82_FR_40866 82 FR 40701 - Air Plan Approval; Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting

82 FR 40701 - Air Plan Approval; Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 165 (August 28, 2017)

Page Range40701-40703
FR Document2017-18087

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

Federal Register, Volume 82 Issue 165 (Monday, August 28, 2017)
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40701-40703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18087]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0004; FRL-9966-94-Region 4]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

DATES:  This rule will be effective September 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0004. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong 
can be reached by phone at (404) 562-8726 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In this rulemaking, EPA is approving certain changes related to the 
District's stationary source emissions monitoring and reporting 
requirements in Regulation 1.06 \1\ in the March 22, 2011, and April 
20, 2011, SIP revisions. This regulation provides the District with the 
authority to require emissions monitoring at stationary sources and 
requires certain sources to maintain emissions records and provide 
annual emissions statements to the District. It does not impose any 
emissions limits or control requirements on any emissions source. The 
March 22, 2011, submission also included changes to Jefferson County 
Regulation 1.02--Definitions; Regulation 3.01--Ambient Air Quality 
Standards; Regulation 3.02--Applicability of Ambient Air Quality 
Standards; Regulation 3.03--Definitions; Regulation 3.04--Ambient Air 
Quality Standards; and Regulation 3.05--Methods of Measurement. EPA 
approved these changes, with the exception of the requested addition of 
certain definitions in Regulation 1.02, on December 6, 2016 (81 FR 
87815).\2\ The March 22, 2011, submission also included changes to 
Regulation 1.07--Emissions During Startups, Shutdowns, Malfunctions and 
Emergencies. EPA approved the changes to Regulation 1.07 on June 10, 
2014 (79 FR 33101). The April 20, 2011, submission revises only 
Regulation 1.06.
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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, EPA refers throughout this notice 
to regulations contained in Jefferson County portion of the Kentucky 
SIP as the ``Jefferson County'' regulations.
    \2\ EPA did not approve the addition of definitions for the 
terms ``acute noncancer effect,'' ``cancer,'' ``carcinogen,'' and 
``chronic noncancer effect,'' because these definitions are not 
related to the National Ambient Air Quality Standards (NAAQS). See 
81 FR 87815.
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II. EPA's Analysis of Kentucky's SIP Revisions

A. March 22, 2011, Submittal

    The March 22, 2011, SIP submission contains a version of Regulation 
1.06 adopted by the District on June 21, 2005 (referred to as ``Version 
7'' by the District) and a version of Regulation 1.06 adopted by the 
District on September 21, 2005 (referred to as ``Version 8''). The 
version currently incorporated into the SIP is referred to as ``Version 
6'' (District effective on December 15, 1993). See 65 FR 53660 (October 
23, 2001). Collectively, Versions 7 and 8 change the heading of 
Regulation 1.06 to ``Stationary Source Self-Monitoring, Emissions 
Inventory Development, and Reporting,'' and change aspects of Section 
1--``In Stack Self-Monitoring and Reporting'' (including a change in 
the title to ``In-Stack Self-Monitoring and Reporting); Section 2--
``Ambient Air Monitoring''; and Section 3--``Emissions and Related Data 
Reporting'' (including a change in the title to ``Provisions for 
Section 4 and Section 5 Emissions Data''). The submission adds four new 
sections: Section 4--``Emissions Data for Criteria Pollutants, HAPs, 
and Ammonia''; Section 5--``Enhanced Emissions Data for Toxic Air 
Contaminants''; Section 6--``Certification by a Responsible Official''; 
and Section 7--``Confidentiality and Open Records Requirements.'' The 
changes to the heading of Regulation 1.06, the changes to Sections 1 
and 2, and the addition of Sections 6 and 7 are administrative in 
nature. The changes to Section 3 modify and add provisions regarding 
emissions reporting data requirements, methods of emissions 
calculations, and stationary source emissions statements, and remove 
outdated reporting dates; the addition of Section 4 details 
requirements for submitting emissions statements on an annual basis for 
particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide, 
lead, ozone precursor emissions of volatile organic compounds and 
oxides of nitrogen, ammonia, and hazardous air pollutants; and Section 
5 contains requirements for enhanced emissions statements for listed 
``toxic air contaminants.'' Because the reporting of toxic air 
contaminants is not related to the National Ambient Air Quality 
Standards (NAAQS) for the criteria pollutants, EPA is not acting on 
Section

[[Page 40702]]

5.\3\ EPA is approving the changes to Regulation 1.06 contained in the 
March 22, 2011, SIP revision, with the exception of Section 5 and 
references to Section 5 located in Section 3, to the extent that these 
changes are not superseded by the changes in the April 20, 2011, 
submittal discussed below.
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    \3\ The criteria pollutants are particulate matter, sulfur 
dioxide, carbon monoxide, nitrogen dioxide, lead, and ground-level 
ozone.
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B. April 20, 2011, Submittal

    The April 20, 2011, SIP submission contains a version of Regulation 
1.06 adopted by the District on January 19, 2011 (referred to as 
``Version 9'' by the District). After acknowledging that the District 
had sent Versions 7 and 8 to Kentucky for submittal to EPA, the 
District requests that EPA incorporate Version 9 into the SIP and 
identifies changes in Regulation 1.06 between Version 8 and Version 9. 
Version 9 revises Version 8 by changing aspects of Section 1 (including 
a change in the title to ``Stack Monitoring and Reporting''); Section 2 
(including a change in title to ``Ambient Air Monitoring and 
Reporting''); Section 3 (including a change in the title to 
``Requirements for Section 4 and Section 5 Emissions Statements''); 
Section 4 (including a change in the title to ``Emissions Statements 
for Criteria Pollutants, HAPs, and Ammonia''); Section 5 (including a 
change to the title to ``Emissions Statements for Toxic Air 
Contaminants''); and Section 6. Version 9 also eliminates Section 7. 
The submitted changes clarify and streamline the monitoring, 
recordkeeping, and reporting requirements for stationary sources by 
deleting and combining redundant and outdated provisions. The changes 
to Section 4 also modify the emissions threshold for sources to submit 
annual emissions statements to the District. For the reasons discussed 
above, EPA is not acting on Section 5 or on the references to Section 5 
located in Section 3.
    EPA has determined that the changes to Regulation 1.06 in the March 
22, 2011, and April 20, 2011, SIP submissions are consistent with the 
CAA. The text of the regulation in the SIP will reflect Version 9, with 
the exception of Section 5 and any references to Section 5 located in 
Section 3.
    In a notice of proposed rulemaking (NPRM) published on June 29, 
2017 (82 FR 29467), EPA proposed to approve the changes to Regulation 
1.06 in the March 22, 2011, and April 20, 2011, SIP submissions as 
described above. The rationale for EPA's actions are further explained 
in the NPRM. Comments on the proposed rulemaking were due on or before 
July 31, 2017. EPA received no adverse comment on the proposed action.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Jefferson 
County Regulation 1.06--Stationary Source Self-Monitoring, Emissions 
Inventory Development, and Reporting, District effective on January 19, 
2011, with the exception of Section 5 and any references to Section 5 
located in Section 3. EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by EPA for inclusion 
in the SIP, have been incorporated by reference by EPA into that plan, 
are fully federally-enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of EPA's approval, and 
will be incorporated by reference by the Director of the Federal 
Register in the next update to the SIP compilation.\4\
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    \4\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is taking final action to approve Kentucky's March 22, 2011, 
and April 20, 2011, SIP revisions as discussed in Section II, above. 
The text of Jefferson County Regulation 1.06--Stationary Source Self-
Monitoring, Emissions Inventory Development, and Reporting in the SIP 
will reflect the version of the rule effective on January 19, 2011 
(Version 9) with the exception of changes to Section 5 and any 
references to Section 5 located in Section 3.

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 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely 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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other

[[Page 40703]]

required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 27, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. In Sec.  52.920, table 2 in paragraph (c) is amended by revising the 
entry ``1.06'' to read as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
                                                                                District
      Reg            Title/subject      EPA approval     Federal Register       effective        Explanation
                                            date              notice              date
----------------------------------------------------------------------------------------------------------------
                                            Reg 1--General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1.06...........  Stationary Source            8/28/17  [insert Federal            1/19/2011  Revision approved
                  Self-Monitoring,                      Register citation].                   except section 5
                  Emissions Inventory                                                         and any references
                  Development, and                                                            to section 5
                  Reporting.                                                                  located in section
                                                                                              3.
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2017-18087 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations                                            40701

                                                  ■ b. Redesignate the current second (d)                 Atlanta, Georgia 30303–8960. EPA                        Malfunctions and Emergencies. EPA
                                                  paragraph as new paragraph (e); and                     requests that if at all possible, you                   approved the changes to Regulation 1.07
                                                  ■ c. Remove the semicolon at the end of                 contact the person listed in the FOR                    on June 10, 2014 (79 FR 33101). The
                                                  the newly redesignated paragraph (f)                    FURTHER INFORMATION CONTACT section to                  April 20, 2011, submission revises only
                                                  introductory text and add a colon in its                schedule your inspection. The Regional                  Regulation 1.06.
                                                  place.                                                  Office’s official hours of business are
                                                                                                                                                                  II. EPA’s Analysis of Kentucky’s SIP
                                                  [FR Doc. 2017–18037 Filed 8–25–17; 8:45 am]             Monday through Friday 8:30 a.m. to
                                                                                                                                                                  Revisions
                                                  BILLING CODE 8320–01–P
                                                                                                          4:30 p.m., excluding federal holidays.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                        A. March 22, 2011, Submittal
                                                                                                          Richard Wong, Air Regulatory                               The March 22, 2011, SIP submission
                                                  ENVIRONMENTAL PROTECTION                                Management Section, Air Planning and                    contains a version of Regulation 1.06
                                                  AGENCY                                                  Implementation Branch, Pesticides and                   adopted by the District on June 21, 2005
                                                                                                          Toxics Management Division, Region 4,                   (referred to as ‘‘Version 7’’ by the
                                                  40 CFR Part 52                                          U.S. Environmental Protection Agency,                   District) and a version of Regulation
                                                                                                          61 Forsyth Street SW., Atlanta, Georgia                 1.06 adopted by the District on
                                                  [EPA–R04–OAR–2017–0004; FRL–9966–94–                    30303–8960. Mr. Wong can be reached
                                                  Region 4]                                                                                                       September 21, 2005 (referred to as
                                                                                                          by phone at (404) 562–8726 or via                       ‘‘Version 8’’). The version currently
                                                  Air Plan Approval; Kentucky;                            electronic mail at wong.richard@                        incorporated into the SIP is referred to
                                                  Revisions to Jefferson County                           epa.gov.                                                as ‘‘Version 6’’ (District effective on
                                                  Emissions Monitoring and Reporting                      SUPPLEMENTARY INFORMATION:                              December 15, 1993). See 65 FR 53660
                                                                                                                                                                  (October 23, 2001). Collectively,
                                                  AGENCY:  Environmental Protection                       I. Background                                           Versions 7 and 8 change the heading of
                                                  Agency.                                                    In this rulemaking, EPA is approving                 Regulation 1.06 to ‘‘Stationary Source
                                                  ACTION: Final rule.                                     certain changes related to the District’s               Self-Monitoring, Emissions Inventory
                                                                                                          stationary source emissions monitoring                  Development, and Reporting,’’ and
                                                  SUMMARY:   On March 22, 2011, and April                 and reporting requirements in                           change aspects of Section 1—‘‘In Stack
                                                  20, 2011, the Commonwealth of                           Regulation 1.06 1 in the March 22, 2011,                Self-Monitoring and Reporting’’
                                                  Kentucky, through the Kentucky                          and April 20, 2011, SIP revisions. This                 (including a change in the title to ‘‘In-
                                                  Division for Air Quality (KDAQ),                        regulation provides the District with the               Stack Self-Monitoring and Reporting);
                                                  submitted revisions to the Kentucky                     authority to require emissions                          Section 2—‘‘Ambient Air Monitoring’’;
                                                  State Implementation Plan (SIP) on                      monitoring at stationary sources and                    and Section 3—‘‘Emissions and Related
                                                  behalf of the Louisville Metro Air                      requires certain sources to maintain                    Data Reporting’’ (including a change in
                                                  Pollution Control District (District). The              emissions records and provide annual                    the title to ‘‘Provisions for Section 4 and
                                                  Environmental Protection Agency (EPA)                   emissions statements to the District. It                Section 5 Emissions Data’’). The
                                                  is approving the April 20, 2011,                        does not impose any emissions limits or                 submission adds four new sections:
                                                  submittal and the portions of the March                 control requirements on any emissions                   Section 4—‘‘Emissions Data for Criteria
                                                  22, 2011, submittal concerning changes                  source. The March 22, 2011, submission                  Pollutants, HAPs, and Ammonia’’;
                                                  to the District’s stationary source                     also included changes to Jefferson                      Section 5—‘‘Enhanced Emissions Data
                                                  emissions monitoring and reporting                      County Regulation 1.02—Definitions;                     for Toxic Air Contaminants’’; Section
                                                  requirements because the                                Regulation 3.01—Ambient Air Quality                     6—‘‘Certification by a Responsible
                                                  Commonwealth has demonstrated that                      Standards; Regulation 3.02—                             Official’’; and Section 7—
                                                  these changes are consistent with the                   Applicability of Ambient Air Quality                    ‘‘Confidentiality and Open Records
                                                  Clean Air Act (CAA or Act).                             Standards; Regulation 3.03—                             Requirements.’’ The changes to the
                                                  DATES: This rule will be effective                      Definitions; Regulation 3.04—Ambient                    heading of Regulation 1.06, the changes
                                                  September 27, 2017.                                     Air Quality Standards; and Regulation                   to Sections 1 and 2, and the addition of
                                                  ADDRESSES: EPA has established a                        3.05—Methods of Measurement. EPA                        Sections 6 and 7 are administrative in
                                                  docket for this action under Docket                     approved these changes, with the                        nature. The changes to Section 3 modify
                                                  Identification No. EPA–R04–OAR–                         exception of the requested addition of                  and add provisions regarding emissions
                                                  2017–0004. All documents in the docket                  certain definitions in Regulation 1.02,                 reporting data requirements, methods of
                                                  are listed on the www.regulations.gov                   on December 6, 2016 (81 FR 87815).2                     emissions calculations, and stationary
                                                  Web site. Although listed in the index,                 The March 22, 2011, submission also                     source emissions statements, and
                                                  some information may not be publicly                    included changes to Regulation 1.07—                    remove outdated reporting dates; the
                                                  available, i.e., Confidential Business                  Emissions During Startups, Shutdowns,                   addition of Section 4 details
                                                  Information or other information whose                     1 In 2003, the City of Louisville and Jefferson
                                                                                                                                                                  requirements for submitting emissions
                                                  disclosure is restricted by statute.                    County governments merged and the ‘‘Jefferson           statements on an annual basis for
                                                  Certain other material, such as                         County Air Pollution Control District’’ was renamed     particulate matter, sulfur dioxide,
                                                  copyrighted material, is not placed on                  the ‘‘Louisville Metro Air Pollution Control            carbon monoxide, nitrogen dioxide,
                                                                                                          District.’’ However, each of the regulations in the
                                                  the Internet and will be publicly                       Jefferson County portion of the Kentucky SIP still
                                                                                                                                                                  lead, ozone precursor emissions of
                                                  available only in hard copy form.                       has the subheading ‘‘Air Pollution Control District     volatile organic compounds and oxides
                                                  Publicly available docket materials are                 of Jefferson County.’’ Thus, to be consistent with      of nitrogen, ammonia, and hazardous air
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  available either electronically through                 the terminology used in the SIP, EPA refers             pollutants; and Section 5 contains
                                                                                                          throughout this notice to regulations contained in
                                                  www.regulations.gov or in hard copy at                  Jefferson County portion of the Kentucky SIP as the
                                                                                                                                                                  requirements for enhanced emissions
                                                  the Air Regulatory Management Section,                  ‘‘Jefferson County’’ regulations.                       statements for listed ‘‘toxic air
                                                  Air Planning and Implementation                            2 EPA did not approve the addition of definitions    contaminants.’’ Because the reporting of
                                                  Branch, Air, Pesticides and Toxics                      for the terms ‘‘acute noncancer effect,’’ ‘‘cancer,’’   toxic air contaminants is not related to
                                                                                                          ‘‘carcinogen,’’ and ‘‘chronic noncancer effect,’’
                                                  Management Division, U.S.                               because these definitions are not related to the
                                                                                                                                                                  the National Ambient Air Quality
                                                  Environmental Protection Agency,                        National Ambient Air Quality Standards (NAAQS).         Standards (NAAQS) for the criteria
                                                  Region 4, 61 Forsyth Street SW.,                        See 81 FR 87815.                                        pollutants, EPA is not acting on Section


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                                                  40702             Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations

                                                  5.3 EPA is approving the changes to                     explained in the NPRM. Comments on                     those imposed by state law. For that
                                                  Regulation 1.06 contained in the March                  the proposed rulemaking were due on or                 reason, this action:
                                                  22, 2011, SIP revision, with the                        before July 31, 2017. EPA received no                     • Is not a significant regulatory action
                                                  exception of Section 5 and references to                adverse comment on the proposed                        subject to review by the Office of
                                                  Section 5 located in Section 3, to the                  action.                                                Management and Budget under
                                                  extent that these changes are not                                                                              Executive Orders 12866 (58 FR 51735,
                                                                                                          III. Incorporation by Reference
                                                  superseded by the changes in the April                                                                         October 4, 1993) and 13563 (76 FR 3821,
                                                  20, 2011, submittal discussed below.                       In this rule, EPA is finalizing                     January 21, 2011);
                                                                                                          regulatory text that includes                             • Does not impose an information
                                                  B. April 20, 2011, Submittal                            incorporation by reference. In                         collection burden under the provisions
                                                     The April 20, 2011, SIP submission                   accordance with requirements of 1 CFR                  of the Paperwork Reduction Act (44
                                                  contains a version of Regulation 1.06                   51.5, EPA is finalizing the incorporation              U.S.C. 3501 et seq.);
                                                  adopted by the District on January 19,                  by reference of Jefferson County                          • Is certified as not having a
                                                  2011 (referred to as ‘‘Version 9’’ by the               Regulation 1.06—Stationary Source                      significant economic impact on a
                                                  District). After acknowledging that the                 Self-Monitoring, Emissions Inventory                   substantial number of small entities
                                                  District had sent Versions 7 and 8 to                   Development, and Reporting, District                   under the Regulatory Flexibility Act (5
                                                  Kentucky for submittal to EPA, the                      effective on January 19, 2011, with the                U.S.C. 601 et seq.);
                                                  District requests that EPA incorporate                  exception of Section 5 and any                            • Does not contain any unfunded
                                                  Version 9 into the SIP and identifies                   references to Section 5 located in                     mandate or significantly or uniquely
                                                  changes in Regulation 1.06 between                      Section 3. EPA has made, and will                      affect small governments, as described
                                                  Version 8 and Version 9. Version 9                      continue to make, these materials                      in the Unfunded Mandates Reform Act
                                                  revises Version 8 by changing aspects of                generally available through                            of 1995 (Public Law 104–4);
                                                  Section 1 (including a change in the title              www.regulations.gov and/or at the EPA                     • Does not have Federalism
                                                  to ‘‘Stack Monitoring and Reporting’’);                 Region 4 Office (please contact the                    implications as specified in Executive
                                                  Section 2 (including a change in title to               person identified in the FOR FURTHER                   Order 13132 (64 FR 43255, August 10,
                                                  ‘‘Ambient Air Monitoring and                            INFORMATION CONTACT section of this                    1999);
                                                  Reporting’’); Section 3 (including a                    preamble for more information).                           • Is not an economically significant
                                                  change in the title to ‘‘Requirements for                  Therefore, these materials have been                regulatory action based on health or
                                                  Section 4 and Section 5 Emissions                       approved by EPA for inclusion in the                   safety risks subject to Executive Order
                                                  Statements’’); Section 4 (including a                   SIP, have been incorporated by                         13045 (62 FR 19885, April 23, 1997);
                                                  change in the title to ‘‘Emissions                      reference by EPA into that plan, are                      • Is not a significant regulatory action
                                                  Statements for Criteria Pollutants,                     fully federally-enforceable under                      subject to Executive Order 13211 (66 FR
                                                  HAPs, and Ammonia’’); Section 5                         sections 110 and 113 of the CAA as of                  28355, May 22, 2001);
                                                  (including a change to the title to                     the effective date of the final rulemaking                • Is not subject to requirements of
                                                  ‘‘Emissions Statements for Toxic Air                    of EPA’s approval, and will be                         section 12(d) of the National
                                                  Contaminants’’); and Section 6. Version                 incorporated by reference by the                       Technology Transfer and Advancement
                                                  9 also eliminates Section 7. The                        Director of the Federal Register in the                Act of 1995 (15 U.S.C. 272 note) because
                                                  submitted changes clarify and                           next update to the SIP compilation.4                   application of those requirements would
                                                  streamline the monitoring,                                                                                     be inconsistent with the Clean Air Act;
                                                                                                          IV. Final Action                                       and
                                                  recordkeeping, and reporting
                                                                                                            EPA is taking final action to approve                   • Does not provide EPA with the
                                                  requirements for stationary sources by
                                                                                                          Kentucky’s March 22, 2011, and April                   discretionary authority to address, as
                                                  deleting and combining redundant and
                                                                                                          20, 2011, SIP revisions as discussed in                appropriate, disproportionate human
                                                  outdated provisions. The changes to
                                                                                                          Section II, above. The text of Jefferson               health or environmental effects, using
                                                  Section 4 also modify the emissions
                                                                                                          County Regulation 1.06—Stationary                      practicable and legally permissible
                                                  threshold for sources to submit annual
                                                                                                          Source Self-Monitoring, Emissions                      methods, under Executive Order 12898
                                                  emissions statements to the District. For
                                                                                                          Inventory Development, and Reporting                   (59 FR 7629, February 16, 1994).
                                                  the reasons discussed above, EPA is not
                                                                                                          in the SIP will reflect the version of the                The SIP is not approved to apply on
                                                  acting on Section 5 or on the references
                                                                                                          rule effective on January 19, 2011                     any Indian reservation land or in any
                                                  to Section 5 located in Section 3.
                                                                                                          (Version 9) with the exception of                      other area where EPA or an Indian tribe
                                                     EPA has determined that the changes
                                                                                                          changes to Section 5 and any references                has demonstrated that a tribe has
                                                  to Regulation 1.06 in the March 22,
                                                                                                          to Section 5 located in Section 3.                     jurisdiction. In those areas of Indian
                                                  2011, and April 20, 2011, SIP
                                                                                                                                                                 country, the rule does not have tribal
                                                  submissions are consistent with the                     V. Statutory and Executive Order                       implications as specified by Executive
                                                  CAA. The text of the regulation in the                  Reviews                                                Order 13175 (65 FR 67249, November 9,
                                                  SIP will reflect Version 9, with the
                                                                                                            Under the CAA, the Administrator is                  2000), nor will it impose substantial
                                                  exception of Section 5 and any
                                                                                                          required to approve a SIP submission                   direct costs on tribal governments or
                                                  references to Section 5 located in
                                                                                                          that complies with the provisions of the               preempt tribal law.
                                                  Section 3.
                                                                                                          Act and applicable Federal regulations.                   The Congressional Review Act, 5
                                                     In a notice of proposed rulemaking
                                                                                                          See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                U.S.C. 801 et seq., as added by the Small
                                                  (NPRM) published on June 29, 2017 (82
                                                                                                          Thus, in reviewing SIP submissions,                    Business Regulatory Enforcement
                                                  FR 29467), EPA proposed to approve the
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                                                                                                          EPA’s role is to approve state choices,                Fairness Act of 1996, generally provides
                                                  changes to Regulation 1.06 in the March
                                                                                                          provided that they meet the criteria of                that before a rule may take effect, the
                                                  22, 2011, and April 20, 2011, SIP
                                                                                                          the CAA. Accordingly, this action                      agency promulgating the rule must
                                                  submissions as described above. The
                                                                                                          merely approves state law as meeting                   submit a rule report, which includes a
                                                  rationale for EPA’s actions are further
                                                                                                          Federal requirements and does not                      copy of the rule, to each House of the
                                                    3 The criteria pollutants are particulate matter,     impose additional requirements beyond                  Congress and to the Comptroller General
                                                  sulfur dioxide, carbon monoxide, nitrogen dioxide,                                                             of the United States. EPA will submit a
                                                  lead, and ground-level ozone.                             4 62   FR 27968 (May 22, 1997).                      report containing this action and other


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                                                                          Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations                                                       40703

                                                  required information to the U.S. Senate,                         for judicial review may be filed, and                  PART 52—APPROVAL AND
                                                  the U.S. House of Representatives, and                           shall not postpone the effectiveness of                PROMULGATION OF
                                                  the Comptroller General of the United                            such rule or action. This action may not               IMPLEMENTATION PLANS
                                                  States prior to publication of the rule in                       be challenged later in proceedings to
                                                  the Federal Register. A major rule                               enforce its requirements. See section                  ■ 1. The authority citation for part 52
                                                  cannot take effect until 60 days after it                        307(b)(2).                                             continues to read as follows:
                                                  is published in the Federal Register.
                                                  This action is not a ‘‘major rule’’ as                           List of Subjects in 40 CFR Part 52                         Authority: 42.U.S.C. 7401 et seq.
                                                  defined by 5 U.S.C. 804(2).                                        Environmental protection, Air
                                                     Under section 307(b)(1) of the CAA,                           pollution control, Incorporation by                    Subpart S—Kentucky
                                                  petitions for judicial review of this                            reference, Intergovernmental relations,
                                                  action must be filed in the United States                        Lead, Nitrogen dioxide, Sulfur dioxide,                ■  2. In § 52.920, table 2 in paragraph (c)
                                                  Court of Appeals for the appropriate                             Particulate matter, Reporting and                      is amended by revising the entry ‘‘1.06’’
                                                  circuit by October 27, 2017. Filing a                            recordkeeping requirements.                            to read as follows:
                                                  petition for reconsideration by the                                Dated: August 16, 2017.
                                                  Administrator of this final rule does not                                                                               § 52.920     Identification of plan.
                                                                                                                   V. Anne Heard,
                                                  affect the finality of this action for the                                                                              *       *    *        *     *
                                                                                                                   Acting Regional Administrator, Region 4.
                                                  purposes of judicial review nor does it                                                                                     (c) * * *
                                                  extend the time within which a petition                            40 CFR part 52 is amended as follows:

                                                                                      TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
                                                                                                                                                                            District
                                                                                                               EPA approval
                                                      Reg                        Title/subject                                         Federal Register notice             effective                 Explanation
                                                                                                                  date                                                       date

                                                                                                                              Reg 1—General Provisions


                                                                *                     *                              *                       *                  *                           *                     *
                                                  1.06 .....        Stationary Source Self-Moni-                         8/28/17   [insert Federal Register cita-             1/19/2011     Revision approved except sec-
                                                                      toring, Emissions Inventory                                     tion].                                                  tion 5 and any references to
                                                                      Development, and Reporting.                                                                                             section 5 located in section
                                                                                                                                                                                              3.

                                                                *                          *                         *                       *                       *                      *                     *



                                                  *         *        *       *        *                            ADDRESSES:   EPA has established a                     16, 2015, the Commonwealth of Virginia
                                                  [FR Doc. 2017–18087 Filed 8–25–17; 8:45 am]                      docket for this action under Docket ID                 through the Virginia Department of
                                                  BILLING CODE 6560–50–P                                           Number EPA–R03–OAR–2016–0052. All                      Environmental Quality (VADEQ),
                                                                                                                   documents in the docket are listed on                  submitted a formal revision to the
                                                                                                                   the https://www.regulations.gov Web                    Virginia SIP. The SIP revision consists
                                                  ENVIRONMENTAL PROTECTION                                         site. Although listed in the index, some               of amendments to the preconstruction
                                                  AGENCY                                                           information is not publicly available,                 permit requirements under VADEQ’s
                                                                                                                   e.g., confidential business information                major NSR permit program. The
                                                  40 CFR Part 52                                                   (CBI) or other information whose                       revision affects sources subject to
                                                  [EPA–R03–OAR–2016–0052; FRL–9966–78–                             disclosure is restricted by statute.                   VADEQ’s Prevention of Significant
                                                  Region 3]                                                        Certain other material, such as                        Deterioration (PSD) program, which
                                                                                                                   copyrighted material, is not placed on                 applies in areas which are in attainment
                                                  Approval and Promulgation of Air                                 the Internet and will be publicly                      with (or unclassifiable for) the national
                                                  Quality Implementation Plans; Virginia;                          available only in hard copy form.                      ambient air quality standards (NAAQS),
                                                  Major New Source Review                                          Publicly available docket materials are                as well as affecting sources subject to its
                                                  AGENCY:  Environmental Protection                                available through https://                             nonattainment NSR permit program,
                                                  Agency (EPA).                                                    www.regulations.gov or please contact                  applicable in areas not in attainment
                                                  ACTION: Final rule.                                              the person identified in the FOR FURTHER               with the NAAQS. By letter dated March
                                                                                                                   INFORMATION CONTACT section for                        1, 2017, VADEQ officially withdrew a
                                                  SUMMARY:   The Environmental Protection                          additional availability information.                   small and specific portion of the
                                                  Agency (EPA) is approving revisions to                           FOR FURTHER INFORMATION CONTACT:                       October 16, 2015 submittal from
                                                  the Commonwealth of Virginia state                               David Talley, (215) 814–2117, or by                    consideration for approval into the
                                                  implementation plan (SIP). The                                   email at talley.david@epa.gov.                         Virginia SIP. A copy of the letter has
                                                  revisions amend Virginia’s major source                          SUPPLEMENTARY INFORMATION:                             been included in the docket for this
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                                                  New Source Review (NSR) regulations                                                                                     action. Further discussion of the
                                                  to make them consistent with the                                 I. Background                                          withdrawal is provided in section II.A
                                                  federal program. EPA is approving these                             On April 18, 2017 (73 FR 18272), EPA                of this notice.
                                                  revisions to the Virginia SIP in                                 published a notice of proposed
                                                  accordance with the requirements of the                                                                                 II. Summary of SIP Revision and EPA
                                                                                                                   rulemaking (NPR) for the
                                                  Clean Air Act (CAA).                                                                                                    Analysis
                                                                                                                   Commonwealth of Virginia. In the NPR,
                                                  DATES: This final rule is effective on                           EPA proposed approval of revisions to                    As discussed in the NPR, the October
                                                  September 27, 2017.                                              Virginia’s NSR regulations. On October                 16, 2015 SIP submittal revision (as


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Document Created: 2017-08-28 11:30:37
Document Modified: 2017-08-28 11:30:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective September 27, 2017.
ContactRichard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong can be reached by phone at (404) 562-8726 or via electronic mail at [email protected]
FR Citation82 FR 40701 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Sulfur Dioxide; Particulate Matter and Reporting and Recordkeeping Requirements

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