
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Proposed Rules]
[Pages 7313-7315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03851]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0609; FRL-9990-30-Region 4]


Air Plan Approval; Kentucky: Jefferson County Process Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes to the Jefferson County portion of the Kentucky State 
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, 
through the Energy and Environment Cabinet (Cabinet), through a letter 
dated March 15, 2018. The proposed SIP revision was submitted by the 
Cabinet on behalf of the Louisville Metro Air Pollution Control 
District (District) and makes minor ministerial amendments to 
regulations regarding new and existing process operations.

DATES: Comments must be received on or before April 3, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0609 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: 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. The telephone number is (404) 562-8966. Mr. Febres can also 
be reached via electronic mail at febres-martinez.andres@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing?

    EPA is proposing to approve changes to the Jefferson County portion 
of the Kentucky SIP that were provided to EPA through a letter dated 
March 15, 2018.\1\ EPA is proposing to approve the portions of this SIP 
revision that make changes to the District's Regulation 6.09--Standards 
of Performance for Existing Process Operations, and Regulation 7.08--
Standards of Performance for New Process Operations.\2\ The March 15, 
2018, SIP revision makes minor and ministerial changes that do not 
alter the meaning of these regulations but rather are intended to 
clarify the applicability of these regulations, as well as reduce 
redundancy in the particulate matter (PM) and opacity standards. The 
SIP revision updates the current SIP-approved versions of Regulation 
6.09

[[Page 7314]]

(version 6) and Regulation 7.08 (version 3) to versions 7 and version 
4, respectively. The changes that are being proposed for approval in 
this rulemaking and EPA's rationale for proposing approval are 
described in more detail below.
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    \1\ EPA notes that the Agency received the SIP revision on March 
23, 2018.
    \2\ EPA also notes that the Agency received several other 
revisions to the Jefferson County portion of the Kentucky SIP 
submitted with the same March 15, 2018, cover letter. EPA will be 
considering action on the remaining revisions in separate actions.
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II. EPA's Analysis of the State Submittal

    As mentioned in Section I of this document, the portion of 
Jefferson County's March 15, 2018, SIP revision that EPA is proposing 
to approve makes changes to two Jefferson County Air Quality 
Regulations. Specifically, the SIP revision updates the SIP-approved 
version of Regulation 6.09 to version 7, and the SIP-approved version 
of Regulation 7.08 to version 4.

(1) Regulation 6.09, Standards of Performance for Existing Process 
Operations

    Jefferson County's Regulation 6.09 provides for the control of 
emissions from existing process operations and includes standards for 
PM emissions, as well as nitrogen oxides (NOX) emissions. 
Jefferson County's March 15, 2018, SIP revision requests that EPA 
incorporate version 7 of Regulation 6.09 into the SIP. Version 7 amends 
two sections of Regulation 6.09: Section 1, Applicability, in order to 
clarify the applicability of this regulation through slightly modified 
language; and Section 3, Standards for Particulate Matter, in order to 
eliminate redundancies within that section.
    Section 1.1 of the current SIP-approved version of Regulation 6.09 
states that the provisions of this regulation apply to process 
operations that were either in existence or had an approved 
construction permit on or before September 1, 1976. With the amendments 
in version 7, Jefferson County makes minor edits to clarify that the 
provisions of this regulation apply to process operations that not only 
were in existence on or before September 1, 1976, but also to those 
process operations that had either commenced construction, 
reconstruction, or a modification by that date. In addition, Jefferson 
County rewords, for clarification purposes, the part of Section 1.1 
that specifies that Regulation 6.09 applies to those process operations 
not otherwise covered under any other portion of Regulation 6, but the 
scope, meaning, and applicability of Regulation 6.09 remain the same.
    Section 3 of the current SIP-approved version of Regulation 6.09 
includes specific standards for PM emissions from existing process 
operations. With the amendments in version 7, Jefferson County deletes 
Sections 3.3 and 3.4 of Regulation 6.09. Section 3.3 contains an 
opacity standard for PM that limits process operation emissions to 20 
percent opacity; and Section 3.4 contains a Mass emission standard for 
PM that limits process operation emissions to emissions rates provided 
in Table 1 of Regulation 6.09. Both standards for PM emissions are 
unnecessary because they are already established under sections 3.1 and 
3.2 of Regulation 6.09. By deleting Sections 3.3 and 3.4, Jefferson 
County is not removing any emissions limit for existing process 
operations, but is simply removing redundancy in the current SIP-
approved version of the regulation.
    The March 15, 2018, SIP revision does not change the scope or 
meaning of Regulation 6.09, nor does it modify how the regulation 
works. These changes are minor and ministerial in nature and help to 
clean up and clarify the regulation of existing process operations. EPA 
has made the preliminary determination that the aforementioned changes 
will not have a negative impact on air quality in the area and is 
therefore proposing to approve version 7 of Regulation 6.09 into the 
Jefferson County portion of the Kentucky SIP.

(2) Regulation 7.08, Standards of Performance for New Process 
Operations

    Like Jefferson County's Regulation 6.09, Regulation 7.08 provides 
for the control of emissions from process operations, but these 
provisions apply to new process operations rather than existing ones. 
Jefferson County's March 15, 2018, SIP revision requests that EPA adopt 
version 4 of Regulation 7.08 into the SIP. Version 4 of Regulation 7.08 
makes changes similar to those in version 7 of Regulation 6.09 by 
amending the two corresponding sections: Section 1, Applicability, in 
order to clarify the applicability of this regulation through slightly 
modified language; and Section 3, Standards for Particulate Matter, in 
order to eliminate redundancies within that section.
    Section 1 of the current SIP-approved version of Regulation 7.08 
states that the provisions of this regulation apply to process 
operations that commenced construction after September 1, 1976. With 
the amendments in version 4, Jefferson County clarifies that the 
provisions of this regulation apply to process operations that not only 
had commenced construction after September 1, 1976, but also to those 
that had either commenced modification or reconstruction after this 
date. As with the changes in Regulation 6.09, Jefferson County also 
rewords, for clarification purposes, the provision in Section 1 that 
specifies that this regulation applies to those process operations not 
otherwise covered under any other portion of Regulation 7, but the 
scope, meaning, and applicability remain the same.
    Section 3 of the current SIP-approved version of Regulation 7.08 
includes specific standards for PM emissions of new process operations. 
With the amendments in version 4, Jefferson County deletes Section 3.2, 
which contains the 20 percent opacity limit for PM from process 
operation emissions. This opacity standard is unnecessary because it is 
already established in section 3.1.1 of Regulation 7.08. By deleting 
Section 3.2, Jefferson County is not removing any emissions limitation 
for new process operations, but is simply removing a redundancy that 
exists in the current SIP-approved version of the regulation.
    Just as with Regulation 6.09 above, the March 15, 2018, SIP 
revision does not change the meaning or scope of Regulation 7.08, nor 
does it modify how the regulation works. These changes are minor and 
ministerial in nature and help to clean up and clarify the regulation 
of new process operations. EPA has made the preliminary determination 
that the aforementioned changes will not have a negative impact on air 
quality in the area and is therefore proposing to approve version 4 of 
Regulation 7.08 into the Jefferson County portion of the Kentucky SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Jefferson County's Regulation 6.09, Standards of Performance 
for Existing Process Operations, Version 7, and Regulation 7.08, 
Standards of Performance for New Process Operations, Version 4, both 
State effective January 17, 2018. EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and at the EPA Region 4 office (please contact the person identified in 
the ``For Further Information Contact'' section of this preamble for 
more information).

IV. Proposed Action

    EPA is proposing to approve changes to the Jefferson County portion 
of the Kentucky SIP that were provided to EPA through a letter dated 
March 15, 2018. Specifically, EPA is proposing to

[[Page 7315]]

approve the District's Regulation 6.09 version 7 and Regulation 7.08 
version 4. The March 15, 2018, SIP revision makes minor and ministerial 
changes and is intended to clarify the applicability of these 
regulations, as well as reduce redundancy in the PM and opacity 
standards. These rule adoptions do not contravene federal permitting 
requirements or existing EPA policy, nor will they impact the NAAQS or 
interfere with any other applicable requirement of the Act.

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. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed action:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: February 20, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-03851 Filed 3-1-19; 8:45 am]
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