Air Plan Approval; KY; Jefferson County Existing and New VOC Storage Vessels Rule Changes, 51983-51986 [2019-20842]
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Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Rules and Regulations
accepted if the full required postage is
paid with postage stamps. * * *
[Revise the heading and first sentence
of 1.2 to read as follows:]
1.2 Pieces Weighing More Than 10
Ounces or More Than One Half Inch in
Thickness
Priority Mail pieces bearing only
postage stamps as postage payment and
that weigh more than 10 ounces or
measure more than 1⁄2-inch in thickness,
may not be deposited into a collection
box, Postal Service lobby drop, Postal
Service dock, customer mailbox, or
other unattended location. * * *
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130 Retail Mail First-Class Mail and
First-Class Package Service—Retail
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First-Class Package Service—Retail
[Revise the text of 1.0 to read as
follows:]
Retail First-Class Mail (letters, cards,
flats) and First-Class Package Service—
Retail items must be deposited as
follows:
a. Except as provided in 1.0b, items
may be deposited into any collection
box, mail receptacle, or at any place
where mail is accepted if the full
required postage is paid with postage
stamps.
b. Items bearing only postage stamps
as postage payment and that weigh more
than 10 ounces, or measure more than
1⁄2-inch in thickness, may not be
deposited into any collection box,
picked up during the normal delivery
and collection of mail, or through
Pickup on Demand service. The sender
must present such items to an employee
at a Post Office location. Improperly
presented items will be returned to the
sender for proper deposit.
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Retail Mail USPS Retail Ground
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1.0
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1.3 Stamped Pieces Over 10 Ounces or
More Than One Half Inch in Thickness
USPS Retail Ground pieces bearing
only postage stamps as postage payment
and that weigh more than 10 ounces, or
measure more than 1⁄2-inch in thickness,
may not be deposited into a collection
box, Postal Service lobby drop, Postal
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Service dock, customer mailbox, or
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PMEMS must be deposited as follows:
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170 Retail Mail Media Mail and
follows:]
Library Mail
a. Except as provided in 2.6.9b, items
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may be deposited at a Post Office
location, deposited in a Priority Mail
176 Deposit and Entry
Express collection box, picked up
1.0 Deposit for Media Mail and
during the normal delivery and
Library Mail
collection of mail, or picked up by
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Pickup on Demand service.
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[Revise the heading and first sentence
read as follows:]
of 1.2 to read as follows:]
b. Items bearing only postage stamps
1.2 Stamped Pieces Over 10 Ounces or as postage payment and that weigh more
More Than One Half Inch in Thickness than 10 ounces, or measure more than
1⁄2-inch in thickness, may not be
Media Mail and Library Mail pieces
deposited into a Priority Mail Express
bearing only postage stamps as postage
collection box, picked up during the
payment and that weigh more than 10
ounces, or measure more than 1⁄2-inch in normal delivery and collection of mail,
or through Pickup on Demand service.
thickness, may not receive pickup
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service nor be deposited into a
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collection box, Postal Service lobby
drop, Postal Service dock, customer
Ruth B. Stevenson,
mailbox, or other unattended location.
Attorney, Federal Compliance.
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[FR Doc. 2019–20950 Filed 9–30–19; 8:45 am]
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[Revise the heading and text of 7.2.2
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7.2.2 Stamped Pieces Over 10 Ounces
or More Than One Half Inch in
Thickness
Mailpieces bearing only postage
stamps as postage payment and that
weigh more than 10 ounces, or measure
more than 1⁄2-inch in thickness, cannot
be picked up by letter carriers and must
be presented to an employee at a retail
service counter at a Post Office location.
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Special Standards
703 Nonprofit USPS Marketing Mail
and Other Unique Eligibility
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[EPA–R04–OAR–2018–0800; FRL–10000–
47–Region 4]
Air Plan Approval; KY; Jefferson
County Existing and New VOC Storage
Vessels Rule Changes
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is finalizing approval of
revisions to the Jefferson County portion
of the Kentucky State Implementation
Plan (SIP), submitted by the
Commonwealth of Kentucky, through
the Energy and Environment Cabinet
(Cabinet), through a letter dated March
15, 2018. The revisions were submitted
by the Cabinet on behalf of the
Louisville Metro Air Pollution Control
District (District, also referred to herein
as Jefferson County) and make minor
ministerial amendments to applicability
dates and standards for both existing
and new storage vessels for volatile
organic compounds (VOC). EPA is
finalizing approval of the changes
because they are consistent with the
Clean Air Act (CAA or Act).
DATES: This rule is effective October 31,
2019.
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EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2018–0800. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information may not be 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:
Evan Adams of 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.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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I. Background
EPA is taking final action to approve
changes to the Jefferson County portion
of the Kentucky SIP that were provided
to EPA through a letter dated March 15,
2018.1 Specifically, EPA is finalizing
approval of these SIP revisions that
make changes to Jefferson County
Regulation 6.13, Standard of
Performance for Existing Storage
Vessels for Volatile Organic
Compounds, and Regulation 7.12,
Standard of Performance for New
Storage Vessels for Volatile Organic
Compounds.2 The SIP revisions update
the current SIP-approved versions of
Regulation 6.13 (Version 6) and
Regulation 7.12 (Version 6) to Version 7
1 EPA notes that the Agency received the SIP
revisions on March 23, 2018.
2 EPA also notes that the Agency received several
other revisions to the Jefferson County portion of
the Kentucky SIP submitted with the same March
15, 2018, cover letter. EPA will be considering
action on the remaining revisions in separate
actions.
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of each. The changes to Jefferson County
Regulations 6.13 and 7.12 are
administrative in nature and will better
align the two regulations, reconciling
their respective applicability based on
the date of a facility’s construction,
modification, or reconstruction.
In a notice of proposed rulemaking
(NPRM) published on June 5, 2019 (84
FR 26030), EPA proposed to approve the
aforementioned changes to Regulations
6.13 and 7.12 in the Jefferson County
portion of the Kentucky SIP, which
address the control of emissions from
existing and new VOC storage vessels,
respectively. The NPRM provides
additional details regarding EPA’s
action. Comments on the NPRM were
due on or before July 5, 2019.
II. Response to Comments
EPA received two comments from one
commenter on its June 5, 2019, NPRM.
These comments are provided in the
docket for this final action. EPA has
summarized and responded to the
comments below.
Comment 1: The commenter notes the
change of applicability dates in
Regulation 6.13 and states that the
Jefferson County regulations are based
on Federal New Source Performance
Standards (NSPS), Subpart K.
‘‘However, Subpart K only applies to
vessels constructed, reconstructed, or
modified after June 11, 1973 and prior
to May 19, 1978,’’ states the commenter.
The commenter also states that
‘‘Jefferson County’s regulations seem to
require more stringent standards’’ and
suggests that EPA ‘‘confirm through
formal notification from Kentucky and
Jefferson County that they are allowed
to impose more stringent standards than
those by the federal government.’’
Response 1: The change of
applicability dates in Version 7 of
Regulation 6.13 was made to eliminate
an overlap that existed with respect to
the applicability dates of Regulations
6.13 and 7.12. Under the previous
versions of Regulations 6.13 and 7.12,
facilities constructed, reconstructed, or
modified after April 19, 1972, and
before September 1, 1976, were subject
to both Regulation 6.13 and 7.12. This
redundancy prompted the District to
change the date for Regulation 6.13 so
that Regulation 6.13 applies to VOC
storage vessels that commenced
construction, modification, or
reconstruction on or before April 19,
1972.
Regulations 6.13 and 7.12 are similar
to the Federal NSPS, subpart K.
However, by virtue of the VOC-storagevessel capacity and the dates identified
in Section 1, Applicability, of
Regulations 6.13 and 7.12, both
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Regulations cover a wider range of
facilities than does subpart K. The
commenter seems to suggest that the
larger applicability scope of the
Jefferson County regulations as
compared to that of subpart K makes the
Jefferson County regulations more
stringent than federal requirements.
Regardless of whether or not that is true,
state and local agencies are allowed
under federal law to adopt regulations
that are more stringent than those
required by the CAA, and EPA is
required by the Act to approve such SIP
revisions if they meet the applicable
requirements of the Act, as these
revisions do. See Union Elec. Co. v.
EPA, 427 U.S. 246, 262–65 (1976); 42
U.S.C. 7410(k)(3).
Likewise, with respect to state and
local law, Kentucky law includes a
stringency restriction with respect to
regulations adopted by the Cabinet,3 but
the regulations of the District are not
subject to such a limitation. Indeed,
Kentucky law authorizes the District,
through its Air Pollution Control Board,
to adopt and enforce all orders, rules,
and regulations necessary or proper to
accomplish the purposes of Kentucky
Revised Statutes Chapter 77. See Ky.
Rev. Stat. § 77.180. Kentucky law also
provides that an air pollution control
district like the District is not prohibited
from adopting regulations stricter than
the state statutory or regulatory
provisions that would otherwise apply
to sources of air pollution within a
district. See id. at § 77.170.
Comment 2: The commenter states,
‘‘Regulation 6.13 and 7.12 require
sources to remain in compliance with
this regulation for the rest of time unless
the source changes its process to one not
covered by this regulation.’’ The
commenter believes this is ‘‘an attempt
at codifying the ‘once in, always in’
policy,’’ which EPA recently rescinded.
The commenter states, ‘‘EPA should not
allow the county or state to include this
requirement into its SIP as EPA itself
has stated it is illegal under the MACT
standards so therefore it must be illegal
under SIP rules.’’
Response 2: The ‘‘once in always in’’
policy addressed the classification of
major sources of hazardous air
pollutants (HAPs) under section 112 of
the CAA. EPA issued a new
memorandum on January 25, 2018,
which withdrew and replaced the ‘‘once
in, always in’’ policy with guidance that
sources of hazardous air pollutants
3 Kentucky law provides that the Cabinet ‘‘shall
have the authority, power, and duty to . . .
[p]reserve existing clean air resources while
ensuring economic growth by issuing regulations,
which shall be no more stringent than federal
requirements. . . .’’ Ky. Rev. Stat. § 224.10–100(26).
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previously classified as ‘‘major sources’’
may be reclassified as ‘‘area’’ sources
when the facility limits its potential to
emit HAP below major source
thresholds.4 EPA subsequently
proposed to codify that guidance. See 84
FR 36304 (July 26, 2019). Here, the
regulations that are being incorporated
into the Kentucky SIP are local VOC
(i.e., precursor of ozone, a criteria
pollutant) regulations being approved
by EPA pursuant to CAA section 110,
and thus are not subject to the ‘‘once in,
always in’’ policy or its more recent
replacement, which apply to sources of
HAPs regulated pursuant to CAA
section 112.
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 Jefferson County
Regulation 6.13, Standard of
Performance for Existing Storage
Vessels for Volatile Organic
Compounds, Version 7, and Regulation
7.12, Standard of Performance for New
Storage Vessels for Volatile Organic
Compounds, Version 7, both state
effective January 17, 2018. These
revisions are administrative in nature
and will better align the two regulations,
reconciling their respective applicability
based on the date of a facility’s
construction, modification, or
reconstruction, and the true vapor
pressure. 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.5
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IV. Final Action
EPA is taking final action to approve
the SIP revisions that make changes to
the District’s Regulation 6.13 and
Regulation 7.12. These SIP revisions
4 This memorandum is available at https://
www.epa.gov/sites/production/files/2018-01/
documents/reclassification_of_major_sources_as_
area_sources_under_section_112_of_the_clean_air_
act.pdf.
5 See 62 FR 27968 (May 22, 1997).
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update the current SIP-approved
versions of Regulation 6.13 (Version 6)
and Regulation 7.12 (Version 6) to
Version 7 of each in the Jefferson
County portion of the Kentucky SIP.
These rule revisions will not interfere
with any applicable requirement
concerning attainment and reasonable
further progress or any other applicable
requirement of the Act. The changes are
administrative in nature and clarify the
regulations’ applicability.
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
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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 2, 2019. 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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: September 17, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
b. Under ‘‘Reg 7–Standards of
Performance for New Affected
Facilities’’ by revising the entry for
‘‘7.12’’.
The revisions read as follows:
■
Subpart (S)—Kentucky
2. In § 52.920, in paragraph (c), table
2 is amended:
■ a. Under ‘‘Reg 6–Standards of
Performance for Existing Affected
Facilities’’ by revising the entry for
‘‘6.13’’; and
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
§ 52.920
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Identification of plan.
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TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA approval
date
Title/subject
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effective
date
Federal Register
notice
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Explanation
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Reg 6—Standards of Performance for Existing Affected Facilities
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6.13 ......
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Standard of Performance for Existing Storage
Vessels for Volatile Organic Compounds.
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Air Plan Approval; Arkansas; Regional
Haze Five-Year Progress Report State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a State Implementation
Plan (SIP) submitted by the Governor of
Arkansas through the Arkansas
Department of Environmental Quality
(ADEQ) on June 2, 2015. The SIP
submittal addresses requirements of the
federal regulations that direct the State
to submit a periodic report assessing
progress toward reasonable progress
goals (RPGs) established for regional
haze and a determination of the
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The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0426. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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
https://www.regulations.gov or in hard
copy at EPA Region 6 Office, 1201 Elm
Street, Dallas, TX 75270.
FOR FURTHER INFORMATION CONTACT:
James E. Grady, EPA Region 6 Office,
Regional Haze and SO2 Section, 1201
Elm Street, Suite 500, Dallas TX 72570,
214–665–6745; grady.james@epa.gov.
To inspect the hard copy materials,
please schedule an appointment with
Mr. Grady or Mr. Bill Deese at 214–665–
7253.
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SUPPLEMENTARY INFORMATION:
ADDRESSES:
[EPA–R06–OAR–2015–0426; FRL–9999–11–
Region 6]
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This rule is effective on October
31, 2019.
40 CFR Part 52
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[Insert Federal Register citation].
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
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adequacy of the existing
implementation plan.
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VerDate Sep<11>2014
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Reg 7—Standards of Performance for New Affected Facilities
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Standard of Performance for New Storage
Vessels of Volatile Organic Compounds.
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10/1/2019
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ each mean ‘‘the EPA.’’
I. Background
Each state is required to submit to the
EPA an implementation plan addressing
regional haze visibility impairment for
the first implementation period under
40 CFR 51.308. Under 40 CFR
51.308(g),1 each state is then required to
submit a progress report that evaluates
visibility progress toward the RPGs for
each Class I area within the state 2 and
1 To address the progress report requirements
under 40 CFR 51.308(g), the State provided: (1) A
description of the status of measures in the
approved regional haze implementation plan; (2) a
summary of emission reductions achieved; (3) an
assessment of visibility conditions for each Class I
area in the state (and for two Class I areas in
Missouri); (4) an analysis tracking the changes in
emissions from sources and activities within the
state; (5) an assessment of any significant changes
in anthropogenic emissions within or outside the
state that have limited or impeded progress in
reducing pollutant emissions and improving
visibility; (6) an assessment of whether the
approved regional haze SIP elements and strategies
are sufficient to enable the State (and other states
with Class I areas affected by emissions from the
state) to meet all established RPGs; and (7) a review
of the State’s visibility monitoring strategy.
2 Arkansas has two Class I areas within its borders
that are addressed in the progress report: Upper
Buffalo and Caney Creek Wilderness areas. Upper
Buffalo Wilderness area, located in Newton County,
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[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51983-51986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20842]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0800; FRL-10000-47-Region 4]
Air Plan Approval; KY; Jefferson County Existing and New VOC
Storage Vessels Rule Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the Jefferson County portion of the Kentucky
State Implementation Plan (SIP), submitted by the Commonwealth of
Kentucky, through the Energy and Environment Cabinet (Cabinet), through
a letter dated March 15, 2018. The revisions were submitted by the
Cabinet on behalf of the Louisville Metro Air Pollution Control
District (District, also referred to herein as Jefferson County) and
make minor ministerial amendments to applicability dates and standards
for both existing and new storage vessels for volatile organic
compounds (VOC). EPA is finalizing approval of the changes because they
are consistent with the Clean Air Act (CAA or Act).
DATES: This rule is effective October 31, 2019.
[[Page 51984]]
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0800. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information may not be 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: Evan Adams of 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. The telephone number is
(404) 562-9009. Mr. Adams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve changes to the Jefferson
County portion of the Kentucky SIP that were provided to EPA through a
letter dated March 15, 2018.\1\ Specifically, EPA is finalizing
approval of these SIP revisions that make changes to Jefferson County
Regulation 6.13, Standard of Performance for Existing Storage Vessels
for Volatile Organic Compounds, and Regulation 7.12, Standard of
Performance for New Storage Vessels for Volatile Organic Compounds.\2\
The SIP revisions update the current SIP-approved versions of
Regulation 6.13 (Version 6) and Regulation 7.12 (Version 6) to Version
7 of each. The changes to Jefferson County Regulations 6.13 and 7.12
are administrative in nature and will better align the two regulations,
reconciling their respective applicability based on the date of a
facility's construction, modification, or reconstruction.
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\1\ EPA notes that the Agency received the SIP revisions on
March 23, 2018.
\2\ EPA also notes that the Agency received several other
revisions to the Jefferson County portion of the Kentucky SIP
submitted with the same March 15, 2018, cover letter. EPA will be
considering action on the remaining revisions in separate actions.
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In a notice of proposed rulemaking (NPRM) published on June 5, 2019
(84 FR 26030), EPA proposed to approve the aforementioned changes to
Regulations 6.13 and 7.12 in the Jefferson County portion of the
Kentucky SIP, which address the control of emissions from existing and
new VOC storage vessels, respectively. The NPRM provides additional
details regarding EPA's action. Comments on the NPRM were due on or
before July 5, 2019.
II. Response to Comments
EPA received two comments from one commenter on its June 5, 2019,
NPRM. These comments are provided in the docket for this final action.
EPA has summarized and responded to the comments below.
Comment 1: The commenter notes the change of applicability dates in
Regulation 6.13 and states that the Jefferson County regulations are
based on Federal New Source Performance Standards (NSPS), Subpart K.
``However, Subpart K only applies to vessels constructed,
reconstructed, or modified after June 11, 1973 and prior to May 19,
1978,'' states the commenter. The commenter also states that
``Jefferson County's regulations seem to require more stringent
standards'' and suggests that EPA ``confirm through formal notification
from Kentucky and Jefferson County that they are allowed to impose more
stringent standards than those by the federal government.''
Response 1: The change of applicability dates in Version 7 of
Regulation 6.13 was made to eliminate an overlap that existed with
respect to the applicability dates of Regulations 6.13 and 7.12. Under
the previous versions of Regulations 6.13 and 7.12, facilities
constructed, reconstructed, or modified after April 19, 1972, and
before September 1, 1976, were subject to both Regulation 6.13 and
7.12. This redundancy prompted the District to change the date for
Regulation 6.13 so that Regulation 6.13 applies to VOC storage vessels
that commenced construction, modification, or reconstruction on or
before April 19, 1972.
Regulations 6.13 and 7.12 are similar to the Federal NSPS, subpart
K. However, by virtue of the VOC-storage-vessel capacity and the dates
identified in Section 1, Applicability, of Regulations 6.13 and 7.12,
both Regulations cover a wider range of facilities than does subpart K.
The commenter seems to suggest that the larger applicability scope of
the Jefferson County regulations as compared to that of subpart K makes
the Jefferson County regulations more stringent than federal
requirements. Regardless of whether or not that is true, state and
local agencies are allowed under federal law to adopt regulations that
are more stringent than those required by the CAA, and EPA is required
by the Act to approve such SIP revisions if they meet the applicable
requirements of the Act, as these revisions do. See Union Elec. Co. v.
EPA, 427 U.S. 246, 262-65 (1976); 42 U.S.C. 7410(k)(3).
Likewise, with respect to state and local law, Kentucky law
includes a stringency restriction with respect to regulations adopted
by the Cabinet,\3\ but the regulations of the District are not subject
to such a limitation. Indeed, Kentucky law authorizes the District,
through its Air Pollution Control Board, to adopt and enforce all
orders, rules, and regulations necessary or proper to accomplish the
purposes of Kentucky Revised Statutes Chapter 77. See Ky. Rev. Stat.
Sec. 77.180. Kentucky law also provides that an air pollution control
district like the District is not prohibited from adopting regulations
stricter than the state statutory or regulatory provisions that would
otherwise apply to sources of air pollution within a district. See id.
at Sec. 77.170.
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\3\ Kentucky law provides that the Cabinet ``shall have the
authority, power, and duty to . . . [p]reserve existing clean air
resources while ensuring economic growth by issuing regulations,
which shall be no more stringent than federal requirements. . . .''
Ky. Rev. Stat. Sec. 224.10-100(26).
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Comment 2: The commenter states, ``Regulation 6.13 and 7.12 require
sources to remain in compliance with this regulation for the rest of
time unless the source changes its process to one not covered by this
regulation.'' The commenter believes this is ``an attempt at codifying
the `once in, always in' policy,'' which EPA recently rescinded. The
commenter states, ``EPA should not allow the county or state to include
this requirement into its SIP as EPA itself has stated it is illegal
under the MACT standards so therefore it must be illegal under SIP
rules.''
Response 2: The ``once in always in'' policy addressed the
classification of major sources of hazardous air pollutants (HAPs)
under section 112 of the CAA. EPA issued a new memorandum on January
25, 2018, which withdrew and replaced the ``once in, always in'' policy
with guidance that sources of hazardous air pollutants
[[Page 51985]]
previously classified as ``major sources'' may be reclassified as
``area'' sources when the facility limits its potential to emit HAP
below major source thresholds.\4\ EPA subsequently proposed to codify
that guidance. See 84 FR 36304 (July 26, 2019). Here, the regulations
that are being incorporated into the Kentucky SIP are local VOC (i.e.,
precursor of ozone, a criteria pollutant) regulations being approved by
EPA pursuant to CAA section 110, and thus are not subject to the ``once
in, always in'' policy or its more recent replacement, which apply to
sources of HAPs regulated pursuant to CAA section 112.
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\4\ This memorandum is available at https://www.epa.gov/sites/production/files/2018-01/documents/reclassification_of_major_sources_as_area_sources_under_section_112_of_the_clean_air_act.pdf.
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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 Jefferson
County Regulation 6.13, Standard of Performance for Existing Storage
Vessels for Volatile Organic Compounds, Version 7, and Regulation 7.12,
Standard of Performance for New Storage Vessels for Volatile Organic
Compounds, Version 7, both state effective January 17, 2018. These
revisions are administrative in nature and will better align the two
regulations, reconciling their respective applicability based on the
date of a facility's construction, modification, or reconstruction, and
the true vapor pressure. 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.\5\
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\5\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking final action to approve the SIP revisions that make
changes to the District's Regulation 6.13 and Regulation 7.12. These
SIP revisions update the current SIP-approved versions of Regulation
6.13 (Version 6) and Regulation 7.12 (Version 6) to Version 7 of each
in the Jefferson County portion of the Kentucky SIP. These rule
revisions will not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act. The changes are administrative in nature and
clarify the regulations' applicability.
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 2, 2019. 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: September 17, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
[[Page 51986]]
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 Sec. 52.920, in paragraph (c), table 2 is amended:
0
a. Under ``Reg 6-Standards of Performance for Existing Affected
Facilities'' by revising the entry for ``6.13''; and
0
b. Under ``Reg 7-Standards of Performance for New Affected Facilities''
by revising the entry for ``7.12''.
The revisions read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
District
Reg Title/subject EPA approval Federal Register effective Explanation
date notice date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Reg 6--Standards of Performance for Existing Affected Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
6.13.......... Standard of Performance 10/1/2019 [Insert Federal 1/17/18
for Existing Storage Register citation
Vessels for Volatile Register].
Organic Compounds.
* * * * * * *
Reg 7--Standards of Performance for New Affected Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
7.12.......... Standard of Performance 10/1/2019 [Insert Federal 1/17/18
for New Storage Vessels Register
of Volatile Organic citation].
Compounds.
* * * * * * *
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* * * * *
[FR Doc. 2019-20842 Filed 9-30-19; 8:45 am]
BILLING CODE 6560-50-P
