[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59488-59490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0675; FRL-9951-59-Region 4]


Air Plan Approval; Kentucky; Source Specific Revision for 
Louisville Gas and Electric

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Kentucky through its Energy and Environment Cabinet, Department of 
Environmental Protection, Division for Air Quality (KY DAQ) on February 
13, 2013, for the purpose of establishing emission requirements for the 
changeover from coal-fired units U4, U5

[[Page 59489]]

and U6 to a new natural gas-fired combined cycle (NGCC) generating unit 
U15 and auxiliary boiler U16 at the Louisville Gas and Electric 
Company, Cane Run Generating Station (LG & E Cane Run Facility).

DATES: This rule will be effective September 29, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0675. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be 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, 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: Jane Spann of the Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Ms. Spann may be reached by telephone at (404) 562-9029 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Ozone is created when chemical reactions between volatile organic 
compounds (VOC) and nitrogen oxides (NOX) occur in the 
presence of sunlight. Ozone is reduced by reducing VOC and 
NOX emissions. The Louisville Metro Air Pollution Control 
District (LMAPCD) adopted regulation 6.42 Reasonably Available Control 
Technology Requirements for Major Volatile Organic Compound and 
Nitrogen Oxides Emitting Facilities on February 2, 1994. LMAPCD's 
regulation 6.42 was submitted to EPA, through the Commonwealth of 
Kentucky, on May 21, 1999. On October 23, 2001, EPA approved LMAPCD's 
regulation 6.42, section 4.4 of which requires LMAPCD to submit each 
source-specific reasonably available control technology (RACT) 
determination to EPA for approval into the Kentucky SIP. See 66 FR 
53658. On the same date, EPA approved the NOX RACT plan for 
LG & E's Cane Run Facility into the SIP. See 66 FR 53684.
    On June 13, 2011, LG & E submitted to the Air Pollution Control 
Board of Jefferson County (Board) an application for a permit to 
construct a new NGCC generating unit U15 and auxiliary boiler U16 and 
retire coal-fired units U4, U5 and U6 at LG & E's Cane Run Facility to 
comply with other federal requirements, including the Mercury & Air 
Toxics Standards and the Cross-State Air Pollution Rule.\1\ In 
response, on July 18, 2012, the Board adopted Amendment 2 establishing 
NOX emission rates for the new units. On February 13, 2013, 
KY DAQ, on behalf of LMAPCD, submitted a SIP revision for EPA to 
approve the LG & E Cane Run Generating Station NOX RACT Plan 
Amendment 2 into the Kentucky SIP. The LG & E Cane Run Generating 
Station NOX RACT Plan Amendment 2 includes two parts: Part 
1, the existing NOX RACT Plan for the coal-fired units, 
which will remain in effect until those units are retired; and Part 2, 
the plan that will become effective upon the start of operation of the 
NGCC facility and the shut-down of the coal-fired units.
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    \1\ Amendment 2 of the February 13, 2013, submittal includes a 
Dew Point Heater (U17). In 2014, LG&E notified LMAPCD that LG&E is 
not installing U17 after all.
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    In a notice of proposed rulemaking (NPRM) published on June 15, 
2016 (81 FR 39002), EPA proposed to approve Kentucky's February 13, 
2013, submission, for the purpose of establishing emission requirements 
for the changeover from coal-fired units U4, U5 and U6 to a new NGCC 
generating unit U15 and auxiliary boiler U16 at the LG & E Cane Run 
Facility. No comments were received on the June 15, 2016, proposed 
rulemaking. The details of Kentucky's submittal and the rationale for 
EPA's actions are further explained in the NPRM. See 81 FR 39002 (June 
15, 2016).

II. Incorporation by Reference

    In this rule, 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 KY DAQ 
source-specific provision entitled ``Air Pollution Control Board of 
Jefferson County Board Order--Amendment 2,'' approved by LMAPCD on July 
18, 2012. Therefore, this material has been approved by EPA for 
inclusion in the SIP, has been incorporated by reference by EPA into 
that plan, is 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 by the Director of the 
Federal Register in the next update to the SIP compilation.\2\ EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and/or at the EPA Region 4 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information)
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    \2\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve the February 13, 2013, 
Kentucky SIP revision which adds LG & E Cane Run Generating Station 
NOX RACT Plan Amendment 2 to the federally-approved Kentucky 
SIP. This SIP revision includes emission requirements for the 
changeover from coal-fired units to natural gas-fired combined cycle 
EGUs and associated equipment.

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. Accordingly, 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);
     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

[[Page 59490]]

affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Public Law 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 October 31, 2016. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 17, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
    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(d) is amended by adding a new entry ``LG & E Cane Run 
Generating Station NOX RACT Plan Amendment 2'' at the end of 
the table to read as follows:


Sec.  52.920  Identification of plan.

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    (d) * * *

                               EPA-Approved Kentucky Source-Specific Requirements
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                                                            State
          Name of source                Permit No.        effective     EPA approval date       Explanations
                                                             date
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                                                  * * * * * * *
LG & E Cane Run Generating         N/A.................    7/18/2012  8/30/2016, [Insert
 Station NOX RACT Plan Amendment                                       citation of
 2.                                                                    publication].
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[FR Doc. 2016-20656 Filed 8-29-16; 8:45 am]
 BILLING CODE 6560-50-P