82_FR_31866 82 FR 31736 - Air Plan Approval; Kentucky; Louisville Miscellaneous Rule Revisions

82 FR 31736 - Air Plan Approval; Kentucky; Louisville Miscellaneous Rule Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 130 (July 10, 2017)

Page Range31736-31739
FR Document2017-14399

On August 29, 2012, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted changes to the Kentucky State Implementation Plan (SIP) on behalf of the Louisville Metro Air Pollution Control District (District or Jefferson County). The Environmental Protection Agency (EPA) is proposing to approve several changes that modify the District's air quality regulations as incorporated into the SIP. The changes to the regulatory portion of the SIP that EPA is proposing to approve pertain to definitional changes, administrative amendments, open burning, standards of performance, and volatile organic compounds (VOCs). EPA is proposing to approve these changes because the Commonwealth and Jefferson County have demonstrated that these changes are consistent with the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 130 (Monday, July 10, 2017)
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Proposed Rules]
[Pages 31736-31739]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14399]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0022; FRL-9964-61-Region 4]


Air Plan Approval; Kentucky; Louisville Miscellaneous Rule 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On August 29, 2012, the Commonwealth of Kentucky, through the 
Kentucky Division for Air Quality (KDAQ), submitted changes to the 
Kentucky State Implementation Plan (SIP) on behalf of the Louisville 
Metro Air Pollution Control District (District or Jefferson County). 
The Environmental Protection Agency (EPA) is proposing to approve 
several changes that modify the District's air quality regulations as 
incorporated into the SIP. The changes

[[Page 31737]]

to the regulatory portion of the SIP that EPA is proposing to approve 
pertain to definitional changes, administrative amendments, open 
burning, standards of performance, and volatile organic compounds 
(VOCs). EPA is proposing to approve these changes because the 
Commonwealth and Jefferson County have demonstrated that these changes 
are consistent with the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before August 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0022 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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. The telephone number is (404) 562-9043. Mr. Lakeman can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    On August 29, 2012, KDAQ submitted a SIP revision to EPA for 
approval that involves changes to Jefferson County regulations related 
to acronym additions, administrative amendments, open burning, 
standards of performance, and VOCs. EPA is proposing to approve the 
changes to Jefferson County Regulation 1.03--Abbreviations and 
Acronyms; Regulation 1.08--Administrative Procedures; Regulation 1.11--
Control of Open Burning; Regulation 1.19--Administrative Hearings; 
Regulation 6.18--Standards of Performance for Solvent Metal Cleaning 
Equipment; Regulation 6.43--Volatile Organic Compound Emission 
Reduction Requirements; and repeal Regulation 7.18--Standards of 
Performance for New Solvent Metal Cleaning Equipment.

II. Background

    This proposed action will update Kentucky's acronyms and make 
changes to other regulations approved into the SIP. The changes made to 
the regulations other than definitions are administrative in nature, 
including updating internal references. Kentucky's August 29, 2012, SIP 
revision can be found in the docket for this proposed rulemaking at 
www.regulations.gov and are summarized below.

III. EPA's Analysis of Kentucky's August 29, 2012, SIP Revision

a. Regulations 1.03 Abbreviations and Acronyms

    The August 29, 2012, SIP revision changes Regulation 1.03 by adding 
acronyms and abbreviations and is referred to as version 6 of this 
regulation. EPA is proposing to approve all of the changes to 
Regulation 1.03. Changes to Regulation 1.03 consist of adding acronyms 
to make them consistent with definitions used by EPA. Several acronyms 
were added to Regulation 1.03 for clarity. Some of the acronyms that 
were added are associated with various cancer terms. Other acronyms 
pertain to areas such as modeling, environmental acceptability, 
integrated risk, lethal concentrations, and toxics. Most of the 
acronyms were added due to the adoption of the Strategic Toxic Air 
Reduction Program (STAR) Program, which was adopted on June 21, 2005.

b. Regulation 1.08 Administrative Procedures

    The August 29, 2012, SIP revision also makes changes to Regulation 
1.08 by updating the regulation to be consistent with the state 
regulation in the Commonwealth of Kentucky's statutes. Versions 12 and 
13 of this regulation have been submitted for approval in this 
submission. The changes to Regulation 1.08 mostly contain provisions 
for open records in Section 6 ``Confidentiality and Open Records 
Policy.'' The District's changes make the rule consistent with the 
Kentucky Open Records Act, Kentucky Revised Statutes (KRS) 61.870 to 
61.884. The changes to the Open Records Act are to reflect the 
currently available technology options for delivering submissions. The 
District also is making some revisions to the public hearing section 
due to the adoption of the STAR Program. Section 3 ``Procedures at 
Public Hearings'' is being updated to: Reflect the public hearing 
procedures that have been implemented for many years, which add 
``representative of the affective entity'' to replace ``the 
petitioner;'' consolidate Regulation 3.13 and 3.14 to allow persons to 
submit evidence and make a statement in support of and in opposition to 
a proposed action; and make a few other non-substantive wording 
changes.

c. Regulation 1.11 Control of Open Burning

    The August 29, 2012, submittal also makes changes to Regulation 
1.11 which updates the restrictions on open burning. Versions 9 and 10 
of this regulation have been submitted for approval in this submission. 
The proposed changes to Regulation 1.11 enhance the District's control 
over open burning activities that are exempt from the general 
prohibition of open burning by requiring written requests and/or 
notice, including information about the material to be burned, and 
District approval for various types of fires. Agricultural fires are 
further restricted to occur at times when there is a maximum wind speed 
of 15 miles per hour.
    The regulation has also been updated to recognize fire pits. 
Similar to the provision for personal cooking fires, personal fires 
from small fire pits, including chimineas and open-top fire chambers do 
not require the District's approval and are exempt from the general 
prohibition on open burning. The size restriction for personal fire 
pits is 3x3x3 feet. Ceremonial and commercial fires, regardless of 
whether they occur in fire pits, still require the District's approval 
and are restricted in size to 5x5x5 feet. The changes also removed 
reference to the flare stacks as open burning, added language about 
special case fires and how they would be treated on an individual 
basis, described accelerants that are prohibited, and prohibited barrel 
burning.

d. Regulation 1.19 Administrative Hearings

    The August 29, 2012, SIP revision also makes changes to the 
language in Regulation 1.19 to make it consistent with KRS 77.310 
Proceedings for alleged violations of chapter or regulations and for 
petitions for a hearing on board

[[Page 31738]]

orders or determination--Hearing officer. The language in Regulation 
1.19 was revised from applying solely to Board orders and expanded to 
include Board orders and ``determinations.'' Version 2 of this 
regulation has been submitted for approval in this SIP revision. The 
other amendments to this regulation ensure that there is not a conflict 
of interest between board members and anyone affiliated with the 
proceeding. It bars communication between any party affiliated with a 
proceeding and any member of the Board.

e. Regulation 6.18 Standards of Performance for Solvent Metal Cleaning 
Equipment

    The August 29, 2012, SIP revision also makes changes to Regulation 
6.18 which updates the restrictions on solvent cleaning. Version 7 of 
this regulation has been submitted for approval in this SIP revision. 
Regulation 6.18 is being changed to reduce VOC emissions from cold 
cleaning equipment through adding work place standards and requirements 
for equipment use, including cover requirements, flushing, solvent 
flow, fan placement, solvent storage, and parts cleaning instructions. 
Changes also include requiring owners and operators of cold cleaning 
equipment to evaluate the possibility of using lower or non-VOC 
containing solvents whenever feasible. The changes to the regulation 
have to be implemented before the issuance of a permit pursuant to 
Regulations 2.16 Title V Operating Permits or Regulation 2.05 
Prevention of Significant Deterioration of Air Quality. The update to 
this regulation will now supersede Regulation 7.18 and allow its 
repeal.

f. Regulation 6.43 Volatile Organic Compound Emission Reduction 
Requirements

    The August 29, 2012, SIP revision, if approved, also makes changes 
to Regulation 6.43, which updates VOC emissions reduction strategy, 
including operational requirements for named stationary sources, each 
of which has voluntarily agreed to these requirements. Versions 4 and 5 
of this regulation have been submitted for approval in this SIP 
revision. The changes to this regulation include: An emission reduction 
strategy for American Synthetic Rubber Company to allow the use of a 
new oxidizer or boiler to control emissions, an update to the names of 
four stationary sources that changed names, and a change to the 
emission inventory system number for Dupont Dow Elastomers L.L.C. in 
Section 11 to the current number. Also, two stationary sources that are 
no longer in operation are being removed from the emissions inventory. 
This SIP revision also replaced Carbide Industries' company specific 
VOC reduction process with an equivalent plant-wide VOC limit. Carbide 
Industries LLC requested a revision to the operating procedures while 
leaving the VOC emission limits in place. The previous operating 
procedures of the regulation would not have permitted storage of 
acetylene onsite. Because Carbide Industries no longer has a buyer of 
acetylene, which is a byproduct of their process, they now have a need 
to store acetylene onsite. This change allows Carbide Industries to 
remain in compliance with Regulation 6.43 while achieving equivalent 
VOC reductions, which is the intended purpose of the regulation.

g. Regulation 7.18 Standards of Performance for New Solvent Metal 
Cleaning Equipment

    The August 29, 2012, SIP revision also repeals Regulation 7.18 
because it was superseded by Regulation 6.18--Standards of Performance 
for Solvent Metal Cleaning Equipment. In this SIP revision, the 
District combined Regulation 7.18 and 6.18 because the two regulations 
have identical requirements and standards, only differing in 
applicability. Originally, Regulation 7.18--Standards of Performance 
for New Solvent Metal Cleaning Equipment was only for new facilities, 
and Regulation 6.18--Standards of Performance for Existing Solvent 
Metal Cleaning Equipment was only for existing facilities. In the 
August 29, 2012, SIP revision, Regulation 6.18 has been updated with 
wording changes to incorporate the two regulations, and the new title 
is Regulation 6.18--Standards of Performance for Solvent Metal Cleaning 
Equipment, which applies to all facilities. By combining the two 
regulations, Regulation 7.18 is no longer needed and can be repealed. 
Regulation 6.18 is also revised to remove requirements that are no 
longer applicable. In 2000, Jefferson County prohibited the sale or use 
of solvents with vapor pressures greater than 1 mm Hg in cold cleaners. 
Regulation 6.18 was revised to remove requirements for solvents with 
higher vapor pressures, since they are no longer sold or used in 
Jefferson County.

IV. 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 Jefferson County Regulation 1.03--Abbreviations and Acronyms, 
which had a state effective date of January 16, 2008; Regulation 1.08--
Administrative Procedures, in which version 13 had an effective date of 
March 21, 2010; Regulation 1.11--Control of Open Burning; Regulation, 
in which version 10 has an effective date of January 16, 2008; 1.19--
Administrative Hearings, which has an effective date of January 16, 
2008; Regulation 6.18--Standards of Performance for Solvent Metal 
Cleaning Equipment, which has an effective date of May 9, 2003; and 
Regulations 6.43--Volatile Organic Compound Emissions Reduction 
Requirements, in which version 5 has an effective date of February 15, 
2006. EPA has made, and will continue to make, these documents 
generally available electronically through https://www.regulations.gov 
and/or in hard copy at the Region 4 office (see the ADDRESSES section 
of this preamble for more information).

V. Proposed Action

    EPA is proposing to approve Kentucky's August 29, 2012, SIP 
revision, submitted on behalf of the District, because it is consistent 
with the CAA. EPA believes that all of these proposed changes are 
consistent with section 110 of the CAA and meet the regulatory 
requirements pertaining to SIPs, including CAA section 110(l), since 
these changes are administrative in nature and will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA.

VI. 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 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 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

[[Page 31739]]

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, Sulfur 
dioxide, Reporting, Volatile organic compounds, and Recordkeeping 
requirements.

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

    Dated: June 26, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-14399 Filed 7-7-17; 8:45 am]
BILLING CODE 6560-50-P



                                                 31736                     Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules

                                                 marine information broadcast on VHF–                     Commission approval for the                           III. Initial Commission Action
                                                 FM marine band radio.                                    introduction of a new method of Move                     The Commission establishes Docket
                                                   (d) Enforcement. The Coast Guard                       Update verification, corresponding                    No. R2017–7 to consider the matters
                                                 may be assisted with marine event                        changes to the assessment charge, and                 raised by the Notice. The Commission
                                                 patrol and enforcement of the regulated                  other related classification changes.                 invites comments on whether the Postal
                                                 area by other Federal, State, and local                  Notice at 1.                                          Service’s filing is consistent with the
                                                 agencies.
                                                   (e) Enforcement periods. This section                  II. Overview                                          requirements of 39 U.S.C. 3622 and 39
                                                 will be enforced from 8:30 a.m. until                                                                          CFR part 3010. Comments are due July
                                                                                                          A. Price and Classification Changes                   20, 2017. See 39 CFR 3010.11(a)(5);
                                                 5:30 p.m. on August 19, 2017, and from
                                                 8:30 a.m. until 5:30 p.m. on August 20,                     The Postal Service asserts that it                 3001.15. The public portions of these
                                                 2017.                                                    provides the information required by 39               filings can be accessed via the
                                                                                                          CFR 3010.12, and certifies that it will               Commission’s Web site (http://
                                                   Dated: July 3, 2017.                                   inform the public of the price                        www.prc.gov).
                                                 Lonnie P. Harrison, Jr.,                                 adjustment as required by 30 CFR                         The Commission appoints Kenneth E.
                                                 Captain, U.S. Coast Guard, Captain of the                3010.12(a)(3). Id. at 2–3.                            Richardson to serve as an officer of the
                                                 Port Maryland-National Capital Region.                      The Postal Service states that it plans            Commission to represent the interests of
                                                 [FR Doc. 2017–14366 Filed 7–7–17; 8:45 am]               to introduce a new method of Move                     the general public in these proceedings
                                                 BILLING CODE 9110–04–P                                   Update verification and amend the                     (Public Representative).
                                                                                                          existing Move Update assessment
                                                                                                                                                                IV. Ordering Paragraphs
                                                                                                          charge applicable to First-Class Mail
                                                 POSTAL REGULATORY COMMISSION                             letters and flats, and Marketing Mail                   It is ordered:
                                                                                                          letters and flats. Id. at 3. The Postal                 1. The Commission establishes Docket
                                                 39 CFR Part 3010                                         Service describes the new method of                   No. R2017–7 to consider the matters
                                                 [Docket No. R2017–7; Order No. 3990]                     Move Update verification as a method                  raised by the Notice.
                                                                                                          that checks all eligible pieces to                      2. Comments are due July 20, 2017.
                                                 Move Update Assessment                                   measure the proportion of pieces that                   3. Pursuant to 39 U.S.C. 505, Kenneth
                                                                                                          have not been properly updated to                     E. Richardson is appointed to serve as
                                                 AGENCY:   Postal Regulatory Commission.                  reflect a Change of Address order. Id. at             an officer of the Commission to
                                                 ACTION:   Notice.                                        5. The new method utilizes Intelligent                represent the interests of the general
                                                                                                          Mail barcode technology to verify the                 public in these proceedings (Public
                                                 SUMMARY:    The Commission is noticing a
                                                                                                          address quality of mail submitted via                 Representative).
                                                 recent Postal Service filing requesting                                                                          4. The Acting Secretary shall arrange
                                                 its intent to amend prices and                           electronic documentation. Id. The Postal
                                                                                                          Service proposes to increase the Move                 for publication of this order in the
                                                 classification language for Move Update.
                                                                                                          Update assessment charge, applicable to               Federal Register.
                                                 This notice informs the public of the
                                                 filing, invites public comment, and                      the number of mailpieces with Change                   By the Commission.
                                                 takes other administrative steps.                        of Address errors exceeding a threshold,              Ruth Ann Abrams,
                                                 DATES: Comments are due: July 20,                        from $0.07 to $0.08. Id. at 5–6.                      Acting Secretary.
                                                 2017.                                                       The Postal Service also proposes                   [FR Doc. 2017–14318 Filed 7–7–17; 8:45 am]
                                                                                                          removing a reference in the Mail
                                                 ADDRESSES: Submit comments                               Classification Schedule to the Move
                                                                                                                                                                BILLING CODE 7710–FW–P

                                                 electronically via the Commission’s                      Update assessment charge from
                                                 Filing Online system at http://                          Marketing Mail Parcels, as the charge
                                                 www.prc.gov. Those who cannot submit                     does not apply to that product. Id. at 8.             ENVIRONMENTAL PROTECTION
                                                 comments electronically should contact                      The Postal Service also proposes to                AGENCY
                                                 the person identified in the FOR FURTHER                 extend the Full Service Intelligent Mail
                                                 INFORMATION CONTACT section by                                                                                 40 CFR Part 52
                                                                                                          benefit of no-fee Address Correction
                                                 telephone for advice on filing                           Service to mailers who enter qualifying               [EPA–R04–OAR–2017–0022; FRL–9964–61–
                                                 alternatives.                                            pieces that meet the criteria of the new              Region 4]
                                                 FOR FURTHER INFORMATION CONTACT:                         verification method and meet the Full-
                                                                                                          Service threshold (95 percent). Id. at 8–             Air Plan Approval; Kentucky;
                                                 David A. Trissell, General Counsel, at
                                                                                                          9.                                                    Louisville Miscellaneous Rule
                                                 202–789–6820.
                                                                                                                                                                Revisions
                                                 SUPPLEMENTARY INFORMATION:                               B. Price Cap Compliance
                                                                                                                                                                AGENCY:  Environmental Protection
                                                 Table of Contents                                           The Postal Service states that its                 Agency (EPA).
                                                 I. Introduction                                          financial workpapers show that the
                                                                                                                                                                ACTION: Proposed rule.
                                                 II. Overview                                             percentage changes in each mail class
                                                 III. Initial Commission Action                           comply with the annual limitation of                  SUMMARY:    On August 29, 2012, the
                                                 IV. Ordering Paragraphs                                  available price adjustment authority.2 Id.            Commonwealth of Kentucky, through
                                                 I. Introduction                                          at 11.                                                the Kentucky Division for Air Quality
                                                                                                                                                                (KDAQ), submitted changes to the
                                                    In accordance with 39 U.S.C. 3622
nlaroche on DSK30NT082PROD with PROPOSALS




                                                                                                            2 Library Reference USPS–LR–2017–7/1, June 30,
                                                                                                                                                                Kentucky State Implementation Plan
                                                 and 39 CFR part 3010, the Postal Service                 2017 (First-Class Mail Workpapers); Library
                                                                                                                                                                (SIP) on behalf of the Louisville Metro
                                                 filed notice of its intent to amend prices               Reference USPS–LR–2017–7/2, June 30, 2017
                                                                                                          (Marketing Mail Workpapers); Library Reference        Air Pollution Control District (District or
                                                 and classification language for Move
                                                                                                          USPS–LR–2017–7/3, June 30, 2017 (Special              Jefferson County). The Environmental
                                                 Update.1 The Postal Service seeks                        Services Workpapers); Library Reference USPS–LR–      Protection Agency (EPA) is proposing to
                                                                                                          2017–7/4, June 30, 2017 (Move Update Census
                                                   1 United States Postal Service Notice of Market        Data); Library Reference USPS–LR–2017–7/NP1,
                                                                                                                                                                approve several changes that modify the
                                                 Dominant Price Adjustment and Classification             June 30, 2017 (First Class Mail International         District’s air quality regulations as
                                                 Changes, June 30, 2017 (Notice).                         Workpapers (Nonpublic)).                              incorporated into the SIP. The changes


                                            VerDate Sep<11>2014   15:08 Jul 07, 2017   Jkt 241001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\10JYP1.SGM   10JYP1


                                                                           Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules                                            31737

                                                 to the regulatory portion of the SIP that                Administrative Procedures; Regulation                 The changes to the Open Records Act
                                                 EPA is proposing to approve pertain to                   1.11—Control of Open Burning;                         are to reflect the currently available
                                                 definitional changes, administrative                     Regulation 1.19—Administrative                        technology options for delivering
                                                 amendments, open burning, standards                      Hearings; Regulation 6.18—Standards                   submissions. The District also is making
                                                 of performance, and volatile organic                     of Performance for Solvent Metal                      some revisions to the public hearing
                                                 compounds (VOCs). EPA is proposing to                    Cleaning Equipment; Regulation 6.43—                  section due to the adoption of the STAR
                                                 approve these changes because the                        Volatile Organic Compound Emission                    Program. Section 3 ‘‘Procedures at
                                                 Commonwealth and Jefferson County                        Reduction Requirements; and repeal                    Public Hearings’’ is being updated to:
                                                 have demonstrated that these changes                     Regulation 7.18—Standards of                          Reflect the public hearing procedures
                                                 are consistent with the Clean Air Act                    Performance for New Solvent Metal                     that have been implemented for many
                                                 (CAA or Act).                                            Cleaning Equipment.                                   years, which add ‘‘representative of the
                                                 DATES: Written comments must be                                                                                affective entity’’ to replace ‘‘the
                                                                                                          II. Background                                        petitioner;’’ consolidate Regulation 3.13
                                                 received on or before August 9, 2017.
                                                 ADDRESSES: Submit your comments,                           This proposed action will update                    and 3.14 to allow persons to submit
                                                 identified by Docket ID No. EPA–R04–                     Kentucky’s acronyms and make changes                  evidence and make a statement in
                                                 OAR–2017–0022 at https://                                to other regulations approved into the                support of and in opposition to a
                                                 www.regulations.gov. Follow the online                   SIP. The changes made to the                          proposed action; and make a few other
                                                 instructions for submitting comments.                    regulations other than definitions are                non-substantive wording changes.
                                                 Once submitted, comments cannot be                       administrative in nature, including                   c. Regulation 1.11 Control of Open
                                                 edited or removed from Regulations.gov.                  updating internal references. Kentucky’s              Burning
                                                 EPA may publish any comment received                     August 29, 2012, SIP revision can be
                                                 to its public docket. Do not submit                      found in the docket for this proposed                    The August 29, 2012, submittal also
                                                 electronically any information you                       rulemaking at www.regulations.gov and                 makes changes to Regulation 1.11 which
                                                 consider to be Confidential Business                     are summarized below.                                 updates the restrictions on open
                                                 Information (CBI) or other information                                                                         burning. Versions 9 and 10 of this
                                                                                                          III. EPA’s Analysis of Kentucky’s                     regulation have been submitted for
                                                 whose disclosure is restricted by statute.               August 29, 2012, SIP Revision
                                                 Multimedia submissions (audio, video,                                                                          approval in this submission. The
                                                 etc.) must be accompanied by a written                   a. Regulations 1.03         Abbreviations and         proposed changes to Regulation 1.11
                                                 comment. The written comment is                          Acronyms                                              enhance the District’s control over open
                                                 considered the official comment and                                                                            burning activities that are exempt from
                                                                                                             The August 29, 2012, SIP revision                  the general prohibition of open burning
                                                 should include discussion of all points                  changes Regulation 1.03 by adding
                                                 you wish to make. EPA will generally                                                                           by requiring written requests and/or
                                                                                                          acronyms and abbreviations and is                     notice, including information about the
                                                 not consider comments or comment                         referred to as version 6 of this                      material to be burned, and District
                                                 contents located outside of the primary                  regulation. EPA is proposing to approve               approval for various types of fires.
                                                 submission (i.e., on the web, cloud, or                  all of the changes to Regulation 1.03.                Agricultural fires are further restricted
                                                 other file sharing system). For                          Changes to Regulation 1.03 consist of                 to occur at times when there is a
                                                 additional submission methods, the full                  adding acronyms to make them                          maximum wind speed of 15 miles per
                                                 EPA public comment policy,                               consistent with definitions used by                   hour.
                                                 information about CBI or multimedia                      EPA. Several acronyms were added to                      The regulation has also been updated
                                                 submissions, and general guidance on                     Regulation 1.03 for clarity. Some of the              to recognize fire pits. Similar to the
                                                 making effective comments, please visit                  acronyms that were added are                          provision for personal cooking fires,
                                                 https://www2.epa.gov/dockets/                            associated with various cancer terms.                 personal fires from small fire pits,
                                                 commenting-epa-dockets.                                  Other acronyms pertain to areas such as               including chimineas and open-top fire
                                                 FOR FURTHER INFORMATION CONTACT:                         modeling, environmental acceptability,                chambers do not require the District’s
                                                 Sean Lakeman, Air Regulatory                             integrated risk, lethal concentrations,               approval and are exempt from the
                                                 Management Section, Air Planning and                     and toxics. Most of the acronyms were                 general prohibition on open burning.
                                                 Implementation Branch, Air, Pesticides                   added due to the adoption of the                      The size restriction for personal fire pits
                                                 and Toxics Management Division, U.S.                     Strategic Toxic Air Reduction Program                 is 3x3x3 feet. Ceremonial and
                                                 Environmental Protection Agency,                         (STAR) Program, which was adopted on                  commercial fires, regardless of whether
                                                 Region 4, 61 Forsyth Street SW.,                         June 21, 2005.                                        they occur in fire pits, still require the
                                                 Atlanta, Georgia 30303–8960. The                                                                               District’s approval and are restricted in
                                                 telephone number is (404) 562–9043.                      b. Regulation 1.08          Administrative
                                                                                                          Procedures                                            size to 5x5x5 feet. The changes also
                                                 Mr. Lakeman can be reached via                                                                                 removed reference to the flare stacks as
                                                 electronic mail at lakeman.sean@                           The August 29, 2012, SIP revision                   open burning, added language about
                                                 epa.gov.                                                 also makes changes to Regulation 1.08                 special case fires and how they would
                                                 SUPPLEMENTARY INFORMATION:                               by updating the regulation to be                      be treated on an individual basis,
                                                                                                          consistent with the state regulation in               described accelerants that are
                                                 I. What action is EPA taking?                            the Commonwealth of Kentucky’s                        prohibited, and prohibited barrel
                                                    On August 29, 2012, KDAQ submitted                    statutes. Versions 12 and 13 of this                  burning.
                                                 a SIP revision to EPA for approval that                  regulation have been submitted for
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                                                 involves changes to Jefferson County                     approval in this submission. The                      d. Regulation 1.19 Administrative
                                                 regulations related to acronym                           changes to Regulation 1.08 mostly                     Hearings
                                                 additions, administrative amendments,                    contain provisions for open records in                  The August 29, 2012, SIP revision
                                                 open burning, standards of performance,                  Section 6 ‘‘Confidentiality and Open                  also makes changes to the language in
                                                 and VOCs. EPA is proposing to approve                    Records Policy.’’ The District’s changes              Regulation 1.19 to make it consistent
                                                 the changes to Jefferson County                          make the rule consistent with the                     with KRS 77.310 Proceedings for alleged
                                                 Regulation 1.03—Abbreviations and                        Kentucky Open Records Act, Kentucky                   violations of chapter or regulations and
                                                 Acronyms; Regulation 1.08—                               Revised Statutes (KRS) 61.870 to 61.884.              for petitions for a hearing on board


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                                                 31738                     Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules

                                                 orders or determination—Hearing                          two stationary sources that are no longer             proposing to incorporate by reference
                                                 officer. The language in Regulation 1.19                 in operation are being removed from the               Jefferson County Regulation 1.03—
                                                 was revised from applying solely to                      emissions inventory. This SIP revision                Abbreviations and Acronyms, which
                                                 Board orders and expanded to include                     also replaced Carbide Industries’                     had a state effective date of January 16,
                                                 Board orders and ‘‘determinations.’’                     company specific VOC reduction                        2008; Regulation 1.08—Administrative
                                                 Version 2 of this regulation has been                    process with an equivalent plant-wide                 Procedures, in which version 13 had an
                                                 submitted for approval in this SIP                       VOC limit. Carbide Industries LLC                     effective date of March 21, 2010;
                                                 revision. The other amendments to this                   requested a revision to the operating                 Regulation 1.11—Control of Open
                                                 regulation ensure that there is not a                    procedures while leaving the VOC                      Burning; Regulation, in which version
                                                 conflict of interest between board                       emission limits in place. The previous                10 has an effective date of January 16,
                                                 members and anyone affiliated with the                   operating procedures of the regulation                2008; 1.19—Administrative Hearings,
                                                 proceeding. It bars communication                        would not have permitted storage of                   which has an effective date of January
                                                 between any party affiliated with a                      acetylene onsite. Because Carbide                     16, 2008; Regulation 6.18—Standards of
                                                 proceeding and any member of the                         Industries no longer has a buyer of                   Performance for Solvent Metal Cleaning
                                                 Board.                                                   acetylene, which is a byproduct of their              Equipment, which has an effective date
                                                                                                          process, they now have a need to store                of May 9, 2003; and Regulations 6.43—
                                                 e. Regulation 6.18 Standards of
                                                                                                          acetylene onsite. This change allows                  Volatile Organic Compound Emissions
                                                 Performance for Solvent Metal Cleaning
                                                                                                          Carbide Industries to remain in                       Reduction Requirements, in which
                                                 Equipment
                                                                                                          compliance with Regulation 6.43 while                 version 5 has an effective date of
                                                    The August 29, 2012, SIP revision                     achieving equivalent VOC reductions,                  February 15, 2006. EPA has made, and
                                                 also makes changes to Regulation 6.18                    which is the intended purpose of the                  will continue to make, these documents
                                                 which updates the restrictions on                        regulation.                                           generally available electronically
                                                 solvent cleaning. Version 7 of this                                                                            through https://www.regulations.gov
                                                 regulation has been submitted for                        g. Regulation 7.18 Standards of
                                                                                                          Performance for New Solvent Metal                     and/or in hard copy at the Region 4
                                                 approval in this SIP revision. Regulation                                                                      office (see the ADDRESSES section of this
                                                 6.18 is being changed to reduce VOC                      Cleaning Equipment
                                                                                                                                                                preamble for more information).
                                                 emissions from cold cleaning equipment                      The August 29, 2012, SIP revision
                                                 through adding work place standards                      also repeals Regulation 7.18 because it               V. Proposed Action
                                                 and requirements for equipment use,                      was superseded by Regulation 6.18—
                                                                                                                                                                   EPA is proposing to approve
                                                 including cover requirements, flushing,                  Standards of Performance for Solvent
                                                                                                                                                                Kentucky’s August 29, 2012, SIP
                                                 solvent flow, fan placement, solvent                     Metal Cleaning Equipment. In this SIP
                                                                                                                                                                revision, submitted on behalf of the
                                                 storage, and parts cleaning instructions.                revision, the District combined
                                                                                                                                                                District, because it is consistent with the
                                                 Changes also include requiring owners                    Regulation 7.18 and 6.18 because the
                                                                                                                                                                CAA. EPA believes that all of these
                                                 and operators of cold cleaning                           two regulations have identical
                                                                                                                                                                proposed changes are consistent with
                                                 equipment to evaluate the possibility of                 requirements and standards, only
                                                                                                                                                                section 110 of the CAA and meet the
                                                 using lower or non-VOC containing                        differing in applicability. Originally,
                                                                                                                                                                regulatory requirements pertaining to
                                                 solvents whenever feasible. The changes                  Regulation 7.18—Standards of
                                                                                                                                                                SIPs, including CAA section 110(l),
                                                 to the regulation have to be                             Performance for New Solvent Metal
                                                                                                          Cleaning Equipment was only for new                   since these changes are administrative
                                                 implemented before the issuance of a
                                                 permit pursuant to Regulations 2.16                      facilities, and Regulation 6.18—                      in nature and will not interfere with any
                                                 Title V Operating Permits or Regulation                  Standards of Performance for Existing                 applicable requirement concerning
                                                 2.05 Prevention of Significant                           Solvent Metal Cleaning Equipment was                  attainment and reasonable further
                                                 Deterioration of Air Quality. The update                 only for existing facilities. In the August           progress, or any other applicable
                                                 to this regulation will now supersede                    29, 2012, SIP revision, Regulation 6.18               requirement of the CAA.
                                                 Regulation 7.18 and allow its repeal.                    has been updated with wording changes                 VI. Statutory and Executive Order
                                                                                                          to incorporate the two regulations, and               Reviews
                                                 f. Regulation 6.43 Volatile Organic
                                                                                                          the new title is Regulation 6.18—
                                                 Compound Emission Reduction                                                                                      Under the CAA, the Administrator is
                                                                                                          Standards of Performance for Solvent
                                                 Requirements                                                                                                   required to approve a SIP submission
                                                                                                          Metal Cleaning Equipment, which
                                                    The August 29, 2012, SIP revision, if                 applies to all facilities. By combining               that complies with the provisions of the
                                                 approved, also makes changes to                          the two regulations, Regulation 7.18 is               Act and applicable federal regulations.
                                                 Regulation 6.43, which updates VOC                       no longer needed and can be repealed.                 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                 emissions reduction strategy, including                  Regulation 6.18 is also revised to                    Thus, in reviewing SIP submissions,
                                                 operational requirements for named                       remove requirements that are no longer                EPA’s role is to approve state choices,
                                                 stationary sources, each of which has                    applicable. In 2000, Jefferson County                 provided that they meet the criteria of
                                                 voluntarily agreed to these                              prohibited the sale or use of solvents                the CAA. Accordingly, this action
                                                 requirements. Versions 4 and 5 of this                   with vapor pressures greater than 1 mm                merely proposes to approve state law as
                                                 regulation have been submitted for                       Hg in cold cleaners. Regulation 6.18 was              meeting federal requirements and does
                                                 approval in this SIP revision. The                       revised to remove requirements for                    not impose additional requirements
                                                 changes to this regulation include: An                   solvents with higher vapor pressures,                 beyond those imposed by state law. For
                                                 emission reduction strategy for                          since they are no longer sold or used in              that reason, this action:
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                                                 American Synthetic Rubber Company to                     Jefferson County.                                       • Is not a significant regulatory action
                                                 allow the use of a new oxidizer or boiler                                                                      subject to review by the Office of
                                                 to control emissions, an update to the                   IV. Incorporation by Reference                        Management and Budget under
                                                 names of four stationary sources that                      In this rule, EPA is proposing to                   Executive Orders 12866 (58 FR 51735,
                                                 changed names, and a change to the                       include in a final EPA rule regulatory                October 4, 1993) and 13563 (76 FR 3821,
                                                 emission inventory system number for                     text that includes incorporation by                   January 21, 2011);
                                                 Dupont Dow Elastomers L.L.C. in                          reference. In accordance with                           • does not impose an information
                                                 Section 11 to the current number. Also,                  requirements of 1 CFR 51.5, EPA is                    collection burden under the provisions


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                                                                           Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules                                           31739

                                                 of the Paperwork Reduction Act (44                       ENVIRONMENTAL PROTECTION                              and Toxics Management Division, U.S.
                                                 U.S.C. 3501 et seq.);                                    AGENCY                                                Environmental Protection Agency,
                                                    • is certified as not having a                                                                              Region 4, 61 Forsyth Street SW.,
                                                                                                          40 CFR Part 52                                        Atlanta, Georgia 30303–8960. The
                                                 significant economic impact on a
                                                 substantial number of small entities                     [EPA–R04–OAR–2016–0362; FRL–9964–66–                  telephone number is (404) 562–9043.
                                                                                                          Region 4]                                             Mr. Lakeman can also be reached via
                                                 under the Regulatory Flexibility Act (5
                                                                                                                                                                electronic mail at lakeman.sean@
                                                 U.S.C. 601 et seq.);
                                                                                                          Air Plan Approval; North Carolina                     epa.gov.
                                                    • does not contain any unfunded                       Miscellaneous Rules                                   SUPPLEMENTARY INFORMATION:
                                                 mandate or significantly or uniquely
                                                 affect small governments, as described                   AGENCY:  Environmental Protection                     I. Analysis of the State Submittals
                                                 in the Unfunded Mandates Reform Act                      Agency (EPA).
                                                                                                                                                                  On December 14, 2004 and March 1,
                                                 of 1995 (Pub. L. 104–4);                                 ACTION: Proposed rule.
                                                                                                                                                                2016, the State of North Carolina,
                                                    • does not have Federalism                            SUMMARY:    The Environmental Protection              through NCDEQ, submitted revisions to
                                                 implications as specified in Executive                   Agency (EPA) is proposing to approve                  the North Carolina SIP. EPA is
                                                 Order 13132 (64 FR 43255, August 10,                     several changes to the North Carolina                 proposing to approve the March 1, 2016,
                                                 1999);                                                   State Implementation Plan (SIP)                       submission which adds a new rule—
                                                                                                                                                                15A NCAC 02Q .0809 Concrete Batch
                                                    • is not an economically significant                  submitted by the State of North
                                                                                                          Carolina, through the North Carolina                  Plants and a portion of the December 14,
                                                 regulatory action based on health or
                                                                                                          Department of Environmental Quality                   2004, submission which adds two new
                                                 safety risks subject to Executive Order
                                                                                                          (NCDEQ), on December 14, 2004 and                     rules—15A NCAC 02Q .0901, Purpose
                                                 13045 (62 FR 19885, April 23, 1997);                                                                           and Scope and .0902 Portable Crushers.
                                                                                                          March 1, 2016. The March 1, 2016,
                                                    • is not a significant regulatory action              submission adds a new rule to the                     EPA has preliminarily determined that
                                                 subject to Executive Order 13211 (66 FR                  ‘‘Exclusionary Rules’’ of the North                   these changes to the North Carolina SIP
                                                 28355, May 22, 2001);                                    Carolina SIP, and the portion of the                  are approvable pursuant to section 110
                                                    • is not subject to requirements of                   December 14, 2004, submission EPA is                  of the CAA. The changes that are the
                                                 Section 12(d) of the National                            proposing to approve adds two new                     subject of this proposed rulemaking are
                                                 Technology Transfer and Advancement                      rules under a new section called                      described in further detail below.
                                                 Act of 1995 (15 U.S.C. 272 note) because                 ‘‘Permit Exemptions.’’ This action is                 A. March 1, 2016, SIP Submission
                                                 application of those requirements would                  being taken pursuant to the Clean Air
                                                                                                          Act (CAA or Act).                                        The March 1, 2016, submission adds
                                                 be inconsistent with the CAA; and                                                                              a new exclusionary rule for concrete
                                                    • does not provide EPA with the                       DATES: Comments must be received on
                                                                                                                                                                batch plants (15A NCAC 02Q .0809
                                                 discretionary authority to address, as                   or before August 9, 2017.                             Concrete Batch Plants) that excludes
                                                 appropriate, disproportionate human                      ADDRESSES: Submit your comments,                      from Title V permitting requirements
                                                 health or environmental effects, using                   identified by Docket ID No. EPA–R04–                  such facilities that operate below a
                                                 practicable and legally permissible                      OAR–2016–0362 at https://                             specified annual production rate. The
                                                 methods, under Executive Order 12898                     www.regulations.gov. Follow the online                production rate that qualifies concrete
                                                 (59 FR 7629, February 16, 1994).                         instructions for submitting comments.                 batch plants for this permit exclusion is
                                                                                                          Once submitted, comments cannot be                    1,210,000 cubic yards of wet concrete
                                                    The SIP is not approved to apply on                   edited or removed from Regulations.gov.               per year, which, based on an emission
                                                 any Indian reservation land or in any                    EPA may publish any comment received                  factor, corresponds to an emission rate
                                                 other area where EPA or an Indian tribe                  to its public docket. Do not submit                   below the major source threshold.
                                                 has demonstrated that a tribe has                        electronically any information you                    Subject facilities are required to submit
                                                 jurisdiction. In those areas of Indian                   consider to be Confidential Business                  an annual registration to the appropriate
                                                 country, the rule does not have tribal                   Information (CBI) or other information                regional office and report the quantity of
                                                 implications as specified by Executive                   whose disclosure is restricted by statute.            wet concrete produced in the previous
                                                 Order 13175 (65 FR 67249, November 9,                    Multimedia submissions (audio, video,                 calendar year and maintain records of
                                                 2000), nor will it impose substantial                    etc.) must be accompanied by a written                annual production for the previous
                                                 direct costs on tribal governments or                    comment. The written comment is                       three calendar years. This annual
                                                 preempt tribal law.                                      considered the official comment and                   certification that the facility’s
                                                                                                          should include discussion of all points               production rate is below the specified
                                                 List of Subjects in 40 CFR Part 52                       you wish to make. EPA will generally                  level ensures continued protection of
                                                   Environmental protection, Air                          not consider comments or comment                      the NAAQS, specifically particulate
                                                 pollution control, Incorporation by                      contents located outside of the primary               matter, which is of particular relevance
                                                                                                          submission (i.e., on the web, cloud, or               because concrete batch plants emit
                                                 reference, Intergovernmental relations,
                                                                                                          other file sharing system). For                       particulate matter, including particulate
                                                 Nitrogen dioxide, Sulfur dioxide,
                                                                                                          additional submission methods, the full               matter with an aerodynamic diameter
                                                 Reporting, Volatile organic compounds,                   EPA public comment policy,
                                                 and Recordkeeping requirements.                                                                                less than 10 micrometers (PM10) and
                                                                                                          information about CBI or multimedia                   less than 2.5 micrometers (PM2.5). These
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                                                    Authority: 42 U.S.C. 7401 et seq.                     submissions, and general guidance on                  excluded sources must also make
                                                   Dated: June 26, 2017.                                  making effective comments, please visit               prompt reports if they exceed the
                                                                                                          https://www2.epa.gov/dockets/                         annual production rate limit, submitted
                                                 V. Anne Heard,
                                                                                                          commenting-epa-dockets.                               within one week of the date on which
                                                 Acting Regional Administrator, Region 4.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      the limit was exceeded.
                                                 [FR Doc. 2017–14399 Filed 7–7–17; 8:45 am]
                                                                                                          Sean Lakeman, Air Regulatory                             The rule excludes from Title V
                                                 BILLING CODE 6560–50–P                                   Management Section, Air Planning and                  permitting requirements all concrete
                                                                                                          Implementation Branch, Air, Pesticides                batch plants in the state that produce


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Document Created: 2017-07-08 00:55:46
Document Modified: 2017-07-08 00:55:46
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 August 9, 2017.
ContactSean Lakeman, 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. The telephone number is (404) 562-9043. Mr. Lakeman can be reached via electronic mail at [email protected]
FR Citation82 FR 31736 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Sulfur Dioxide; Reporting; Volatile Organic Compounds and Recordkeeping Requirements

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