

[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Rules and Regulations]               
[Page 52282-52285]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se07-3]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0650-200705(a); FRL-8464-2]

 
Approval and Promulgation of Implementation Plans, Kentucky 
Volatile Organic Compound Definition Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Kentucky State Implementation Plan (SIP) submitted by the Kentucky 
Environmental and Public Protection Cabinet (Cabinet) on December 14, 
2006. The revisions include changes to the definitions section of 
Kentucky's Air Quality Regulations. The definition of volatile organic 
compounds (VOCs) was updated to be consistent with the federal 
definition.

DATES: This direct final rule is effective November 13, 2007 without 
further notice, unless EPA receives adverse comment by October 15, 
2007. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0650 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: lesane.heidi@epa.gov.
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2006-0650'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Heidi LeSane Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2006-0650.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through 
http://www.regulations.gov or e-mail information that you consider to be CBI 

or otherwise protected. The http://www.regulations.gov Web site is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI 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 in http://www.regulations.gov or 

in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management 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 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9074. Ms. LeSane can also be reached via electronic mail at 
lesane.heidi@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Today's Action

    On December 14, 2006, the Commonwealth of Kentucky, through the 
Cabinet, submitted seven amended air quality regulations for review and 
approval into the Kentucky SIP. All of the changes are related to the 
definition of VOCs, which was updated to be consistent with the federal 
definition found at 40 Code of Federal Regulations (CFR) 51.100(s). The 
following Air Quality Regulation citations address the definition of 
VOCs: 401 KAR 50:010, ``Definitions for 401 KAR Chapter 50;'' 401 KAR 
51:001, ``Definitions for 401 KAR Chapter 51;'' 401 KAR 52:001, 
``Definitions for 401 KAR Chapter 52;'' 401 KAR 59:001, ``Definitions 
for 401 KAR Chapter 59;'' 401 KAR 61:001, ``Definitions for 401 KAR 
Chapter 61;''

[[Page 52283]]

401 KAR 63.001, ``Definitions for 401 KAR Chapter 63;'' and 401 KAR 
65:001, ``Definitions for 401 KAR Chapter 65.'' Changes to each of 
these regulations are included as part of the December 2006 SIP 
revision now being approved into the Kentucky SIP.

II. Background

    Tropospheric ozone, commonly known as smog, occurs when VOCs and 
nitrogen oxides (NOX) react in the atmosphere. Because of 
the harmful health effects of ozone, EPA limits the amount of VOCs and 
NOX that can be released into the atmosphere. VOCs are those 
compounds of carbon (excluding carbon monoxide, carbon dioxide, 
carbonic acid, metallic carbides, or carbonates, and ammonium 
carbonate) which form ozone through atmospheric photochemical 
reactions. Compounds of carbon (or organic compounds) have different 
levels of reactivity; they do not react at the same speed, or do not 
form ozone to the same extent.
    Consistent with EPA policy, compounds of carbon with a negligible 
level of reactivity need not be regulated to reduce ozone (see, 42 FR 
35314, July 8, 1977). EPA determines whether a given carbon compound 
has ``negligible'' reactivity by comparing the compound's reactivity to 
the reactivity of ethane. EPA lists these negligibly reactive compounds 
in its regulations at 40 CFR 51.100(s), and excludes them from the 
definition of VOCs. The chemicals on this list are often called 
``negligibly reactive.'' EPA may periodically revise the list of 
negligibly reactive compounds to add to or delete compounds from the 
list.
    On December 14, 2006, Kentucky submitted a SIP revision including 
changes to its regulations in response to changes made by EPA to the 
list of negligibly reactive compounds. Kentucky's SIP revision, 
including the changes to its definition of VOCs, is consistent with 
federal regulations and is approvable pursuant to section 110 of the 
Clean Air Act.

III. Final Action

    EPA is approving revisions to the Kentucky SIP submitted by 
Kentucky on December 14, 2006, to include changes made to Kentucky's 
regulations regarding the definition of VOCs, which are part of the 
Commonwealth's strategy to attain and maintain the National Ambient Air 
Quality Standards. These changes are consistent with the Clean Air Act.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective November 13, 
2007 without further notice unless the Agency receives adverse comments 
by October 15, 2007.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on November 13, 2007 and no 
further action will be taken on the proposed rule.
    Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
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, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the 
Commonwealth to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a SIP submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a SIP submission, to use VCS in place of a SIP submission that 
otherwise satisfies the provisions of the CAA. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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

[[Page 52284]]

action must be filed in the United States Court of Appeals for the 
appropriate circuit by November 13, 2007. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: August 27, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 1 is amended by revising entries for ``401 
KAR 50:010'', ``401 KAR 51:001'', ``401 KAR 52:001'', ``401 KAR 
59:001'', ``401 KAR 61:001'', ``401 KAR 63:001'' and ``401 KAR 65:001'' 
to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Kentucky Regulations
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                                                                  State
          State citation                  Title/subject         effective     EPA approval date     Explanation
                                                                   date
----------------------------------------------------------------------------------------------------------------
                     Chapter 50 Division for Air Quality: General Administrative Procedures
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
401 KAR 50:010....................  Definitions and                11/8/06  9/13/07, [Insert
                                     abbreviations of terms                  citation of
                                     used in Title 401                       publication].
                                     Chapters 50, 51, 53, 55,
                                     57, 59, 61, 63, and 65.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 51:001....................  Definitions for 401 KAR        11/8/06  9/13/07, [Insert
                                     Chapter 51.                             citation of
                                                                             publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter 52 Permits, Registrations, and Prohibitory Rules
----------------------------------------------------------------------------------------------------------------
401 KAR 52:001....................  Definitions for 401 KAR       11/18/06  9/13/07, [Insert
                                     Chapter 52.                             citation of
                                                                             publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Chapter 59 New Source Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 59:001....................  Definitions for               11/18/06  9/13/07, [Insert
                                     abbreviations of terms                  citation of
                                     used in the Title 401,                  publication].
                                     Chapter 59.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 61 Existing Source Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 61:001....................  Definitions and               11/18/06
                                     abbreviations of terms
                                     used in the Title 401,
                                     Chapter 61.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Chapter 63 General Standards of Performance
----------------------------------------------------------------------------------------------------------------
401 KAR 63:001....................  Definitions and               11/18/06  9/13/07, [Insert
                                     abbreviations of terms                  citation of
                                     used in 401 KAR Chapter                 publication].
                                     63.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Chapter 65 Mobile Source-Related Emissions
----------------------------------------------------------------------------------------------------------------
401 KAR 65:001....................  Definitions and               11/18/06  9/13/07, [Insert
                                     abbreviations of terms                  citation of
                                     used in 401 KAR Chapter                 publication].
                                     65.


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[FR Doc. E7-17628 Filed 9-12-07; 8:45 am]

BILLING CODE 6560-50-P
