81_FR_39117 81 FR 39002 - Air Plan Approval; Kentucky; Source Specific Revision for Louisville Gas and Electric

81 FR 39002 - Air Plan Approval; Kentucky; Source Specific Revision for Louisville Gas and Electric

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 115 (June 15, 2016)

Page Range39002-39003
FR Document2016-14032

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky through its Energy and Environment Cabinet, Department of Environmental Protection, Division for Air Quality (KY DAQ) on February 13, 2013, for the purpose of establishing emission requirements for the changeover from coal-fired units U4, U5 and U6 to a new natural gas-fired combined cycle (NGCC) generating unit U15 and auxiliary boiler U16 at the Louisville Gas and Electric Company, Cane Run Generating Station (LG & E Cane Run Facility).

Federal Register, Volume 81 Issue 115 (Wednesday, June 15, 2016)
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Proposed Rules]
[Pages 39002-39003]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14032]



[[Page 39002]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0675; FRL-9947-61-Region 4]


Air Plan Approval; Kentucky; Source Specific Revision for 
Louisville Gas and Electric

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Kentucky through its Energy and Environment Cabinet, 
Department of Environmental Protection, Division for Air Quality (KY 
DAQ) on February 13, 2013, for the purpose of establishing emission 
requirements for the changeover from coal-fired units U4, U5 and U6 to 
a new natural gas-fired combined cycle (NGCC) generating unit U15 and 
auxiliary boiler U16 at the Louisville Gas and Electric Company, Cane 
Run Generating Station (LG & E Cane Run Facility).

DATES: Comments must be received on or before July 15, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0675 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: Jane Spann of 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. Ms. Spann may be reached by telephone at (404) 562-9029 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Ozone is created when chemical reactions between volatile organic 
compounds (VOC) and nitrogen oxides (NOX) occur in the 
presence of sunlight. Ozone is reduced by reducing VOC and 
NOX emissions. The Louisville Metro Air Pollution Control 
District (LMAPCD) adopted regulation 6.42 Reasonably Available Control 
Technology Requirements for Major Volatile Organic Compound and 
Nitrogen Oxides Emitting Facilities on February 2, 1994. LMAPCD's 
regulation 6.42 was submitted to EPA, through the Commonwealth of 
Kentucky, on May 21, 1999. On October 23, 2001, EPA approved LMAPCD's 
regulation 6.42, section 4.4 of which requires LMAPCD to submit each 
source-specific reasonably available control technology (RACT) 
determination to EPA for approval into the Kentucky SIP. See 66 FR 
53658. On the same date, EPA approved the NOX RACT plan for 
LG & E's Cane Run Facility into the SIP. See 66 FR 53684.
    On June 13, 2011, LG & E submitted to the Air Pollution Control 
Board of Jefferson County (Board) an application for a permit to 
construct a new NGCC generating unit U15 and auxiliary boiler U16 and 
retire coal-fired units U4, U5 and U6 at LG & E's Cane Run Facility to 
comply with other federal requirements, including the Mercury & Air 
Toxics Standards and the Cross-State Air Pollution Rule.\1\ In 
response, on July 18, 2012, the Board adopted Amendment 2 establishing 
NOX emission rates for the new units. On February 13, 2013, 
KY DAQ, on behalf of LMAPCD, submitted a SIP revision for EPA to 
approve the LG & E Cane Run Generating Station NOX RACT Plan 
Amendment 2 into the Kentucky SIP. The LG & E Cane Run Generating 
Station NOX RACT Plan Amendment 2 includes two parts: Part 
1, the existing NOX RACT Plan for the coal-fired units, 
which will remain in effect until those units are retired; and Part 2, 
the plan that will become effective upon the start of operation of the 
NGCC facility and the shut-down of the coal-fired units.
---------------------------------------------------------------------------

    \1\ Amendment 2 of the February 13, 2013, submittal includes a 
Dew Point Heater (U17). In 2014, LG&E notified LMAPCD that LG&E is 
not installing U17 after all.
---------------------------------------------------------------------------

II. Analysis of State Submittal

    CAA section 110(l) does not allow approval of a SIP revision if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress or any other applicable 
requirement of the CAA. On May 19, 2015, LMAPCD submitted supplemental 
information regarding the February 13, 2013, submittal to address CAA 
section 110(l). The May 19, 2015, supplemental document compares the 
NOX and VOC emissions from the coal-fired electric 
generation units (EGUs) (U4, U5 and U6) to those from the new NGCC 
generating unit U15 and auxiliary boiler U16. The comparison shows that 
substitution of NGCC units for the coal-fired EGUs will cause a 
reduction of 11,660 tons per year (tpy) of NOX allowable 
emissions.\2\ It also indicates a possible increase of 25.2 tpy of VOC 
allowable emissions.\3\
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    \2\ Permitted, maximum, allowable NOX emissions for 
any consecutive 12 month period.
    \3\ Permitted, maximum, allowable VOC emissions for any 
consecutive 12 month period.
---------------------------------------------------------------------------

    The Louisville area is currently in compliance with the ozone 
national ambient air quality standards (NAAQS). To demonstrate that the 
potential VOC increase of 25.2 tpy would not interfere with the area's 
ongoing attainment of the ozone NAAQS, LMAPCD conducted an analysis of 
ozone sensitivity based on data from monitors in the Louisville 
Metropolitan Statistical Area and a region-wide modeling project known 
as the ``Southeastern Modeling, Analysis, and Planning'' (SEMAP).\4\ 
The analysis compared the tons per day of ozone reduced based on 
NOX reductions and based on VOC reductions and determined 
that NOX emission reductions in the Louisville region are 2 
to 16 times more effective than VOC emission reductions at reducing 
ozone concentrations. Based on this analysis, LMAPCD determined that a 
25-ton increase in VOC emissions can be offset with a reduction in 
NOX emissions of as much as 400 tons to as little as 50 
tons. Therefore, LMAPCD concluded that the potential increase in VOC of 
25.2 tpy from the Cane Run facility is offset by the concurrent 11,660 
tpy reduction in NOX. EPA has preliminarily determined that 
the new NOX RACT plan associated with Cane Run's change from 
coal-fired to natural gas-fired units meets the

[[Page 39003]]

requirements of CAA section 110(l). Thus, EPA is proposing to approve 
the February 13, 2013, SIP submittal into the federally-approved SIP. 
This area is, as noted above, in compliance with the ozone NAAQS and 
there is no indication that this proposed action will cause 
interference with compliance with the fine particulate matter or 
nitrogen dioxide NAAQS.
---------------------------------------------------------------------------

    \4\ Odam, Talat, and Zac Adelman. Emissions and Air Quality 
Modeling for SEMAP. Georgia Institute of Technology Environmental 
Engineering Department, the University of North Carolina Institute 
for the Environment and the Colorado State University Cooperative 
Institute for Research in the Atmosphere. October 15, 2014.
---------------------------------------------------------------------------

III. 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 the KY DAQ source-specific provision entitled ``Air Pollution 
Control Board of Jefferson County Board Order--Amendment 2,'' approved 
by LMAPCD on July 18, 2012. EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 4 office (see 
the ADDRESSES section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the February 13, 2013, Kentucky SIP 
revision which adds LG & E Cane Run Generating Station NOX 
RACT Plan Amendment 2 to the federally-approved Kentucky SIP. This SIP 
includes emission requirements for the changeover from coal-fired units 
to natural gas-fired combined cycle EGUs and associated equipment.

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 approves 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 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, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: June 1, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-14032 Filed 6-14-16; 8:45 am]
 BILLING CODE 6560-50-P



                                               39002                 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules

                                               ENVIRONMENTAL PROTECTION                                Implementation Branch, Air, Pesticides                 of operation of the NGCC facility and
                                               AGENCY                                                  and Toxics Management Division, U.S.                   the shut-down of the coal-fired units.
                                                                                                       Environmental Protection Agency,
                                               40 CFR Part 52                                                                                                 II. Analysis of State Submittal
                                                                                                       Region 4, 61 Forsyth Street SW.,
                                                                                                       Atlanta, Georgia 30303–8960. Ms.                          CAA section 110(l) does not allow
                                               [EPA–R04–OAR–2015–0675; FRL–9947–61–
                                                                                                       Spann may be reached by telephone at                   approval of a SIP revision if the revision
                                               Region 4]
                                                                                                       (404) 562–9029 or via electronic mail at               would interfere with any applicable
                                               Air Plan Approval; Kentucky; Source                     spann.jane@epa.gov.                                    requirement concerning attainment and
                                               Specific Revision for Louisville Gas                                                                           reasonable further progress or any other
                                                                                                       SUPPLEMENTARY INFORMATION:                             applicable requirement of the CAA. On
                                               and Electric
                                                                                                       I. Background                                          May 19, 2015, LMAPCD submitted
                                               AGENCY:    Environmental Protection                                                                            supplemental information regarding the
                                               Agency.                                                   Ozone is created when chemical                       February 13, 2013, submittal to address
                                               ACTION:Proposed rule.                                   reactions between volatile organic                     CAA section 110(l). The May 19, 2015,
                                                                                                       compounds (VOC) and nitrogen oxides                    supplemental document compares the
                                               SUMMARY:   The Environmental Protection                 (NOX) occur in the presence of sunlight.               NOX and VOC emissions from the coal-
                                               Agency (EPA) is proposing to approve a                  Ozone is reduced by reducing VOC and                   fired electric generation units (EGUs)
                                               State Implementation Plan (SIP)                         NOX emissions. The Louisville Metro                    (U4, U5 and U6) to those from the new
                                               revision submitted by the                               Air Pollution Control District                         NGCC generating unit U15 and auxiliary
                                               Commonwealth of Kentucky through its                    (LMAPCD) adopted regulation 6.42                       boiler U16. The comparison shows that
                                               Energy and Environment Cabinet,                         Reasonably Available Control                           substitution of NGCC units for the coal-
                                               Department of Environmental                             Technology Requirements for Major                      fired EGUs will cause a reduction of
                                               Protection, Division for Air Quality (KY                Volatile Organic Compound and                          11,660 tons per year (tpy) of NOX
                                               DAQ) on February 13, 2013, for the                      Nitrogen Oxides Emitting Facilities on                 allowable emissions.2 It also indicates a
                                               purpose of establishing emission                        February 2, 1994. LMAPCD’s regulation                  possible increase of 25.2 tpy of VOC
                                               requirements for the changeover from                    6.42 was submitted to EPA, through the                 allowable emissions.3
                                               coal-fired units U4, U5 and U6 to a new                 Commonwealth of Kentucky, on May                          The Louisville area is currently in
                                               natural gas-fired combined cycle                        21, 1999. On October 23, 2001, EPA                     compliance with the ozone national
                                               (NGCC) generating unit U15 and                          approved LMAPCD’s regulation 6.42,                     ambient air quality standards (NAAQS).
                                               auxiliary boiler U16 at the Louisville                  section 4.4 of which requires LMAPCD                   To demonstrate that the potential VOC
                                               Gas and Electric Company, Cane Run                      to submit each source-specific                         increase of 25.2 tpy would not interfere
                                               Generating Station (LG & E Cane Run                     reasonably available control technology                with the area’s ongoing attainment of
                                               Facility).                                              (RACT) determination to EPA for                        the ozone NAAQS, LMAPCD conducted
                                               DATES:  Comments must be received on                    approval into the Kentucky SIP. See 66                 an analysis of ozone sensitivity based on
                                               or before July 15, 2016.                                FR 53658. On the same date, EPA                        data from monitors in the Louisville
                                                                                                       approved the NOX RACT plan for LG &                    Metropolitan Statistical Area and a
                                               ADDRESSES: Submit your comments,
                                                                                                       E’s Cane Run Facility into the SIP. See                region-wide modeling project known as
                                               identified by Docket ID No. EPA–R04–                                                                           the ‘‘Southeastern Modeling, Analysis,
                                                                                                       66 FR 53684.
                                               OAR–2015–0675 at http://                                                                                       and Planning’’ (SEMAP).4 The analysis
                                               www.regulations.gov. Follow the online                     On June 13, 2011, LG & E submitted
                                                                                                       to the Air Pollution Control Board of                  compared the tons per day of ozone
                                               instructions for submitting comments.                                                                          reduced based on NOX reductions and
                                               Once submitted, comments cannot be                      Jefferson County (Board) an application
                                                                                                       for a permit to construct a new NGCC                   based on VOC reductions and
                                               edited or removed from Regulations.gov.                                                                        determined that NOX emission
                                               EPA may publish any comment received                    generating unit U15 and auxiliary boiler
                                                                                                       U16 and retire coal-fired units U4, U5                 reductions in the Louisville region are 2
                                               to its public docket. Do not submit                                                                            to 16 times more effective than VOC
                                               electronically any information you                      and U6 at LG & E’s Cane Run Facility
                                                                                                       to comply with other federal                           emission reductions at reducing ozone
                                               consider to be Confidential Business                                                                           concentrations. Based on this analysis,
                                               Information (CBI) or other information                  requirements, including the Mercury &
                                                                                                       Air Toxics Standards and the Cross-                    LMAPCD determined that a 25-ton
                                               whose disclosure is restricted by statute.                                                                     increase in VOC emissions can be offset
                                               Multimedia submissions (audio, video,                   State Air Pollution Rule.1 In response,
                                                                                                       on July 18, 2012, the Board adopted                    with a reduction in NOX emissions of as
                                               etc.) must be accompanied by a written                                                                         much as 400 tons to as little as 50 tons.
                                               comment. The written comment is                         Amendment 2 establishing NOX
                                                                                                       emission rates for the new units. On                   Therefore, LMAPCD concluded that the
                                               considered the official comment and                                                                            potential increase in VOC of 25.2 tpy
                                               should include discussion of all points                 February 13, 2013, KY DAQ, on behalf
                                                                                                                                                              from the Cane Run facility is offset by
                                               you wish to make. EPA will generally                    of LMAPCD, submitted a SIP revision
                                                                                                                                                              the concurrent 11,660 tpy reduction in
                                               not consider comments or comment                        for EPA to approve the LG & E Cane Run
                                                                                                                                                              NOX. EPA has preliminarily determined
                                               contents located outside of the primary                 Generating Station NOX RACT Plan
                                                                                                                                                              that the new NOX RACT plan associated
                                               submission (i.e. on the Web, cloud, or                  Amendment 2 into the Kentucky SIP.
                                                                                                                                                              with Cane Run’s change from coal-fired
                                               other file sharing system). For                         The LG & E Cane Run Generating
                                                                                                                                                              to natural gas-fired units meets the
                                               additional submission methods, the full                 Station NOX RACT Plan Amendment 2
                                               EPA public comment policy,                              includes two parts: Part 1, the existing                 2 Permitted, maximum, allowable NO emissions
                                                                                                                                                                                                      X
                                               information about CBI or multimedia                     NOX RACT Plan for the coal-fired units,                for any consecutive 12 month period.
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               submissions, and general guidance on                    which will remain in effect until those                  3 Permitted, maximum, allowable VOC emissions


                                               making effective comments, please visit                 units are retired; and Part 2, the plan                for any consecutive 12 month period.
                                                                                                                                                                4 Odam, Talat, and Zac Adelman. Emissions and
                                               http://www2.epa.gov/dockets/                            that will become effective upon the start
                                                                                                                                                              Air Quality Modeling for SEMAP. Georgia Institute
                                               commenting-epa-dockets.                                                                                        of Technology Environmental Engineering
                                                                                                         1 Amendment 2 of the February 13, 2013,              Department, the University of North Carolina
                                               FOR FURTHER INFORMATION CONTACT: Jane
                                                                                                       submittal includes a Dew Point Heater (U17). In        Institute for the Environment and the Colorado
                                               Spann of the Air Regulatory                             2014, LG&E notified LMAPCD that LG&E is not            State University Cooperative Institute for Research
                                               Management Section, Air Planning and                    installing U17 after all.                              in the Atmosphere. October 15, 2014.



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                                                                     Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules                                           39003

                                               requirements of CAA section 110(l).                        • Is certified as not having a                      DEPARTMENT OF HEALTH AND
                                               Thus, EPA is proposing to approve the                   significant economic impact on a                       HUMAN SERVICES
                                               February 13, 2013, SIP submittal into                   substantial number of small entities
                                               the federally-approved SIP. This area is,               under the Regulatory Flexibility Act (5                Office of the Secretary
                                               as noted above, in compliance with the                  U.S.C. 601 et seq.);
                                               ozone NAAQS and there is no                                                                                    45 CFR Part 5
                                                                                                          • Does not contain any unfunded
                                               indication that this proposed action will                                                                      RIN 0991–AC04
                                                                                                       mandate or significantly or uniquely
                                               cause interference with compliance
                                               with the fine particulate matter or                     affect small governments, as described
                                                                                                                                                              Freedom of Information Regulations
                                               nitrogen dioxide NAAQS.                                 in the Unfunded Mandates Reform Act
                                                                                                       of 1995 (Pub. L. 104–4);                               AGENCY:  Office of the Secretary,
                                               III. Incorporation by Reference                                                                                Department of Health and Human
                                                                                                          • Does not have Federalism
                                                  In this rule, EPA is proposing to                    implications as specified in Executive                 Services (HHS).
                                               include in a final EPA rule regulatory                  Order 13132 (64 FR 43255, August 10,                   ACTION: Proposed rule.
                                               text that includes incorporation by                     1999);
                                               reference. In accordance with                                                                                  SUMMARY:    The Department of Health and
                                                                                                          • Is not an economically significant                Human Services (HHS) is proposing to
                                               requirements of 1 CFR 51.5, EPA is                      regulatory action based on health or
                                               proposing to incorporate by reference                                                                          revise and republish its regulations
                                                                                                       safety risks subject to Executive Order                implementing the Freedom of
                                               the KY DAQ source-specific provision
                                                                                                       13045 (62 FR 19885, April 23, 1997);                   Information Act (FOIA). The regulations
                                               entitled ‘‘Air Pollution Control Board of
                                               Jefferson County Board Order—                              • Is not a significant regulatory action            are being revised in order to incorporate
                                               Amendment 2,’’ approved by LMAPCD                       subject to Executive Order 13211 (66 FR                changes made to the FOIA by the
                                               on July 18, 2012. EPA has made, and                     28355, May 22, 2001);                                  Openness Promotes Effectiveness in our
                                               will continue to make, these documents                                                                         National Government Act of 2007
                                                                                                          • Is not subject to requirements of                 (OPEN Government Act) and the
                                               generally available electronically                      Section 12(d) of the National
                                               through www.regulations.gov and/or in                                                                          Electronic FOIA Act of 1996 (E–FOIA
                                                                                                       Technology Transfer and Advancement                    Act). Additionally, the regulations are
                                               hard copy at the EPA Region 4 office                    Act of 1995 (15 U.S.C. 272 note) because
                                               (see the ADDRESSES section of this                                                                             being updated to reflect changes to the
                                                                                                       application of those requirements would                organization, to make the FOIA process
                                               preamble for more information).                         be inconsistent with the CAA; and                      easier for the public to navigate, to
                                               IV. Proposed Action                                        • Does not provide EPA with the                     update HHS’s fee schedule, and to make
                                                                                                       discretionary authority to address, as                 provisions clearer. Because of the
                                                 EPA is proposing to approve the
                                                                                                       appropriate, disproportionate human                    numerous changes to the organization
                                               February 13, 2013, Kentucky SIP
                                                                                                       health or environmental effects, using                 and to the headings, the regulations are
                                               revision which adds LG & E Cane Run
                                                                                                       practicable and legally permissible                    being republished in their entirety.
                                               Generating Station NOX RACT Plan
                                               Amendment 2 to the federally-approved                   methods, under Executive Order 12898                   DATES: Submit comments on or before
                                               Kentucky SIP. This SIP includes                         (59 FR 7629, February 16, 1994).                       August 15, 2016.
                                               emission requirements for the                                                                                  ADDRESSES: You may submit comments
                                                                                                          The SIP is not approved to apply on
                                               changeover from coal-fired units to                                                                            via the Federal eRulemaking Portal at
                                                                                                       any Indian reservation land or in any
                                               natural gas-fired combined cycle EGUs                                                                          www.regulations.gov. In addition, please
                                                                                                       other area where EPA or an Indian tribe
                                               and associated equipment.                                                                                      include the Docket ID at the top of your
                                                                                                       has demonstrated that a tribe has                      comments.
                                               V. Statutory and Executive Order                        jurisdiction. In those areas of Indian
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                               Reviews                                                 country, the rule does not have tribal
                                                                                                                                                              Michael Marquis, Michael Bell, Deborah
                                                 Under the CAA, the Administrator is                   implications as specified by Executive
                                                                                                                                                              Peters, and/or Brandon Lancey by email
                                               required to approve a SIP submission                    Order 13175 (65 FR 67249, November 9,                  to: HHS.ACFO@hhs.gov. These
                                               that complies with the provisions of the                2000), nor will it impose substantial                  individuals also can be reached by
                                               Act and applicable federal regulations.                 direct costs on tribal governments or                  telephone at 202–690–7453.
                                               See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 preempt tribal law.
                                                                                                                                                              SUPPLEMENTARY INFORMATION: This rule
                                               Thus, in reviewing SIP submissions,                     List of Subjects in 40 CFR Part 52                     proposes revisions to the Department’s
                                               EPA’s role is to approve state choices,                                                                        regulations implementing the Freedom
                                               provided that they meet the criteria of                   Environmental protection, Air                        of Information Act (FOIA), 5 U.S.C. 552.
                                               the CAA. Accordingly, this proposed                     pollution control, Incorporation by                    The Department’s FOIA regulations
                                               action merely approves state law as                     reference, Intergovernmental relations,                were last revised on November 23, 1988.
                                               meeting federal requirements and does                   Nitrogen dioxide, Ozone, Particulate                   Since that time, there have been major
                                               not impose additional requirements                      matter, Reporting and recordkeeping                    changes to the FOIA through the
                                               beyond those imposed by state law. For                  requirements, Volatile organic                         passage of the Openness Promotes
                                               that reason, this proposed action:                      compounds.                                             Effectiveness in our National
                                                 • Is not a significant regulatory action                                                                     Government Act of 2007 (OPEN
                                                                                                         Authority: 42 U.S.C. 7401 et seq.
                                               subject to review by the Office of                                                                             Government Act) (Pub. L. 110–175, 121
                                               Management and Budget under                               Dated: June 1, 2016.                                 Stat. 2524) and the Electronic Freedom
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                                               Executive Orders 12866 (58 FR 51735,                    Heather McTeer Toney,                                  of Information Act Amendments of 1996
                                               October 4, 1993) and 13563 (76 FR 3821,                 Regional Administrator, Region 4.                      (E–FOIA Act) (Pub. L. 104–231, 110
                                               January 21, 2011);                                      [FR Doc. 2016–14032 Filed 6–14–16; 8:45 am]            Stat. 3048). This revision proposes to
                                                 • Does not impose an information                                                                             update the regulations to make them
                                                                                                       BILLING CODE 6560–50–P
                                               collection burden under the provisions                                                                         consistent with the OPEN Government
                                               of the Paperwork Reduction Act (44                                                                             Act and the E–FOIA Act. In addition,
                                               U.S.C. 3501 et seq.);                                                                                          these regulations are being updated to


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Document Created: 2016-06-15 02:21:13
Document Modified: 2016-06-15 02:21:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before July 15, 2016.
ContactJane Spann of 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. Ms. Spann may be reached by telephone at (404) 562-9029 or via electronic mail at [email protected]
FR Citation81 FR 39002 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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