82_FR_29591 82 FR 29467 - Air Plan Approval; Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting

82 FR 29467 - Air Plan Approval; Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range29467-29469
FR Document2017-13670

On March 22, 2011, and April 20, 2011, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted revisions to the Kentucky State Implementation Plan (SIP) on behalf of the Louisville Metro Air Pollution Control District (District). The Environmental Protection Agency (EPA) is proposing to approve the April 20, 2011, submittal and the portions of the March 22, 2011, submittal concerning revisions to the District's stationary source emissions monitoring and reporting requirements because the Commonwealth has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Proposed Rules]
[Pages 29467-29469]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13670]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0004; FRL-9964-07-Region 4]


Air Plan Approval; Kentucky; Revisions to Jefferson County 
Emissions Monitoring and Reporting

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On March 22, 2011, and April 20, 2011, the Commonwealth of 
Kentucky, through the Kentucky Division for Air Quality (KDAQ), 
submitted revisions to the Kentucky State Implementation Plan (SIP) on 
behalf of the Louisville Metro Air Pollution Control District 
(District). The Environmental Protection Agency (EPA) is proposing to 
approve the April 20, 2011, submittal and the portions of the March 22, 
2011, submittal concerning revisions to the District's stationary 
source emissions monitoring and reporting requirements because the 
Commonwealth has demonstrated that these changes are consistent with 
the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before July 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0004 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: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Wong can be reached by telephone at (404) 562-8726 or 
via electronic mail at wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    In this rulemaking, EPA is proposing to approve only certain 
changes related to the District's stationary source emissions 
monitoring and reporting requirements in Regulation 1.06 \1\ in the 
March 22, 2011, and April 20, 2011, SIP revisions. This regulation 
provides the District with the authority to require emissions 
monitoring at stationary sources and requires certain sources to 
maintain emissions records and provide annual emissions statements to 
the District. It does not impose any emissions limits or control 
requirements on any emissions source. The March 22, 2011, submission 
also included changes to Jefferson County Regulation 1.02--Definitions; 
Regulation 3.01--Ambient Air Quality Standards; Regulation 3.02--
Applicability of Ambient Air Quality Standards; Regulation 3.03--
Definitions; Regulation 3.04--Ambient Air Quality Standards; and 
Regulation 3.05--Methods of Measurement. EPA approved these changes, 
with the exception of the requested addition of certain definitions in 
Regulation 1.02, on December 6, 2016 (81 FR 87815).\2\ In addition, the 
March 22, 2011, submission also included changes to Regulation 1.07--
Emissions During Startups, Shutdowns, Malfunctions and Emergencies. EPA 
approved the change to Regulation 1.07 on June 10, 2014 (79 FR 33101). 
The April 20, 2011, submission revises only Regulation 1.06.
---------------------------------------------------------------------------

    \1\ 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.'' 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, EPA refers throughout this notice 
to regulations contained in Jefferson County portion of the Kentucky 
SIP as the ``Jefferson County'' regulations.
    \2\ EPA did not approve the addition of definitions for the 
terms ``acute noncancer effect,'' ``cancer,'' ``carcinogen,'' and 
``chronic noncancer effect,'' because these definitions are not 
related to the National Ambient Air Quality Standards (NAAQS). See 
81 FR 87815.
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II. EPA's Analysis of Kentucky's SIP Revisions

A. March 22, 2011, Submittal

    The March 22, 2011, SIP submission contains a version of Regulation 
1.06 adopted by the District on June 21, 2005 (referred to as ``Version 
7'' by the District) and a version of Regulation 1.06 adopted by the 
District on September 21, 2005 (referred to as ``Version 8''). The 
version currently incorporated into the SIP is referred to as ``Version 
6'' (District effective on December 15, 1993). See 65 FR 53660 (October 
23, 2001). Collectively, Versions 7 and 8 change the heading of 
Regulation 1.06 to ``Stationary Source Self-Monitoring, Emissions 
Inventory Development, and Reporting,'' and change aspects of Section 
1--``In Stack Self-Monitoring and Reporting'' (including a change in 
the title to ``In-Stack Self-Monitoring and Reporting); Section 2--
``Ambient Air Monitoring''; and Section 3--``Emissions and Related Data 
Reporting'' (including a change in the title to ``Provisions for 
Section 4 and Section 5 Emissions Data''). The submission adds four new 
sections: Section 4--``Emissions Data for Criteria Pollutants, HAPs, 
and Ammonia''; Section 5--``Enhanced Emissions Data for Toxic Air 
Contaminants''; Section 6--``Certification by a Responsible Official''; 
and Section 7--``Confidentiality and Open Records Requirements.'' The 
changes to the heading of Regulation 1.06, the changes to Sections 1 
and 2, and the addition of Sections 6 and 7 are administrative in

[[Page 29468]]

nature. The changes to Section 3 modify and add provisions regarding 
emissions reporting data requirements, methods of emissions 
calculations, and stationary source emissions statements, and remove 
outdated reporting dates; the addition of Section 4 details 
requirements for submitting emissions statements on an annual basis for 
particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide, 
lead, ozone precursor emissions of volatile organic compounds and 
oxides of nitrogen, ammonia, and hazardous air pollutants; and Section 
5 contains requirements for enhanced emissions statements for listed 
``toxic air contaminants.'' Because the reporting of toxic air 
contaminants is not related to the National Ambient Air Quality 
Standards (NAAQS) for the criteria pollutants, EPA is not proposing to 
act on Section 5.\3\ EPA is proposing to approve the changes to 
Regulation 1.06 contained in the March 22, 2011, SIP revision, with the 
exception of Section 5 and references to Section 5 located in Section 
3, to the extent that these changes are not superseded by the changes 
in the April 20, 2011, submittal discussed below.
---------------------------------------------------------------------------

    \3\ The criteria pollutants are particulate matter, sulfur 
dioxide, carbon monoxide, nitrogen dioxide, lead, and ground-level 
ozone.
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B. April 20, 2011, Submittal

    The April 20, 2011, SIP submission contains a version of Regulation 
1.06 adopted by the District on January 19, 2011 (referred to as 
``Version 9'' by the District). After acknowledging that the District 
had sent Versions 7 and 8 to Kentucky for submittal to EPA, the 
District requests that EPA incorporate Version 9 into the SIP and 
identifies changes in Regulation 1.06 between Version 8 and Version 9. 
Version 9 revises Version 8 by changing aspects of Section 1 (including 
a change in the title to ``Stack Monitoring and Reporting''); Section 2 
(including a change in title to ``Ambient Air Monitoring and 
Reporting''); Section 3 (including a change in the title to 
``Requirements for Section 4 and Section 5 Emissions Statements''); 
Section 4 (including a change in the title to ``Emissions Statements 
for Criteria Pollutants, HAPs, and Ammonia''); Section 5 (including a 
change to the title to ``Emissions Statements for Toxic Air 
Contaminants''); and Section 6. Version 9 also eliminates Section 7. 
The submitted changes clarify and streamline the monitoring, 
recordkeeping, and reporting requirements for stationary sources by 
deleting and combining redundant and outdated provisions. The changes 
to Section 4 also modify the emissions threshold for sources to submit 
annual emissions statements to the District. For the reasons discussed 
above, EPA is not proposing to act on Section 5 or on the references to 
Section 5 located in Section 3.
    EPA has reviewed the changes to Regulation 1.06 in the March 22, 
2011, and April 20, 2011, SIP submissions, and has made the preliminary 
determination that the changes that EPA proposes to incorporate into 
the SIP are consistent with the CAA. EPA has preliminarily determined 
that these changes will not interfere with any applicable requirement 
concerning attainment or any other applicable requirement of the CAA, 
and therefore satisfy section 110(l), because they are either 
administrative or modify requirements that do not have an air quality 
impact such that removal will interfere with attainment or maintenance 
of the NAAQS. If EPA's proposed approval of changes to Regulation 1.06 
is finalized, the text of the regulation in the SIP will reflect 
Version 9, with the exception of Section 5 and any references to 
Section 5 located in Section 3.

III. Incorporation by Reference

    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 Louisville Metro Air Pollution Control District Regulation 
1.06--Stationary Source Self-Monitoring, Emissions Inventory 
Development, and Reporting, District effective on January 19, 2011, 
with the exception of Section 5 and any references to Section 5 located 
in Section 3. 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).

IV. Proposed Action

    EPA is proposing to approve Kentucky's March 22, 2011, and April 
20, 2011, SIP revisions as discussed in section II, above. If this 
proposal is finalized, the text of Jefferson County Regulation 1.06 in 
the SIP will reflect the version of the rule effective on January 19, 
2011 (Version 9) with the exception of Section 5 and any references to 
Section 5 located in Section 3. EPA is not proposing to act on Section 
5 for the reasons discussed above.

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 proposes to approve 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

[[Page 29469]]

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, Sulfur 
dioxide, Reporting and recordkeeping requirements.

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

    Dated: June 14, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-13670 Filed 6-28-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Proposed Rules                                                    29467

                                                  562–9089 or via electronic mail at                      OAR–2017–0004 at http://                               to Jefferson County Regulation 1.02—
                                                  akers.brad@epa.gov.                                     www.regulations.gov. Follow the online                 Definitions; Regulation 3.01—Ambient
                                                  SUPPLEMENTARY INFORMATION: In the                       instructions for submitting comments.                  Air Quality Standards; Regulation
                                                  Final Rules Section of this Federal                     Once submitted, comments cannot be                     3.02—Applicability of Ambient Air
                                                  Register, EPA is approving the SIP                      edited or removed from Regulations.gov.                Quality Standards; Regulation 3.03—
                                                  revisions for Georgia and South Carolina                EPA may publish any comment received                   Definitions; Regulation 3.04—Ambient
                                                  as a direct final rule without prior                    to its public docket. Do not submit                    Air Quality Standards; and Regulation
                                                  proposal because the Agency views                       electronically any information you                     3.05—Methods of Measurement. EPA
                                                  these as noncontroversial submittals                    consider to be Confidential Business                   approved these changes, with the
                                                  and anticipates no adverse comments. A                  Information (CBI) or other information                 exception of the requested addition of
                                                  detailed rationale for the approval is set              whose disclosure is restricted by statute.             certain definitions in Regulation 1.02,
                                                  forth in the direct final rule. If no                   Multimedia submissions (audio, video,                  on December 6, 2016 (81 FR 87815).2 In
                                                  adverse comments are received in                        etc.) must be accompanied by a written                 addition, the March 22, 2011,
                                                  response to this rule, no further activity              comment. The written comment is                        submission also included changes to
                                                  is contemplated. If EPA receives adverse                considered the official comment and                    Regulation 1.07—Emissions During
                                                  comments, the direct final rule will be                 should include discussion of all points                Startups, Shutdowns, Malfunctions and
                                                  withdrawn and all public comments                       you wish to make. EPA will generally                   Emergencies. EPA approved the change
                                                  received will be addressed in a                         not consider comments or comment                       to Regulation 1.07 on June 10, 2014 (79
                                                  subsequent final rule based on this                     contents located outside of the primary                FR 33101). The April 20, 2011,
                                                  proposed rule. EPA will not institute a                 submission (i.e., on the web, cloud, or                submission revises only Regulation
                                                  second comment period on this                           other file sharing system). For                        1.06.
                                                  document. Any parties interested in                     additional submission methods, the full
                                                                                                          EPA public comment policy,                             II. EPA’s Analysis of Kentucky’s SIP
                                                  commenting on this document should                                                                             Revisions
                                                  do so at this time.                                     information about CBI or multimedia
                                                                                                          submissions, and general guidance on                   A. March 22, 2011, Submittal
                                                    Dated: June 13, 2017.                                 making effective comments, please visit
                                                  V. Anne Heard,                                                                                                    The March 22, 2011, SIP submission
                                                                                                          http://www2.epa.gov/dockets/
                                                  Acting Regional Administrator, Region 4.                                                                       contains a version of Regulation 1.06
                                                                                                          commenting-epa-dockets.
                                                                                                                                                                 adopted by the District on June 21, 2005
                                                  [FR Doc. 2017–13546 Filed 6–28–17; 8:45 am]             FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 (referred to as ‘‘Version 7’’ by the
                                                  BILLING CODE 6560–50–P                                  Richard Wong, Air Regulatory                           District) and a version of Regulation
                                                                                                          Management Section, Air Planning and                   1.06 adopted by the District on
                                                                                                          Implementation Branch, Air, Pesticides                 September 21, 2005 (referred to as
                                                  ENVIRONMENTAL PROTECTION                                and Toxics Management Division, U.S.
                                                  AGENCY                                                                                                         ‘‘Version 8’’). The version currently
                                                                                                          Environmental Protection Agency,                       incorporated into the SIP is referred to
                                                                                                          Region 4, 61 Forsyth Street SW.,
                                                  40 CFR Part 52                                                                                                 as ‘‘Version 6’’ (District effective on
                                                                                                          Atlanta, Georgia 30303–8960. Mr. Wong
                                                                                                                                                                 December 15, 1993). See 65 FR 53660
                                                  [EPA–R04–OAR–2017–0004; FRL–9964–07–                    can be reached by telephone at (404)
                                                                                                                                                                 (October 23, 2001). Collectively,
                                                  Region 4]                                               562–8726 or via electronic mail at
                                                                                                                                                                 Versions 7 and 8 change the heading of
                                                                                                          wong.richard@epa.gov.
                                                  Air Plan Approval; Kentucky;                                                                                   Regulation 1.06 to ‘‘Stationary Source
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  Revisions to Jefferson County                                                                                  Self-Monitoring, Emissions Inventory
                                                  Emissions Monitoring and Reporting                      I. Background                                          Development, and Reporting,’’ and
                                                                                                             In this rulemaking, EPA is proposing                change aspects of Section 1—‘‘In Stack
                                                  AGENCY:  Environmental Protection                                                                              Self-Monitoring and Reporting’’
                                                                                                          to approve only certain changes related
                                                  Agency.                                                                                                        (including a change in the title to ‘‘In-
                                                                                                          to the District’s stationary source
                                                  ACTION: Proposed rule.
                                                                                                          emissions monitoring and reporting                     Stack Self-Monitoring and Reporting);
                                                                                                          requirements in Regulation 1.06 1 in the               Section 2—‘‘Ambient Air Monitoring’’;
                                                  SUMMARY:   On March 22, 2011, and April                                                                        and Section 3—‘‘Emissions and Related
                                                  20, 2011, the Commonwealth of                           March 22, 2011, and April 20, 2011, SIP
                                                                                                          revisions. This regulation provides the                Data Reporting’’ (including a change in
                                                  Kentucky, through the Kentucky                                                                                 the title to ‘‘Provisions for Section 4 and
                                                  Division for Air Quality (KDAQ),                        District with the authority to require
                                                                                                          emissions monitoring at stationary                     Section 5 Emissions Data’’). The
                                                  submitted revisions to the Kentucky                                                                            submission adds four new sections:
                                                  State Implementation Plan (SIP) on                      sources and requires certain sources to
                                                                                                          maintain emissions records and provide                 Section 4—‘‘Emissions Data for Criteria
                                                  behalf of the Louisville Metro Air                                                                             Pollutants, HAPs, and Ammonia’’;
                                                  Pollution Control District (District). The              annual emissions statements to the
                                                                                                          District. It does not impose any                       Section 5—‘‘Enhanced Emissions Data
                                                  Environmental Protection Agency (EPA)                                                                          for Toxic Air Contaminants’’; Section
                                                  is proposing to approve the April 20,                   emissions limits or control requirements
                                                                                                          on any emissions source. The March 22,                 6—‘‘Certification by a Responsible
                                                  2011, submittal and the portions of the                                                                        Official’’; and Section 7—
                                                  March 22, 2011, submittal concerning                    2011, submission also included changes
                                                                                                                                                                 ‘‘Confidentiality and Open Records
                                                  revisions to the District’s stationary                     1 In 2003, the City of Louisville and Jefferson     Requirements.’’ The changes to the
                                                  source emissions monitoring and                                                                                heading of Regulation 1.06, the changes
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          County governments merged and the ‘‘Jefferson
                                                  reporting requirements because the                      County Air Pollution Control District’’ was renamed    to Sections 1 and 2, and the addition of
                                                  Commonwealth has demonstrated that                      the ‘‘Louisville Metro Air Pollution Control
                                                                                                                                                                 Sections 6 and 7 are administrative in
                                                  these changes are consistent with the                   District.’’ However, each of the regulations in the
                                                                                                          Jefferson County portion of the Kentucky SIP still
                                                  Clean Air Act (CAA or Act).                             has the subheading ‘‘Air Pollution Control District       2 EPA did not approve the addition of definitions

                                                  DATES: Written comments must be                         of Jefferson County.’’ Thus, to be consistent with     for the terms ‘‘acute noncancer effect,’’ ‘‘cancer,’’
                                                  received on or before July 31, 2017.                    the terminology used in the SIP, EPA refers            ‘‘carcinogen,’’ and ‘‘chronic noncancer effect,’’
                                                                                                          throughout this notice to regulations contained in     because these definitions are not related to the
                                                  ADDRESSES: Submit your comments,                        Jefferson County portion of the Kentucky SIP as the    National Ambient Air Quality Standards (NAAQS).
                                                  identified by Docket ID No. EPA–R04–                    ‘‘Jefferson County’’ regulations.                      See 81 FR 87815.



                                             VerDate Sep<11>2014   16:13 Jun 28, 2017   Jkt 241001   PO 00000   Frm 00028   Fmt 4702   Sfmt 4702   E:\FR\FM\29JNP1.SGM   29JNP1


                                                  29468                   Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Proposed Rules

                                                  nature. The changes to Section 3 modify                 outdated provisions. The changes to                    V. Statutory and Executive Order
                                                  and add provisions regarding emissions                  Section 4 also modify the emissions                    Reviews
                                                  reporting data requirements, methods of                 threshold for sources to submit annual                    Under the CAA, the Administrator is
                                                  emissions calculations, and stationary                  emissions statements to the District. For              required to approve a SIP submission
                                                  source emissions statements, and                        the reasons discussed above, EPA is not                that complies with the provisions of the
                                                  remove outdated reporting dates; the                    proposing to act on Section 5 or on the                Act and applicable federal regulations.
                                                  addition of Section 4 details                           references to Section 5 located in                     See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                  requirements for submitting emissions                   Section 3.
                                                                                                                                                                 Thus, in reviewing SIP submissions,
                                                  statements on an annual basis for                          EPA has reviewed the changes to
                                                                                                                                                                 EPA’s role is to approve state choices,
                                                  particulate matter, sulfur dioxide,                     Regulation 1.06 in the March 22, 2011,
                                                                                                          and April 20, 2011, SIP submissions,                   provided that they meet the criteria of
                                                  carbon monoxide, nitrogen dioxide,
                                                                                                          and has made the preliminary                           the CAA. Accordingly, this proposed
                                                  lead, ozone precursor emissions of
                                                                                                          determination that the changes that EPA                action merely proposes to approve state
                                                  volatile organic compounds and oxides
                                                                                                          proposes to incorporate into the SIP are               law as meeting federal requirements and
                                                  of nitrogen, ammonia, and hazardous air
                                                                                                          consistent with the CAA. EPA has                       does not impose additional
                                                  pollutants; and Section 5 contains
                                                                                                          preliminarily determined that these                    requirements beyond those imposed by
                                                  requirements for enhanced emissions
                                                                                                          changes will not interfere with any                    state law. For that reason, this proposed
                                                  statements for listed ‘‘toxic air
                                                                                                          applicable requirement concerning                      action:
                                                  contaminants.’’ Because the reporting of
                                                                                                          attainment or any other applicable                        • Is not a significant regulatory action
                                                  toxic air contaminants is not related to
                                                                                                          requirement of the CAA, and therefore                  subject to review by the Office of
                                                  the National Ambient Air Quality
                                                                                                          satisfy section 110(l), because they are               Management and Budget under
                                                  Standards (NAAQS) for the criteria
                                                                                                          either administrative or modify                        Executive Orders 12866 (58 FR 51735,
                                                  pollutants, EPA is not proposing to act
                                                                                                          requirements that do not have an air                   October 4, 1993) and 13563 (76 FR 3821,
                                                  on Section 5.3 EPA is proposing to
                                                                                                          quality impact such that removal will                  January 21, 2011);
                                                  approve the changes to Regulation 1.06
                                                                                                          interfere with attainment or                              • Does not impose an information
                                                  contained in the March 22, 2011, SIP
                                                                                                          maintenance of the NAAQS. If EPA’s                     collection burden under the provisions
                                                  revision, with the exception of Section
                                                                                                          proposed approval of changes to                        of the Paperwork Reduction Act (44
                                                  5 and references to Section 5 located in
                                                                                                          Regulation 1.06 is finalized, the text of              U.S.C. 3501 et seq.);
                                                  Section 3, to the extent that these
                                                                                                          the regulation in the SIP will reflect                    • Is certified as not having a
                                                  changes are not superseded by the
                                                                                                          Version 9, with the exception of Section               significant economic impact on a
                                                  changes in the April 20, 2011, submittal
                                                                                                          5 and any references to Section 5                      substantial number of small entities
                                                  discussed below.
                                                                                                          located in Section 3.                                  under the Regulatory Flexibility Act (5
                                                  B. April 20, 2011, Submittal                                                                                   U.S.C. 601 et seq.);
                                                     The April 20, 2011, SIP submission
                                                                                                          III. Incorporation by Reference                           • Does not contain any unfunded
                                                  contains a version of Regulation 1.06                      EPA is proposing to include in a final              mandate or significantly or uniquely
                                                  adopted by the District on January 19,                  EPA rule regulatory text that includes                 affect small governments, as described
                                                  2011 (referred to as ‘‘Version 9’’ by the               incorporation by reference. In                         in the Unfunded Mandates Reform Act
                                                  District). After acknowledging that the                 accordance with requirements of 1 CFR                  of 1995 (Pub. L. 104–4);
                                                  District had sent Versions 7 and 8 to                   51.5, EPA is proposing to incorporate by                  • Does not have Federalism
                                                  Kentucky for submittal to EPA, the                      reference Louisville Metro Air Pollution               implications as specified in Executive
                                                  District requests that EPA incorporate                  Control District Regulation 1.06—                      Order 13132 (64 FR 43255, August 10,
                                                  Version 9 into the SIP and identifies                   Stationary Source Self-Monitoring,                     1999);
                                                  changes in Regulation 1.06 between                      Emissions Inventory Development, and                      • Is not an economically significant
                                                  Version 8 and Version 9. Version 9                      Reporting, District effective on January               regulatory action based on health or
                                                  revises Version 8 by changing aspects of                19, 2011, with the exception of Section                safety risks subject to Executive Order
                                                  Section 1 (including a change in the title              5 and any references to Section 5                      13045 (62 FR 19885, April 23, 1997);
                                                  to ‘‘Stack Monitoring and Reporting’’);                 located in Section 3. EPA has made, and                   • Is not a significant regulatory action
                                                  Section 2 (including a change in title to               will continue to make, these materials                 subject to Executive Order 13211 (66 FR
                                                  ‘‘Ambient Air Monitoring and                            generally available through                            28355, May 22, 2001);
                                                  Reporting’’); Section 3 (including a                    www.regulations.gov and/or at the EPA                     • Is not subject to requirements of
                                                  change in the title to ‘‘Requirements for               Region 4 office (please contact the                    section 12(d) of the National
                                                  Section 4 and Section 5 Emissions                       person identified in the FOR FURTHER                   Technology Transfer and Advancement
                                                  Statements’’); Section 4 (including a                   INFORMATION CONTACT section of this                    Act of 1995 (15 U.S.C. 272 note) because
                                                  change in the title to ‘‘Emissions                      preamble for more information).                        application of those requirements would
                                                  Statements for Criteria Pollutants,                                                                            be inconsistent with the CAA; and
                                                                                                          IV. Proposed Action                                       • Does not provide EPA with the
                                                  HAPs, and Ammonia’’); Section 5
                                                  (including a change to the title to                        EPA is proposing to approve                         discretionary authority to address, as
                                                  ‘‘Emissions Statements for Toxic Air                    Kentucky’s March 22, 2011, and April                   appropriate, disproportionate human
                                                  Contaminants’’); and Section 6. Version                 20, 2011, SIP revisions as discussed in                health or environmental effects, using
                                                  9 also eliminates Section 7. The                        section II, above. If this proposal is                 practicable and legally permissible
                                                                                                          finalized, the text of Jefferson County                methods, under Executive Order 12898
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                                                  submitted changes clarify and
                                                  streamline the monitoring,                              Regulation 1.06 in the SIP will reflect                (59 FR 7629, February 16, 1994).
                                                                                                          the version of the rule effective on                      The SIP is not approved to apply on
                                                  recordkeeping, and reporting
                                                                                                          January 19, 2011 (Version 9) with the                  any Indian reservation land or in any
                                                  requirements for stationary sources by
                                                                                                          exception of Section 5 and any                         other area where EPA or an Indian tribe
                                                  deleting and combining redundant and
                                                                                                          references to Section 5 located in                     has demonstrated that a tribe has
                                                    3 The criteria pollutants are particulate matter,     Section 3. EPA is not proposing to act                 jurisdiction. In those areas of Indian
                                                  sulfur dioxide, carbon monoxide, nitrogen dioxide,      on Section 5 for the reasons discussed                 country, the rule does not have tribal
                                                  lead, and ground-level ozone.                           above.                                                 implications as specified by Executive


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                                                                           Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Proposed Rules                                          29469

                                                  Order 13175 (65 FR 67249, November 9,                   comment. The written comment is                        ENVIRONMENTAL PROTECTION
                                                  2000), nor will it impose substantial                   considered the official comment and                    AGENCY
                                                  direct costs on tribal governments or                   should include discussion of all points
                                                  preempt tribal law.                                     you wish to make. EPA will generally                   40 CFR Parts 52 and 81
                                                  List of Subjects in 40 CFR Part 52                      not consider comments or comment                       [EPA–R06–OAR–2009–0750; FRL–9963–46–
                                                                                                          contents located outside of the primary                Region–6]
                                                    Environmental protection, Air                         submission (i.e. on the web, cloud, or
                                                  pollution control, Incorporation by                                                                            Approval and Promulgation of Air
                                                                                                          other file sharing system). For
                                                  reference, Intergovernmental relations,                                                                        Quality Implementation Plans; Texas;
                                                                                                          additional submission methods, the full
                                                  Nitrogen dioxide, Sulfur dioxide,                                                                              Redesignation of the Collin County
                                                                                                          EPA public comment policy,
                                                  Reporting and recordkeeping                                                                                    Area to Attainment the 2008 Lead
                                                  requirements.                                           information about CBI or multimedia
                                                                                                          submissions, and general guidance on                   Standard
                                                     Authority: 42 U.S.C. 7401 et seq.                    making effective comments, please visit                AGENCY:  Environmental Protection
                                                    Dated: June 14, 2017.                                 https://www2.epa.gov/dockets/                          Agency (EPA).
                                                  V. Anne Heard,                                          commenting-epa-dockets.                                ACTION: Proposed rule.
                                                  Acting Regional Administrator, Region 4.
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  [FR Doc. 2017–13670 Filed 6–28–17; 8:45 am]                                                                    SUMMARY:    The Environmental Protection
                                                                                                          D. Brad Akers, Air Regulatory
                                                  BILLING CODE 6560–50–P                                                                                         Agency (EPA) is proposing to determine
                                                                                                          Management Section, Air Planning and                   the Collin County Lead (Pb)
                                                                                                          Implementation Branch, Air, Pesticides                 Nonattainment Area (comprising the
                                                  ENVIRONMENTAL PROTECTION                                and Toxics Management Division, U.S.                   part of Collin County bounded to the
                                                  AGENCY                                                  Environmental Protection Agency,                       north by latitude 33.153 North, to the
                                                                                                          Region 4, 61 Forsyth Street SW.,                       east by longitude 96.822 West, to the
                                                  40 CFR Part 52                                          Atlanta, Georgia 30303–8960. Mr. Akers                 south by latitude 33.131 North, and to
                                                                                                          can be reached via telephone at (404)                  the West by longitude 96.837 West,
                                                  [EPA–R04–OAR–2007–0113; FRL–9964–05–
                                                  Region 4]                                               562–9089 or via electronic mail at                     which surrounds the Exide
                                                                                                          akers.brad@epa.gov.                                    Technologies property), hereinafter
                                                  Air Plan Approval; Georgia: Permit                      SUPPLEMENTARY INFORMATION:      In the                 referenced to as Non-Attainment Area or
                                                  Exemptions and Definitions                              Final Rules Section of this Federal                    NAA, as attainment for the 2008 Pb
                                                                                                                                                                 NAAQS. We are also proposing to
                                                  AGENCY:  Environmental Protection                       Register, EPA is approving the State’s
                                                                                                                                                                 approve two SIP revision requests made
                                                  Agency (EPA).                                           SIP revision as a direct final rule
                                                                                                                                                                 by the TCEQ in 2009 and 2012. These
                                                  ACTION: Proposed rule.                                  without prior proposal because the                     two requests include one made in 2009
                                                                                                          Agency views this as a noncontroversial                requesting approval of the state’s second
                                                  SUMMARY:   The Environmental Protection                 submittal and anticipates no adverse
                                                  Agency (EPA) is proposing to approve a                                                                         10-year maintenance plan for the 1978
                                                                                                          comments. A detailed rationale for the                 Pb National Ambient Air Quality
                                                  State Implementation Plan (SIP)                         approval is set forth in the direct final
                                                  revision submitted by the State of                                                                             Standard (NAAQS) and one made in
                                                                                                          rule. If no adverse comments are                       2012 to approve the state’s plan to
                                                  Georgia, through the Georgia
                                                                                                          received in response to this rule, no                  demonstrate compliance with the 2008
                                                  Department of Natural Resources’
                                                                                                          further activity is contemplated. If EPA               Pb NAAQS. These two revisions
                                                  Environmental Protection Division, on
                                                  September 19, 2006, with a clarifying                   receives adverse comments, the direct                  represent a change in the Texas State
                                                  revision submitted on November 6,                       final rule will be withdrawn and all                   Implementation Plan (SIP) for Pb. The
                                                  2006. This proposed action seeks to                     public comments received will be                       details of all three proposals, and our
                                                  approve changes to existing minor                       addressed in a subsequent final rule                   complete analysis of the requirements
                                                  source permitting exemptions and to                     based on this proposed rule. EPA will                  for each and how the state’s submission
                                                  approve a definition related to minor                   not institute a second comment period                  meets those requirements can be found
                                                  source permitting exemptions. EPA is                    on this document. Any parties                          in the accompanying direct final notice
                                                  approving this SIP revision because the                 interested in commenting on this                       and technical support document (TSD)
                                                  State has demonstrated that it is                       document should do so at this time.                    to this proposal. The TSD is available in
                                                  consistent with the Clean Air Act.                                                                             the docket at http://
                                                                                                            Dated: June 14, 2017.
                                                                                                                                                                 www.regulations.gov, Docket ID No.
                                                  DATES: Written comments must be                         V. Anne Heard,                                         EPA–R06–OAR–2009–0750.
                                                  received on or before July 31, 2017.
                                                                                                          Acting Regional Administrator, Region 4.               DATES: Written comments should be
                                                  ADDRESSES: Submit your comments,
                                                                                                          [FR Doc. 2017–13537 Filed 6–28–17; 8:45 am]            received on or before July 31, 2017.
                                                  identified by Docket ID No. EPA–R04–
                                                  OAR–2007–0113 at https://                               BILLING CODE 6560–50–P                                 ADDRESSES: Submit your comments,
                                                  www.regulations.gov. Follow the online                                                                         identified by Docket ID No. EPA–R06–
                                                  instructions for submitting comments.                                                                          OAR–2009–0750, at http://
                                                  Once submitted, comments cannot be                                                                             www.regulations.gov or via email to
                                                  edited or removed from Regulations.gov.                                                                        todd.robert@epa.gov. For additional
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  EPA may publish any comment received                                                                           information on how to submit
                                                  to its public docket. Do not submit                                                                            comments see the detailed instructions
                                                  electronically any information you                                                                             in the ADDRESSES section of the direct
                                                  consider to be Confidential Business                                                                           final rule located in the rules section of
                                                  Information (CBI) or other information                                                                         this Federal Register.
                                                  whose disclosure is restricted by statute.                                                                     FOR FURTHER INFORMATION CONTACT:
                                                  Multimedia submissions (audio, video,                                                                          Robert M. Todd, (214) 665–2156,
                                                  etc.) must be accompanied by a written                                                                         todd.robert@epa.gov.


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Document Created: 2018-11-14 10:17:06
Document Modified: 2018-11-14 10:17:06
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.
DatesWritten comments must be received on or before July 31, 2017.
ContactRichard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong can be reached by telephone at (404) 562-8726 or via electronic mail at [email protected]
FR Citation82 FR 29467 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Sulfur Dioxide and Reporting and Recordkeeping Requirements

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