[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]
=======================================================================
-----------------------------------------------------------------------
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