Air Plan Approval; KY; Jefferson County Existing and New Miscellaneous Metal Parts and Products Surface Coating Operations, 26418-26419 [2020-08905]

Download as PDF 26418 Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Proposed Rules reaffirms and supplements Executive Order 12866, retains this exemption. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR part 935 Intergovernmental relations, Surface mining, Underground mining. Thomas D. Shope, Regional Director, North Atlantic— Appalachian Region. [FR Doc. 2020–08805 Filed 5–1–20; 8:45 am] BILLING CODE 4310–05–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2020–0103; FRL–10008– 44—Region 4] Air Plan Approval; KY; Jefferson County Existing and New Miscellaneous Metal Parts and Products Surface Coating Operations Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky (Commonwealth), through the Energy and Environment Cabinet (Cabinet) on September 5, 2019. The revisions were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District and makes a singular change to two regulations for clarity purposes regarding the applicability of exempt surface coating standards for existing and new miscellaneous metal parts and products operations. EPA is jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:15 May 01, 2020 Jkt 250001 proposing to approve the changes as they are consistent with the Clean Air Act (CAA or Act). DATES: Comments must be received on or before June 3, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2020–0103 at 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 www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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– 8994. Ms. LaRocca can also be reached via electronic mail at larocca.sarah@ epa.gov. SUPPLEMENTARY INFORMATION: I. Background EPA is proposing to approve a change to Regulation 6.31, Standard of Performance for Existing Miscellaneous Metal Parts and Products Surface Coating Operations, and Regulation 7.59, Standard of Performance for New Miscellaneous Metal Parts and Products Surface Coating Operations, of the Jefferson County portion of the Kentucky SIP, submitted by the Commonwealth on September 5, 2019. The SIP revisions clarify the applicability of the surface coating standard exemptions as it pertains to Section 3 of Regulations 6.31 and 7.59. The SIP revisions ensure consistency across the regulations and updates the current SIP-approved version of Regulation 6.31 (Version 6) and PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 Regulation 7.59 (Version 6) to Version 7 of each. EPA has found that surface coatings of miscellaneous metal parts and products operations emit hazardous air pollutants (HAP). See 69 FR 129 (January 2, 2004). Regulation of these sources protects air quality and promotes public health by reducing HAP emissions into the environment. The organic HAP emitted by surface coatings and miscellaneous metal parts and products operations are volatile organic compounds (VOC), as defined by 40 CFR 51.100(s).1 Tropospheric ozone, commonly known as smog, occurs when VOC and nitrogen oxides (NOX) react in the atmosphere. Because of the harmful health effects of ozone, EPA limits the VOC and NOx emissions that can be released into the atmosphere. VOC are compounds of carbon excluding carbon monoxide, carbon dioxide, and carbonates, and ammonium carbonate, which participate in atmospheric photochemical reactions, including in the formation of ozone. The compounds of carbon (or organic compounds) have different levels of photochemical reactivity; therefore, they do not form ozone to the same extent. II. EPA’s Analysis of the Submittal Jefferson County Air Quality Regulations 6.31 and 7.59 address VOC emitted by miscellaneous metal parts and products surface coating operations at existing and new facilities, respectively. In this proposed action, EPA is proposing to approve a change to these two regulations. In Paragraph 5.1 of Section 5, Exemptions, of both regulations, clarifying text is being added to ensure consistency with Paragraph 5.2. In the SIP-approved versions of these regulations, Paragraph 5.1 lists the types of surface coatings that are ‘‘exempt from this regulation’’ and Paragraph 5.2 exempts any affected facility from Section 3 (Standards for Volatile Organic Compounds) if the total VOC emissions 2 from all affected facilities subject to this regulation are less than or equal to five tons per year. The SIP revisions create consistency between Paragraphs 5.1 and 5.2 by clarifying that the exemption in Paragraph 5.1 applies only to Section 3 (i.e., the phrase ‘‘exempt from this regulation’’ is replaced with ‘‘exempt 1 Specifically, the organic HAP emitted by these operations include xylenes, toluene, methyl ethyl ketone (MEK), phenol, cresols/cresylic acid, glycol ethers (including ethylene glycol monobutyl ether (EGBE)), styrene, methyl isobutyl ketone MIBK), and ethyl benzene. See 69 FR 129. The aforementioned compounds are identified as VOC in 40 CFR 51.100(s)(1). 2 Potential emissions prior to any add-on controls. E:\FR\FM\04MYP1.SGM 04MYP1 Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Proposed Rules from the standards in Section 3 of this regulation’’). These revisions do not change how the regulation operates and solely serves as an update to clarify that the exemption only applies to emissions standards in each regulation, as recordkeeping requirements are still explicitly required. III. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Louisville Metro Air Pollution Control District Regulation 6.31, Standard of Performance for Existing Miscellaneous Metal Parts and Products Surface Coating Operations, Version 7, and Regulation 7.59, Standard of Performance for New Miscellaneous Metal Parts and Products Surface Coating Operations, Version 7, state effective June 19, 2019. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 office (please contact the person identified in the ‘‘For Further Information Contact’’ section of this preamble for more information). jbell on DSKJLSW7X2PROD with PROPOSALS IV. Proposed Action EPA is proposing to approve the change to Regulation 6.31, Standard of Performance for Existing Miscellaneous Metal Parts and Products Surface Coating Operations, and Regulation 7.59, Standard of Performance for New Miscellaneous Metal Parts and Products Surface Coating Operations, of the Jefferson County portion of the Kentucky SIP as submitted on September 5, 2019. This change clarifies the existing regulations’ applicability and is consistent with the CAA. 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 proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, VerDate Sep<11>2014 17:15 May 01, 2020 Jkt 250001 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 1955 (Pub. L. 104–4); • Does not have Federalism implications as specified in the 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 any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rules do not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Mary Walker, Regional Administrator, Region 4. [FR Doc. 2020–08905 Filed 5–1–20; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 26419 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA–HQ–OPPT–2019–0596; FRL–10007– 65] RIN 2070–AB27 Significant New Use Rules on Certain Chemical Substances (20–1.5e) Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs) and are subject to Orders issued by EPA pursuant TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the use, under the conditions of use for that chemical substance, within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination. DATES: Comments must be received on or before June 3, 2020. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2019–0596, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. SUMMARY: E:\FR\FM\04MYP1.SGM 04MYP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Proposed Rules]
[Pages 26418-26419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08905]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0103; FRL-10008-44--Region 4]


Air Plan Approval; KY; Jefferson County Existing and New 
Miscellaneous Metal Parts and Products Surface Coating Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Jefferson County portion of the Kentucky State 
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky 
(Commonwealth), through the Energy and Environment Cabinet (Cabinet) on 
September 5, 2019. The revisions were submitted by the Cabinet on 
behalf of the Louisville Metro Air Pollution Control District and makes 
a singular change to two regulations for clarity purposes regarding the 
applicability of exempt surface coating standards for existing and new 
miscellaneous metal parts and products operations. EPA is proposing to 
approve the changes as they are consistent with the Clean Air Act (CAA 
or Act).

DATES: Comments must be received on or before June 3, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0103 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is proposing to approve a change to Regulation 6.31, Standard 
of Performance for Existing Miscellaneous Metal Parts and Products 
Surface Coating Operations, and Regulation 7.59, Standard of 
Performance for New Miscellaneous Metal Parts and Products Surface 
Coating Operations, of the Jefferson County portion of the Kentucky 
SIP, submitted by the Commonwealth on September 5, 2019. The SIP 
revisions clarify the applicability of the surface coating standard 
exemptions as it pertains to Section 3 of Regulations 6.31 and 7.59. 
The SIP revisions ensure consistency across the regulations and updates 
the current SIP-approved version of Regulation 6.31 (Version 6) and 
Regulation 7.59 (Version 6) to Version 7 of each.
    EPA has found that surface coatings of miscellaneous metal parts 
and products operations emit hazardous air pollutants (HAP). See 69 FR 
129 (January 2, 2004). Regulation of these sources protects air quality 
and promotes public health by reducing HAP emissions into the 
environment. The organic HAP emitted by surface coatings and 
miscellaneous metal parts and products operations are volatile organic 
compounds (VOC), as defined by 40 CFR 51.100(s).\1\
---------------------------------------------------------------------------

    \1\ Specifically, the organic HAP emitted by these operations 
include xylenes, toluene, methyl ethyl ketone (MEK), phenol, 
cresols/cresylic acid, glycol ethers (including ethylene glycol 
monobutyl ether (EGBE)), styrene, methyl isobutyl ketone MIBK), and 
ethyl benzene. See 69 FR 129. The aforementioned compounds are 
identified as VOC in 40 CFR 51.100(s)(1).
---------------------------------------------------------------------------

    Tropospheric ozone, commonly known as smog, occurs when VOC and 
nitrogen oxides (NOX) react in the atmosphere. Because of 
the harmful health effects of ozone, EPA limits the VOC and NOx 
emissions that can be released into the atmosphere. VOC are compounds 
of carbon excluding carbon monoxide, carbon dioxide, and carbonates, 
and ammonium carbonate, which participate in atmospheric photochemical 
reactions, including in the formation of ozone. The compounds of carbon 
(or organic compounds) have different levels of photochemical 
reactivity; therefore, they do not form ozone to the same extent.

II. EPA's Analysis of the Submittal

    Jefferson County Air Quality Regulations 6.31 and 7.59 address VOC 
emitted by miscellaneous metal parts and products surface coating 
operations at existing and new facilities, respectively. In this 
proposed action, EPA is proposing to approve a change to these two 
regulations. In Paragraph 5.1 of Section 5, Exemptions, of both 
regulations, clarifying text is being added to ensure consistency with 
Paragraph 5.2. In the SIP-approved versions of these regulations, 
Paragraph 5.1 lists the types of surface coatings that are ``exempt 
from this regulation'' and Paragraph 5.2 exempts any affected facility 
from Section 3 (Standards for Volatile Organic Compounds) if the total 
VOC emissions \2\ from all affected facilities subject to this 
regulation are less than or equal to five tons per year. The SIP 
revisions create consistency between Paragraphs 5.1 and 5.2 by 
clarifying that the exemption in Paragraph 5.1 applies only to Section 
3 (i.e., the phrase ``exempt from this regulation'' is replaced with 
``exempt

[[Page 26419]]

from the standards in Section 3 of this regulation''). These revisions 
do not change how the regulation operates and solely serves as an 
update to clarify that the exemption only applies to emissions 
standards in each regulation, as recordkeeping requirements are still 
explicitly required.
---------------------------------------------------------------------------

    \2\ Potential emissions prior to any add-on controls.
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Louisville Metro Air Pollution Control District Regulation 
6.31, Standard of Performance for Existing Miscellaneous Metal Parts 
and Products Surface Coating Operations, Version 7, and Regulation 
7.59, Standard of Performance for New Miscellaneous Metal Parts and 
Products Surface Coating Operations, Version 7, state effective June 
19, 2019. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 4 
office (please contact the person identified in the ``For Further 
Information Contact'' section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the change to Regulation 6.31, Standard 
of Performance for Existing Miscellaneous Metal Parts and Products 
Surface Coating Operations, and Regulation 7.59, Standard of 
Performance for New Miscellaneous Metal Parts and Products Surface 
Coating Operations, of the Jefferson County portion of the Kentucky SIP 
as submitted on September 5, 2019. This change clarifies the existing 
regulations' applicability and is consistent with the CAA.

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 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1955 (Pub. L. 104-4);
     Does not have Federalism implications as specified in the 
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 any other area 
where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, the rules do not have 
tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), nor will it impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-08905 Filed 5-1-20; 8:45 am]
BILLING CODE 6560-50-P

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