[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Proposed Rules]
[Pages 24510-24512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08866]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0188; FRL-9775-01-R4]


Air Plan Approval; Kentucky; Source Specific Changes for 
Jefferson County

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 Kentucky State Implementation Plan (SIP), 
submitted by the Commonwealth of Kentucky, through the Energy and 
Environment Cabinet (Cabinet), on March 4, 2020, and supplemented on 
January 28, 2022. The proposed changes were submitted on behalf of the 
Louisville Metro Air Pollution Control District (District), which has 
jurisdiction over Jefferson County, Kentucky, and make changes to a 
Reasonably Available Control Technology (RACT) determination for a 
specific major source of nitrogen oxides (NOX) and volatile 
organic compound (VOC) emissions. EPA is proposing to approve these 
changes as they are consistent with the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before May 26, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0188 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joel Huey, 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. Huey can be reached by telephone at (404) 562-9104 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. EPA's Proposed Action

    EPA is proposing to approve changes to the Kentucky SIP that were 
received by EPA on March 4, 2020 and supplemented on January 28, 2022. 
Approval of this submission would incorporate Board Order--Amendment 2, 
issued by the Air Pollution Control Board of Jefferson County (Board) 
for American Synthetic Rubber Company (ASRC), into the SIP. This 
amended Board Order \1\ would replace in the SIP the existing Board 
Order issued by the Board for ASRC. The amended Board Order and EPA's 
rationale for proposing to approve it into the SIP are described in 
detail below.
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    \1\ A Board Order issued by the Board is a regulatory instrument 
which specifies air pollution control limits or requirements for a 
specific source or company. See 66 FR 53665, 53671 (October 23, 
2001) (Response 2I).
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II. Background and EPA's Analysis of the Proposed Revisions

    Three counties in the Louisville area (Jefferson County in Kentucky 
and Clark and Floyd Counties in Indiana) were designated as 
nonattainment for ozone in March 1978 (43 FR 8962). On November 6, 1991 
(56 FR 56694), after the CAA Amendments of 1990 were enacted, Jefferson 
County and portions of Bullitt and Oldham Counties in Kentucky and the 
Indiana Counties of Clark and Floyd were designated as the Louisville 
Moderate ozone nonattainment area (Louisville Area) under section 
107(d)(4)(A) as a result of monitored violations of the 1979 1-hour 
ozone national ambient air quality standards (NAAQS) during 1987-
1989.\2\
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    \2\ The Louisville Area was subsequently redesignated to 
attainment for the 1979 1-hour ozone NAAQS. See 66 FR 53665 (October 
23, 2001). More recently, the Louisville Area was designated as 
Marginal nonattainment for the 2015 ozone NAAQS. See 83 FR 25776 
(June 4, 2018).
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    Section 182(b)(2) of the CAA requires states to adopt RACT for all 
major stationary sources of VOC in Moderate and above ozone 
nonattainment areas. Section 182(f) of the CAA requires that the same 
provisions for major stationary sources of VOC shall also apply to 
major stationary sources of NOX. Therefore, pursuant to 
section 182(f), RACT is a requirement, with certain exceptions 
described therein, for major sources of NOX in ozone 
nonattainment areas where VOC RACT applies.
    To comply with the NOx RACT requirement, which was a result of the 
Moderate nonattainment area designation for the 1-hour ozone NAAQS, the 
District submitted Jefferson County Air Quality Regulation 6.42, 
Reasonably Available Control Technology Requirements for Major Volatile 
Organic Compound- and Nitrogen Oxides-Emitting Facilities, to EPA 
approval.\3\ Regulation 6.42 requires the establishment and 
implementation of RACT, including the determination and demonstration 
of compliance with RACT, for certain emission units located at a major 
stationary source of NOX or VOC emissions and requires that 
each determination of RACT approved by the District be submitted to EPA 
as a source-specific revision to the Kentucky SIP. RACT is defined at 
paragraph 1.66 of District Regulation 1.02 as meaning ``devices, 
systems, process modifications, or other apparatus or techniques, 
including pollution prevention approaches, that are reasonably 
available taking into account the necessity of imposing those controls 
in order to attain and maintain a national ambient air quality standard 
and the social, environmental, and economic impact of those controls.''
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    \3\ EPA incorporated Regulation 6.42 into the Jefferson County 
portion of the Kentucky SIP on October 23, 2001. See 66 FR 53658.
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    As discussed in EPA's June 22, 2001 (66 FR 33505), proposal to 
redesignate the Louisville Area to attainment for the 1979 1-hour ozone 
NAAQS, Regulation 6.42 has been implemented in part by means of Board 
Orders adopted by the Air Pollution Control Board of Jefferson County. 
Such Board Orders contain NOX RACT and VOC RACT plans, which 
set forth RACT requirements for the source, including monitoring, 
recordkeeping, and reporting requirements, as attachments.

[[Page 24511]]

    ASRC, owned by Michelin North America, Inc., provides electrical 
power to its facility by operating two coal-fired boilers and two 
natural gas-fired boilers that are subject to the RACT requirements of 
Regulation 6.42. The original Board Order for ASRC was approved by the 
Board on December 20, 2000, and subsequently submitted to EPA as a 
source-specific revision to the Kentucky SIP. The Board Order, approved 
by EPA on October 23, 2001 (66 FR 53665), includes as an attachment a 
RACT plan which restricts the allowable emissions of NOX 
(expressed as NO2) from (coal-fired) Boiler No. 1 and Boiler 
No. 2 to 0.50 pound per million British thermal units (lb/MMBtu) of 
heat input each, based upon a 30-day rolling average and which applies 
at all times. The RACT plan also restricts allowable emissions of 
NOX (expressed as NO2) from (natural gas-fired) 
Boiler No. 3 and Boiler No. 4 to 0.20 lb/MMBtu of heat input each, 
which applies at all times.
    On August 1, 2019, ASRC submitted a proposed RACT plan to the 
District for three new boilers, referred to as Boilers B5, B6, and B7, 
that are planned to be constructed to replace the facility's existing 
Boiler Nos. 1, 2, 3, and 4. The Board approved Board Order--Amendment 1 
on November 20, 2019. Board Order--Amendment 1 includes as an 
attachment a revised RACT plan that addresses RACT for both 
NOX and VOC emissions.\4\ On March 4, 2020, the District, 
through the Cabinet, submitted a SIP revision to EPA to replace the 
existing Board Order for ASRC with Board Order--Amendment 1. On 
November 17, 2021, the Board approved Board Order--Amendment 2, which 
includes an updated RACT plan.\5\ On January 28, 2022, the District, 
through the Cabinet, submitted to EPA a supplement to the March 4, 
2020, SIP revision to replace Board Order--Amendment 1 with Board 
Order--Amendment 2.
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    \4\ The existing SIP-approved Board Order does not include VOC 
RACT requirements.
    \5\ Specifically, the RACT plan was updated to include revised 
NOX monitoring requirements that are better suited to the 
30-day rolling average NOX limit for the new boilers.
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    The revised RACT plan attached to Board Order--Amendment 2 contains 
two sections: Section A, which applies to the facility's existing 
boilers (Boiler Nos. 1, 2, 3, and 4), and Section B, which applies to 
the facility's planned new boilers (B5, B6, and B7). Section A consists 
of the same provisions as the original Board Order of December 20, 
2000, and includes the same NOX emission limits (summarized 
above) for the existing boilers that are currently incorporated into 
the SIP. EPA proposes approval of Section A of the revised RACT plan 
because it does not alter the existing SIP-approved provisions for 
Boiler Nos. 1, 2, 3, and 4.
    Section B of the revised RACT plan contains NOX RACT and 
VOC RACT provisions for the new boilers (B5, B6, and B7) that are 
planned to be constructed. To comply with the VOC RACT provisions of 
Regulation 6.42, Section B includes the following requirements, which 
were developed as part of the construction permit \6\ issued for the 
new boilers: \7\
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    \6\ The authority for ASRC to construct new boilers B5, B6 and 
B7 was approved by the District through issuance of construction 
permit C-0011-19-0028-V, issued on January 21, 2020. That permit is 
included in the docket for this proposed rulemaking, but the permit 
itself was not included in the SIP revision and EPA is not proposing 
to incorporate it into the SIP.
    \7\ Pursuant to the Board Order, Section A shall no longer apply 
to a boiler once ASRC provides written notification to the District 
that the boiler has been decommissioned.
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    (a) Paragraph 1.A. of Section B requires the VOC emissions from 
each Boiler (B5, B6, and B7) to be limited by implementation of good 
combustion and operating practices including the selection of efficient 
burners, implementation of combustion controls to optimize efficiency, 
and use of insulation media to minimize heat losses.
    (b) Paragraph 1.B. of Section B requires ASRC to comply with the 
tune-up requirements of 40 CFR 63.7540(a)(10) \8\ on an annual basis, 
prescribes six specific annual preventative maintenance steps, and 
requires the facility to maintain on-site and submit, if requested by 
the Administrator, a report containing information regarding burner 
efficiency before and after the tune-up of the boiler and a description 
of any corrective actions taken as a part of the tune-up.
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    \8\ This reference, 40 CFR 63.7540(a)(10), is from the 
continuous compliance provisions of 40 CFR part 63, subpart DDDDD--
National Emission Standards for Hazardous Air Pollutants for Major 
Sources: Industrial, Commercial, and Institutional Boilers and 
Process Heaters. Although boilers B5, B6, and B7 will be subject to 
the requirements of subpart DDDDD, Regulation 6.42 does not provide 
any exemption from the NOX and VOC RACT requirements of 
the SIP on this basis.
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    For NOX RACT, the District has adopted requirements that 
are similar to the existing SIP-approved requirements for Boiler Nos. 
1, 2, 3, and 4, but with significantly lower NOX emission 
limits. To comply with the NOX RACT provisions of Regulation 
6.42, Section B includes the following requirements for the new 
boilers:
    (a) Paragraph 2 of Section B provides that NOX emissions 
(expressed as NO2) are not to exceed 0.04 lb/MMBtu for each 
boiler, based upon a 30-day rolling average. This NOX limit 
for the three new natural gas-fired boilers is significantly more 
stringent than the current limits for the four existing boilers (i.e., 
0.50 lb/MMBtu for coal-fired Boilers Nos. 1 and 2 and 0.20 lb/MMBtu for 
natural gas-fired Boilers Nos. 3 and 4). In addition, the new boilers 
are to be rated at 200 MMBtu/hr each (totaling 600 MMBtu/hr of heat 
input capacity), while the boilers being replaced are rated at 212 
MMBtu/hr each for Boiler Nos. 1 and 2 and 99 MMBtu/hr each for Boiler 
Nos. 3 and 4 (totaling 622 MMBtu/hr of heat input capacity), therefore 
resulting in an overall decrease of 22 MMBtu/hr of total heat input 
capacity.
    (b) Paragraphs 3 and 4 of Section B are the same as paragraphs 5.A. 
and 5.B., respectively, of the existing approved Board Order for ASRC 
(except for referencing the new boiler numbers and the addition of a 
reference to the VOC RACT plan) and therefore do not represent a change 
to existing requirements currently incorporated into the SIP. These 
paragraphs pertain to NOX performance testing requirements.
    (c) Paragraph (5) of Section B requires ASRC to conduct an initial 
performance test and perform ongoing emissions verification on a 30-day 
rolling basis, pursuant to 40 CFR part 60, subpart Db, Standards of 
Performance for Industrial-Commercial-Institutional Steam Generating 
Units. After the initial compliance test, NOX emissions data 
shall be collected by installing, calibrating, maintaining, and 
operating either a continuous emissions monitoring system pursuant to 
40 CFR 60.48b(g)(1) or by predicting NOX emission rates 
pursuant to 40 CFR 60.48b(g)(2).
    (d) Paragraph 6 of Section B is the same as paragraph 5.C. of the 
existing approved Board Order for ASRC and therefore does not represent 
a change to existing requirements currently incorporated into the SIP. 
This paragraph pertains to NOX performance testing 
requirements.
    (e) Paragraphs 7 and 8 of Section B are new requirements to help 
improve boiler efficiency. Paragraph 7 requires the facility to perform 
and make a record of non-routine boiler maintenance activities, 
including inspection and maintenance of the fuel combustion system, 
inspection and optimization of the flame pattern, inspection and 
adjustment of the combustion control system, adjustment of the air-to-
fuel ratio, and inspection and adjustment of all other components of 
the boiler. These maintenance

[[Page 24512]]

activities shall be completed annually within 13 months of the previous 
maintenance cycle. Paragraph 8 requires ASRC to include in each semi-
annual report (required by paragraph 9) a summary of the non-routine 
boiler maintenance activities.
    (f) Paragraphs 9 and 10 of Section B are the same as paragraphs 6 
and 7, respectively, of the existing SIP-approved Board Order for ASRC 
(except for minor wording changes and that they now apply not just to 
NOX but also to VOC by virtue of the addition of the VOC 
RACT requirements) and therefore do not represent a change to existing 
requirements currently incorporated into the SIP. Paragraph 9 pertains 
to the requirement to keep a record identifying all deviations from the 
requirements of the NOX and VOC RACT plan and to submit 
semiannual deviation reports to the District. Paragraph 10 provides 
that the facility may comply with alternatives to the requirements of 
the NOX and VOC RACT plan, provided certain conditions are 
met, but that the District's approval of any such alternative 
requirements is not binding on EPA.
    In summary, EPA proposes to approve Board Order--Amendment 2, 
including the attached VOC/NOX RACT Plan, dated November 17, 
2021, and issued by the Board to ASRC to replace the existing Board 
Order for ASRC, and to incorporate Board Order--Amendment 2 into the 
SIP because it achieves at least the same level of NOX 
emission reductions as the previously SIP-approved Board Order and 
meets the VOC RACT requirements of Regulation 6.42 (discussed in 
Section II, above). ASRC's replacement of two existing coal-fired 
boilers and two existing natural gas-fired boilers with three new 
natural gas-fired boilers will achieve NOX and VOC emission 
reductions at the facility, and there are no potential air pollutant 
emission increases associated with this proposed SIP revision. EPA is 
proposing to approve these changes because they are consistent with 
SIP-approved Jefferson County Air Quality Regulation 6.42 and with the 
CAA.

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 Board Order--Amendment 2, including the attached VOC/
NOX RACT Plan, for ASRC effective November 17, 2021. Also, 
in this document, EPA is proposing to remove the Board Order for ASRC 
effective January 1, 2001, from the Kentucky State Implementation Plan, 
which is incorporated by reference in accordance with the requirements 
of 1 CFR part 51. EPA has made, and will continue to make, the State 
Implementation Plan generally available 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 replace the existing Board Order in the 
Kentucky SIP for ASRC with Board Order--Amendment 2, including the 
attached VOC/NOX RACT Plan, for ASRC effective November 17, 
2021, for the reasons stated above.

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, these proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Reposting and 
recordkeeping requirements, Ozone, Nitrogen oxides, Volatile organic 
compounds.

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

    Dated: April 19, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-08866 Filed 4-25-22; 8:45 am]
BILLING CODE 6560-50-P


