirements for fuel revision to remove TM 90–01 from burning equipment. The formal SIP Maryland’s SIP in accordance with the revision (#16–08) was submitted by requirements of the Clean Air Act Maryland on July 1, 2016. (CAA). In May 2010, the State of Maryland DATES: This final rule is effective on through the Maryland Department of the August 28, 2017. Environment (MDE) discontinued the ADDRESSES: EPA has established a use of TM 90–01 ‘‘Continuous Emission docket for this action under Docket ID Number EPA–R03–OAR–2017–0047. All Monitoring Policies and Procedures’’ and codified these requirements for documents in the docket are listed on CEMs in Maryland regulation COMAR the https://www.regulations.gov Web 26.11.01.11 ‘‘Continuous Emission site. Although listed in the index, some Monitoring Requirements.’’ MDE had information is not publicly available, been in the process of establishing e.g., confidential business information unique requirements for CEMs, separate (CBI) or other information whose from the requirements for continuous disclosure is restricted by statute. opacity monitors (COMs), and broke out Certain other material, such as the requirements into separate COMAR copyrighted material, is not placed on regulations. On November 7, 2016 (81 the Internet and will be publicly FR 78048), EPA approved these separate available only in hard copy form. Publicly available docket materials are regulations into Maryland’s SIP. VerDate Sep<11>2014 17:01 Jul 27, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 * * Changes to Definitions with the exception of the term ‘‘acute noncancer effect.’’ * available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. * 6/15/2011 Explanation Sfmt 4700 * * II. Summary of SIP Revision and EPA Analysis On May 1, 2017 (82 FR 20292), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed approval of removing a discontinued TM 90–01 from Maryland’s SIP, which is now superseded by a new CEM regulation. EPA also proposed to approve for the Maryland SIP a revised version of COMAR 26.11.10.06 which removed a reference to TM 90–01 in section C(3)(b) of COMAR 26.11.10.06 and added a reference to COMAR 26.11.01.11 in COMAR 26.11.10.06 to address CEM issues. EPA’s rationale was explained in detail in the NPR and will not be restated here. No comments were received in response to EPA’s proposed approval of the July 1, 2016 Maryland SIP submittal. III. Final Action EPA is approving the July 1, 2016 Maryland SIP revision submittal as a revision to the Maryland SIP. The submittal sought removal of discontinued TM 90–01 from the SIP in accordance with section 110 of the CAA. The CEM requirements for quality assurance, monitoring and other technical requirements under discontinued TM 90–01 have been superseded and codified under COMAR 26.11.01.11. EPA is also approving for the Maryland SIP a revised version of COMAR 26.11.10.06 ‘‘Control of Volatile Organic Compounds from Iron and Steel Production Installations’’ which removed a reference to TM 90– 01 in section C(3)(b) of COMAR 26.11.10.06 and added a reference to COMAR 26.11.01.11 in COMAR 26.11.10.06. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation E:\FR\FM\28JYR1.SGM 28JYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35101-35104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15740]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0365; FRL-9965-30-Region 4]

Air Plan Approval; Kentucky; Revisions to Louisville; Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On August 29, 2012, the Commonwealth of Kentucky, through the
Kentucky Division for Air Quality (KDAQ), submitted changes to the
Kentucky State Implementation Plan (SIP) on behalf of the Louisville
Metro Air Pollution Control District (District). The Environmental
Protection Agency (EPA) is taking direct final action to approve a
portion of the submission that modifies the District's air quality
regulations as incorporated into the SIP. Specifically, the revision
pertains to definitional changes, including the modification of the
definition of ``volatile organic compounds'' (VOCs). EPA is taking
direct final action to approve this portion of the SIP revision because
the Commonwealth has demonstrated that these changes are consistent
with the Clean Air Act (CAA or Act). EPA will act on the other portion
of KDAQ's August 29, 2012, submittal in a separate action.

DATES: This direct final rule is effective September 26, 2017 without
further notice, unless EPA receives adverse comment by August 28, 2017.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0365 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be
reached via electronic mail at ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

In this rulemaking, EPA is proposing to approve a portion of the
changes to the Louisville Metro air quality regulations in the Kentucky
SIP, submitted by the Commonwealth on August 29, 2012. The submission
revises Louisville Metro Regulation 1.02--Definitions and Regulation
2.03--Permit Requirements: Non-Title V Construction and Operating
Permits and Demolition/Renovation Notices and Permit Requirements. This
rulemaking only pertains to Regulation 1.02, which adds, removes, and
modifies several definitions and titles in the SIP,

[[Page 35102]]

including the modification of the definition of VOCs. EPA is not taking
action on the proposed changes to Regulation 2.03 at this time.
As it relates to the modification of the definition of VOCs, SIPs
contain compounds of carbon that need not be regulated to reduce ozone.
See 42 FR 35314, July 8, 1977. Tropospheric ozone, commonly known as
smog, occurs when VOCs and nitrogen oxides (NOx) react in the
atmosphere. Because of the harmful health effects of ozone, EPA limits
the amount of VOCs and NOx that can be released into the atmosphere.
VOCs 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.
Compounds of carbon (or organic compounds) have different levels of
reactivity; they do not react at the same speed, or do not form ozone
to the same extent.
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.
On November 29, 2004, January 18, 2007, and January 21, 2009, EPA
issued final rules revising the definition of VOCs to add new
negligibly reactive compounds and make nomenclature clarifications to
previously-exempted compounds. The compounds that are being modified in
this SIP revision are 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-
C3F7OCH3) (known as HFE-7000), methyl formate
(HCOOCH3), 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane
(C4F9OCH3) (known as HFE-7100), and 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5) (known as HFE-
7200).\1\ The Commonwealth's August 29, 2012, SIP revision modifies
these compounds by adding the nomenclature clarifications in its SIP-
approved definition of VOCs.
---------------------------------------------------------------------------

\1\ In EPA's November 29, 2004, final rulemaking, the Agency
adds 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-
C3F7OCH3) (known as HFE-7000) and methyl
formate (HCOOCH3) to the list of excluded compounds from
the definition of VOCs. In the same rulemaking, EPA makes
nomenclature clarifications to the previously-exempted compounds
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy- butane
(C4F9OCH3) (known as HFE-7100) and
1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5) (known as
HFE-7200). See 69 FR 69290. The Commonwealth's SIP currently
contains these compounds.
---------------------------------------------------------------------------

The compounds that are being added to the list of negligibly
reactive compounds in this SIP revision are methoxy-4-trifluoromethyl-
pentane (also known as HFE-7300) or
C2F5CF(OCH3)CF(CF3)2
,\2\ dimethyl carbonate, and propylene carbonate.\3\ HFE-7300 has a
variety of potential uses including heat transfer fluids in heat
transfer processes and as a substitute for ozone depleting substances
and substances with high global warming potential. Because HFEs do not
contain chlorine or bromine, these compounds do not contribute to the
depletion of the ozone layer and have ozone depletion potential values
of zero. Dimethyl carbonate may be used as a solvent in paints and
coatings. Propylene carbonate has been used in cosmetics as an adhesive
component in food packaging and as a solvent for aerial pesticide
application. In the past, EPA has considered three different metrics to
compare the reactivity of a specific compound to that of ethane: (i)
The reaction rate constant with the hydroxyl radical (known as
kOH), (ii) maximum incremental reactivities (MIR) expressed
on a reactivity per gram (mass) basis, and (iii) MIR expressed on a
reactivity per mole basis. When compared to ethane, both dimethyl
carbonate and propylene carbonate were added to the list of exempt
compounds and deemed negligibly reactive since they are equal to or
less reactive than ethane on a mass basis. As a result of this
determination, the Commonwealth is updating the Louisville Metro
portion of its SIP to be consistent with Federal regulations.
---------------------------------------------------------------------------

\2\ In EPA's January 18, 2007, final rulemaking, the Agency adds
methoxy-4-trifluoromethyl-pentane (also known as HFE-7300) or
C2F5CF(OCH3)CF(CF3)2
to the list of excluded compounds from the definition of VOCs. See
72 FR 2193.
\3\ In EPA's January 21, 2009, final rulemaking, the Agency adds
dimethyl carbonate and propylene carbonate to the list of excluded
compounds from the definition of VOCs. See 74 FR 3441.
---------------------------------------------------------------------------

II. EPA's Analysis of Kentucky's SIP Revision

The August 29, 2012, SIP submission revises Regulation 1.02 by
adding, removing, and modifying definitions and titles within the SIP.
Specifically, all instances of ``Jefferson County'' have been replaced
with ``Louisville Metro'' due to the merger of the City of Louisville
and Jefferson County governments. The proposed SIP submission also
makes changes to the definition of ``Cabinet'' to reflect the name
change of the Cabinet of the Commonwealth of Kentucky. The remainder of
the changes to Regulation 1.02 consist of updates to the definitions to
make them consistent with definitions used by EPA, specifically the
modifications and additions to exemptions from the definition of VOCs.
The changes also include renumbering the entire regulation as a result
of the removal of the terms ``cancer,'' ``carcinogen,'' ``chronic
noncancer effect,'' ``toxic air contaminant,'' and ``toxic air
pollutant.'' The terms ``cancer,'' ``carcinogen,'' ``chronic noncancer
effect,'' ``toxic air contaminant,'' and ``toxic air pollutant'' while
deleted from Regulation 1.02, have been moved to Regulation 5.00. In
this action, EPA is approving the renumbering of this regulation
because these terms have been moved. Modifications are also being made
to the term ``acute noncancer effect.'' EPA is not approving changes to
the term ``acute noncancer effect'' because EPA only approves terms
that relate to the attainment and maintenance of the national ambient
air quality standards.
EPA believes that these proposed changes to the regulatory portion
of the SIP are consistent with section 110 of the CAA and meet the
regulatory requirements pertaining to SIPs. Pursuant to CAA section
110(l), the Administrator shall not approve a revision of a plan if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in CAA section
171), or any other applicable requirement of the Act. With respect to
the District's addition of exemptions from the definition of VOCs, the
change is approvable under section 110(l) because it reflects changes
to Federal regulations based on findings that the exempted compounds
are negligibly reactive. With respect to the District's renumbering and
wording changes, the changes are approvable under section 110(l)
because they are ministerial in nature.

III. Incorporation by Reference

In this rule, 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 Regulation 1.02--Definitions (except for the change to the term
``acute noncancer effect''), effective June 15, 2011, changes to
definitions. 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

[[Page 35103]]

of EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.\4\ EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information)
---------------------------------------------------------------------------

\4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

EPA is taking direct final action to approve portions of Kentucky's
August 29, 2012 submission submitted by the Commonwealth of Kentucky
through KDAQ on behalf of the District. The submission revises
Louisville Metro Regulation 1.02--Definitions, except for the changes
to the definition ``Acute noncancer effect.''
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 26,
2017 without further notice unless the Agency receives adverse comments
by August 28, 2017.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on September 26, 2017 and
no further action will be taken on the proposed rule.

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. Accordingly, 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);
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 September 26, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Nitrogen dioxide, Sulfur
dioxide, Reporting and recordkeeping requirements.

Dated: July 11, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

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), is amended under Table 2--EPA-Approved Jefferson
County Regulations for Kentucky, Reg 1--General Provisions, by revising
the entry for ``1.02'' to read as follows:

[[Page 35104]]

Sec. 52.920 Identification of plan.

* * * * *
(c) * * *

Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
EPA approval Federal District
Reg Title/subject date Register notice effective date Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
1.02......................... Definitions.... 7/28/2017 [Insert 6/15/2011 Changes to
citation of Definitions
publication]. with the
exception of
the term
``acute
noncancer
effect.''

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2017-15740 Filed 7-27-17; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.