Air Plan Approval; Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting, 40701-40703 [2017-18087]
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
b. Redesignate the current second (d)
paragraph as new paragraph (e); and
■ c. Remove the semicolon at the end of
the newly redesignated paragraph (f)
introductory text and add a colon in its
place.
■
[FR Doc. 2017–18037 Filed 8–25–17; 8:45 am]
BILLING CODE 8320–01–P
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
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
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.,
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SUMMARY:
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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 wong.richard@
epa.gov.
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,
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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40701
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.
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 ‘‘InStack 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
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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.
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
3 The criteria pollutants are particulate matter,
sulfur dioxide, carbon monoxide, nitrogen dioxide,
lead, and ground-level ozone.
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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
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
4 62
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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
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
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).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects in 40 CFR Part 52
Authority: 42.U.S.C. 7401 et seq.
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.
Subpart S—Kentucky
2. In § 52.920, table 2 in paragraph (c)
is amended by revising the entry ‘‘1.06’’
to read as follows:
■
§ 52.920
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA approval
date
Title/subject
District
effective
date
Federal Register notice
Explanation
Reg 1—General Provisions
*
1.06 .....
*
Stationary Source Self-Monitoring, Emissions Inventory
Development, and Reporting.
*
*
*
*
8/28/17
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0052; FRL–9966–78–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Major New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Commonwealth of Virginia state
implementation plan (SIP). The
revisions amend Virginia’s major source
New Source Review (NSR) regulations
to make them consistent with the
federal program. EPA is approving these
revisions to the Virginia SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
September 27, 2017.
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SUMMARY:
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EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0052. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) 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 through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 18, 2017 (73 FR 18272), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. In the NPR,
EPA proposed approval of revisions to
Virginia’s NSR regulations. On October
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*
ADDRESSES:
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*
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*
*
Revision approved except section 5 and any references to
section 5 located in section
3.
*
*
16, 2015, the Commonwealth of Virginia
through the Virginia Department of
Environmental Quality (VADEQ),
submitted a formal revision to the
Virginia SIP. The SIP revision consists
of amendments to the preconstruction
permit requirements under VADEQ’s
major NSR permit program. The
revision affects sources subject to
VADEQ’s Prevention of Significant
Deterioration (PSD) program, which
applies in areas which are in attainment
with (or unclassifiable for) the national
ambient air quality standards (NAAQS),
as well as affecting sources subject to its
nonattainment NSR permit program,
applicable in areas not in attainment
with the NAAQS. By letter dated March
1, 2017, VADEQ officially withdrew a
small and specific portion of the
October 16, 2015 submittal from
consideration for approval into the
Virginia SIP. A copy of the letter has
been included in the docket for this
action. Further discussion of the
withdrawal is provided in section II.A
of this notice.
II. Summary of SIP Revision and EPA
Analysis
As discussed in the NPR, the October
16, 2015 SIP submittal revision (as
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[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40701-40703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
-----------------------------------------------------------------------
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
wong.richard@epa.gov.
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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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
