Air Plan Approval; KY; Jefferson County Existing and New Miscellaneous Metal Parts and Products Surface Coating Operations, 54510-54513 [2020-17229]
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Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Rules and Regulations
188(c)(2). In accordance with CAA
section 188(e) and 40 CFR 51.1005(b),
the EPA is also finalizing the denial of
the State’s request to extend the Serious
area attainment date.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
These actions are exempt from review
by the Office of Management and
Budget (OMB) because the actions
satisfy the CAA obligation to make a
determination of attainment based on an
area’s air quality as of the attainment
date and deny an attainment date
extension request.
B. Executive Order 13771: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
These actions are not Executive Order
13771 regulatory actions because they
are not significant regulatory actions
under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
These actions do not impose any
additional information collection
burden under the provisions of the PRA,
44 U.S.C. 3501 et seq. Neither the action
to find that the Fairbanks PM2.5
Nonattainment Area failed to attain the
2006 24-hour PM2.5 NAAQS by the
Serious area attainment date, nor the
denial of the attainment extension
request establish any new information
collection burden not already covered
under OMB control number 2060–0611.
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D. Regulatory Flexibility Act (RFA)
I certify that these actions will not
have a significant economic impact on
a substantial number of small entities
under the RFA. These actions will not
impose any requirements on small
entities. Neither a determination that
the Fairbanks PM2.5 Nonattainment Area
failed to attain the 2006 24-hour PM2.5
NAAQS by the Serious area attainment
date, nor a denial of an attainment date
extension request create any new
requirements or directly regulate any
entities.
E. Unfunded Mandates Reform Act
(UMRA)
These actions do not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and do not
significantly or uniquely affect small
governments. These actions do not
impose additional requirements beyond
those imposed by state law. Thus, these
actions impose no enforceable duty on
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any state, local or tribal governments or
the private sector.
the state’s attainment date extension
request.
F. Executive Order 13132: Federalism
L. Congressional Review Act (CRA)
These actions are subject to the CRA,
and the EPA will submit a rule report
to each House of the Congress and to the
Comptroller General of the United
States. These actions are not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
These actions do not have federalism
implications. They will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
These actions do not have tribal
implications as specified in Executive
Order 13175. The CAA and the Tribal
Authority Rule establish the
relationship of the federal government
and tribes in developing plans to attain
the NAAQS, and these actions do
nothing to modify that relationship.
Thus, Executive Order 13175 does not
apply to these actions.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
These actions are not subject to
Executive Order 13045 because they are
not economically significant as defined
in Executive Order 12866, and because
the EPA does not believe any
environmental health or safety risks
addressed by these actions present a
disproportionate risk to children.
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
These actions are not subject to
Executive Order 13211, because they are
not significant regulatory actions under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act (NTTAA)
These actions are not subject to the
requirements of Section 12(d) of the
NTTAA because these actions do not
involve technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that these actions
do not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
Pursuant to the CAA, these actions
determine that the Fairbanks PM2.5
Nonattainment Area did not attain by
the applicable attainment date and deny
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M. Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
these actions must be filed in the United
States Court of Appeals for the
appropriate circuit by November 2,
2020. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of these actions 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 rules
or actions. These actions 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 28, 2020.
Christopher Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020–17541 Filed 9–1–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0103; FRL–10012–
91–Region 4]
Air Plan Approval; KY; Jefferson
County Existing and New
Miscellaneous Metal Parts and
Products Surface Coating Operations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Jefferson County portion of the
Kentucky State Implementation Plan
(SIP), submitted by the Commonwealth
of Kentucky (Commonwealth), through
SUMMARY:
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the Energy and Environment Cabinet
(Cabinet) on September 5, 2019. The
revisions were submitted by the Cabinet
on behalf of the Louisville Metro Air
Pollution Control District and make a
singular change to two regulations for
clarity purposes regarding the
applicability of exempt surface coating
standards for existing and new
miscellaneous metal parts and products
operations. EPA is approving the change
to both regulations as it is consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective October 2,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0103. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8994. Ms. LaRocca can also
be reached via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving a change to
Regulation 6.31, Standard of
Performance for Existing Miscellaneous
Metal Parts and Products Surface
Coating Operations, and Regulation
7.59, Standard of Performance for New
Miscellaneous Metal Parts and Products
Surface Coating Operations, of the
Jefferson County portion of the
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Kentucky SIP, submitted by the
Commonwealth on September 5, 2019.
The change clarifies the applicability of
the surface coating standard exemptions
as it pertains to Section 3 of Regulations
6.31 and 7.59. The SIP revisions ensure
consistency across the regulations and
update the current SIP-approved version
of Regulation 6.31 (Version 6) and
Regulation 7.59 (Version 6) to Version 7
of each.
EPA has found that surface coatings of
miscellaneous metal parts and products
operations emit hazardous air pollutants
(HAP). See 69 FR 129 (January 2, 2004).
Regulation of these sources protects air
quality and promotes public health by
reducing HAP emissions into the
environment. The organic HAP emitted
by surface coatings and miscellaneous
metal parts and products operations are
volatile organic compounds (VOC), as
defined by 40 CFR 51.100(s).1
Tropospheric ozone, commonly
known as smog, occurs when VOC and
nitrogen oxides (NOx) react in the
atmosphere. Because of the harmful
health effects of ozone, EPA limits the
VOC and NOx emissions that can be
released into the atmosphere. VOC are
compounds of carbon excluding carbon
monoxide, carbon dioxide, and
carbonates, and ammonium carbonate,
which participate in atmospheric
photochemical reactions, including in
the formation of ozone. The compounds
of carbon (or organic compounds) have
different levels of photochemical
reactivity; therefore, they do not form
ozone to the same extent.
II. Analysis of State Submission
Jefferson County Air Quality
Regulations 6.31 and 7.59 address VOC
emitted by miscellaneous metal parts
and products surface coating operations
at existing and new facilities,
respectively. In this action, EPA is
approving a change to these two
regulations. In Paragraph 5.1 of Section
5, Exemptions, of both regulations,
clarifying text is being added to ensure
consistency with Paragraph 5.2. In the
SIP-approved versions of these
regulations, Paragraph 5.1 lists the types
of surface coatings that are ‘‘exempt
from this regulation’’ and Paragraph 5.2
exempts any affected facility from
Section 3 (Standards for Volatile
Organic Compounds) if the total VOC
1 Specifically, the organic HAP emitted by these
operations include xylenes, toluene, methyl ethyl
ketone (MEK), phenol, cresols/cresylic acid, glycol
ethers (including ethylene glycol monobutyl ether
(EGBE)), styrene, methyl isobutyl ketone MIBK),
and ethyl benzene. See 69 FR 129. The
aforementioned compounds are identified as VOC
in 40 CFR 51.100(s)(1).
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54511
emissions 2 from all affected facilities
subject to this regulation are less than or
equal to five tons per year. The SIP
revisions create consistency between
Paragraphs 5.1 and 5.2 by clarifying that
the exemption in Paragraph 5.1 applies
only to Section 3 (i.e., the phrase
‘‘exempt from this regulation’’ is
replaced with ‘‘exempt from the
standards in Section 3 of this
regulation’’). These revisions do not
change how the regulation operates and
solely serves as an update to clarify that
the exemption only applies to emissions
standards in each regulation, as
recordkeeping requirements are still
explicitly required.
In a notice of proposed rulemaking
(NPRM) published on May 4, 2020 (85
FR 26418), EPA proposed to approve the
revisions to the Jefferson County portion
of the Kentucky SIP, provided on
September 5, 2019. Comments on the
NPRM were due on or before June 3,
2020. Only one comment was received
in favor of the action.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Louisville Metro Air
Pollution Control District Regulation
6.31, Standard of Performance for
Existing Miscellaneous Metal Parts and
Products Surface Coating Operations,
Version 7, and Regulation 7.59,
Standard of Performance for New
Miscellaneous Metal Parts and Products
Surface Coating Operations, Version 7,
state effective June 19, 2019. EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.3
IV. Final Action
EPA is approving the Louisville Metro
Air Pollution Control District’s
September 5, 2019, SIP submission,
which clarifies the applicability of
2 Potential
3 See
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emissions prior to any add-on controls.
62 FR 27968 (May 22, 1997).
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surface coating standard exemptions as
it pertains to Section 3 of Regulation
6.13 and 7.59.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 2, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: July 31, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart (S)—Kentucky
2. In 52.920 amend Table 2 in
paragraph (c) by:
■ a. Under ‘‘Reg 6—Standards of
Performance for Existing Affected
Facilities’’ revising the entry for ‘‘6.31’’;
and
■ b. Under ‘‘Reg 7—Standards of
Performance for New Affected
Facilities’’ revising the entry for ‘‘7.59’’.
The revisions read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
*
EPA approval
date
Title/subject
*
*
District
effective
date
Federal Register notice
*
*
*
Explanation
*
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Reg 6—Standards of Performance for Existing Affected Facilities
*
6.31 ................
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*
Standards of Performance for Existing Miscellaneous Metal Parts and
Products Surface Coating Operations.
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TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY—Continued
Reg
EPA approval
date
Title/subject
*
*
*
District
effective
date
Federal Register notice
*
*
*
Explanation
*
Reg 7—Standards of Performance for New Affected Facilities
*
7.59 ................
*
*
Standards of Performance for New
Miscellaneous Metal Parts and
Products Surface Coating Operations.
*
*
*
*
*
*
*
*
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004518–3398–01; RTID
0648–XA446]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; ReOpening of Recreational Sector for
Gulf of Mexico Gray Triggerfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; re-opening.
AGENCY:
NMFS announces the reopening of the recreational sector for
gray triggerfish in the exclusive
economic zone (EEZ) of the Gulf of
Mexico (Gulf) through this temporary
rule. The most recent recreational
landings of gray triggerfish indicate that
the recreational annual catch target
(ACT) for 2020 fishing year has not yet
been reached. Therefore, NMFS reopens the recreational sector for gray
triggerfish in the Gulf EEZ on September
1, 2020, through October 25, 2020, or
until the recreational ACT is reached or
projected to be reached, whichever
happens first, to allow the recreational
ACT to be caught.
DATES: This rule is effective 12:01 a.m.,
local time, September 1, 2020, until
12:01 a.m., local time, October 26, 2020.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: kelli.odonnell@noaa.gov.
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SUMMARY:
16:51 Sep 01, 2020
*
[Insert citation of publication] ............
*
*
NMFS
manages the Gulf reef fish fishery,
which includes gray triggerfish, under
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (FMP). The FMP was prepared
by the Gulf of Mexico Fishery
Management Council (Council) and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) through
regulations at 50 CFR part 622. All gray
triggerfish weights discussed in this
temporary rule are in round weight.
The recreational annual catch limit
(ACL) for Gulf gray triggerfish is 241,200
lb (109,406 kg), and the recreational
ACT is 217,100 lb (98,475 kg) (50 CFR
622.41(b)(2)(iii)).
As specified in 50 CFR 622.41(b)(2)(i),
NMFS is required to close the
recreational sector for gray triggerfish
when the recreational ACT is reached or
is projected to be reached by filing a
notification to that effect with the Office
of the Federal Register. NMFS
previously projected that the
recreational ACT for the Gulf gray
triggerfish for the 2020 fishing year
would be reached by May 2, 2020.
Accordingly, NMFS published a
temporary rule in the Federal Register
to implement the accountability
measure (AM) to close the recreational
sector for gray triggerfish in the Gulf
EEZ effective from May 2, 2020, until
the start of the 2021 fishing year on
January 1, 2021 (85 FR 10624, February
25, 2020).
However, the most recent landings
data for gray triggerfish now indicate the
recreational ACT has not been reached.
Consequently, and in accordance with
50 CFR 622.8(c), NMFS temporarily reopens the recreational sector for gray
triggerfish on September 1, 2020. The
recreational sector will remain open
through October 25, 2020, or until the
recreational ACT is reached or projected
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–17229 Filed 9–1–20; 8:45 am]
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to be reached, whichever happens first.
Re-opening the recreational sector
allows participants in that sector an
additional opportunity to harvest gray
triggerfish while minimizing the risk of
exceeding the recreational ACT.
Once the recreational sector closes
again on October 26, 2020, or sooner if
the recreational ACT is reached or
projected to be reached, the bag and
possession limits for gray triggerfish in
or from the Gulf EEZ are zero. The
prohibition on possession of Gulf gray
triggerfish also applies in Gulf state
waters for any vessel issued a valid
Federal charter vessel/headboat permit
for Gulf reef fish.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required under 50
CFR 622.8(c) which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA), finds that the need to
immediately implement this action to
temporarily re-open the recreational
sector for gray triggerfish constitutes
good cause to waive the requirements to
provide prior notice and opportunity for
public comment pursuant to the
authority set forth in 5 U.S.C. 553(b)(B),
as such procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
regulations at 50 CFR 622.8(c) and the
rule implementing the recreational ACT
and AMs have already been subject to
notice and comment, and all that
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]]>Agencies
[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54510-54513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17229]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0103; FRL-10012-91-Region 4]
Air Plan Approval; KY; Jefferson County Existing and New
Miscellaneous Metal Parts and Products Surface Coating Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Jefferson County portion of the Kentucky State
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky
(Commonwealth), through
[[Page 54511]]
the Energy and Environment Cabinet (Cabinet) on September 5, 2019. The
revisions were submitted by the Cabinet on behalf of the Louisville
Metro Air Pollution Control District and make a singular change to two
regulations for clarity purposes regarding the applicability of exempt
surface coating standards for existing and new miscellaneous metal
parts and products operations. EPA is approving the change to both
regulations as it is consistent with the Clean Air Act (CAA or Act).
DATES: This rule is effective October 2, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0103. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving a change to Regulation 6.31, Standard of
Performance for Existing Miscellaneous Metal Parts and Products Surface
Coating Operations, and Regulation 7.59, Standard of Performance for
New Miscellaneous Metal Parts and Products Surface Coating Operations,
of the Jefferson County portion of the Kentucky SIP, submitted by the
Commonwealth on September 5, 2019. The change clarifies the
applicability of the surface coating standard exemptions as it pertains
to Section 3 of Regulations 6.31 and 7.59. The SIP revisions ensure
consistency across the regulations and update the current SIP-approved
version of Regulation 6.31 (Version 6) and Regulation 7.59 (Version 6)
to Version 7 of each.
EPA has found that surface coatings of miscellaneous metal parts
and products operations emit hazardous air pollutants (HAP). See 69 FR
129 (January 2, 2004). Regulation of these sources protects air quality
and promotes public health by reducing HAP emissions into the
environment. The organic HAP emitted by surface coatings and
miscellaneous metal parts and products operations are volatile organic
compounds (VOC), as defined by 40 CFR 51.100(s).\1\
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\1\ Specifically, the organic HAP emitted by these operations
include xylenes, toluene, methyl ethyl ketone (MEK), phenol,
cresols/cresylic acid, glycol ethers (including ethylene glycol
monobutyl ether (EGBE)), styrene, methyl isobutyl ketone MIBK), and
ethyl benzene. See 69 FR 129. The aforementioned compounds are
identified as VOC in 40 CFR 51.100(s)(1).
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Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOx) react in the atmosphere. Because of the harmful
health effects of ozone, EPA limits the VOC and NOx emissions that can
be released into the atmosphere. VOC are compounds of carbon excluding
carbon monoxide, carbon dioxide, and carbonates, and ammonium
carbonate, which participate in atmospheric photochemical reactions,
including in the formation of ozone. The compounds of carbon (or
organic compounds) have different levels of photochemical reactivity;
therefore, they do not form ozone to the same extent.
II. Analysis of State Submission
Jefferson County Air Quality Regulations 6.31 and 7.59 address VOC
emitted by miscellaneous metal parts and products surface coating
operations at existing and new facilities, respectively. In this
action, EPA is approving a change to these two regulations. In
Paragraph 5.1 of Section 5, Exemptions, of both regulations, clarifying
text is being added to ensure consistency with Paragraph 5.2. In the
SIP-approved versions of these regulations, Paragraph 5.1 lists the
types of surface coatings that are ``exempt from this regulation'' and
Paragraph 5.2 exempts any affected facility from Section 3 (Standards
for Volatile Organic Compounds) if the total VOC emissions \2\ from all
affected facilities subject to this regulation are less than or equal
to five tons per year. The SIP revisions create consistency between
Paragraphs 5.1 and 5.2 by clarifying that the exemption in Paragraph
5.1 applies only to Section 3 (i.e., the phrase ``exempt from this
regulation'' is replaced with ``exempt from the standards in Section 3
of this regulation''). These revisions do not change how the regulation
operates and solely serves as an update to clarify that the exemption
only applies to emissions standards in each regulation, as
recordkeeping requirements are still explicitly required.
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\2\ Potential emissions prior to any add-on controls.
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In a notice of proposed rulemaking (NPRM) published on May 4, 2020
(85 FR 26418), EPA proposed to approve the revisions to the Jefferson
County portion of the Kentucky SIP, provided on September 5, 2019.
Comments on the NPRM were due on or before June 3, 2020. Only one
comment was received in favor of the action.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Louisville
Metro Air Pollution Control District Regulation 6.31, Standard of
Performance for Existing Miscellaneous Metal Parts and Products Surface
Coating Operations, Version 7, and Regulation 7.59, Standard of
Performance for New Miscellaneous Metal Parts and Products Surface
Coating Operations, Version 7, state effective June 19, 2019. EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 4 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\3\
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\3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the Louisville Metro Air Pollution Control
District's September 5, 2019, SIP submission, which clarifies the
applicability of
[[Page 54512]]
surface coating standard exemptions as it pertains to Section 3 of
Regulation 6.13 and 7.59.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 2, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 31, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart (S)--Kentucky
0
2. In 52.920 amend Table 2 in paragraph (c) by:
0
a. Under ``Reg 6--Standards of Performance for Existing Affected
Facilities'' revising the entry for ``6.31''; and
0
b. Under ``Reg 7--Standards of Performance for New Affected
Facilities'' revising the entry for ``7.59''.
The revisions read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
District
Reg Title/subject EPA approval Federal Register effective Explanation
date notice date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Reg 6--Standards of Performance for Existing Affected Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
6.31................ Standards of 9/2/20 [Insert citation 6/19/19
Performance for of publication].
Existing
Miscellaneous
Metal Parts and
Products Surface
Coating
Operations.
[[Page 54513]]
* * * * * * *
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Reg 7--Standards of Performance for New Affected Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
7.59................ Standards of 9/2/20 [Insert citation 6/19/19
Performance for of publication].
New
Miscellaneous
Metal Parts and
Products Surface
Coating
Operations.
* * * * * * *
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* * * * *
[FR Doc. 2020-17229 Filed 9-1-20; 8:45 am]
BILLING CODE P
