82_FR_37528 82 FR 37375 - Air Plan Approval; KY; Miscellaneous Source Specific Revisions for Jefferson County

82 FR 37375 - Air Plan Approval; KY; Miscellaneous Source Specific Revisions for Jefferson County

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 153 (August 10, 2017)

Page Range37375-37378
FR Document2017-16818

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), on March 21, 2011, October 29, 2013, October 28, 2016, and March 24, 2017. The proposed revisions were submitted by KDAQ on behalf of the Louisville Metro Air Pollution Control District (District), which has jurisdiction over Jefferson County, Kentucky. The revisions include changes to Jefferson County Regulations regarding Reasonably Available Control Technology (RACT) for two major sources of nitrogen oxides (NO<INF>X</INF>) and the removal of a volatile organic compounds (VOC) bubble rule.

Federal Register, Volume 82 Issue 153 (Thursday, August 10, 2017)
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Pages 37375-37378]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16818]



[[Page 37375]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0356; FRL-9966-01-Region 4]


Air Plan Approval; KY; Miscellaneous Source Specific Revisions 
for Jefferson County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Kentucky State Implementation Plan (SIP), 
submitted by the Commonwealth of Kentucky, through the Kentucky 
Division for Air Quality (KDAQ), on March 21, 2011, October 29, 2013, 
October 28, 2016, and March 24, 2017. The proposed revisions were 
submitted by KDAQ on behalf of the Louisville Metro Air Pollution 
Control District (District), which has jurisdiction over Jefferson 
County, Kentucky. The revisions include changes to Jefferson County 
Regulations regarding Reasonably Available Control Technology (RACT) 
for two major sources of nitrogen oxides (NOX) and the 
removal of a volatile organic compounds (VOC) bubble rule.

DATES: Comments must be received on or before September 11, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0356 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: Joel Huey, 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 or Andres Febres, 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. Huey 
can be reached by telephone at (404) 562-9104 or via electronic mail at 
[email protected]. Mr. Febres can be reached by telephone at (404) 562-
8966 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing?

    EPA is proposing to approve changes to the Jefferson County portion 
of the Kentucky SIP that were received by EPA on March 21, 2011. 
Approval of Kentucky's March 21, 2011, submission would: (1) Make 
several changes to Regulation 6.29, Standard of Performance for Graphic 
Arts Facilities Using Rotogravure or Flexographic Printing; (2) remove 
Regulation 7.57, Standard of Performance for New Graphic Arts 
Facilities Using Rotogravure or Flexographic Printing; (3) incorporate 
Amendment 4 to the Louisville Medical Steam Plant NOX RACT 
Board Order into the Jefferson County portion of the Kentucky SIP; (4) 
incorporate Amendment 3 to the Texas Gas Transmission NOX 
RACT Board Order into the Jefferson County portion of the Kentucky SIP; 
and (5) remove a VOC bubble rule for the General Electric plant in 
Louisville, Kentucky. This action also proposes to approve three SIP 
revisions received by EPA on October 29, 2013, October 28, 2016, and 
March 24, 2017, which modify the March 21, 2011, submittal as discussed 
below.

II. What is the background and EPA's analysis for the proposed actions?

    On March 21, 2011, the Louisville Metro Air Pollution Control 
District,\1\ through KDAQ, submitted a SIP revision with five separate 
parts. The following paragraphs discuss the background and EPA's 
assessment of each part of that submittal as well as the three 
subsequent submittals that revised the third and fourth parts (the 
NOX RACT Board Orders for the Louisville Medical Steam Plant 
and the Texas Gas Transmission facility, respectively).
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    \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, we refer throughout this notice to 
regulations contained in the Jefferson County portion of the 
Kentucky SIP as the ``Jefferson County'' regulations.
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(1) Regulation 6.29, Standard of Performance for Graphic Arts 
Facilities Using Rotogravure or Flexographic Printing

    Jefferson County Air Quality Regulation 6.29 applies to each 
printing line for packaging rotogravure, publication rotogravure, 
specialty rotogravure, and/or flexographic printing that commenced 
operation before February 4, 1981. Kentucky's March 21, 2011, revision 
adds a new Section 3.2, which specifies that compliance with the VOC 
limits shall be based upon materials used during a calendar-day 
averaging period, but that the ``District may specifically authorize 
compliance to be based upon a longer averaging period that shall not 
exceed one calendar month.'' Although the existing SIP-approved rule 
does not specify the averaging time for compliance determination, EPA 
understands it to be 24 hours (based upon the daily recordkeeping 
requirement of Section 7.1). EPA believes that the proposed averaging 
times for compliance determination for up to one month would not result 
in any change in pollutant emissions because such allowances would be 
authorized only for facilities that generally use materials having 
little variation in VOC content. In addition, EPA notes that the 
approach of compliance determination based on averaging periods of up 
to one month is consistent with EPA's federal rules regulating this 
industry, including the New Source Performance Standards (NSPS) for the 
Graphic Arts Industry (Publication Rotogravure Printing) at 40 CFR part 
60, subpart QQ, and the National Emission Standards for Hazardous Air 
Pollutants (NESHAPs) for the Printing and Publishing Industry at 40 CFR 
part 63, subpart KK. See, e.g., 40 CFR 60.434(a)(1) and 40 CFR 
63.825(b)(2).
    The March 21, 2011, revision also amends Regulation 6.29 to allow 
material usage recordkeeping requirements to reflect the approved 
averaging period rather than the daily recordkeeping requirement of the 
existing SIP-approved rule. The inks and coatings used during a longer 
time period would be prorated to the appropriate compliance period 
based upon a measured parameter, such as linear feet of substrate 
printed. In addition, while the current SIP-

[[Page 37376]]

approved rule requires the owner or operator to keep records of 
materials used for the most recent two-year period, the revised rule 
would require that records be maintained for the most recent five-year 
period (revised Section 6.1).
    Regulation 6.29 has also been revised such that it applies to all 
rotogravure and flexographic printing lines operating within the 
District. Section 1 (Applicability) of the current SIP-approved rule 
provides that the regulation applies to each affected facility that 
commenced operation before February 4, 1981. ``Affected facility'' is 
defined in the current SIP-approved rule as ``a printing line for 
packaging rotogravure, publication rotogravure, specialty rotogravure, 
or flexographic printing.'' Under the revised rule, the Applicability 
section is moved to Section 2 and provides that the rule applies to 
each printing line for packaging rotogravure, publication rotogravure, 
specialty rotogravure, or flexographic printing (regardless of 
commencement date \2\) and that new or modified affected facilities 
shall comply with all standards of the rule upon commencing operation.
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    \2\ New printing lines of these types are currently regulated 
pursuant to Regulation 7.57, the proposed removal of which is 
discussed in Section II.(2) below.
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    Another change to Regulation 6.29 is that Section 5, ``Exemption,'' 
has been deleted, and the ink and coating VOC content specifications of 
that section have been relocated to Section 3, Standard for Volatile 
Organic Compounds, such that they are recognized as material usage 
limits rather than exemptions to compliance requirements. Finally, 
several non-substantive language changes have been made to Regulation 
6.29 for consistency with other current Jefferson County regulations. 
EPA has evaluated these requested changes believes they will not 
interfere with the Louisville Area's ability to attain and maintain the 
national ambient air quality standards (NAAQS). Therefore, EPA proposes 
to approve these changes to Regulation 6.29.

(2) Regulation 7.57, Standard of Performance for New Graphic Arts 
Facilities Using Rotogravure or Flexographic Printing

    Regulation 7.57 applies to the same type of printing lines as 
Regulation 6.29, but it applies to ``new'' units, defined as those that 
commenced operation on or after February 4, 1981. Kentucky's March 21, 
2011, submittal proposes to remove Regulation 7.57 from the SIP. As 
noted above, Regulation 6.29 has been revised such that it applies to 
all rotogravure and flexographic printing lines, regardless of their 
date of operational commencement. EPA has reviewed the revised 
Regulation 6.29 and has preliminarily determined that it regulates the 
sources with the same stringency as Regulation 7.57. Therefore, because 
Regulation 6.29 as revised will apply to all subject printing lines 
within the District's jurisdiction, Regulation 7.57 would be 
duplicative and unnecessary. EPA proposes to approve the removal of 
Regulation 7.57 from the SIP.

(3) Louisville Medical Center Steam Plant--NOX RACT Board 
Order

    Jefferson County Air Quality Regulation 6.42 (Reasonably Available 
Control Technology Requirements for Major Volatile Organic Compound- 
and Nitrogen Oxides-Emitting Facilities) requires the establishment and 
implementation of RACT for certain affected facilities that are located 
at a major stationary source for NOX. Section 4.4 of 
Regulation 6.42 requires that each determination of RACT approved by 
the District be submitted to EPA as a site-specific revision of the 
Kentucky SIP. The Louisville Medical Center Steam Plant (Medical 
Center) operates six boilers that provide heat to buildings associated 
with the downtown hospital medical complex and is subject to a title V 
operating permit issued by the District. The initial Medical Center 
NOX RACT Board Order was approved by the Air Pollution 
Control Board of Jefferson County (APC Board-JC) on November 8, 1999, 
and submitted to EPA by KDAQ on November 12, 1999, as a site-specific 
revision of the Kentucky SIP. Amendment 1 to the Medical Center Board 
Order, issued on February 21, 2001, was submitted to EPA and approved 
into the SIP on October 23, 2001. See 66 FR 53685.
    The March 21, 2011, submittal includes the District's second 
amendment to the Medical Center Board Order and requests withdrawal of 
Amendment 1. However, on October 29, 2013, the District submitted a 
third amendment to the Medical Center Board Order and requested 
withdrawal of the second one, and on April 4, 2017, the District 
submitted a fourth amendment to the Medical Center Board Order and 
requested withdrawal of the third one. No federal approval action has 
been taken on the second or third amendments to the Medical Center 
Board Order.
    On March 19, 2008, the APC-JC Board adopted Amendment 2 to the 
Medical Center Board Order. Amendment 2 changed the fuel for Boiler #1 
from coal to natural gas, removed the 10 percent ``seasonal capacity 
factor'' and added a 0.10 pound per million British thermal unit (lb/
MMBtu) heat input limit for that boiler. On August 21, 2013, the 
Louisville Metro Air Pollution Control Board (LMAPC Board; formerly, 
the APC-JC Board) adopted Amendment 3 to the Medical Center Board 
Order. Amendment 3 removed the 10 percent seasonal capacity factor for 
Boiler #3 (since the coal stoker was removed and replaced with a low 
NOX burner) and added a 0.20 lb/MMBtu heat input limit for 
that boiler.
    On January 18, 2017, the LMAPC Board adopted Amendment 4 to the 
Medical Center Board Order. Amendment 4 replaces the emission rate 
limits for Boiler #1 and Boiler #3 (0.10 and 0.20 lb/MMBtu, 
respectively) with new limits on total NOX emissions (a 32.8 
tons annual NOX limit and a 4.0 tons ozone season 
NOX limit for both boilers). As shown in the District's 
supporting documentation included in the submittal, the new ozone 
season NOX limit of 4.0 tons is more conservative than the 
potential to emit of 4.04 tons during ozone season (based on the 
previous 10 percent seasonal capacity factor), and the new annual 
NOX limit of 32.8 tons is the same as the potential to emit 
of 32.8 tons per year (based on the previous 10 percent seasonal 
capacity factor). Thus, the Medical Center Board Order changes between 
Amendment 1 (the version currently approved in the SIP) and Amendment 4 
for Boilers #1 and #3 result in a potential emissions reduction of 0.04 
tons of NOX per boiler during the ozone season. Other 
changes included in Amendment 4 are clarification of the averaging 
period for the NOX emission limits as a 30-day rolling 
average; the addition of annual performance testing and record of non-
routine boiler maintenance activities for Boilers #1 and #3; 
elimination of an obsolete requirement for the Medical Center to submit 
a report of daily activities and procedures by April 1, 2001; and 
elimination of obsolete requirements related to compliance and 
recordkeeping on seasonal capacity factors, which originally applied 
only to Boilers #1 and #3 but no longer apply.
    EPA preliminarily agrees with the District that the Amendment 4 to 
Medical Center Board Order achieves at least the same level of 
NOX emission reductions as the previously approved Amendment 
1. Therefore, EPA proposes to approve the April 4, 2017, revision as 
Amendment 4 to the Medical Center Board Order.

[[Page 37377]]

(4) Texas Gas Transmission--NOX RACT Board Order

    As discussed above, Jefferson County Air Quality Regulation 6.42 
requires the establishment and implementation of RACT for certain 
affected facilities that are located at a major stationary source for 
NOX. The initial Texas Gas Transmission (Texas Gas) 
NOX RACT Board Order was approved by the APC-JC Board on 
November 8, 1999, and submitted to EPA by KDAQ on November 12, 1999, as 
a site-specific revision of the Kentucky SIP. Amendment 1 to the Texas 
Gas Board Order, issued on December 20, 2000, was submitted to EPA and 
approved into the SIP on October 23, 2001. See 66 FR 53685.
    The March 21, 2011, submittal includes the District's second 
amendment to the Texas Gas Board Order and requests withdrawal of 
Amendment 1. However, on October 28, 2016, the District submitted a 
third amendment to the Texas Gas Board Order and requested withdrawal 
of second one. No federal approval action has been taken on the second 
amendment to the Texas Gas Board Order.
    On June 17, 2009, the APC-JC Board adopted Amendment 2 to the Texas 
Gas Board Order. Amendment 2 removed the compressor turbine T-1 
emission requirements due to the removal of the unit from the facility 
in 2005, added emission requirements for new compressor turbine E-22, 
and added a requirement that combustion performance modifications 
performed on the nine reciprocating internal combustion engine 
compressors remain in place to ensure NOX emission limits 
are achieved.
    On May 18, 2016, the LMAPC Board adopted Amendment 3 to the Texas 
Gas Board Order. Amendment 3 introduces the emission limits and work 
practice standards for engine E28 to bring it up to date with EPA's 
NESHAP for Stationary Reciprocating Internal Combustion Engines (40 CFR 
63, subpart ZZZZ) as revised in 2013 (see 78 FR 6674); modifies the 
emission testing schedule for Compressor Engines El-E9 and Turbine E22; 
and more clearly specifies the emission limits and testing, 
recordkeeping, and reporting requirements for each of the covered 
sources.
    Regarding the performance testing schedule for Compressor Engines 
El-E6, Amendment 3 requires the same 6-year testing period for each 
engine as the approved Amendment 1. For Compressor Engines E7-E9, 
Amendment 3 also requires a 6-year testing period for each engine, 
although these engines are required to be tested every three years 
under the approved Amendment 1. EPA believes the reduced testing 
frequency for Compressor Engines E7-E9 is appropriate because these 
units are of the same type as Compressor Engines E1-E6, which have a 
six-year testing requirement, and the revised schedule requires 
performance testing of all nine of the facility's compressor engines 
within each 6-year period. For Turbine E22, the performance testing 
schedule is reduced from every two years to every six years. EPA 
believes this reduced testing frequency is appropriate because new 
condition 7 of Amendment 3 requires the owner or operator to 
continuously monitor and record appropriate parameters to demonstrate 
that the unit is operating in low-NOX mode, as required 
under 40 CFR 60.334(f)(2), thus minimizing NOX emissions. 
Further, if any of these units, E1-E9 and E22, fails to demonstrate 
compliance with standards at any time, a new provision under condition 
15 of Amendment 3 requires that the unit be taken out of service until 
maintenance has been performed and the unit has been re-tested and has 
demonstrated compliance. In addition, the LMAPC Board notes that units 
E1-E9 and E22 have shown historical emission levels are significantly 
less than the regulatory limits.
    EPA preliminarily agrees with the District that Amendment 3 to the 
Texas Gas Board Order achieves the same level of NOX 
emission reductions as the previously approved Amendment 1. Therefore, 
EPA proposes to approve the October 28, 2016, revision as Amendment 3 
to the Texas Gas Board Order.

(5) General Electric--Remove the Bubble Action Approved on January 12, 
1982

    In 1982, EPA approved a revision to the Kentucky SIP that allowed 
an alternative emission reduction plan in the form of a ``bubble rule'' 
for the General Electric plant in Louisville, Kentucky. See 47 FR 1291 
(January 12, 1982). The sources affected by that SIP revision were the 
Koch Plastisol Prime System and the Koch Wire Rack Prime System. The 
revision allowed the plant to achieve compliance with Kentucky and 
Jefferson County VOC regulations for existing large appliance surface 
coating operations. Kentucky's March 21, 2011, submittal requests 
removal of this bubble rule for the General Electric plant because the 
subject equipment has been disabled and the associated permits have 
been voided for the facility. EPA proposes to approve the removal of 
the ``Bubble action at General Electric in Louisville'' from the 
Kentucky SIP.

III. Incorporation by Reference

    In this rule, EPA is proposing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is proposing the incorporation by reference of Jefferson 
County's Regulation 6.29, Standard of Performance for Graphic Arts 
Facilities Using Rotogravure or Flexographic Printing, effective August 
21, 2013; ``Board Order Texas Gas Transmission'' NOX RACT 
Plan, effective May 18, 2016; and ``Board Order Louisville Medical 
Center Steam Plant'' NOX RACT Plan, effective January 18, 
2017. 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 Actions

    EPA is proposing to approve changes to the Jefferson County Air 
Quality Regulations portion of the Kentucky SIP. The requested 
revisions were provided by KDAQ to EPA on March 21, 2011, October 29, 
2013, October 28, 2016, and March 24, 2017. The changes proposed for 
approval would: (1) Modify Regulation 6.29, (2) remove Regulation 7.57, 
(3) incorporate Amendment 4 to the NOX RACT Board Order for 
the Louisville Medical Center Steam Plant into the Jefferson County 
portion of the Kentucky SIP, (4) incorporate Amendment 3 to 
NOX RACT Board Order for the Texas Gas Transmission facility 
into the Kentucky SIP, and (5) remove the VOC bubble rule for the 
General Electric plant in Louisville, Kentucky. EPA believes these 
changes are consistent with the requirements of the CAA.

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:

[[Page 37378]]

     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 (Public Law 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: July 28, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-16818 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                          Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules                                         37375

                                                    ENVIRONMENTAL PROTECTION                                Branch, Air, Pesticides and Toxics                    EPA’s assessment of each part of that
                                                    AGENCY                                                  Management Division, U.S.                             submittal as well as the three
                                                                                                            Environmental Protection Agency,                      subsequent submittals that revised the
                                                    40 CFR Part 52                                          Region 4, 61 Forsyth Street SW.,                      third and fourth parts (the NOX RACT
                                                    [EPA–R04–OAR–2017–0356; FRL–9966–01–                    Atlanta, Georgia 30303–8960 or Andres                 Board Orders for the Louisville Medical
                                                    Region 4]                                               Febres, Air Regulatory Management                     Steam Plant and the Texas Gas
                                                                                                            Section, Air Planning and                             Transmission facility, respectively).
                                                    Air Plan Approval; KY; Miscellaneous                    Implementation Branch, Air, Pesticides
                                                                                                                                                                  (1) Regulation 6.29, Standard of
                                                    Source Specific Revisions for                           and Toxics Management Division, U.S.
                                                                                                                                                                  Performance for Graphic Arts Facilities
                                                    Jefferson County                                        Environmental Protection Agency,
                                                                                                                                                                  Using Rotogravure or Flexographic
                                                                                                            Region 4, 61 Forsyth Street SW.,
                                                    AGENCY:  Environmental Protection                                                                             Printing
                                                                                                            Atlanta, Georgia 30303–8960. Mr. Huey
                                                    Agency (EPA).                                           can be reached by telephone at (404)                     Jefferson County Air Quality
                                                    ACTION: Proposed rule.                                  562–9104 or via electronic mail at                    Regulation 6.29 applies to each printing
                                                                                                            huey.joel@epa.gov. Mr. Febres can be                  line for packaging rotogravure,
                                                    SUMMARY:    The Environmental Protection
                                                                                                            reached by telephone at (404) 562–8966                publication rotogravure, specialty
                                                    Agency (EPA) is proposing to approve
                                                                                                            or via electronic mail at febres-                     rotogravure, and/or flexographic
                                                    revisions to the Kentucky State
                                                                                                            martinez.andres@epa.gov.                              printing that commenced operation
                                                    Implementation Plan (SIP), submitted
                                                                                                            SUPPLEMENTARY INFORMATION:                            before February 4, 1981. Kentucky’s
                                                    by the Commonwealth of Kentucky,
                                                                                                                                                                  March 21, 2011, revision adds a new
                                                    through the Kentucky Division for Air                   I. What action is EPA proposing?                      Section 3.2, which specifies that
                                                    Quality (KDAQ), on March 21, 2011,
                                                                                                               EPA is proposing to approve changes                compliance with the VOC limits shall be
                                                    October 29, 2013, October 28, 2016, and
                                                                                                            to the Jefferson County portion of the                based upon materials used during a
                                                    March 24, 2017. The proposed revisions
                                                                                                            Kentucky SIP that were received by EPA                calendar-day averaging period, but that
                                                    were submitted by KDAQ on behalf of
                                                                                                            on March 21, 2011. Approval of                        the ‘‘District may specifically authorize
                                                    the Louisville Metro Air Pollution
                                                                                                            Kentucky’s March 21, 2011, submission                 compliance to be based upon a longer
                                                    Control District (District), which has
                                                                                                            would: (1) Make several changes to                    averaging period that shall not exceed
                                                    jurisdiction over Jefferson County,
                                                                                                            Regulation 6.29, Standard of                          one calendar month.’’ Although the
                                                    Kentucky. The revisions include
                                                                                                            Performance for Graphic Arts Facilities               existing SIP-approved rule does not
                                                    changes to Jefferson County Regulations
                                                                                                            Using Rotogravure or Flexographic                     specify the averaging time for
                                                    regarding Reasonably Available Control
                                                                                                            Printing; (2) remove Regulation 7.57,                 compliance determination, EPA
                                                    Technology (RACT) for two major
                                                                                                            Standard of Performance for New                       understands it to be 24 hours (based
                                                    sources of nitrogen oxides (NOX) and
                                                                                                            Graphic Arts Facilities Using                         upon the daily recordkeeping
                                                    the removal of a volatile organic
                                                                                                            Rotogravure or Flexographic Printing;                 requirement of Section 7.1). EPA
                                                    compounds (VOC) bubble rule.
                                                                                                            (3) incorporate Amendment 4 to the                    believes that the proposed averaging
                                                    DATES: Comments must be received on                                                                           times for compliance determination for
                                                                                                            Louisville Medical Steam Plant NOX
                                                    or before September 11, 2017.                                                                                 up to one month would not result in any
                                                                                                            RACT Board Order into the Jefferson
                                                    ADDRESSES: Submit your comments,                                                                              change in pollutant emissions because
                                                                                                            County portion of the Kentucky SIP; (4)
                                                    identified by Docket ID No. EPA–R04–                    incorporate Amendment 3 to the Texas                  such allowances would be authorized
                                                    OAR–2017–0356 at http://                                Gas Transmission NOX RACT Board                       only for facilities that generally use
                                                    www.regulations.gov. Follow the online                  Order into the Jefferson County portion               materials having little variation in VOC
                                                    instructions for submitting comments.                   of the Kentucky SIP; and (5) remove a                 content. In addition, EPA notes that the
                                                    Once submitted, comments cannot be                      VOC bubble rule for the General Electric              approach of compliance determination
                                                    edited or removed from regulations.gov.                                                                       based on averaging periods of up to one
                                                                                                            plant in Louisville, Kentucky. This
                                                    EPA may publish any comment received                                                                          month is consistent with EPA’s federal
                                                                                                            action also proposes to approve three
                                                    to its public docket. Do not submit                                                                           rules regulating this industry, including
                                                                                                            SIP revisions received by EPA on
                                                    electronically any information you                                                                            the New Source Performance Standards
                                                                                                            October 29, 2013, October 28, 2016, and
                                                    consider to be Confidential Business                                                                          (NSPS) for the Graphic Arts Industry
                                                                                                            March 24, 2017, which modify the
                                                    Information (CBI) or other information                                                                        (Publication Rotogravure Printing) at 40
                                                                                                            March 21, 2011, submittal as discussed
                                                    whose disclosure is restricted by statute.                                                                    CFR part 60, subpart QQ, and the
                                                                                                            below.
                                                    Multimedia submissions (audio, video,                                                                         National Emission Standards for
                                                    etc.) must be accompanied by a written                  II. What is the background and EPA’s                  Hazardous Air Pollutants (NESHAPs)
                                                    comment. The written comment is                         analysis for the proposed actions?                    for the Printing and Publishing Industry
                                                    considered the official comment and                        On March 21, 2011, the Louisville                  at 40 CFR part 63, subpart KK. See, e.g.,
                                                    should include discussion of all points                 Metro Air Pollution Control District,1                40 CFR 60.434(a)(1) and 40 CFR
                                                    you wish to make. EPA will generally                    through KDAQ, submitted a SIP revision                63.825(b)(2).
                                                    not consider comments or comment                        with five separate parts. The following                  The March 21, 2011, revision also
                                                    contents located outside of the primary                 paragraphs discuss the background and                 amends Regulation 6.29 to allow
                                                    submission (i.e., on the Web, cloud, or                                                                       material usage recordkeeping
                                                    other file sharing system). For                            1 In 2003, the City of Louisville and Jefferson    requirements to reflect the approved
                                                    additional submission methods, the full                 County governments merged and the ‘‘Jefferson         averaging period rather than the daily
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                                                    EPA public comment policy,                              County Air Pollution Control District’’ was renamed   recordkeeping requirement of the
                                                    information about CBI or multimedia                     the ‘‘Louisville Metro Air Pollution Control
                                                                                                            District.’’ However, each of the regulations in the
                                                                                                                                                                  existing SIP-approved rule. The inks
                                                    submissions, and general guidance on                    Jefferson County portion of the Kentucky SIP still    and coatings used during a longer time
                                                    making effective comments, please visit                 has the subheading ‘‘Air Pollution Control District   period would be prorated to the
                                                    http://www2.epa.gov/dockets/                            of Jefferson County.’’ Thus, to be consistent with    appropriate compliance period based
                                                    commenting-epa-dockets.                                 the terminology used in the SIP, we refer
                                                                                                            throughout this notice to regulations contained in
                                                                                                                                                                  upon a measured parameter, such as
                                                    FOR FURTHER INFORMATION CONTACT: Joel                   the Jefferson County portion of the Kentucky SIP as   linear feet of substrate printed. In
                                                    Huey, Air Planning and Implementation                   the ‘‘Jefferson County’’ regulations.                 addition, while the current SIP-


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                                                    37376                 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules

                                                    approved rule requires the owner or                     noted above, Regulation 6.29 has been                 changed the fuel for Boiler #1 from coal
                                                    operator to keep records of materials                   revised such that it applies to all                   to natural gas, removed the 10 percent
                                                    used for the most recent two-year                       rotogravure and flexographic printing                 ‘‘seasonal capacity factor’’ and added a
                                                    period, the revised rule would require                  lines, regardless of their date of                    0.10 pound per million British thermal
                                                    that records be maintained for the most                 operational commencement. EPA has                     unit (lb/MMBtu) heat input limit for
                                                    recent five-year period (revised Section                reviewed the revised Regulation 6.29                  that boiler. On August 21, 2013, the
                                                    6.1).                                                   and has preliminarily determined that it              Louisville Metro Air Pollution Control
                                                       Regulation 6.29 has also been revised                regulates the sources with the same                   Board (LMAPC Board; formerly, the
                                                    such that it applies to all rotogravure                 stringency as Regulation 7.57.                        APC–JC Board) adopted Amendment 3
                                                    and flexographic printing lines                         Therefore, because Regulation 6.29 as                 to the Medical Center Board Order.
                                                    operating within the District. Section 1                revised will apply to all subject printing            Amendment 3 removed the 10 percent
                                                    (Applicability) of the current SIP-                     lines within the District’s jurisdiction,             seasonal capacity factor for Boiler #3
                                                    approved rule provides that the                         Regulation 7.57 would be duplicative                  (since the coal stoker was removed and
                                                    regulation applies to each affected                     and unnecessary. EPA proposes to                      replaced with a low NOX burner) and
                                                    facility that commenced operation                       approve the removal of Regulation 7.57                added a 0.20 lb/MMBtu heat input limit
                                                    before February 4, 1981. ‘‘Affected                     from the SIP.                                         for that boiler.
                                                    facility’’ is defined in the current SIP-               (3) Louisville Medical Center Steam                      On January 18, 2017, the LMAPC
                                                    approved rule as ‘‘a printing line for                  Plant—NOX RACT Board Order                            Board adopted Amendment 4 to the
                                                    packaging rotogravure, publication                                                                            Medical Center Board Order.
                                                    rotogravure, specialty rotogravure, or                     Jefferson County Air Quality
                                                                                                                                                                  Amendment 4 replaces the emission
                                                    flexographic printing.’’ Under the                      Regulation 6.42 (Reasonably Available
                                                                                                                                                                  rate limits for Boiler #1 and Boiler #3
                                                    revised rule, the Applicability section is              Control Technology Requirements for
                                                                                                                                                                  (0.10 and 0.20 lb/MMBtu, respectively)
                                                    moved to Section 2 and provides that                    Major Volatile Organic Compound- and
                                                                                                                                                                  with new limits on total NOX emissions
                                                    the rule applies to each printing line for              Nitrogen Oxides-Emitting Facilities)
                                                                                                                                                                  (a 32.8 tons annual NOX limit and a 4.0
                                                    packaging rotogravure, publication                      requires the establishment and
                                                                                                                                                                  tons ozone season NOX limit for both
                                                    rotogravure, specialty rotogravure, or                  implementation of RACT for certain
                                                                                                                                                                  boilers). As shown in the District’s
                                                    flexographic printing (regardless of                    affected facilities that are located at a
                                                                                                                                                                  supporting documentation included in
                                                    commencement date 2) and that new or                    major stationary source for NOX. Section
                                                                                                                                                                  the submittal, the new ozone season
                                                    modified affected facilities shall comply               4.4 of Regulation 6.42 requires that each
                                                                                                            determination of RACT approved by the                 NOX limit of 4.0 tons is more
                                                    with all standards of the rule upon                                                                           conservative than the potential to emit
                                                                                                            District be submitted to EPA as a site-
                                                    commencing operation.                                                                                         of 4.04 tons during ozone season (based
                                                                                                            specific revision of the Kentucky SIP.
                                                       Another change to Regulation 6.29 is                                                                       on the previous 10 percent seasonal
                                                                                                            The Louisville Medical Center Steam
                                                    that Section 5, ‘‘Exemption,’’ has been                                                                       capacity factor), and the new annual
                                                                                                            Plant (Medical Center) operates six
                                                    deleted, and the ink and coating VOC                                                                          NOX limit of 32.8 tons is the same as the
                                                                                                            boilers that provide heat to buildings
                                                    content specifications of that section                                                                        potential to emit of 32.8 tons per year
                                                                                                            associated with the downtown hospital
                                                    have been relocated to Section 3,                                                                             (based on the previous 10 percent
                                                                                                            medical complex and is subject to a title
                                                    Standard for Volatile Organic                                                                                 seasonal capacity factor). Thus, the
                                                                                                            V operating permit issued by the
                                                    Compounds, such that they are                                                                                 Medical Center Board Order changes
                                                                                                            District. The initial Medical Center NOX
                                                    recognized as material usage limits                     RACT Board Order was approved by the                  between Amendment 1 (the version
                                                    rather than exemptions to compliance                    Air Pollution Control Board of Jefferson              currently approved in the SIP) and
                                                    requirements. Finally, several non-                     County (APC Board-JC) on November 8,                  Amendment 4 for Boilers #1 and #3
                                                    substantive language changes have been                  1999, and submitted to EPA by KDAQ                    result in a potential emissions reduction
                                                    made to Regulation 6.29 for consistency                 on November 12, 1999, as a site-specific              of 0.04 tons of NOX per boiler during the
                                                    with other current Jefferson County                     revision of the Kentucky SIP.                         ozone season. Other changes included
                                                    regulations. EPA has evaluated these                    Amendment 1 to the Medical Center                     in Amendment 4 are clarification of the
                                                    requested changes believes they will not                Board Order, issued on February 21,                   averaging period for the NOX emission
                                                    interfere with the Louisville Area’s                    2001, was submitted to EPA and                        limits as a 30-day rolling average; the
                                                    ability to attain and maintain the                      approved into the SIP on October 23,                  addition of annual performance testing
                                                    national ambient air quality standards                  2001. See 66 FR 53685.                                and record of non-routine boiler
                                                    (NAAQS). Therefore, EPA proposes to                        The March 21, 2011, submittal                      maintenance activities for Boilers #1
                                                    approve these changes to Regulation                     includes the District’s second                        and #3; elimination of an obsolete
                                                    6.29.                                                   amendment to the Medical Center Board                 requirement for the Medical Center to
                                                    (2) Regulation 7.57, Standard of                        Order and requests withdrawal of                      submit a report of daily activities and
                                                    Performance for New Graphic Arts                        Amendment 1. However, on October 29,                  procedures by April 1, 2001; and
                                                    Facilities Using Rotogravure or                         2013, the District submitted a third                  elimination of obsolete requirements
                                                    Flexographic Printing                                   amendment to the Medical Center Board                 related to compliance and
                                                                                                            Order and requested withdrawal of the                 recordkeeping on seasonal capacity
                                                       Regulation 7.57 applies to the same                  second one, and on April 4, 2017, the                 factors, which originally applied only to
                                                    type of printing lines as Regulation 6.29,              District submitted a fourth amendment                 Boilers #1 and #3 but no longer apply.
                                                    but it applies to ‘‘new’’ units, defined as             to the Medical Center Board Order and                    EPA preliminarily agrees with the
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                                                    those that commenced operation on or                    requested withdrawal of the third one.                District that the Amendment 4 to
                                                    after February 4, 1981. Kentucky’s                      No federal approval action has been                   Medical Center Board Order achieves at
                                                    March 21, 2011, submittal proposes to                   taken on the second or third                          least the same level of NOX emission
                                                    remove Regulation 7.57 from the SIP. As                 amendments to the Medical Center                      reductions as the previously approved
                                                      2 New printing lines of these types are currently
                                                                                                            Board Order.                                          Amendment 1. Therefore, EPA proposes
                                                    regulated pursuant to Regulation 7.57, the proposed
                                                                                                               On March 19, 2008, the APC–JC Board                to approve the April 4, 2017, revision as
                                                    removal of which is discussed in Section II.(2)         adopted Amendment 2 to the Medical                    Amendment 4 to the Medical Center
                                                    below.                                                  Center Board Order. Amendment 2                       Board Order.


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                                                                          Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules                                          37377

                                                    (4) Texas Gas Transmission—NOX                          testing period for each engine, although              removal of the ‘‘Bubble action at
                                                    RACT Board Order                                        these engines are required to be tested               General Electric in Louisville’’ from the
                                                      As discussed above, Jefferson County                  every three years under the approved                  Kentucky SIP.
                                                    Air Quality Regulation 6.42 requires the                Amendment 1. EPA believes the
                                                                                                                                                                  III. Incorporation by Reference
                                                    establishment and implementation of                     reduced testing frequency for
                                                                                                            Compressor Engines E7–E9 is                              In this rule, EPA is proposing
                                                    RACT for certain affected facilities that                                                                     regulatory text that includes
                                                    are located at a major stationary source                appropriate because these units are of
                                                                                                            the same type as Compressor Engines                   incorporation by reference. In
                                                    for NOX. The initial Texas Gas                                                                                accordance with requirements of 1 CFR
                                                    Transmission (Texas Gas) NOX RACT                       E1–E6, which have a six-year testing
                                                                                                            requirement, and the revised schedule                 51.5, EPA is proposing the
                                                    Board Order was approved by the APC–                                                                          incorporation by reference of Jefferson
                                                                                                            requires performance testing of all nine
                                                    JC Board on November 8, 1999, and                                                                             County’s Regulation 6.29, Standard of
                                                                                                            of the facility’s compressor engines
                                                    submitted to EPA by KDAQ on                                                                                   Performance for Graphic Arts Facilities
                                                                                                            within each 6-year period. For Turbine
                                                    November 12, 1999, as a site-specific                                                                         Using Rotogravure or Flexographic
                                                                                                            E22, the performance testing schedule is
                                                    revision of the Kentucky SIP.                                                                                 Printing, effective August 21, 2013;
                                                                                                            reduced from every two years to every
                                                    Amendment 1 to the Texas Gas Board                                                                            ‘‘Board Order Texas Gas Transmission’’
                                                                                                            six years. EPA believes this reduced
                                                    Order, issued on December 20, 2000,                                                                           NOX RACT Plan, effective May 18, 2016;
                                                                                                            testing frequency is appropriate because
                                                    was submitted to EPA and approved                                                                             and ‘‘Board Order Louisville Medical
                                                                                                            new condition 7 of Amendment 3
                                                    into the SIP on October 23, 2001. See 66                                                                      Center Steam Plant’’ NOX RACT Plan,
                                                                                                            requires the owner or operator to
                                                    FR 53685.                                               continuously monitor and record                       effective January 18, 2017. EPA has
                                                      The March 21, 2011, submittal                                                                               made, and will continue to make, these
                                                                                                            appropriate parameters to demonstrate
                                                    includes the District’s second                                                                                materials generally available through
                                                                                                            that the unit is operating in low-NOX
                                                    amendment to the Texas Gas Board                                                                              www.regulations.gov and/or at the EPA
                                                                                                            mode, as required under 40 CFR
                                                    Order and requests withdrawal of                                                                              Region 4 Office (please contact the
                                                                                                            60.334(f)(2), thus minimizing NOX
                                                    Amendment 1. However, on October 28,                    emissions. Further, if any of these units,            person identified in the ‘‘For Further
                                                    2016, the District submitted a third                    E1–E9 and E22, fails to demonstrate                   Information Contact’’ section of this
                                                    amendment to the Texas Gas Board                        compliance with standards at any time,                preamble for more information).
                                                    Order and requested withdrawal of                       a new provision under condition 15 of
                                                    second one. No federal approval action                                                                        IV. Proposed Actions
                                                                                                            Amendment 3 requires that the unit be
                                                    has been taken on the second                            taken out of service until maintenance                  EPA is proposing to approve changes
                                                    amendment to the Texas Gas Board                        has been performed and the unit has                   to the Jefferson County Air Quality
                                                    Order.                                                  been re-tested and has demonstrated                   Regulations portion of the Kentucky
                                                      On June 17, 2009, the APC–JC Board                    compliance. In addition, the LMAPC                    SIP. The requested revisions were
                                                    adopted Amendment 2 to the Texas Gas                    Board notes that units E1–E9 and E22                  provided by KDAQ to EPA on March 21,
                                                    Board Order. Amendment 2 removed                        have shown historical emission levels                 2011, October 29, 2013, October 28,
                                                    the compressor turbine T–1 emission                     are significantly less than the regulatory            2016, and March 24, 2017. The changes
                                                    requirements due to the removal of the                  limits.                                               proposed for approval would: (1)
                                                    unit from the facility in 2005, added                     EPA preliminarily agrees with the                   Modify Regulation 6.29, (2) remove
                                                    emission requirements for new                           District that Amendment 3 to the Texas                Regulation 7.57, (3) incorporate
                                                    compressor turbine E–22, and added a                    Gas Board Order achieves the same level               Amendment 4 to the NOX RACT Board
                                                    requirement that combustion                             of NOX emission reductions as the                     Order for the Louisville Medical Center
                                                    performance modifications performed                     previously approved Amendment 1.                      Steam Plant into the Jefferson County
                                                    on the nine reciprocating internal                      Therefore, EPA proposes to approve the                portion of the Kentucky SIP, (4)
                                                    combustion engine compressors remain                    October 28, 2016, revision as                         incorporate Amendment 3 to NOX
                                                    in place to ensure NOX emission limits                  Amendment 3 to the Texas Gas Board                    RACT Board Order for the Texas Gas
                                                    are achieved.                                           Order.                                                Transmission facility into the Kentucky
                                                      On May 18, 2016, the LMAPC Board                                                                            SIP, and (5) remove the VOC bubble rule
                                                    adopted Amendment 3 to the Texas Gas                    (5) General Electric—Remove the Bubble                for the General Electric plant in
                                                    Board Order. Amendment 3 introduces                     Action Approved on January 12, 1982                   Louisville, Kentucky. EPA believes
                                                    the emission limits and work practice                      In 1982, EPA approved a revision to                these changes are consistent with the
                                                    standards for engine E28 to bring it up                 the Kentucky SIP that allowed an                      requirements of the CAA.
                                                    to date with EPA’s NESHAP for                           alternative emission reduction plan in
                                                    Stationary Reciprocating Internal                       the form of a ‘‘bubble rule’’ for the                 V. Statutory and Executive Order
                                                    Combustion Engines (40 CFR 63,                          General Electric plant in Louisville,                 Reviews
                                                    subpart ZZZZ) as revised in 2013 (see                   Kentucky. See 47 FR 1291 (January 12,                   Under the CAA, the Administrator is
                                                    78 FR 6674); modifies the emission                      1982). The sources affected by that SIP               required to approve a SIP submission
                                                    testing schedule for Compressor Engines                 revision were the Koch Plastisol Prime                that complies with the provisions of the
                                                    El–E9 and Turbine E22; and more                         System and the Koch Wire Rack Prime                   Act and applicable federal regulations.
                                                    clearly specifies the emission limits and               System. The revision allowed the plant                See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                    testing, recordkeeping, and reporting                   to achieve compliance with Kentucky                   Thus, in reviewing SIP submissions,
                                                    requirements for each of the covered                    and Jefferson County VOC regulations                  EPA’s role is to approve state choices,
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                                                    sources.                                                for existing large appliance surface                  provided that they meet the criteria of
                                                      Regarding the performance testing                     coating operations. Kentucky’s March                  the CAA. Accordingly, this proposed
                                                    schedule for Compressor Engines El–E6,                  21, 2011, submittal requests removal of               action merely proposes to approve state
                                                    Amendment 3 requires the same 6-year                    this bubble rule for the General Electric             law as meeting federal requirements and
                                                    testing period for each engine as the                   plant because the subject equipment has               does not impose additional
                                                    approved Amendment 1. For                               been disabled and the associated                      requirements beyond those imposed by
                                                    Compressor Engines E7–E9,                               permits have been voided for the                      state law. For that reason, this proposed
                                                    Amendment 3 also requires a 6-year                      facility. EPA proposes to approve the                 action:


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                                                    37378                 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules

                                                       • Is not a significant regulatory action               Dated: July 28, 2017.                               comment. The written comment is
                                                    subject to review by the Office of                      V. Anne Heard,                                        considered the official comment and
                                                    Management and Budget under                             Acting Regional Administrator, Region 4.              should include discussion of all points
                                                    Executive Orders 12866 (58 FR 51735,                    [FR Doc. 2017–16818 Filed 8–9–17; 8:45 am]            you wish to make. EPA will generally
                                                    October 4, 1993) and 13563 (76 FR 3821,                 BILLING CODE 6560–50–P
                                                                                                                                                                  not consider comments or comment
                                                    January 21, 2011);                                                                                            contents located outside of the primary
                                                       • does not impose an information                                                                           submission (i.e. on the Web, cloud, or
                                                    collection burden under the provisions                  ENVIRONMENTAL PROTECTION                              other file sharing system). For
                                                    of the Paperwork Reduction Act (44                      AGENCY                                                additional submission methods, the full
                                                    U.S.C. 3501 et seq.);                                                                                         EPA public comment policy,
                                                                                                            40 CFR Part 52                                        information about CBI or multimedia
                                                       • is certified as not having a                                                                             submissions, and general guidance on
                                                    significant economic impact on a                        [EPA–R04–OAR–2014–0507; FRL–9965–82-
                                                                                                            Region 4]                                             making effective comments, please visit
                                                    substantial number of small entities                                                                          http://www2.epa.gov/dockets/
                                                    under the Regulatory Flexibility Act (5                                                                       commenting-epa-dockets.
                                                                                                            Air Plan Approval; Florida:
                                                    U.S.C. 601 et seq.);
                                                                                                            Infrastructure Requirements for the                   FOR FURTHER INFORMATION CONTACT:
                                                       • does not contain any unfunded                      2010 NO2 NAAQS                                        Andres Febres of the Air Regulatory
                                                    mandate or significantly or uniquely                                                                          Management Section, Air Planning and
                                                    affect small governments, as described                  AGENCY:  Environmental Protection
                                                                                                            Agency.                                               Implementation Branch, Air, Pesticides
                                                    in the Unfunded Mandates Reform Act                                                                           and Toxics Management Division, U.S.
                                                    of 1995 (Public Law 104–4);                             ACTION: Proposed rule.
                                                                                                                                                                  Environmental Protection Agency,
                                                       • does not have Federalism                           SUMMARY:   The Environmental Protection               Region 4, 61 Forsyth Street SW.,
                                                    implications as specified in Executive                  Agency (EPA) is approving a portion of                Atlanta, Georgia 30303–8960. Mr.
                                                    Order 13132 (64 FR 43255, August 10,                    the State Implementation Plan (SIP)                   Febres can be reached via telephone at
                                                    1999);                                                  submission, submitted by the State of                 (404) 562–8966 or via electronic mail at
                                                       • is not an economically significant                 Florida, through the Florida Department               febres-martinez.andres@epa.gov.
                                                    regulatory action based on health or                    of Environmental Protection, on January               SUPPLEMENTARY INFORMATION: In the
                                                    safety risks subject to Executive Order                 22, 2013, addressing the Clean Air Act                Final Rules section of this issue of the
                                                    13045 (62 FR 19885, April 23, 1997);                    (CAA or Act) infrastructure                           Federal Register, EPA is approving this
                                                       • is not a significant regulatory action             requirements for the 2010 1-hour                      portion of Florida’s January 22, 2013,
                                                    subject to Executive Order 13211 (66 FR                 nitrogen dioxide (NO2) national ambient               SIP revision addressing the section
                                                    28355, May 22, 2001);                                   air quality standard (NAAQS). The CAA                 110(a)(2)(B) SIP requirements for the
                                                                                                            requires that each state adopt and                    2010 1-hour NO2 NAAQS. A detailed
                                                       • is not subject to requirements of                  submit a SIP for the implementation,                  rationale for the approval is set forth in
                                                    Section 12(d) of the National                           maintenance and enforcement of each                   the direct final rule and incorporated
                                                    Technology Transfer and Advancement                     NAAQS promulgated by EPA, which is                    herein by reference. If no adverse
                                                    Act of 1995 (15 U.S.C. 272 note) because                commonly referred to as an                            comments are received in response to
                                                    application of those requirements would                 ‘‘infrastructure SIP submission.’’                    this rule, no further activity is
                                                    be inconsistent with the CAA; and                       Specifically, EPA is approving the                    contemplated. If EPA receives adverse
                                                       • does not provide EPA with the                      portion of Florida’s January 22, 2013,                comments, the direct final rule will be
                                                    discretionary authority to address, as                  SIP submission addressing element B of                withdrawn and all adverse comments
                                                    appropriate, disproportionate human                     the infrastructure requirements, which                received will be addressed in a
                                                    health or environmental effects, using                  relates to monitoring requirements. EPA               subsequent final rule based on this
                                                    practicable and legally permissible                     is proposing that Florida’s infrastructure            proposed rule. EPA will not institute a
                                                    methods, under Executive Order 12898                    SIP submission, provided to EPA on                    second comment period on this
                                                    (59 FR 7629, February 16, 1994).                        January 22, 2013, satisfies the                       document. Any parties interested in
                                                       The SIP is not approved to apply on                  infrastructure requirements related to                commenting on this document should
                                                    any Indian reservation land or in any                   monitoring for the 2010 1-hour NO2                    do so at this time.
                                                    other area where EPA or an Indian tribe                 NAAQS.                                                  Dated: July 26, 2017.
                                                    has demonstrated that a tribe has                       DATES: Written comments must be                       V. Anne Heard,
                                                    jurisdiction. In those areas of Indian                  received on or before September 11,                   Acting Regional Administrator, Region 4.
                                                    country, the rule does not have tribal                  2017.                                                 [FR Doc. 2017–16808 Filed 8–9–17; 8:45 am]
                                                    implications as specified by Executive
                                                                                                            ADDRESSES:   Submit your comments,                    BILLING CODE 6560–50–P
                                                    Order 13175 (65 FR 67249, November 9,
                                                                                                            identified by Docket ID No. EPA–R04–
                                                    2000), nor will it impose substantial
                                                                                                            OAR–2017–0507 at http://
                                                    direct costs on tribal governments or                                                                         ENVIRONMENTAL PROTECTION
                                                                                                            www.regulations.gov. Follow the online
                                                    preempt tribal law.                                                                                           AGENCY
                                                                                                            instructions for submitting comments.
                                                    List of Subjects in 40 CFR Part 52                      Once submitted, comments cannot be
                                                                                                                                                                  40 CFR Part 52
                                                                                                            edited or removed from Regulations.gov.
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                                                      Environmental protection, Air                         EPA may publish any comment received
                                                    pollution control, Incorporation by                     to its public docket. Do not submit                   [EPA–R04–OAR–2016–0547; FRL–9965–84–
                                                    reference, Intergovernmental relations,                 electronically any information you                    Region 4]
                                                    Nitrogen dioxide, Particulate matter,                   consider to be Confidential Business
                                                    Reporting and recordkeeping                                                                                   Air Plan Approval; SC: Revisions to
                                                                                                            Information (CBI) or other information                New Source Review Rules
                                                    requirements, Sulfur oxides, Volatile                   whose disclosure is restricted by statute.
                                                    organic compounds.                                      Multimedia submissions (audio, video,                 AGENCY: Environmental Protection
                                                       Authority: 42 U.S.C. 7401 et seq.                    etc.) must be accompanied by a written                Agency (EPA).


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Document Created: 2017-08-10 01:01:25
Document Modified: 2017-08-10 01:01:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before September 11, 2017.
ContactJoel Huey, 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 or Andres Febres, 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. Huey can be reached by telephone at (404) 562-9104 or via electronic mail at [email protected] Mr. Febres can be reached by telephone at (404) 562- 8966 or via electronic mail at [email protected]
FR Citation82 FR 37375 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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