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)

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, 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