Air Plan Approval; KY; Miscellaneous Source Specific Revisions for Jefferson County, 47376-47378 [2017-21943]
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47376
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
and local officers designated by or
assisting the COTP Key West in the
enforcement of the safety zone.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zone unless
authorized by the COTP Key West or a
designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the safety zone may
contact the COTP Key West by
telephone at (305) 292–8727, or a
designated representative via VHF–FM
radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Key West or a designated
representative.
(d) Enforcement period. This rule will
be enforced from 5 p.m. on October 5,
2017 through 8 a.m. on December 1,
2017, unless sooner terminated by the
COTP Key West.
Dated: October 5, 2017.
Jeffrey A. Janszen,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2017–22040 Filed 10–11–17; 8:45 am]
BILLING CODE 9110–04–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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
jstallworth on DSKBBY8HB2PROD with RULES
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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 febresmartinez.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,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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
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FR 27968 (May 22, 1997).
12OCR1
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920, Table 2, is
amended:
■ a. In paragraph (c), by revising the
entry for ‘‘6.29,’’ under the heading
‘‘Reg 6–Standards of Performance for
Existing Affected Facilities’’;
■ b. In paragraph (c), by removing the
entry for ‘‘7.57,’’ under the heading
‘‘Reg 7–Standards of Performance for
New Affected Facilities’’;
■ c. In paragraph (d), by removing the
entry for ‘‘Bubble action at General
Electric in Louisville’’; and
■ 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:
■
§ 52.920
Identification of plan.
*
*
*
(c) * * *
*
*
*
*
*
*
*
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TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATION FOR KENTUCKY
Reg
*
EPA approval
date
Title/subject
*
*
Federal Register notice
*
District
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
date
Reg
Title/subject
*
6.29 ....................................
Federal Register notice
*
10/12/2017
*
[Insert citation of publication].
*
*
Standards of Performance
for Existing Graphic Arts
Facilities Using Rotogravure and Flexography.
*
*
*
*
District
effective date
*
8/21/2013
*
*
Explanation
*
*
(d) * * *
EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS
Name of source
State effective
date
Permit No.
*
*
Board Order Louisville Medical
Center Steam Plant.
*
NOX RACT Plan 1/18/2017 ........
*
*
*
Board Order Texas Gas Transmission.
*
NOX RACT Plan 5/18/2016 ........
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2017–21943 Filed 10–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0462; FRL–9969–
26—Region 4]
Air Plan Approval; Kentucky; Regional
Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Kentucky through
the Kentucky Energy and Environment
Cabinet, Division of Air Quality (KDAQ)
on September 17, 2014. Kentucky’s
September 17, 2014, SIP revision
(Progress Report) addresses
requirements of the Clean Air Act (CAA
or Act) and EPA’s rules that require
each state to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing SIP
addressing regional haze (regional haze
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:11 Oct 11, 2017
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EPA approval date
*
*
10/12/2017, [Insert citation of
publication].
*
1/18/2017
*
*
10/12/2017, [Insert citation of
publication].
*
5/18/2016
*
plan). EPA is finalizing approval of
Kentucky’s determination that the
Commonwealth’s regional haze plan is
adequate to meet these RPGs for the first
implementation period covering
through 2018 and requires no
substantive revision at this time.
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–
2016–0462. 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
PO 00000
Frm 00016
Fmt 4700
Explanations
Sfmt 4700
*
*
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:
Michele Notarianni, 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. Ms.
Notarianni can be reached by phone at
(404) 562–9031 and via electronic mail
at notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
States are required to submit a
progress report in the form of a SIP
revision during the first implementation
period that evaluates progress towards
the RPGs for each mandatory Class I
federal area 1 (Class I area) within the
state and for each Class I area outside
the state which may be affected by
emissions from within the state. 40 CFR
51.308(g). In addition, the provisions of
40 CFR 51.308(h) require states to
submit, at the same time as the 40 CFR
1 Areas designated as mandatory Class I federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). These areas are listed at 40 CFR part 81,
subpart D.
E:\FR\FM\12OCR1.SGM
12OCR1
]]>Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47376-47378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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).
---------------------------------------------------------------------------
[[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
