81 FR 59488 - Air Plan Approval; Kentucky; Source Specific Revision for Louisville Gas and Electric
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 168 (August 30, 2016)
Federal Register Volume 81, Issue 168 (August 30, 2016)
| Page Range | 59488-59490 | |
| FR Document | 2016-20656 |
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)] [Rules and Regulations] [Pages 59488-59490] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20656] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0675; FRL-9951-59-Region 4] Air Plan Approval; Kentucky; Source Specific Revision for Louisville Gas and Electric AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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 [[Page 59489]] 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: This rule will be effective September 29, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0675. All documents in the docket are listed on the www.regulations.gov Web site. 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, 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: 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. --------------------------------------------------------------------------- In a notice of proposed rulemaking (NPRM) published on June 15, 2016 (81 FR 39002), EPA proposed to approve Kentucky's February 13, 2013, submission, for the purpose of establishing emission requirements for the changeover from coal-fired units U4, U5 and U6 to a new NGCC generating unit U15 and auxiliary boiler U16 at the LG & E Cane Run Facility. No comments were received on the June 15, 2016, proposed rulemaking. The details of Kentucky's submittal and the rationale for EPA's actions are further explained in the NPRM. See 81 FR 39002 (June 15, 2016). 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 KY DAQ source-specific provision entitled ``Air Pollution Control Board of Jefferson County Board Order--Amendment 2,'' approved by LMAPCD on July 18, 2012. Therefore, this material has been approved by EPA for inclusion in the SIP, has been incorporated by reference by EPA into that plan, is 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 by the Director of the Federal Register in the next update to the SIP compilation.\2\ 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) --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is taking final action 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 revision includes emission requirements for the changeover from coal-fired units to natural gas-fired combined cycle EGUs and associated equipment. 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. Accordingly, 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 [[Page 59490]] affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 October 31, 2016. 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, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 17, 2016. Heather McTeer Toney, 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(d) is amended by adding a new entry ``LG & E Cane Run Generating Station NO X RACT Plan Amendment 2'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (d) * * * EPA-Approved Kentucky Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of source Permit No. effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- * * * * * * * LG & E Cane Run Generating N/A................. 7/18/2012 8/30/2016, [Insert Station NOX RACT Plan Amendment citation of 2. publication]. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-20656 Filed 8-29-16; 8:45 am] BILLING CODE 6560-50-P
![59488 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
C. Petitions for Judicial Review challenged later in proceedings to PART 52—APPROVAL AND
enforce its requirements. (See section PROMULGATION OF
Under section 307(b)(1) of the CAA,
petitions for judicial review of this 307(b)(2).) IMPLEMENTATION PLANS
action must be filed in the United States List of Subjects in 40 CFR Part 52 ■ 1. The authority citation for part 52
Court of Appeals for the appropriate continues to read as follows:
circuit by October 31, 2016. Filing a Environmental protection, Air
petition for reconsideration by the pollution control, Incorporation by Authority: 42 U.S.C. 7401 et seq.
Administrator of this final rule does not reference, Nitrogen dioxide, Ozone,
Subpart V—Maryland
affect the finality of this action for the Reporting and recordkeeping
purposes of judicial review nor does it requirements, Volatile organic ■ 2. In § 52.1070, paragraph (c) table is
extend the time within which a petition compounds. amended by revising the entries for
for judicial review may be filed, and ‘‘26.11.01.01’’, ‘‘26.11.09.08’’,
Dated: August 12, 2016.
shall not postpone the effectiveness of ‘‘26.11.14.06’’, and adding in numerical
such rule or action. Shawn M. Garvin,
order the entry for ‘‘26.11.14.07’’to read
This action pertaining to the Regional Administrator, Region III.
as follows:
regulations and requirements for the 40 CFR part 52 is amended as follows:
control of emissions from various § 52.1070 Identification of plan.
processes and fuel-burning equipment * * * * *
from Kraft pulp mills, may not be (c)* * *
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Ad- State Additional explanation/citation at 40 CFR
ministrative Regulations Title/subject effective EPA Approval date 52.1100
(COMAR) citation date
26.11.01 General Administrative Provisions
26.11.01.01 .................... Definitions ..................... 03/03/14 08/30/16 ........................ Revised definition of ‘‘NOX Ozone Season Allow-
ance’’ and Conditional Approval of definition of
‘‘NOX Ozone Season Allowance’’.
* * * * * * *
26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
* * * * * * *
26.11.09.08 .................... Control of NOX Emis- 03/03/14 08/30/16 [Insert Federal Removed and relocated existing NOX RACT re-
sions for Major Sta- Register citation]. quirements under COMAR 26.11.14.07. Con-
tionary Sources. ditional Approval.
* * * * * * *
26.11.14 Control of Emissions From Kraft Pulp Mills
* * * * * * *
26.11.14.06. ................... Control of Volatile Or- 03/03/14 08/30/16 [Insert Federal Amended to clarify volatile organic compound
ganic Compounds. Register citation]. (VOC) control system and requirements at
Kraft pulp mills. Conditional Approval.
26.11.14.07. ................... Control of NOX Emis- 03/03/14 08/30/16 [Insert Federal Regulation Added. Conditional Approval.
sions from Fuel Burn- Register citation].
ing Equipment.
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2016–20654 Filed 8–29–16; 8:45 am] AGENCY
BILLING CODE 6560–50–P SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is approving a State
Implementation Plan (SIP) revision
[EPA–R04–OAR–2015–0675; FRL–9951–59– submitted by the Commonwealth of
mstockstill on DSK3G9T082PROD with RULES
Region 4] Kentucky through its Energy and
Environment Cabinet, Department of
Air Plan Approval; Kentucky; Source
Environmental Protection, Division for
Specific Revision for Louisville Gas
Air Quality (KY DAQ) on February 13,
and Electric
2013, for the purpose of establishing
AGENCY: Environmental Protection emission requirements for the
Agency (EPA). changeover from coal-fired units U4, U5
VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/81_FR_59656/page/1.svg)
![59490 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
affect small governments, as described direct costs on tribal governments or enforce its requirements. See section
in the Unfunded Mandates Reform Act preempt tribal law. 307(b)(2).
of 1995 (Public Law 104–4); The Congressional Review Act, 5
• does not have Federalism U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 52
implications as specified in Executive Business Regulatory Enforcement Environmental protection, Air
Order 13132 (64 FR 43255, August 10, Fairness Act of 1996, generally provides pollution control, Incorporation by
1999); that before a rule may take effect, the reference, Intergovernmental relations,
• is not an economically significant agency promulgating the rule must Nitrogen dioxide, Ozone, Particulate
regulatory action based on health or submit a rule report, which includes a matter, Reporting and recordkeeping
safety risks subject to Executive Order copy of the rule, to each House of the requirements, Volatile organic
13045 (62 FR 19885, April 23, 1997); Congress and to the Comptroller General compounds.
• is not a significant regulatory action of the United States. EPA will submit a
Dated: August 17, 2016.
subject to Executive Order 13211 (66 FR report containing this action and other
28355, May 22, 2001); required information to the U.S. Senate, Heather McTeer Toney,
• is not subject to requirements of the U.S. House of Representatives, and Regional Administrator, Region 4.
Section 12(d) of the National the Comptroller General of the United 40 CFR part 52 is amended as follows:
Technology Transfer and Advancement States prior to publication of the rule in
Act of 1995 (15 U.S.C. 272 note) because the Federal Register. A major rule PART 52—APPROVAL AND
application of those requirements would cannot take effect until 60 days after it PROMULGATION OF
be inconsistent with the CAA; and is published in the Federal Register. IMPLEMENTATION PLANS
• does not provide EPA with the This action is not a ‘‘major rule’’ as
discretionary authority to address, as defined by 5 U.S.C. 804(2). ■ 1. The authority citation for part 52
appropriate, disproportionate human Under section 307(b)(1) of the CAA, continues to read as follows:
health or environmental effects, using petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
practicable and legally permissible action must be filed in the United States
methods, under Executive Order 12898 Court of Appeals for the appropriate Subpart S—Kentucky
(59 FR 7629, February 16, 1994). circuit by October 31, 2016. Filing a
The SIP is not approved to apply on petition for reconsideration by the ■ 2. Section 52.920(d) is amended by
any Indian reservation land or in any Administrator of this final rule does not adding a new entry ‘‘LG & E Cane Run
other area where EPA or an Indian tribe affect the finality of this action for the Generating Station NOX RACT Plan
has demonstrated that a tribe has purposes of judicial review nor does it Amendment 2’’ at the end of the table
jurisdiction. In those areas of Indian extend the time within which a petition to read as follows:
country, the rule does not have tribal for judicial review may be filed, and
implications as specified by Executive shall not postpone the effectiveness of § 52.920 Identification of plan.
Order 13175 (65 FR 67249, November 9, such rule or action. This action may not * * * * *
2000), nor will it impose substantial be challenged later in proceedings to (d) * * *
EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS
State
Name of source Permit No. effective EPA approval date Explanations
date
* * * * * * *
LG & E Cane Run Generating Sta- N/A ................................................... 7/18/2012 8/30/2016, [Insert citation of publica-
tion NOX RACT Plan Amendment tion].
2.
* * * * * SUMMARY: The Environmental Protection through 2030. The EPA is now
[FR Doc. 2016–20656 Filed 8–29–16; 8:45 am] Agency (EPA) is taking direct final approving this second maintenance
BILLING CODE 6560–50–P action to approve a State plan. The EPA is also finding adequate
Implementation Plan (SIP) revision and approving transportation
submitted by the State of Nevada. On conformity motor vehicle emissions
ENVIRONMENTAL PROTECTION July 3, 2008, the EPA redesignated the budgets (MVEBs) for the years 2015,
AGENCY Truckee Meadows area, consisting 2020, 2025 and 2030. We are taking
largely of the cities of Reno and Sparks these actions under the Clean Air Act
40 CFR Part 52 (CAA or ‘‘the Act’’).
in Washoe County, Nevada, from
[EPA–R09–OAR–2016–0096; FRL–9951–48– nonattainment to attainment for the DATES: This rule is effective on October
Region 9] carbon monoxide (CO) National 31, 2016 without further notice, unless
Ambient Air Quality Standards the EPA receives adverse comments by
mstockstill on DSK3G9T082PROD with RULES
Air Plan Approval; Reno, Nevada; (NAAQS) and approved the State’s plan September 29, 2016. If we receive such
Second 10-Year Carbon Monoxide addressing the area’s maintenance of the comments, we will publish a timely
Maintenance Plan NAAQS for ten years. On November 7, withdrawal in the Federal Register to
2014, the State of Nevada submitted to notify the public that this direct final
AGENCY: Environmental Protection rule will not take effect.
Agency (EPA). the EPA a second maintenance plan for
the Truckee Meadows area that ADDRESSES: Submit your comments,
ACTION: Direct final rule.
addressed maintenance of the NAAQS identified by Docket ID No. EPA–R09–
VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/81_FR_59656/page/3.svg)
Document Created: 2018-02-09 11:42:03
Document Modified: 2018-02-09 11:42:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective September 29, 2016. | |
| 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] | |
| FR Citation | 81 FR 59488 | |
| CFR Associated | Environmental 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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