[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 52003-52005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20841]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0278; FRL-10000-49-Region 4]
Air Plan Approval; KY; Existing Indirect Heat Exchangers for
Jefferson County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
approving changes to the Jefferson County portion of the Kentucky State
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky,
through the Energy and Environment Cabinet (Cabinet), through a letter
dated March 15, 2018. The changes were submitted by the Cabinet on
behalf of the Louisville Metro Air Pollution Control District
(District, also referred to herein as Jefferson County). The SIP
revision includes changes to Jefferson County Regulations regarding
existing indirect heat exchangers.
DATES: This rule will be effective October 31, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0278. All documents in the docket
are listed on the www.regulations.gov website. 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 and Radiation 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: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be
reached via electronic mail at [email protected] or via telephone at
(404) 562-9089.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the Jefferson County portion of the
Kentucky SIP that were provided to EPA through Kentucky's Division of
Air Quality via a letter dated March 15, 2018.1 2 EPA is
approving the portions of this SIP revision that make changes to the
District's Regulation 6.07, Standards of Performance for Existing
Indirect Heat Exchangers.\3\ The March 15, 2018, SIP revision makes
minor and ministerial changes to Regulation 6.07 that do not alter the
meaning of the regulation or the emissions levels for sources regulated
under the Jefferson County Regulations, such as clarifying changes to
its applicability. In addition, other changes in the submittal
strengthen the SIP by adding specific test methods and procedures for
determining compliance with applicable emissions limits for affected
facilities. Accordingly, these rule changes do not relax the emissions
reductions to applicable sources, nor do they change any applicable
emissions limitations. The SIP revision updates the current SIP-
approved version of Regulation 6.07 (version 3) to version 4.
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\1\ EPA received the SIP revision on March 23, 2018.
\2\ 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.'' See The History of Air Pollution Control in Louisville,
available at https://louisvilleky.gov/government/air-pollution-control-district/history-air-pollution-control-louisville. 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, we refer throughout this notice to
regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
\3\ EPA received several submittals revising the Jefferson
County portion of the Kentucky SIP transmitted with the same March
15, 2018, cover letter. EPA will consider action on these other SIP
revisions in separate rulemakings.
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See EPA's July 22, 2019 (84 FR 35052), notice of proposed
rulemaking (NPRM) for further detail on these changes and EPA's
rationale for approving them. EPA received adverse comments on the
NPRM. EPA received one additional comment, available in the docket for
this action, which is not relevant to this rulemaking. EPA has
summarized and responded to the adverse comments in Section II of this
action.
II. Response to Comments
Comment: One commenter states that EPA should disapprove Regulation
6.07 because ``it is inconsistent with the National Environmental
Policy Act (NEPA) and it violates the Kentucky Clean Air Act.''
Response: EPA disagrees with this comment. The Agency is taking
action pursuant to the Federal CAA, and actions under the CAA are
exempt from NEPA. See 15 U.S.C. 793(c)(1). To the extent the commenter
intended to reference Kentucky's Air Pollution Control District Act
(codified at Kentucky Revised Statutes (KRS), Chapter 77, Air Pollution
Control) in its comment regarding the ``Kentucky Clean Air Act,'' EPA
notes that the District approved the revisions under KRS Chapter 77,
stating in the SIP submittal that KRS 77.180 provides for the control
of emissions from indirect heat exchangers.\4\ Further, EPA notes that
the commenter does not provide any rationale or information supporting
its assertions.
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\4\ The SIP revision also states that KRS 77.180 authorizes the
District to adopt and enforce all orders, rules, and regulations
necessary or proper to accomplish the purposes of KRS Chapter 77.
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Comment: One commenter states that the rule poses significant risks
to public health and the environment and that it will negatively impact
Kentucky's electricity market and increase energy prices in Kentucky.
Similarly, another commenter suggests that EPA should ``revisit'' the
rule because it does not properly address the community's needs and
that the ``system in place to assist our community in reducing energy
costs is not the `best' fit today and is not fit in the future for our
community.''
Response: EPA disagrees that the SIP revision poses a significant
risk to public health and the environment. The changes to Regulation
6.07 do not alter any applicable emissions limitations and are
therefore not expected to increase emissions. Rather, the revisions
clarify and strengthen the SIP by providing specific testing
requirements for certain sources. In addition, sources regulated
pursuant to Regulation 6.07 are not otherwise required by Federal
regulations to achieve emissions reductions; therefore, Regulation 6.07
benefits Jefferson County by requiring specific emissions reductions
for particulate matter (PM) and sulfur dioxide (SO2) from
these sources.
[[Page 52004]]
With respect to the assertion that the action will impact the
energy market and costs in Kentucky, EPA's role in reviewing SIP
submittals is to approve state choices provided that they meet the
minimum requirements of the CAA. See CAA section 110(k)(3). The
economic reasonableness of the District's choice to modify Regulation
6.07 is not a factor that EPA can consider when acting on this SIP
revision. See CAA section 110(a)(2); Union Elec. Co. v. EPA, 427 U.S.
246, 256-66 (1976). EPA notes, however, that the District anticipates
no increased costs as a result of these rule revisions, as stated in
the SIP submittal. Further, EPA notes that the commenter does not
provide any rationale or information supporting its assertions
regarding energy costs and risks to public health and the environment.
Comment: One commenter states that EPA should disapprove the
changes to Regulation 6.07 because they are ``inconsistent with EPA's
national air quality management plan and are inconsistent with the
Agency's statutory authority to define `greenhouse gas emissions'
(which is what the proposed amendments are addressing).''
Response: It is unclear how this comment relates to the proposal.
The commenter does not provide any specific information regarding the
``national air quality management plan'' or EPA's statutory authority
to define greenhouse gas emissions, nor does the commenter explain how
this plan and authority are allegedly inconsistent with EPA's action to
incorporate the changes to Regulation 6.07 into the SIP. Further, EPA
notes that Regulation 6.07 regulates the emissions of criteria air
pollutants, namely PM and SO2, not greenhouse gases.
III. Incorporation by Reference
In this document, 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 6.07, Standards of Performance for Existing
Indirect Heat Exchangers, version 4, State effective January 17, 2018,
which makes minor and ministerial changes to Regulation 6.07 that do
not alter the meaning of the regulation or the emissions levels for
sources and strengthens the SIP by adding specific test methods and
procedures for determining compliance with applicable emissions limits
for affected facilities. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and 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 in the State implementation plan, have been incorporated by
reference by EPA into that plan, are 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 in
the next update to the SIP compilation.\5\
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\5\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving changes to the Jefferson County portion of the
Kentucky SIP included in a March 15, 2018, submittal. Specifically, EPA
is approving the District's Regulation 6.07 version 4 into the SIP. The
March 15, 2018, SIP revision makes minor and ministerial changes such
as clarifying the applicability of the regulation, and includes more
specific requirements for test methods and procedures for affected
facilities. These changes are consistent with the CAA and EPA policy,
and these rule adoptions will not interfere with attainment or
maintenance of the national ambient air quality standards (NAAQS) or
with any other applicable requirement of the Act.
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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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 2, 2019. Filing a petition for
reconsideration by the
[[Page 52005]]
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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 17, 2019.
Mary S. Walker,
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. In Sec. 52.920(c), table 2 is amended under ``Reg 6-Standards of
Performance for Existing Affected Facilities'' by revising the entry
for ``6.07'' to read as follows:
Sec. 52.920 Identification of plan.
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(c) * * *
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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EPA District
Reg Title/subject approval Federal Register effective Explanation
date notice date
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Reg 6--Standards of Performance for Existing Affected Facilities
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6.07............... Standards of 10/1/2019 [Insert Federal 1/17/2018
Performance for Register citation].
Existing Indirect
Heat Exchangers.
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[FR Doc. 2019-20841 Filed 9-30-19; 8:45 am]
BILLING CODE 6560-50-P