[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Rules and Regulations]
[Pages 33004-33006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14631]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0807; FRL-9996-24-Region 4]


Air Plan Approval; Kentucky: Jefferson County Existing and New 
VOC Water Separators Rule Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve two revisions to the Jefferson County portion of the 
Kentucky State Implementation Plan (SIP), submitted by the Commonwealth 
of Kentucky, through the Kentucky Division of Air Quality (KDAQ), 
through a letter dated March 15, 2018. The changes were submitted by 
KDAQ on behalf of the Louisville Metro Air Pollution Control District 
(LMAPCD) (also referred to herein as Jefferson County) and make minor 
ministerial amendments to applicability dates and clarify standards 
applicable to both existing and new volatile organic compounds (VOC) 
water separators. EPA is approving these changes because they are 
consistent with the Clean Air Act (CAA or Act).

DATES: This rule will be effective August 12, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2018-0609. 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 (formerly the 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 a.m. 
to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams of 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. The telephone number is 
(404) 562-9009. Mr. Adams can also be reached via electronic mail at 
adams.evan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is taking final action to approve changes to the Jefferson 
County portion of the Kentucky SIP that were provided to EPA through a 
letter dated March 15, 2018.\1\ EPA is finalizing approval of the 
portions of these SIP revisions that make changes to the District's 
Regulation 6.26, Standards of Performance for Existing Volatile Organic 
Compound Water Separators, and Regulation 7.36, Standards of 
Performance for New Volatile Organic Compound Water Separators.\2\ The

[[Page 33005]]

March 15, 2018, SIP revisions make minor and administrative changes 
that clarify the applicability of these regulations, as well as correct 
an applicability date overlap of four years between the standards for 
new and existing VOC water separators. The SIP revisions update the 
current SIP-approved versions of Regulation 6.26 (Version 2) and 
Regulation 7.36 (Version 3) to Version 3 and Version 4, respectively.
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    \1\ EPA notes that the Agency received the SIP revision on March 
23, 2018.
    \2\ EPA also notes that the Agency received several other 
revisions to the Jefferson County portion of the Kentucky SIP 
submitted with the same March 15, 2018, cover letter. EPA will be 
considering action on the remaining revisions in separate actions.
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    In a notice of proposed rulemaking (NPRM) published on March 29, 
2019 (84 FR 11919), EPA proposed to approve the aforementioned changes 
to Regulations 6.26 and 7.36 in the Jefferson County portion of the 
Kentucky SIP, which address the control of emissions from existing and 
new VOC water separators, respectively. The NPRM provides additional 
details regarding EPA's action. Comments on the NPRM were due on or 
before April 29, 2019. EPA received no comments on the proposed action, 
so EPA is now taking final action to approve the above-referenced 
revisions.

II. 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 Jefferson 
County's Regulation 6.26, Standards of Performance for Existing 
Volatile Organic Compound Water Separators, Version 3, and Regulation 
7.36, Standards of Performance for New Volatile Organic Compound Water 
Separators, Version 4, both State effective January 17, 2018. 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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III. Final Action

    EPA is taking final action to approve the aforementioned changes to 
the Jefferson County portion of the Kentucky SIP. These rule adoptions 
do not contravene federal permitting requirements or existing EPA 
policy, nor will they impact the National Ambient Air Quality Standards 
or interfere with any other applicable requirement of the Act.

IV. 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 September 9, 2019. 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: June 26, 2019.
Mary S. Walker,
 Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

[[Page 33006]]

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

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2. Section 52.920(c), Table 2, is amended:
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a. Under ``Reg 6--Standards of Performance for Existing Affected 
Facilities'' by revising the entry for ``6.26''; and
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b. Under ``Reg 7--Standards of Performance for New Affected 
Facilities'' by revising the entry for ``7.36'' to read as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *
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                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                          EPA approval    Federal Register     District
      Reg             Title/subject           date             notice       effective date       Explanation
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                                                  * * * * * * *
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                        Reg 6--Standards of Performance for Existing Affected Facilities
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                                                  * * * * * * *
6.26...........  Standards of                 7/11/2019  [Insert citation          1/17/18
                  Performance for                         of publication].
                  Existing Volatile
                  Organic Compound
                  Water Separators.
 
                                                  * * * * * * *
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                           Reg 7--Standards of Performance for New Affected Facilities
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                                                  * * * * * * *
7.36...........  Standards of                 7/11/2019  [Insert citation          1/17/18
                  Performance for New                     of publication].
                  Volatile Organic
                  Compound Water
                  Separators.
 
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[FR Doc. 2019-14631 Filed 7-10-19; 8:45 am]
 BILLING CODE 6560-50-P


