82_FR_47572 82 FR 47376 - Air Plan Approval; KY; Miscellaneous Source Specific Revisions for Jefferson County

82 FR 47376 - Air Plan Approval; KY; Miscellaneous Source Specific Revisions for Jefferson County

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47376-47378
FR Document2017-21943

The Environmental Protection Agency (EPA) is taking final action 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 revisions were submitted by KDAQ on behalf of the Louisville Metro Air Pollution Control 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.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47376-47378]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21943]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0356; FRL-9963-19-Region 4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 revisions were submitted by 
KDAQ on behalf of the Louisville Metro Air Pollution Control 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: This rule will be effective November 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0356. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not 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: 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 
huey.joel@epa.gov. Mr. Febres can be reached by telephone at (404) 562-
8966 or via electronic mail at febres-martinez.andres@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    In an August 10, 2017, proposed rulemaking, EPA proposed to approve 
changes to the Jefferson County portion of the Kentucky SIP that were 
received by EPA on March 21, 2011. 82 FR 37375. The August 10, 2017, 
rulemaking proposed to approve the March 21, 2011, SIP revision with 
modifications made through three addition submittals received by EPA on 
October 29, 2013, October 28, 2016, and March 24, 2017. Approval of 
Kentucky's March 21, 2011, submission, with the modifications from the 
October 29, 2013, October 28, 2016, and March 24, 2017, submissions, 
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. The 
details of Kentucky's SIP revisions and the rationale for EPA's action 
are explained in the proposed rulemaking. Comments on the proposed 
rulemaking were due on or before September 11, 2017. EPA did not 
receive any comments on the proposed action, adverse or otherwise.

II. 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'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). Therefore, these materials have been approved by EPA for 
inclusion into Kentucky's SIP, have been incorporated by reference by 
EPA into that plan, are fully federally-enforceable under sections 110 
and 113 of the Clean Air Act (CAA or Act) 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.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).

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[[Page 47377]]

III. Final Actions

    EPA is taking final action 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 
being approved: (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.

IV. 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. 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, these actions:

     Are 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);
     do not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.);
     are 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.);
     do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 
FR 19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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 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 December 11, 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: September 28, 2017.
Onis ``Trey'' Glenn, III,
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. Section 52.920, Table 2, is amended:
0
a. In paragraph (c), by revising the entry for ``6.29,'' under the 
heading ``Reg 6-Standards of Performance for Existing Affected 
Facilities'';
0
b. In paragraph (c), by removing the entry for ``7.57,'' under the 
heading ``Reg 7-Standards of Performance for New Affected Facilities'';
0
c. In paragraph (d), by removing the entry for ``Bubble action at 
General Electric in Louisville''; and
0
d. In paragraph (d), by revising the entries for ``Board Order 
Louisville Medical Center Steam Plant'', and ``Board Order Texas Gas 
Transmission.''
    The revisions read as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *
* * * * *

                                             Table 2--EPA-Approved Jefferson County Regulation for Kentucky
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                EPA approval      Federal Register        District
                 Reg                       Title/subject            date               notice          effective date             Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Reg 6--Standards of Performance for Existing Affected Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
 

[[Page 47378]]

 
                                                                      * * * * * * *
6.29................................  Standards of                 10/12/2017  [Insert citation of          8/21/2013  .................................
                                       Performance for                          publication].
                                       Existing Graphic Arts
                                       Facilities Using
                                       Rotogravure and
                                       Flexography.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) * * *

                               EPA-Approved Kentucky Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
        Name of source              Permit No.     effective date        date                Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Board Order Louisville Medical  NOX RACT Plan 1/        1/18/2017  10/12/2017,       ...........................
 Center Steam Plant.             18/2017.                           [Insert
                                                                    citation of
                                                                    publication].
 
                                                  * * * * * * *
Board Order Texas Gas           NOX RACT Plan 5/        5/18/2016  10/12/2017,       ...........................
 Transmission.                   18/2016.                           [Insert
                                                                    citation of
                                                                    publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-21943 Filed 10-11-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                47376            Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations

                                                and local officers designated by or                     the removal of a volatile organic                     October 28, 2016, and March 24, 2017.
                                                assisting the COTP Key West in the                      compounds (VOC) bubble rule.                          Approval of Kentucky’s March 21, 2011,
                                                enforcement of the safety zone.                         DATES: This rule will be effective                    submission, with the modifications from
                                                   (c) Regulations. (1) All persons and                 November 13, 2017.                                    the October 29, 2013, October 28, 2016,
                                                vessels are prohibited from entering,                   ADDRESSES: EPA has established a                      and March 24, 2017, submissions,
                                                transiting through, anchoring in, or                    docket for this action under Docket                   would: (1) Make several changes to
                                                remaining within the safety zone unless                 Identification No. EPA–R04–OAR–                       Regulation 6.29, Standard of
                                                authorized by the COTP Key West or a                    2017–0356. All documents in the docket                Performance for Graphic Arts Facilities
                                                designated representative.                              are listed on the www.regulations.gov                 Using Rotogravure or Flexographic
                                                   (2) Persons and vessels desiring to                  Web site. Although listed in the index,               Printing; (2) remove Regulation 7.57,
                                                enter, transit through, anchor in, or                   some information is not publicly                      Standard of Performance for New
                                                remain within the safety zone may                       available, i.e., Confidential Business                Graphic Arts Facilities Using
                                                contact the COTP Key West by                            Information or other information whose                Rotogravure or Flexographic Printing;
                                                telephone at (305) 292–8727, or a                       disclosure is restricted by statute.                  (3) incorporate Amendment 4 to the
                                                designated representative via VHF–FM                    Certain other material, such as                       Louisville Medical Steam Plant NOX
                                                radio on channel 16 to request                          copyrighted material, is not placed on                RACT Board Order into the Jefferson
                                                authorization. If authorization is                      the Internet and will be publicly                     County portion of the Kentucky SIP; (4)
                                                granted, all persons and vessels                        available only in hard copy form.                     incorporate Amendment 3 to the Texas
                                                receiving such authorization must                       Publicly available docket materials are               Gas Transmission NOX RACT Board
                                                comply with the instructions of the                     available either electronically through               Order into the Jefferson County portion
                                                COTP Key West or a designated                           www.regulations.gov or in hard copy at                of the Kentucky SIP; and (5) remove a
                                                representative.                                         the Air Regulatory Management Section,                VOC bubble rule for the General Electric
                                                   (d) Enforcement period. This rule will               Air Planning and Implementation                       plant in Louisville, Kentucky. The
                                                be enforced from 5 p.m. on October 5,                   Branch, Air, Pesticides and Toxics                    details of Kentucky’s SIP revisions and
                                                2017 through 8 a.m. on December 1,                      Management Division, U.S.                             the rationale for EPA’s action are
                                                2017, unless sooner terminated by the                   Environmental Protection Agency,                      explained in the proposed rulemaking.
                                                COTP Key West.                                          Region 4, 61 Forsyth Street SW.,                      Comments on the proposed rulemaking
                                                                                                        Atlanta, Georgia 30303–8960. EPA                      were due on or before September 11,
                                                  Dated: October 5, 2017.
                                                                                                        requests that if at all possible, you                 2017. EPA did not receive any
                                                Jeffrey A. Janszen,                                                                                           comments on the proposed action,
                                                Captain, U.S. Coast Guard, Captain of the               contact the person listed in the FOR
                                                                                                                                                              adverse or otherwise.
                                                Port Key West.                                          FURTHER INFORMATION CONTACT section to
                                                [FR Doc. 2017–22040 Filed 10–11–17; 8:45 am]            schedule your inspection. The Regional                II. Incorporation by Reference
                                                BILLING CODE 9110–04–P
                                                                                                        Office’s official hours of business are                  In this rule, EPA is finalizing
                                                                                                        Monday through Friday 8:30 a.m. to                    regulatory text that includes
                                                                                                        4:30 p.m., excluding Federal holidays.                incorporation by reference. In
                                                                                                        FOR FURTHER INFORMATION CONTACT: Joel                 accordance with requirements of 1 CFR
                                                ENVIRONMENTAL PROTECTION
                                                AGENCY                                                  Huey, Air Planning and Implementation                 51.5, EPA is finalizing the incorporation
                                                                                                        Branch, Air, Pesticides and Toxics                    by reference of Jefferson County’s
                                                40 CFR Part 52                                          Management Division, U.S.                             Regulation 6.29, Standard of
                                                                                                        Environmental Protection Agency,                      Performance for Graphic Arts Facilities
                                                [EPA–R04–OAR–2017–0356; FRL–9963–19–                    Region 4, 61 Forsyth Street SW.,                      Using Rotogravure or Flexographic
                                                Region 4]
                                                                                                        Atlanta, Georgia 30303–8960 or Andres                 Printing, effective August 21, 2013;
                                                Air Plan Approval; KY; Miscellaneous                    Febres, Air Regulatory Management                     ‘‘Board Order Texas Gas Transmission’’
                                                Source Specific Revisions for                           Section, Air Planning and                             NOX RACT Plan, effective May 18, 2016;
                                                Jefferson County                                        Implementation Branch, Air, Pesticides                and ‘‘Board Order Louisville Medical
                                                                                                        and Toxics Management Division, U.S.                  Center Steam Plant’’ NOX RACT Plan,
                                                AGENCY:  Environmental Protection                       Environmental Protection Agency,                      effective January 18, 2017. EPA has
                                                Agency (EPA).                                           Region 4, 61 Forsyth Street SW.,                      made, and will continue to make, these
                                                ACTION: Final rule.                                     Atlanta, Georgia 30303–8960. Mr. Huey                 materials generally available through
                                                                                                        can be reached by telephone at (404)                  www.regulations.gov and/or at the EPA
                                                SUMMARY:   The Environmental Protection                 562–9104 or via electronic mail at                    Region 4 Office (please contact the
                                                Agency (EPA) is taking final action to                  huey.joel@epa.gov. Mr. Febres can be                  person identified in the FOR FURTHER
                                                approve revisions to the Kentucky State                 reached by telephone at (404) 562–8966                INFORMATION CONTACT section of this
                                                Implementation Plan (SIP), submitted                    or via electronic mail at febres-                     preamble for more information).
                                                by the Commonwealth of Kentucky,                        martinez.andres@epa.gov.                              Therefore, these materials have been
                                                through the Kentucky Division for Air                   SUPPLEMENTARY INFORMATION:                            approved by EPA for inclusion into
                                                Quality (KDAQ), on March 21, 2011,                                                                            Kentucky’s SIP, have been incorporated
                                                October 29, 2013, October 28, 2016, and                 I. Background                                         by reference by EPA into that plan, are
                                                March 24, 2017. The revisions were                         In an August 10, 2017, proposed                    fully federally-enforceable under
                                                submitted by KDAQ on behalf of the                      rulemaking, EPA proposed to approve                   sections 110 and 113 of the Clean Air
                                                Louisville Metro Air Pollution Control                  changes to the Jefferson County portion               Act (CAA or Act) as of the effective date
jstallworth on DSKBBY8HB2PROD with RULES




                                                District, which has jurisdiction over                   of the Kentucky SIP that were received                of the final rulemaking of EPA’s
                                                Jefferson County, Kentucky. The                         by EPA on March 21, 2011. 82 FR                       approval, and will be incorporated by
                                                revisions include changes to Jefferson                  37375. The August 10, 2017, rulemaking                reference by the Director of the Federal
                                                County Regulations regarding                            proposed to approve the March 21,                     Register in the next update to the SIP
                                                Reasonably Available Control                            2011, SIP revision with modifications                 compilation.1
                                                Technology (RACT) for two major                         made through three addition submittals
                                                sources of nitrogen oxides (NOx) and                    received by EPA on October 29, 2013,                    1 62   FR 27968 (May 22, 1997).



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                                                                 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations                                                      47377

                                                III. Final Actions                                         • do not have Federalism implications as                Administrator of this final rule does not
                                                                                                        specified in Executive Order 13132 (64 FR                  affect the finality of this action for the
                                                  EPA is taking final action to approve                 43255, August 10, 1999);                                   purposes of judicial review nor does it
                                                changes to the Jefferson County Air                        • are not an economically significant
                                                                                                        regulatory action based on health or safety
                                                                                                                                                                   extend the time within which a petition
                                                Quality Regulations portion of the                                                                                 for judicial review may be filed, and
                                                Kentucky SIP. The requested revisions                   risks subject to Executive Order 13045 (62 FR
                                                                                                        19885, April 23, 1997);                                    shall not postpone the effectiveness of
                                                were provided by KDAQ to EPA on
                                                                                                           • are not a significant regulatory action               such rule or action. This action may not
                                                March 21, 2011, October 29, 2013,                       subject to Executive Order 13211 (66 FR                    be challenged later in proceedings to
                                                October 28, 2016, and March 24, 2017.                   28355, May 22, 2001);                                      enforce its requirements. See section
                                                The changes being approved: (1) Modify                     • are not subject to requirements of                    307(b)(2).
                                                Regulation 6.29, (2) remove Regulation                  Section 12(d) of the National Technology
                                                7.57, (3) incorporate Amendment 4 to                    Transfer and Advancement Act of 1995 (15                   List of Subjects in 40 CFR Part 52
                                                the NOX RACT Board Order for the                        U.S.C. 272 note) because application of those
                                                                                                        requirements would be inconsistent with the                  Environmental protection, Air
                                                Louisville Medical Center Steam Plant                                                                              pollution control, Incorporation by
                                                                                                        CAA; and
                                                into the Jefferson County portion of the                   • do not provide EPA with the                           reference, Intergovernmental relations,
                                                Kentucky SIP, (4) incorporate                           discretionary authority to address, as                     Nitrogen dioxide, Particulate matter,
                                                Amendment 3 to NOX RACT Board                           appropriate, disproportionate human health                 Reporting and recordkeeping
                                                Order for the Texas Gas Transmission                    or environmental effects, using practicable                requirements, Sulfur oxides, Volatile
                                                facility into the Kentucky SIP, and (5)                 and legally permissible methods, under
                                                                                                                                                                   organic compounds.
                                                remove the VOC bubble rule for the                      Executive Order 12898 (59 FR 7629, February
                                                General Electric plant in Louisville,                   16, 1994).                                                   Dated: September 28, 2017.
                                                Kentucky. EPA believes these changes                       The SIP is not approved to apply on                     Onis ‘‘Trey’’ Glenn, III,
                                                are consistent with the requirements of                 any Indian reservation land or in any                      Regional Administrator, Region 4.
                                                the CAA.                                                other area where EPA or an Indian tribe                        40 CFR part 52 is amended as follows:
                                                                                                        has demonstrated that a tribe has
                                                IV. Statutory and Executive Order                                                                                  PART 52—APPROVAL AND
                                                                                                        jurisdiction. In those areas of Indian
                                                Reviews                                                                                                            PROMULGATION OF
                                                                                                        country, the rule does not have tribal
                                                  Under the CAA, the Administrator is                   implications as specified by Executive                     IMPLEMENTATION PLANS
                                                required to approve a SIP submission                    Order 13175 (65 FR 67249, November 9,
                                                that complies with the provisions of the                2000), nor will it impose substantial                      ■ 1. The authority citation for part 52
                                                Act and applicable Federal regulations.                 direct costs on tribal governments or                      continues to read as follows:
                                                See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 preempt tribal law.                                            Authority: 42.U.S.C. 7401 et seq.
                                                Thus, in reviewing SIP submissions,                        The Congressional Review Act, 5
                                                EPA’s role is to approve state choices,                 U.S.C. 801 et seq., as added by the Small                  Subpart S—Kentucky
                                                provided that they meet the criteria of                 Business Regulatory Enforcement
                                                                                                        Fairness Act of 1996, generally provides                   ■  2. Section 52.920, Table 2, is
                                                the CAA. This action merely approves
                                                                                                        that before a rule may take effect, the                    amended:
                                                state law as meeting Federal
                                                                                                        agency promulgating the rule must                          ■ a. In paragraph (c), by revising the
                                                requirements and does not impose
                                                                                                        submit a rule report, which includes a                     entry for ‘‘6.29,’’ under the heading
                                                additional requirements beyond those
                                                                                                        copy of the rule, to each House of the                     ‘‘Reg 6–Standards of Performance for
                                                imposed by state law. For that reason,
                                                                                                        Congress and to the Comptroller General                    Existing Affected Facilities’’;
                                                these actions:
                                                                                                        of the United States. EPA will submit a                    ■ b. In paragraph (c), by removing the
                                                  • Are not a significant regulatory action             report containing this action and other                    entry for ‘‘7.57,’’ under the heading
                                                subject to review by the Office of                                                                                 ‘‘Reg 7–Standards of Performance for
                                                Management and Budget under Executive
                                                                                                        required information to the U.S. Senate,
                                                                                                        the U.S. House of Representatives, and                     New Affected Facilities’’;
                                                Orders 12866 (58 FR 51735, October 4, 1993)
                                                                                                        the Comptroller General of the United                      ■ c. In paragraph (d), by removing the
                                                and 13563 (76 FR 3821, January 21, 2011);
                                                  • do not impose an information collection             States prior to publication of the rule in                 entry for ‘‘Bubble action at General
                                                burden under the provisions of the                      the Federal Register. A major rule                         Electric in Louisville’’; and
                                                Paperwork Reduction Act (44 U.S.C. 3501 et              cannot take effect until 60 days after it                  ■ d. In paragraph (d), by revising the
                                                seq.);                                                  is published in the Federal Register.                      entries for ‘‘Board Order Louisville
                                                  • are certified as not having a significant           This action is not a ‘‘major rule’’ as                     Medical Center Steam Plant’’, and
                                                economic impact on a substantial number of              defined by 5 U.S.C. 804(2).                                ‘‘Board Order Texas Gas Transmission.’’
                                                small entities under the Regulatory                        Under section 307(b)(1) of the CAA,                        The revisions read as follows:
                                                Flexibility Act (5 U.S.C. 601 et seq.);
                                                  • do not contain any unfunded mandate or
                                                                                                        petitions for judicial review of this
                                                                                                                                                                   § 52.920    Identification of plan.
                                                significantly or uniquely affect small                  action must be filed in the United States
                                                governments, as described in the Unfunded               Court of Appeals for the appropriate                       *     *    *          *    *
                                                Mandates Reform Act of 1995 (Pub. L. 104–               circuit by December 11, 2017. Filing a                       (c) * * *
                                                4);                                                     petition for reconsideration by the                        *     *    *          *    *

                                                                              TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATION FOR KENTUCKY
                                                                                                                     EPA approval                                               District
                                                              Reg                          Title/subject                                      Federal Register notice                             Explanation
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                                        date                                                effective date


                                                          *                       *                        *                          *                       *                      *                     *

                                                                                           Reg 6—Standards of Performance for Existing Affected Facilities




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                                                47378                 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations

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

                                                            *                               *                     *                          *                            *                     *                      *
                                                6.29 ....................................   Standards of Performance                 10/12/2017        [Insert citation of publica-          8/21/2013
                                                                                              for Existing Graphic Arts                                   tion].
                                                                                              Facilities Using Roto-
                                                                                              gravure and Flexog-
                                                                                              raphy.

                                                              *                             *                        *                           *                       *                       *                     *



                                                    (d) * * *

                                                                                                   EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS
                                                                                                                                            State effective
                                                             Name of source                                    Permit No.                                                    EPA approval date                 Explanations
                                                                                                                                                 date


                                                         *                   *                                 *                                 *                       *                   *                         *
                                                Board Order Louisville Medical                    NOX RACT Plan 1/18/2017 ........                    1/18/2017     10/12/2017, [Insert citation of
                                                  Center Steam Plant.                                                                                                 publication].

                                                         *                 *                                   *                                 *                       *                   *                         *
                                                Board Order Texas Gas Trans-                      NOX RACT Plan 5/18/2016 ........                    5/18/2016     10/12/2017, [Insert citation of
                                                  mission.                                                                                                            publication].

                                                              *                             *                        *                           *                       *                       *                     *



                                                *        *        *         *        *                            plan). EPA is finalizing approval of                          schedule your inspection. The Regional
                                                [FR Doc. 2017–21943 Filed 10–11–17; 8:45 am]                      Kentucky’s determination that the                             Office’s official hours of business are
                                                BILLING CODE 6560–50–P                                            Commonwealth’s regional haze plan is                          Monday through Friday 8:30 a.m. to
                                                                                                                  adequate to meet these RPGs for the first                     4:30 p.m., excluding Federal holidays.
                                                                                                                  implementation period covering                                FOR FURTHER INFORMATION CONTACT:
                                                ENVIRONMENTAL PROTECTION                                          through 2018 and requires no                                  Michele Notarianni, Air Regulatory
                                                AGENCY                                                            substantive revision at this time.                            Management Section, Air Planning and
                                                                                                                  DATES: This rule will be effective                            Implementation Branch, Air, Pesticides
                                                40 CFR Part 52                                                                                                                  and Toxics Management Division, U.S.
                                                                                                                  November 13, 2017.
                                                [EPA–R04–OAR–2016–0462; FRL–9969–                                 ADDRESSES: EPA has established a
                                                                                                                                                                                Environmental Protection Agency,
                                                26—Region 4]                                                      docket for this action under Docket                           Region 4, 61 Forsyth Street SW.,
                                                                                                                  Identification No. EPA–R04–OAR–                               Atlanta, Georgia 30303–8960. Ms.
                                                Air Plan Approval; Kentucky; Regional                                                                                           Notarianni can be reached by phone at
                                                                                                                  2016–0462. All documents in the docket
                                                Haze Progress Report                                                                                                            (404) 562–9031 and via electronic mail
                                                                                                                  are listed on the www.regulations.gov
                                                                                                                                                                                at notarianni.michele@epa.gov.
                                                AGENCY:  Environmental Protection                                 Web site. Although listed in the index,
                                                                                                                  some information may not be publicly                          SUPPLEMENTARY INFORMATION:
                                                Agency (EPA).
                                                ACTION: Final rule.                                               available, i.e., Confidential Business                        I. Background
                                                                                                                  Information or other information whose
                                                                                                                                                                                   States are required to submit a
                                                SUMMARY:   The Environmental Protection                           disclosure is restricted by statute.                          progress report in the form of a SIP
                                                Agency (EPA) is finalizing approval of                            Certain other material, such as                               revision during the first implementation
                                                a State Implementation Plan (SIP)                                 copyrighted material, is not placed on                        period that evaluates progress towards
                                                revision submitted by the                                         the Internet and will be publicly                             the RPGs for each mandatory Class I
                                                Commonwealth of Kentucky through                                  available only in hard copy form.                             federal area 1 (Class I area) within the
                                                the Kentucky Energy and Environment                               Publicly available docket materials are                       state and for each Class I area outside
                                                Cabinet, Division of Air Quality (KDAQ)                           available either electronically through                       the state which may be affected by
                                                on September 17, 2014. Kentucky’s                                 www.regulations.gov or in hard copy at                        emissions from within the state. 40 CFR
                                                September 17, 2014, SIP revision                                  the Air Regulatory Management Section,                        51.308(g). In addition, the provisions of
                                                (Progress Report) addresses                                       Air Planning and Implementation                               40 CFR 51.308(h) require states to
                                                requirements of the Clean Air Act (CAA                            Branch, Air, Pesticides and Toxics                            submit, at the same time as the 40 CFR
jstallworth on DSKBBY8HB2PROD with RULES




                                                or Act) and EPA’s rules that require                              Management Division, U.S.
                                                each state to submit periodic reports                             Environmental Protection Agency,                                1 Areas designated as mandatory Class I federal
                                                describing progress towards reasonable                            Region 4, 61 Forsyth Street SW.,                              areas consist of national parks exceeding 6000
                                                progress goals (RPGs) established for                             Atlanta, Georgia 30303–8960. EPA                              acres, wilderness areas and national memorial parks
                                                                                                                                                                                exceeding 5000 acres, and all international parks
                                                regional haze and a determination of the                          requests that if at all possible, you                         that were in existence on August 7, 1977 (42 U.S.C.
                                                adequacy of the state’s existing SIP                              contact the person listed in the FOR                          7472(a)). These areas are listed at 40 CFR part 81,
                                                addressing regional haze (regional haze                           FURTHER INFORMATION CONTACT section to                        subpart D.



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Document Created: 2018-10-25 10:06:27
Document Modified: 2018-10-25 10:06:27
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 November 13, 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 47376 
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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