[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 52003-52005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20841]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0278; FRL-10000-49-Region 4]


Air Plan Approval; KY; Existing Indirect Heat Exchangers for 
Jefferson County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
approving 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 changes were submitted by the Cabinet on 
behalf of the Louisville Metro Air Pollution Control District 
(District, also referred to herein as Jefferson County). The SIP 
revision includes changes to Jefferson County Regulations regarding 
existing indirect heat exchangers.

DATES: This rule will be effective October 31, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0278. All documents in the docket 
are listed on the www.regulations.gov website. 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 and Radiation 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: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be 
reached via electronic mail at akers.brad@epa.gov or via telephone at 
(404) 562-9089.

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is approving changes to the Jefferson County portion of the 
Kentucky SIP that were provided to EPA through Kentucky's Division of 
Air Quality via a letter dated March 15, 2018.1 2 EPA is 
approving the portions of this SIP revision that make changes to the 
District's Regulation 6.07, Standards of Performance for Existing 
Indirect Heat Exchangers.\3\ The March 15, 2018, SIP revision makes 
minor and ministerial changes to Regulation 6.07 that do not alter the 
meaning of the regulation or the emissions levels for sources regulated 
under the Jefferson County Regulations, such as clarifying changes to 
its applicability. In addition, other changes in the submittal 
strengthen the SIP by adding specific test methods and procedures for 
determining compliance with applicable emissions limits for affected 
facilities. Accordingly, these rule changes do not relax the emissions 
reductions to applicable sources, nor do they change any applicable 
emissions limitations. The SIP revision updates the current SIP-
approved version of Regulation 6.07 (version 3) to version 4.
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    \1\ EPA received the SIP revision on March 23, 2018.
    \2\ 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.'' See The History of Air Pollution Control in Louisville, 
available at https://louisvilleky.gov/government/air-pollution-control-district/history-air-pollution-control-louisville. 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, we refer throughout this notice to 
regulations contained in the Jefferson County portion of the 
Kentucky SIP as the ``Jefferson County'' regulations.
    \3\ EPA received several submittals revising the Jefferson 
County portion of the Kentucky SIP transmitted with the same March 
15, 2018, cover letter. EPA will consider action on these other SIP 
revisions in separate rulemakings.
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    See EPA's July 22, 2019 (84 FR 35052), notice of proposed 
rulemaking (NPRM) for further detail on these changes and EPA's 
rationale for approving them. EPA received adverse comments on the 
NPRM. EPA received one additional comment, available in the docket for 
this action, which is not relevant to this rulemaking. EPA has 
summarized and responded to the adverse comments in Section II of this 
action.

II. Response to Comments

    Comment: One commenter states that EPA should disapprove Regulation 
6.07 because ``it is inconsistent with the National Environmental 
Policy Act (NEPA) and it violates the Kentucky Clean Air Act.''
    Response: EPA disagrees with this comment. The Agency is taking 
action pursuant to the Federal CAA, and actions under the CAA are 
exempt from NEPA. See 15 U.S.C. 793(c)(1). To the extent the commenter 
intended to reference Kentucky's Air Pollution Control District Act 
(codified at Kentucky Revised Statutes (KRS), Chapter 77, Air Pollution 
Control) in its comment regarding the ``Kentucky Clean Air Act,'' EPA 
notes that the District approved the revisions under KRS Chapter 77, 
stating in the SIP submittal that KRS 77.180 provides for the control 
of emissions from indirect heat exchangers.\4\ Further, EPA notes that 
the commenter does not provide any rationale or information supporting 
its assertions.
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    \4\ The SIP revision also states that KRS 77.180 authorizes the 
District to adopt and enforce all orders, rules, and regulations 
necessary or proper to accomplish the purposes of KRS Chapter 77.
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    Comment: One commenter states that the rule poses significant risks 
to public health and the environment and that it will negatively impact 
Kentucky's electricity market and increase energy prices in Kentucky. 
Similarly, another commenter suggests that EPA should ``revisit'' the 
rule because it does not properly address the community's needs and 
that the ``system in place to assist our community in reducing energy 
costs is not the `best' fit today and is not fit in the future for our 
community.''
    Response: EPA disagrees that the SIP revision poses a significant 
risk to public health and the environment. The changes to Regulation 
6.07 do not alter any applicable emissions limitations and are 
therefore not expected to increase emissions. Rather, the revisions 
clarify and strengthen the SIP by providing specific testing 
requirements for certain sources. In addition, sources regulated 
pursuant to Regulation 6.07 are not otherwise required by Federal 
regulations to achieve emissions reductions; therefore, Regulation 6.07 
benefits Jefferson County by requiring specific emissions reductions 
for particulate matter (PM) and sulfur dioxide (SO2) from 
these sources.

[[Page 52004]]

    With respect to the assertion that the action will impact the 
energy market and costs in Kentucky, EPA's role in reviewing SIP 
submittals is to approve state choices provided that they meet the 
minimum requirements of the CAA. See CAA section 110(k)(3). The 
economic reasonableness of the District's choice to modify Regulation 
6.07 is not a factor that EPA can consider when acting on this SIP 
revision. See CAA section 110(a)(2); Union Elec. Co. v. EPA, 427 U.S. 
246, 256-66 (1976). EPA notes, however, that the District anticipates 
no increased costs as a result of these rule revisions, as stated in 
the SIP submittal. Further, EPA notes that the commenter does not 
provide any rationale or information supporting its assertions 
regarding energy costs and risks to public health and the environment.
    Comment: One commenter states that EPA should disapprove the 
changes to Regulation 6.07 because they are ``inconsistent with EPA's 
national air quality management plan and are inconsistent with the 
Agency's statutory authority to define `greenhouse gas emissions' 
(which is what the proposed amendments are addressing).''
    Response: It is unclear how this comment relates to the proposal. 
The commenter does not provide any specific information regarding the 
``national air quality management plan'' or EPA's statutory authority 
to define greenhouse gas emissions, nor does the commenter explain how 
this plan and authority are allegedly inconsistent with EPA's action to 
incorporate the changes to Regulation 6.07 into the SIP. Further, EPA 
notes that Regulation 6.07 regulates the emissions of criteria air 
pollutants, namely PM and SO2, not greenhouse gases.

III. Incorporation by Reference

    In this document, 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 6.07, Standards of Performance for Existing 
Indirect Heat Exchangers, version 4, State effective January 17, 2018, 
which makes minor and ministerial changes to Regulation 6.07 that do 
not alter the meaning of the regulation or the emissions levels for 
sources and strengthens the SIP by adding specific test methods and 
procedures for determining compliance with applicable emissions limits 
for affected facilities. 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). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, 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 in 
the next update to the SIP compilation.\5\
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    \5\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving changes to the Jefferson County portion of the 
Kentucky SIP included in a March 15, 2018, submittal. Specifically, EPA 
is approving the District's Regulation 6.07 version 4 into the SIP. The 
March 15, 2018, SIP revision makes minor and ministerial changes such 
as clarifying the applicability of the regulation, and includes more 
specific requirements for test methods and procedures for affected 
facilities. These changes are consistent with the CAA and EPA policy, 
and these rule adoptions will not interfere with attainment or 
maintenance of the national ambient air quality standards (NAAQS) or 
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 
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);
     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.
    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 2, 2019. Filing a petition for 
reconsideration by the

[[Page 52005]]

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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: September 17, 2019.
Mary S. Walker,
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(c), table 2 is amended under ``Reg 6-Standards of 
Performance for Existing Affected Facilities'' by revising the entry 
for ``6.07'' to read as follows:


Sec.  52.920  Identification of plan.

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    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                EPA                               District
        Reg              Title/subject        approval      Federal Register     effective       Explanation
                                                date             notice             date
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                        Reg 6--Standards of Performance for Existing Affected Facilities
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                                                  * * * * * * *
6.07...............  Standards of             10/1/2019  [Insert Federal          1/17/2018
                      Performance for                     Register citation].
                      Existing Indirect
                      Heat Exchangers.
 
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[FR Doc. 2019-20841 Filed 9-30-19; 8:45 am]
BILLING CODE 6560-50-P


