[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Proposed Rules]
[Pages 31736-31739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14399]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0022; FRL-9964-61-Region 4]


Air Plan Approval; Kentucky; Louisville Miscellaneous Rule 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On August 29, 2012, the Commonwealth of Kentucky, through the 
Kentucky Division for Air Quality (KDAQ), submitted changes to the 
Kentucky State Implementation Plan (SIP) on behalf of the Louisville 
Metro Air Pollution Control District (District or Jefferson County). 
The Environmental Protection Agency (EPA) is proposing to approve 
several changes that modify the District's air quality regulations as 
incorporated into the SIP. The changes

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to the regulatory portion of the SIP that EPA is proposing to approve 
pertain to definitional changes, administrative amendments, open 
burning, standards of performance, and volatile organic compounds 
(VOCs). EPA is proposing to approve these changes because the 
Commonwealth and Jefferson County have demonstrated that these changes 
are consistent with the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before August 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0022 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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. The telephone number is (404) 562-9043. Mr. Lakeman can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    On August 29, 2012, KDAQ submitted a SIP revision to EPA for 
approval that involves changes to Jefferson County regulations related 
to acronym additions, administrative amendments, open burning, 
standards of performance, and VOCs. EPA is proposing to approve the 
changes to Jefferson County Regulation 1.03--Abbreviations and 
Acronyms; Regulation 1.08--Administrative Procedures; Regulation 1.11--
Control of Open Burning; Regulation 1.19--Administrative Hearings; 
Regulation 6.18--Standards of Performance for Solvent Metal Cleaning 
Equipment; Regulation 6.43--Volatile Organic Compound Emission 
Reduction Requirements; and repeal Regulation 7.18--Standards of 
Performance for New Solvent Metal Cleaning Equipment.

II. Background

    This proposed action will update Kentucky's acronyms and make 
changes to other regulations approved into the SIP. The changes made to 
the regulations other than definitions are administrative in nature, 
including updating internal references. Kentucky's August 29, 2012, SIP 
revision can be found in the docket for this proposed rulemaking at 
www.regulations.gov and are summarized below.

III. EPA's Analysis of Kentucky's August 29, 2012, SIP Revision

a. Regulations 1.03 Abbreviations and Acronyms

    The August 29, 2012, SIP revision changes Regulation 1.03 by adding 
acronyms and abbreviations and is referred to as version 6 of this 
regulation. EPA is proposing to approve all of the changes to 
Regulation 1.03. Changes to Regulation 1.03 consist of adding acronyms 
to make them consistent with definitions used by EPA. Several acronyms 
were added to Regulation 1.03 for clarity. Some of the acronyms that 
were added are associated with various cancer terms. Other acronyms 
pertain to areas such as modeling, environmental acceptability, 
integrated risk, lethal concentrations, and toxics. Most of the 
acronyms were added due to the adoption of the Strategic Toxic Air 
Reduction Program (STAR) Program, which was adopted on June 21, 2005.

b. Regulation 1.08 Administrative Procedures

    The August 29, 2012, SIP revision also makes changes to Regulation 
1.08 by updating the regulation to be consistent with the state 
regulation in the Commonwealth of Kentucky's statutes. Versions 12 and 
13 of this regulation have been submitted for approval in this 
submission. The changes to Regulation 1.08 mostly contain provisions 
for open records in Section 6 ``Confidentiality and Open Records 
Policy.'' The District's changes make the rule consistent with the 
Kentucky Open Records Act, Kentucky Revised Statutes (KRS) 61.870 to 
61.884. The changes to the Open Records Act are to reflect the 
currently available technology options for delivering submissions. The 
District also is making some revisions to the public hearing section 
due to the adoption of the STAR Program. Section 3 ``Procedures at 
Public Hearings'' is being updated to: Reflect the public hearing 
procedures that have been implemented for many years, which add 
``representative of the affective entity'' to replace ``the 
petitioner;'' consolidate Regulation 3.13 and 3.14 to allow persons to 
submit evidence and make a statement in support of and in opposition to 
a proposed action; and make a few other non-substantive wording 
changes.

c. Regulation 1.11 Control of Open Burning

    The August 29, 2012, submittal also makes changes to Regulation 
1.11 which updates the restrictions on open burning. Versions 9 and 10 
of this regulation have been submitted for approval in this submission. 
The proposed changes to Regulation 1.11 enhance the District's control 
over open burning activities that are exempt from the general 
prohibition of open burning by requiring written requests and/or 
notice, including information about the material to be burned, and 
District approval for various types of fires. Agricultural fires are 
further restricted to occur at times when there is a maximum wind speed 
of 15 miles per hour.
    The regulation has also been updated to recognize fire pits. 
Similar to the provision for personal cooking fires, personal fires 
from small fire pits, including chimineas and open-top fire chambers do 
not require the District's approval and are exempt from the general 
prohibition on open burning. The size restriction for personal fire 
pits is 3x3x3 feet. Ceremonial and commercial fires, regardless of 
whether they occur in fire pits, still require the District's approval 
and are restricted in size to 5x5x5 feet. The changes also removed 
reference to the flare stacks as open burning, added language about 
special case fires and how they would be treated on an individual 
basis, described accelerants that are prohibited, and prohibited barrel 
burning.

d. Regulation 1.19 Administrative Hearings

    The August 29, 2012, SIP revision also makes changes to the 
language in Regulation 1.19 to make it consistent with KRS 77.310 
Proceedings for alleged violations of chapter or regulations and for 
petitions for a hearing on board

[[Page 31738]]

orders or determination--Hearing officer. The language in Regulation 
1.19 was revised from applying solely to Board orders and expanded to 
include Board orders and ``determinations.'' Version 2 of this 
regulation has been submitted for approval in this SIP revision. The 
other amendments to this regulation ensure that there is not a conflict 
of interest between board members and anyone affiliated with the 
proceeding. It bars communication between any party affiliated with a 
proceeding and any member of the Board.

e. Regulation 6.18 Standards of Performance for Solvent Metal Cleaning 
Equipment

    The August 29, 2012, SIP revision also makes changes to Regulation 
6.18 which updates the restrictions on solvent cleaning. Version 7 of 
this regulation has been submitted for approval in this SIP revision. 
Regulation 6.18 is being changed to reduce VOC emissions from cold 
cleaning equipment through adding work place standards and requirements 
for equipment use, including cover requirements, flushing, solvent 
flow, fan placement, solvent storage, and parts cleaning instructions. 
Changes also include requiring owners and operators of cold cleaning 
equipment to evaluate the possibility of using lower or non-VOC 
containing solvents whenever feasible. The changes to the regulation 
have to be implemented before the issuance of a permit pursuant to 
Regulations 2.16 Title V Operating Permits or Regulation 2.05 
Prevention of Significant Deterioration of Air Quality. The update to 
this regulation will now supersede Regulation 7.18 and allow its 
repeal.

f. Regulation 6.43 Volatile Organic Compound Emission Reduction 
Requirements

    The August 29, 2012, SIP revision, if approved, also makes changes 
to Regulation 6.43, which updates VOC emissions reduction strategy, 
including operational requirements for named stationary sources, each 
of which has voluntarily agreed to these requirements. Versions 4 and 5 
of this regulation have been submitted for approval in this SIP 
revision. The changes to this regulation include: An emission reduction 
strategy for American Synthetic Rubber Company to allow the use of a 
new oxidizer or boiler to control emissions, an update to the names of 
four stationary sources that changed names, and a change to the 
emission inventory system number for Dupont Dow Elastomers L.L.C. in 
Section 11 to the current number. Also, two stationary sources that are 
no longer in operation are being removed from the emissions inventory. 
This SIP revision also replaced Carbide Industries' company specific 
VOC reduction process with an equivalent plant-wide VOC limit. Carbide 
Industries LLC requested a revision to the operating procedures while 
leaving the VOC emission limits in place. The previous operating 
procedures of the regulation would not have permitted storage of 
acetylene onsite. Because Carbide Industries no longer has a buyer of 
acetylene, which is a byproduct of their process, they now have a need 
to store acetylene onsite. This change allows Carbide Industries to 
remain in compliance with Regulation 6.43 while achieving equivalent 
VOC reductions, which is the intended purpose of the regulation.

g. Regulation 7.18 Standards of Performance for New Solvent Metal 
Cleaning Equipment

    The August 29, 2012, SIP revision also repeals Regulation 7.18 
because it was superseded by Regulation 6.18--Standards of Performance 
for Solvent Metal Cleaning Equipment. In this SIP revision, the 
District combined Regulation 7.18 and 6.18 because the two regulations 
have identical requirements and standards, only differing in 
applicability. Originally, Regulation 7.18--Standards of Performance 
for New Solvent Metal Cleaning Equipment was only for new facilities, 
and Regulation 6.18--Standards of Performance for Existing Solvent 
Metal Cleaning Equipment was only for existing facilities. In the 
August 29, 2012, SIP revision, Regulation 6.18 has been updated with 
wording changes to incorporate the two regulations, and the new title 
is Regulation 6.18--Standards of Performance for Solvent Metal Cleaning 
Equipment, which applies to all facilities. By combining the two 
regulations, Regulation 7.18 is no longer needed and can be repealed. 
Regulation 6.18 is also revised to remove requirements that are no 
longer applicable. In 2000, Jefferson County prohibited the sale or use 
of solvents with vapor pressures greater than 1 mm Hg in cold cleaners. 
Regulation 6.18 was revised to remove requirements for solvents with 
higher vapor pressures, since they are no longer sold or used in 
Jefferson County.

IV. Incorporation by Reference

    In this rule, 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 Jefferson County Regulation 1.03--Abbreviations and Acronyms, 
which had a state effective date of January 16, 2008; Regulation 1.08--
Administrative Procedures, in which version 13 had an effective date of 
March 21, 2010; Regulation 1.11--Control of Open Burning; Regulation, 
in which version 10 has an effective date of January 16, 2008; 1.19--
Administrative Hearings, which has an effective date of January 16, 
2008; Regulation 6.18--Standards of Performance for Solvent Metal 
Cleaning Equipment, which has an effective date of May 9, 2003; and 
Regulations 6.43--Volatile Organic Compound Emissions Reduction 
Requirements, in which version 5 has an effective date of February 15, 
2006. EPA has made, and will continue to make, these documents 
generally available electronically through https://www.regulations.gov 
and/or in hard copy at the Region 4 office (see the ADDRESSES section 
of this preamble for more information).

V. Proposed Action

    EPA is proposing to approve Kentucky's August 29, 2012, SIP 
revision, submitted on behalf of the District, because it is consistent 
with the CAA. EPA believes that all of these proposed changes are 
consistent with section 110 of the CAA and meet the regulatory 
requirements pertaining to SIPs, including CAA section 110(l), since 
these changes are administrative in nature and will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA.

VI. 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 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 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

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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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Sulfur 
dioxide, Reporting, Volatile organic compounds, and Recordkeeping 
requirements.

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

    Dated: June 26, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-14399 Filed 7-7-17; 8:45 am]
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