[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47376-47378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21943]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0356; FRL-9963-19-Region 4]


Air Plan Approval; KY; Miscellaneous Source Specific Revisions 
for Jefferson County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Kentucky State Implementation Plan 
(SIP), submitted by the Commonwealth of Kentucky, through the Kentucky 
Division for Air Quality (KDAQ), on March 21, 2011, October 29, 2013, 
October 28, 2016, and March 24, 2017. The revisions were submitted by 
KDAQ on behalf of the Louisville Metro Air Pollution Control District, 
which has jurisdiction over Jefferson County, Kentucky. The revisions 
include changes to Jefferson County Regulations regarding Reasonably 
Available Control Technology (RACT) for two major sources of nitrogen 
oxides (NOx) and the removal of a volatile organic compounds (VOC) 
bubble rule.

DATES: This rule will be effective November 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0356. All documents in the docket 
are listed on the www.regulations.gov Web site. 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, 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: Joel Huey, 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 or Andres Febres, 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. Huey 
can be reached by telephone at (404) 562-9104 or via electronic mail at 
[email protected]. Mr. Febres can be reached by telephone at (404) 562-
8966 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In an August 10, 2017, proposed rulemaking, EPA proposed to approve 
changes to the Jefferson County portion of the Kentucky SIP that were 
received by EPA on March 21, 2011. 82 FR 37375. The August 10, 2017, 
rulemaking proposed to approve the March 21, 2011, SIP revision with 
modifications made through three addition submittals received by EPA on 
October 29, 2013, October 28, 2016, and March 24, 2017. Approval of 
Kentucky's March 21, 2011, submission, with the modifications from the 
October 29, 2013, October 28, 2016, and March 24, 2017, submissions, 
would: (1) Make several changes to Regulation 6.29, Standard of 
Performance for Graphic Arts Facilities Using Rotogravure or 
Flexographic Printing; (2) remove Regulation 7.57, Standard of 
Performance for New Graphic Arts Facilities Using Rotogravure or 
Flexographic Printing; (3) incorporate Amendment 4 to the Louisville 
Medical Steam Plant NOX RACT Board Order into the Jefferson 
County portion of the Kentucky SIP; (4) incorporate Amendment 3 to the 
Texas Gas Transmission NOX RACT Board Order into the 
Jefferson County portion of the Kentucky SIP; and (5) remove a VOC 
bubble rule for the General Electric plant in Louisville, Kentucky. The 
details of Kentucky's SIP revisions and the rationale for EPA's action 
are explained in the proposed rulemaking. Comments on the proposed 
rulemaking were due on or before September 11, 2017. EPA did not 
receive any comments on the proposed action, adverse or otherwise.

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 Jefferson 
County's Regulation 6.29, Standard of Performance for Graphic Arts 
Facilities Using Rotogravure or Flexographic Printing, effective August 
21, 2013; ``Board Order Texas Gas Transmission'' NOX RACT 
Plan, effective May 18, 2016; and ``Board Order Louisville Medical 
Center Steam Plant'' NOX RACT Plan, effective January 18, 
2017. 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). Therefore, these materials have been approved by EPA for 
inclusion into Kentucky's SIP, have been incorporated by reference by 
EPA into that plan, are fully federally-enforceable under sections 110 
and 113 of the Clean Air Act (CAA or Act) 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).

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[[Page 47377]]

III. Final Actions

    EPA is taking final action to approve changes to the Jefferson 
County Air Quality Regulations portion of the Kentucky SIP. The 
requested revisions were provided by KDAQ to EPA on March 21, 2011, 
October 29, 2013, October 28, 2016, and March 24, 2017. The changes 
being approved: (1) Modify Regulation 6.29, (2) remove Regulation 7.57, 
(3) incorporate Amendment 4 to the NOX RACT Board Order for 
the Louisville Medical Center Steam Plant into the Jefferson County 
portion of the Kentucky SIP, (4) incorporate Amendment 3 to 
NOX RACT Board Order for the Texas Gas Transmission facility 
into the Kentucky SIP, and (5) remove the VOC bubble rule for the 
General Electric plant in Louisville, Kentucky. EPA believes these 
changes are consistent with the requirements of the CAA.

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, these actions:

     Are 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);
     do not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 
FR 19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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 December 11, 2017. 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: September 28, 2017.
Onis ``Trey'' Glenn, III,
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, Table 2, is amended:
0
a. In paragraph (c), by revising the entry for ``6.29,'' under the 
heading ``Reg 6-Standards of Performance for Existing Affected 
Facilities'';
0
b. In paragraph (c), by removing the entry for ``7.57,'' under the 
heading ``Reg 7-Standards of Performance for New Affected Facilities'';
0
c. In paragraph (d), by removing the entry for ``Bubble action at 
General Electric in Louisville''; and
0
d. In paragraph (d), by revising the entries for ``Board Order 
Louisville Medical Center Steam Plant'', and ``Board Order Texas Gas 
Transmission.''
    The revisions read as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *
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                                             Table 2--EPA-Approved Jefferson County Regulation 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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[[Page 47378]]

 
                                                                      * * * * * * *
6.29................................  Standards of                 10/12/2017  [Insert citation of          8/21/2013  .................................
                                       Performance for                          publication].
                                       Existing Graphic Arts
                                       Facilities Using
                                       Rotogravure and
                                       Flexography.
 
                                                                      * * * * * * *
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    (d) * * *

                               EPA-Approved Kentucky Source-Specific Requirements
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                                                        State        EPA approval
        Name of source              Permit No.     effective date        date                Explanations
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                                                  * * * * * * *
Board Order Louisville Medical  NOX RACT Plan 1/        1/18/2017  10/12/2017,       ...........................
 Center Steam Plant.             18/2017.                           [Insert
                                                                    citation of
                                                                    publication].
 
                                                  * * * * * * *
Board Order Texas Gas           NOX RACT Plan 5/        5/18/2016  10/12/2017,       ...........................
 Transmission.                   18/2016.                           [Insert
                                                                    citation of
                                                                    publication].
 
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[FR Doc. 2017-21943 Filed 10-11-17; 8:45 am]
 BILLING CODE 6560-50-P