Air Plan Approval; Kentucky: Revisions to Jefferson County VOC Definition, 67282-67285 [2020-22128]

Download as PDF 67282 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. VerDate Sep<11>2014 16:23 Oct 21, 2020 Jkt 253001 F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting approximately one month in duration that will prohibit entry within 100-yard radius of the platform located at approximately 29 27.000N, 089 17.682W. It is categorically excluded from further review under paragraph L[60a] of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T08–0612 to read as follows: ■ § 165.T08-0612 Safety Zone; Environmental Response, Breton Sound, LA. (a) Location. The following area is a safety zone: All navigable waters within a 100-yard radius of 29 27.000N, 089 17.682W in Breton Sound, LA. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (b) Effective period. This section is effective without actual notice from October 22, 2020 until November 2, 2020. For the purposes of enforcement, actual notice will be used from October 2, 2020 until October 22, 2020. (c) Enforcement periods. This section will be enforced from October 2, 2020 until approximately November 2, 2020. (d) Regulations. (1) In accordance with the general regulations in § 165.23, entry into or remaining within this zone is prohibited unless authorized by the Captain of the Port Sector New Orleans (COTP) or designated representative. (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67 or by telephone at (504) 365–2200. (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. (e) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. Dated: October 1, 2020. W.E. Watson, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans. [FR Doc. 2020–22262 Filed 10–21–20; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2020–0095; FRL–10014– 96–Region 4] Air Plan Approval; Kentucky: Revisions to Jefferson County VOC Definition Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision to the Jefferson County portion of the Kentucky SIP, submitted by the Commonwealth of Kentucky (Commonwealth), through the Energy and Environment Cabinet (Cabinet) on September 5, 2019. The revision was submitted by the Cabinet on behalf of SUMMARY: E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations the Louisville Metro Air Pollution Control District (LMAPCD) and makes changes to the definition of ‘‘Volatile Organic Compound’’ (VOC). EPA is approving the changes amending the definition of VOC because the Commonwealth has demonstrated that the changes are consistent with the Clean Air Act (CAA or Act). DATES: This rule is effective November 23, 2020. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2020–0095. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials can either be retrieved electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. EPA requests that, if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9088. Ms. Bell can also be reached via electronic mail at bell.tiereny@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Tropospheric ozone, commonly known as smog, occurs when VOC and nitrogen oxides (NOX) react in the atmosphere in the presence of sunlight. Because of the harmful health effects of ozone, EPA and state governments implement rules to limit the amount of certain VOC and NOX that can be released into the atmosphere. VOC have different levels of reactivity; they do not react at the same speed or do not form ozone to the same extent. Section 302(s) of the CAA specifies that EPA has the VerDate Sep<11>2014 16:23 Oct 21, 2020 Jkt 253001 authority to define the meaning of ‘‘VOC,’’ and hence, what compounds shall be treated as VOC for regulatory purposes. EPA determines whether a given carbon compound has ‘‘negligible’’ reactivity by comparing the compound’s reactivity to the reactivity of ethane. It is EPA’s policy that compounds of carbon with negligible reactivity be excluded from the regulatory definition of VOC. See 42 FR 35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). EPA lists these compounds in its regulations at 40 CFR 51.100(s) and excludes them from the definition of VOC. The chemicals on this list are often called ‘‘negligibly reactive.’’ EPA may periodically revise the list of negligibly reactive compounds to add or delete compounds. II. Analysis of Commonwealth’s Submission EPA is approving the Commonwealth’s SIP revision which amends the definition of ‘‘Volatile Organic Compound (VOC)’’ at section 1.84 in LMAPCD Regulation 1.02, Definitions.1 This SIP revision removes an enumerated list of negligibly reactive compounds and incorporates by reference the list of negligibly reactive compounds in the definition of VOC at 40 CFR 51.100(s)(1) as of July 1, 2018, into a new subsection 1.84.1 to ensure that the definition of VOC for the Jefferson County portion of the Commonwealth’s SIP is consistent with the most recent version of the federal definition.2 As a result of this incorporation by reference, the SIP revision adds exclusions to the definition of VOC that were not previously in the Jefferson County portion of the Commonwealth’s SIP. This incorporation by reference has the effect of adding the following compounds to the list of negligibly reactive compounds: Trans-1,3,3,3tetrafluoropropene; HCF2OCF2H (HFE– 134); HCF2OCF2OCF2H (HFE–236cal2); HCF2OCF2CF2H (HFE–338pcc13); HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-3,3,3-trifluoroprop1-ene; 2,3,3,3-tetrafluoropropene; 2amino-2-methyl-1-propanol; 1,1,2,2Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane; cis-1,1,1,4,4,4-hexafluorobut-2ene (HFO–1336mzz–Z). These compounds are excluded from the VOC definition on the basis that each of these 1 On September 5, 2019, the Commonwealth submitted other SIP revisions which will be addressed in separate actions. 2 EPA approved revisions to the Jefferson County portion of the Kentucky SIP on July 25, 2019. See 84 FR 35828. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 67283 compounds make a negligible contribution to tropospheric ozone formation. EPA approves the changes to the SIP will not interfere with attainment or maintenance of any national ambient air quality standard, reasonable further progress, or any other applicable requirement of the CAA, consistent with CAA section 110(l), because EPA has found the chemicals listed in 40 CFR 51.100(s)(1) to be negligibly reactive. This SIP revision also adds a new subsection 1.84.2 that includes instructions on how to access copies of the Code of Federal Regulations (CFR). In a notice of proposed rulemaking (NPRM) published on July 6, 2020 (85 FR 40158), EPA proposed to approve the Commonwealth’s September 5, 2019, SIP submission. The July 6, 2020, NPRM provides additional detail regarding the background and rationale for EPA’s action. Comments on the July 6, 2020, NPRM were due on or before August 5, 2020. EPA received two non-adverse comments on July 22, 2020, and August 5, 2020. EPA has determined that these comments were irrelevant to the subject of the July 6, 2020, NPRM. These comments are publicly available at the EPA docket for this action under Docket Identification No. EPA–R04–OAR– 2020–0095. III. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference LMAPCD Regulation 1.02, Definitions, version 15, state-effective June 19, 2019, which makes changes to the definition of Volatile Organic Compound by referencing the Federal list of negligibly reactive compounds and including instructions on how to access the CFR. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.3 3 See E:\FR\FM\22OCR1.SGM 62 FR 27968 (May 22, 1997). 22OCR1 67284 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations IV. Final Action EPA is approving Kentucky’s September 5, 2019, SIP submission, which revises the definition of ‘‘Volatile Organic Compound (VOC)’’ at subsection 1.84.1 in LMAPCD Regulation 1.02, Definitions, by adding: Trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H (HFE–134); HCF2OCF2OCF2H (HFE–236cal2); HCF2OCF2CF2H (HFE–338pcc13); HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-3,3,3-trifluoroprop1-ene; 2,3,3,3-tetrafluoropropene; 2amino-2-methyl-1-propanol; 1,1,2,2Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane; cis-1,1,1,4,4,4-hexafluorobut-2ene (HFO–1336mzz–Z) to the list of organic compounds having negligible photochemical reactivity. EPA is also finalizing the addition of a new subsection 1.84.2 that includes instructions on how to access copies of the CFR. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. This action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 21, 2020. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2) of the CAA. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 30, 2020. Mary Walker, Regional Administrator, Region 4. For the reasons stated in the preamble, the 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart S—Kentucky 2. Section 52.920(c), Table 2, is amended under ‘‘Reg 1—General Provisions’’ by revising the entry for ‘‘1.02’’ to 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 Reg 1—General Provisions * 1.02 ............................ VerDate Sep<11>2014 * Definitions ................. 16:23 Oct 21, 2020 Jkt 253001 * PO 00000 10/22/2020 Frm 00020 * * [Insert citation of publication] ........................ Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 * * 6/19/2019 67285 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY—Continued * Reg Title/subject * * * * * EPA approval date * * ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2019–0281; FRL–10015–25] A. Does this action apply to me? Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of clofentezine in or on hop, dried cones. The Interregional Project Number 4 (IR–4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). SUMMARY: This regulation is effective October 22, 2020. Objections and requests for hearings must be received on or before December 21, 2020 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0281, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. DATES: Jkt 253001 SUPPLEMENTARY INFORMATION: I. General Information Clofentezine; Pesticide Tolerances 16:23 Oct 21, 2020 * Marietta Echeverria, Acting Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305– 7090; email address: RDFRNotices@ epa.gov. BILLING CODE 6560–50–P VerDate Sep<11>2014 * FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–22128 Filed 10–21–20; 8:45 am] You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s e-CFR site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2019–0281 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before PO 00000 Frm 00021 District effective date Federal Register notice Fmt 4700 Sfmt 4700 * Explanation * December 21, 2020. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2019–0281, 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 CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 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/where-sendcomments-epa-dockets. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. II. Summary of Petitioned-For Tolerance In the Federal Register of August 2, 2019 (84 FR 37818) (FRL–9996–78), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 9E8752) by IR–4, Rutgers, the State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540. The petition requested that 40 CFR 180.446 be amended by establishing a tolerance for residues of the insecticide clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5tetrazine, in or on hop, dried cones at 6 parts per million (ppm). That document referenced a summary of the petition prepared by Makhteshim Agan of North America (d/b/a ADAMA), the E:\FR\FM\22OCR1.SGM 22OCR1

Agencies

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


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision to the Jefferson County portion of 
the Kentucky SIP, submitted by the Commonwealth of Kentucky 
(Commonwealth), through the Energy and Environment Cabinet (Cabinet) on 
September 5, 2019. The revision was submitted by the Cabinet on behalf 
of

[[Page 67283]]

the Louisville Metro Air Pollution Control District (LMAPCD) and makes 
changes to the definition of ``Volatile Organic Compound'' (VOC). EPA 
is approving the changes amending the definition of VOC because the 
Commonwealth has demonstrated that the changes are consistent with the 
Clean Air Act (CAA or Act).

DATES: This rule is effective November 23, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0095. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials can either 
be retrieved electronically through www.regulations.gov or in hard copy 
at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that, if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOC and 
nitrogen oxides (NOX) react in the atmosphere in the 
presence of sunlight. Because of the harmful health effects of ozone, 
EPA and state governments implement rules to limit the amount of 
certain VOC and NOX that can be released into the 
atmosphere. VOC have different levels of reactivity; they do not react 
at the same speed or do not form ozone to the same extent. Section 
302(s) of the CAA specifies that EPA has the authority to define the 
meaning of ``VOC,'' and hence, what compounds shall be treated as VOC 
for regulatory purposes.
    EPA determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. It is EPA's policy that compounds of carbon with negligible 
reactivity be excluded from the regulatory definition of VOC. See 42 FR 
35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). EPA lists these 
compounds in its regulations at 40 CFR 51.100(s) and excludes them from 
the definition of VOC. The chemicals on this list are often called 
``negligibly reactive.'' EPA may periodically revise the list of 
negligibly reactive compounds to add or delete compounds.

II. Analysis of Commonwealth's Submission

    EPA is approving the Commonwealth's SIP revision which amends the 
definition of ``Volatile Organic Compound (VOC)'' at section 1.84 in 
LMAPCD Regulation 1.02, Definitions.\1\ This SIP revision removes an 
enumerated list of negligibly reactive compounds and incorporates by 
reference the list of negligibly reactive compounds in the definition 
of VOC at 40 CFR 51.100(s)(1) as of July 1, 2018, into a new subsection 
1.84.1 to ensure that the definition of VOC for the Jefferson County 
portion of the Commonwealth's SIP is consistent with the most recent 
version of the federal definition.\2\ As a result of this incorporation 
by reference, the SIP revision adds exclusions to the definition of VOC 
that were not previously in the Jefferson County portion of the 
Commonwealth's SIP.
---------------------------------------------------------------------------

    \1\ On September 5, 2019, the Commonwealth submitted other SIP 
revisions which will be addressed in separate actions.
    \2\ EPA approved revisions to the Jefferson County portion of 
the Kentucky SIP on July 25, 2019. See 84 FR 35828.
---------------------------------------------------------------------------

    This incorporation by reference has the effect of adding the 
following compounds to the list of negligibly reactive compounds: 
Trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H (HFE-
134); HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2H (HFE-338pcc13); 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-
3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-
methyl-1-propanol; 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) 
ethane; cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z). These 
compounds are excluded from the VOC definition on the basis that each 
of these compounds make a negligible contribution to tropospheric ozone 
formation. EPA approves the changes to the SIP will not interfere with 
attainment or maintenance of any national ambient air quality standard, 
reasonable further progress, or any other applicable requirement of the 
CAA, consistent with CAA section 110(l), because EPA has found the 
chemicals listed in 40 CFR 51.100(s)(1) to be negligibly reactive. This 
SIP revision also adds a new subsection 1.84.2 that includes 
instructions on how to access copies of the Code of Federal Regulations 
(CFR).
    In a notice of proposed rulemaking (NPRM) published on July 6, 2020 
(85 FR 40158), EPA proposed to approve the Commonwealth's September 5, 
2019, SIP submission. The July 6, 2020, NPRM provides additional detail 
regarding the background and rationale for EPA's action. Comments on 
the July 6, 2020, NPRM were due on or before August 5, 2020. EPA 
received two non-adverse comments on July 22, 2020, and August 5, 2020. 
EPA has determined that these comments were irrelevant to the subject 
of the July 6, 2020, NPRM. These comments are publicly available at the 
EPA docket for this action under Docket Identification No. EPA-R04-OAR-
2020-0095.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference LMAPCD 
Regulation 1.02, Definitions, version 15, state-effective June 19, 
2019, which makes changes to the definition of Volatile Organic 
Compound by referencing the Federal list of negligibly reactive 
compounds and including instructions on how to access the CFR. EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and at the EPA Region 4 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\3\
---------------------------------------------------------------------------

    \3\ See 62 FR 27968 (May 22, 1997).

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

[[Page 67284]]

IV. Final Action

    EPA is approving Kentucky's September 5, 2019, SIP submission, 
which revises the definition of ``Volatile Organic Compound (VOC)'' at 
subsection 1.84.1 in LMAPCD Regulation 1.02, Definitions, by adding: 
Trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H (HFE-
134); HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2H (HFE-338pcc13); 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-
3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-
methyl-1-propanol; 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) 
ethane; cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z) to the list 
of organic compounds having negligible photochemical reactivity. EPA is 
also finalizing the addition of a new subsection 1.84.2 that includes 
instructions on how to access copies of the CFR.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). Under section 307(b)(1) of the CAA, petitions for judicial 
review of this action must be filed in the United States Court of 
Appeals for the appropriate circuit by December 21, 2020. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. See section 307(b)(2) of the 
CAA.

List of Subjects in 40 CFR Part 52

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

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

    For the reasons stated in the preamble, the 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. Section 52.920(c), Table 2, is amended under ``Reg 1--General 
Provisions'' by revising the entry for ``1.02'' to read as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

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

[[Page 67285]]

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

* * * * *
[FR Doc. 2020-22128 Filed 10-21-20; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.