[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Proposed Rules]
[Pages 29467-29469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13670]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0004; FRL-9964-07-Region 4]


Air Plan Approval; Kentucky; Revisions to Jefferson County 
Emissions Monitoring and Reporting

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On March 22, 2011, and April 20, 2011, the Commonwealth of 
Kentucky, through the Kentucky Division for Air Quality (KDAQ), 
submitted revisions to the Kentucky State Implementation Plan (SIP) on 
behalf of the Louisville Metro Air Pollution Control District 
(District). The Environmental Protection Agency (EPA) is proposing to 
approve the April 20, 2011, submittal and the portions of the March 22, 
2011, submittal concerning revisions to the District's stationary 
source emissions monitoring and reporting requirements because the 
Commonwealth has demonstrated that these changes are consistent with 
the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before July 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0004 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Wong, 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. Mr. Wong can be reached by telephone at (404) 562-8726 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In this rulemaking, EPA is proposing to approve only certain 
changes related to the District's stationary source emissions 
monitoring and reporting requirements in Regulation 1.06 \1\ in the 
March 22, 2011, and April 20, 2011, SIP revisions. This regulation 
provides the District with the authority to require emissions 
monitoring at stationary sources and requires certain sources to 
maintain emissions records and provide annual emissions statements to 
the District. It does not impose any emissions limits or control 
requirements on any emissions source. The March 22, 2011, submission 
also included changes to Jefferson County Regulation 1.02--Definitions; 
Regulation 3.01--Ambient Air Quality Standards; Regulation 3.02--
Applicability of Ambient Air Quality Standards; Regulation 3.03--
Definitions; Regulation 3.04--Ambient Air Quality Standards; and 
Regulation 3.05--Methods of Measurement. EPA approved these changes, 
with the exception of the requested addition of certain definitions in 
Regulation 1.02, on December 6, 2016 (81 FR 87815).\2\ In addition, the 
March 22, 2011, submission also included changes to Regulation 1.07--
Emissions During Startups, Shutdowns, Malfunctions and Emergencies. EPA 
approved the change to Regulation 1.07 on June 10, 2014 (79 FR 33101). 
The April 20, 2011, submission revises only Regulation 1.06.
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    \1\ In 2003, the City of Louisville and Jefferson County 
governments merged and the ``Jefferson County Air Pollution Control 
District'' was renamed the ``Louisville Metro Air Pollution Control 
District.'' However, each of the regulations in the Jefferson County 
portion of the Kentucky SIP still has the subheading ``Air Pollution 
Control District of Jefferson County.'' Thus, to be consistent with 
the terminology used in the SIP, EPA refers throughout this notice 
to regulations contained in Jefferson County portion of the Kentucky 
SIP as the ``Jefferson County'' regulations.
    \2\ EPA did not approve the addition of definitions for the 
terms ``acute noncancer effect,'' ``cancer,'' ``carcinogen,'' and 
``chronic noncancer effect,'' because these definitions are not 
related to the National Ambient Air Quality Standards (NAAQS). See 
81 FR 87815.
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II. EPA's Analysis of Kentucky's SIP Revisions

A. March 22, 2011, Submittal

    The March 22, 2011, SIP submission contains a version of Regulation 
1.06 adopted by the District on June 21, 2005 (referred to as ``Version 
7'' by the District) and a version of Regulation 1.06 adopted by the 
District on September 21, 2005 (referred to as ``Version 8''). The 
version currently incorporated into the SIP is referred to as ``Version 
6'' (District effective on December 15, 1993). See 65 FR 53660 (October 
23, 2001). Collectively, Versions 7 and 8 change the heading of 
Regulation 1.06 to ``Stationary Source Self-Monitoring, Emissions 
Inventory Development, and Reporting,'' and change aspects of Section 
1--``In Stack Self-Monitoring and Reporting'' (including a change in 
the title to ``In-Stack Self-Monitoring and Reporting); Section 2--
``Ambient Air Monitoring''; and Section 3--``Emissions and Related Data 
Reporting'' (including a change in the title to ``Provisions for 
Section 4 and Section 5 Emissions Data''). The submission adds four new 
sections: Section 4--``Emissions Data for Criteria Pollutants, HAPs, 
and Ammonia''; Section 5--``Enhanced Emissions Data for Toxic Air 
Contaminants''; Section 6--``Certification by a Responsible Official''; 
and Section 7--``Confidentiality and Open Records Requirements.'' The 
changes to the heading of Regulation 1.06, the changes to Sections 1 
and 2, and the addition of Sections 6 and 7 are administrative in

[[Page 29468]]

nature. The changes to Section 3 modify and add provisions regarding 
emissions reporting data requirements, methods of emissions 
calculations, and stationary source emissions statements, and remove 
outdated reporting dates; the addition of Section 4 details 
requirements for submitting emissions statements on an annual basis for 
particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide, 
lead, ozone precursor emissions of volatile organic compounds and 
oxides of nitrogen, ammonia, and hazardous air pollutants; and Section 
5 contains requirements for enhanced emissions statements for listed 
``toxic air contaminants.'' Because the reporting of toxic air 
contaminants is not related to the National Ambient Air Quality 
Standards (NAAQS) for the criteria pollutants, EPA is not proposing to 
act on Section 5.\3\ EPA is proposing to approve the changes to 
Regulation 1.06 contained in the March 22, 2011, SIP revision, with the 
exception of Section 5 and references to Section 5 located in Section 
3, to the extent that these changes are not superseded by the changes 
in the April 20, 2011, submittal discussed below.
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    \3\ The criteria pollutants are particulate matter, sulfur 
dioxide, carbon monoxide, nitrogen dioxide, lead, and ground-level 
ozone.
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B. April 20, 2011, Submittal

    The April 20, 2011, SIP submission contains a version of Regulation 
1.06 adopted by the District on January 19, 2011 (referred to as 
``Version 9'' by the District). After acknowledging that the District 
had sent Versions 7 and 8 to Kentucky for submittal to EPA, the 
District requests that EPA incorporate Version 9 into the SIP and 
identifies changes in Regulation 1.06 between Version 8 and Version 9. 
Version 9 revises Version 8 by changing aspects of Section 1 (including 
a change in the title to ``Stack Monitoring and Reporting''); Section 2 
(including a change in title to ``Ambient Air Monitoring and 
Reporting''); Section 3 (including a change in the title to 
``Requirements for Section 4 and Section 5 Emissions Statements''); 
Section 4 (including a change in the title to ``Emissions Statements 
for Criteria Pollutants, HAPs, and Ammonia''); Section 5 (including a 
change to the title to ``Emissions Statements for Toxic Air 
Contaminants''); and Section 6. Version 9 also eliminates Section 7. 
The submitted changes clarify and streamline the monitoring, 
recordkeeping, and reporting requirements for stationary sources by 
deleting and combining redundant and outdated provisions. The changes 
to Section 4 also modify the emissions threshold for sources to submit 
annual emissions statements to the District. For the reasons discussed 
above, EPA is not proposing to act on Section 5 or on the references to 
Section 5 located in Section 3.
    EPA has reviewed the changes to Regulation 1.06 in the March 22, 
2011, and April 20, 2011, SIP submissions, and has made the preliminary 
determination that the changes that EPA proposes to incorporate into 
the SIP are consistent with the CAA. EPA has preliminarily determined 
that these changes will not interfere with any applicable requirement 
concerning attainment or any other applicable requirement of the CAA, 
and therefore satisfy section 110(l), because they are either 
administrative or modify requirements that do not have an air quality 
impact such that removal will interfere with attainment or maintenance 
of the NAAQS. If EPA's proposed approval of changes to Regulation 1.06 
is finalized, the text of the regulation in the SIP will reflect 
Version 9, with the exception of Section 5 and any references to 
Section 5 located in Section 3.

III. Incorporation by Reference

    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 
1.06--Stationary Source Self-Monitoring, Emissions Inventory 
Development, and Reporting, District effective on January 19, 2011, 
with the exception of Section 5 and any references to Section 5 located 
in Section 3. 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).

IV. Proposed Action

    EPA is proposing to approve Kentucky's March 22, 2011, and April 
20, 2011, SIP revisions as discussed in section II, above. If this 
proposal is finalized, the text of Jefferson County Regulation 1.06 in 
the SIP will reflect the version of the rule effective on January 19, 
2011 (Version 9) with the exception of Section 5 and any references to 
Section 5 located in Section 3. EPA is not proposing to act on Section 
5 for the reasons discussed above.

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. Accordingly, this 
proposed 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);
     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

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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, Nitrogen dioxide, Sulfur 
dioxide, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 14, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-13670 Filed 6-28-17; 8:45 am]
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