[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Rules and Regulations]
[Pages 52282-52285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17628]
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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. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
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 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
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The 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 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
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 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
[email protected].
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;''
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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
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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]
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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 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.
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(c) * * *
EPA-Approved Kentucky Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Chapter 50 Division for Air Quality: General Administrative Procedures
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* * * * * * *
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.
* * * * * * *
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Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
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401 KAR 51:001.................... Definitions for 401 KAR 11/8/06 9/13/07, [Insert
Chapter 51. citation of
publication].
* * * * * * *
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Chapter 52 Permits, Registrations, and Prohibitory Rules
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401 KAR 52:001.................... Definitions for 401 KAR 11/18/06 9/13/07, [Insert
Chapter 52. citation of
publication].
* * * * * * *
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Chapter 59 New Source Standards
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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.
* * * * * * *
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Chapter 61 Existing Source Standards
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401 KAR 61:001.................... Definitions and 11/18/06
abbreviations of terms
used in the Title 401,
Chapter 61.
* * * * * * *
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Chapter 63 General Standards of Performance
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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.
* * * * * * *
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Chapter 65 Mobile Source-Related Emissions
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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