[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59309-59311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20431]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0391; FRL-10080-02-R4]


Air Plan Approval; Kentucky; Source Specific Revision for 
Jefferson County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
approval of a revision to the Kentucky State Implementation Plan (SIP), 
submitted by the Commonwealth of Kentucky, through the Kentucky 
Division for Air Quality (KDAQ), on March 29, 2021. The revision was 
submitted by KDAQ on behalf of the Louisville Metro Air Pollution 
Control District (District or Jefferson County), which has jurisdiction 
over Jefferson County, Kentucky. The revision removes from the SIP 
several source-specific permits for a facility, which were previously 
incorporated by reference, and replaces them with a Board Order with 
emissions controls that are at least as stringent as those in the 
permits.

DATES: This rule is effective October 31, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2017-0391. 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: Joel Huey, 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. Huey can be reached by telephone at (404) 562-9104 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In 1990, EPA approved a revision to the Kentucky SIP that added an 
emission reduction plan in the form of a ``bubble rule'' for the Alcan 
Foil Products \1\ (now LL Flex) plant in Louisville, Kentucky. See 55 
FR 20268 (May 16, 1990). That revision allowed the facility to average, 
or ``bubble,'' volatile organic compound (VOC) emissions from nine 
rotogravure printing/coating machines in lieu of achieving compliance 
with Jefferson County's SIP-approved reasonably available control 
technology (RACT) regulation--Regulation 6.29, ``Standard of 
Performance for Existing Graphic Arts Facilities Using Rotogravure and 
Flexography''--which limits VOC emissions from graphic arts facilities 
on a line-by-line \2\ basis. The revision treated the nine machines as 
one affected facility and required the facility to achieve a VOC 
emissions reduction equivalent to at least 20 percent of the baseline 
emissions from the affected units.\3\ Jefferson County included these 
provisions in various permits issued by the District to Alcan Foil 
Products (now LL Flex), and those permits were incorporated by 
reference into the Kentucky SIP. Specifically, the May 16, 1990, 
approval incorporated into the SIP the Air Pollution Control District 
of Jefferson County's (APCDJC's) Permits 103-74, 104-74, 105-74, 106-
74, 110-74, and 111-74, as effective on February 28, 1990.
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    \1\ The company, originally named Alcan Foil Products, later 
became Reynolds Metals Company, then LL Flex, LLC.
    \2\ ``Line'' refers to ``printing line,'' which is defined, in 
part, as ``a series of processes, and the associated process 
equipment, used to apply, dry, and cure an ink containing a VOC.'' 
See Definition 1.8 of Regulation 6.29, Section 1.
    \3\ As described in the notice of proposed rulemaking for the 
1990 action, ``Baseline emissions were determined using the lowest 
of actual, SIP-allowable or RACT-allowable emissions for each source 
involved in the bubble, with values for the actual quantity of VOC 
content of coatings used based on the most recent two-year period.'' 
See 55 FR 2842 (January 29, 1990).
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    Subsequently, in 1998, EPA approved a revision to the Kentucky SIP 
that provided additional flexibilities to the plant operations of 
Reynolds Metals Company (now LL Flex) so that customer printing demands 
could be satisfied. See 63 FR 1927 (January 13, 1998). The revision 
lowered the daily maximum VOC emissions allowed from the facility's 
nine rotogravure printing/coating machines but retained the tons per 
year limit for the facility while increasing the number of operating 
days allowed. Additionally, the revision removed the maximum operating 
speeds for the nine machines. Jefferson County included these 
provisions in permits issued by the District to Reynolds Metals 
Company, and those permits were incorporated by reference into the 
Kentucky SIP. Specifically, the January 13, 1998, approval incorporated 
into the SIP updates to the previously approved APCDJC Permits 103-74, 
104-74, 105-74, 106-74, 110-74, and 111-74, as effective on April 16, 
1997.
    On March 29, 2021, Jefferson County submitted a new SIP revision to 
remove the permits previously incorporated by

[[Page 59310]]

reference and replace them with a Board Order, which was issued by the 
District to the facility on November 18, 2020, and which imposes 
control requirements that are at least as stringent as those in the old 
permits.4 5 This way, the Board Order becomes the source-
specific SIP-approved provision, and any future amendments made by the 
District to the facility's permits for matters that are unrelated to 
the Board Order conditions will not necessitate a SIP revision.
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    \4\ The November 18, 2020, Board Order also formally changes the 
name of the owner to LL Flex, LLC, and the name of the facility to 
LL Flex, LLC, Louisville Laminating Plant.
    \5\ Found under 40 CFR 52.920(d), the old permits being removed 
were approved in the Kentucky SIP as ``Operating Permits for nine 
presses at the Alcan Foil Products facility--Louisville'' and 
``Reynolds Metals Company.''
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    On August 1, 2022 (87 FR 46916) EPA published a Notice of Proposed 
Rulemaking (NPRM), which included additional background on the changes 
and EPA's analysis. Comments on the August 1, 2022, NPRM were due on or 
before August 31, 2022. No comments were received on the August 1, 
2022, NPRM, and EPA is now finalizing the changes as proposed.

II. 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, and as discussed in Section I of this preamble, EPA is finalizing 
the incorporation by reference of Jefferson County's source-specific 
Board Order for LL Flex, LLC, effective on November 18, 2020. Also in 
this document, EPA is approving the removal of APCDJC Permits 103-74, 
104-74, 105-74, 106-74, 110-74, and 111-74, effective on February 28, 
1990, for Alcan Foil Products and effective on April 16, 1997, for the 
Reynolds Metals Company, from the Kentucky SIP, which were previously 
incorporated by reference in accordance with requirements of 1 CFR 
51.5. EPA has made, and will continue to make, the SIP generally 
available 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, the revised materials as 
stated above, 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.\6\
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    \6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the March 29, 2021, SIP revision and replacing the 
existing source-specific permits for the LL Flex facility in the 
Kentucky SIP with the November 18, 2020, Board Order.

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, 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 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 November 29, 2022. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

[[Page 59311]]

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(d), amend the table by:
0
a. Removing the entries for ``Operating Permits for nine presses at the 
Alcan Foil Products facility--Louisville'' and ``Reynolds Metals 
Company''; and
0
b. Adding a new entry for ``Board Order for LL Flex, LLC'' at the end 
of the table.
    The addition reads as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved Kentucky Source-Specific Requirements
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                                                                 State
          Name of source                  Permit No.        effective date   EPA approval date     Explanations
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                                                  * * * * * * *
Board Order for LL Flex, LLC.....  N/A....................      11/18/2020  9/30/2022, [Insert
                                                                             citation of
                                                                             publication].
 
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[FR Doc. 2022-20431 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P