39002 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules 

1Amendment 2 of the February 13, 2013, 

submittal includes a Dew Point Heater (U17). In 

2014, LG&E notified LMAPCD that LG&E is not 

installing U17 after all. 

2Permitted, maximum, allowable NOX emissions 

for any consecutive 12 month period. 3Permitted, maximum, allowable VOC emissions 

for any consecutive 12 month period. 

4Odam, Talat, and Zac Adelman. Emissions and 

Air Quality Modeling for SEMAP. Georgia Institute 

of Technology Environmental Engineering 

Department, the University of North Carolina 

Institute for the Environment and the Colorado 

State University Cooperative Institute for Research 

in the Atmosphere. October 15, 2014. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0675; FRL–9947–61– 

Region 4] 

Air Plan Approval; Kentucky; Source 

Specific Revision for Louisville Gas 

and Electric 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Kentucky through its 

Energy and Environment Cabinet, 

Department of Environmental 

Protection, Division for Air Quality (KY 

DAQ) on February 13, 2013, for the 

purpose of establishing emission 

requirements for the changeover from 

coal-fired units U4, U5 and U6 to a new 

natural gas-fired combined cycle 

(NGCC) generating unit U15 and 

auxiliary boiler U16 at the Louisville 

Gas and Electric Company, Cane Run 

Generating Station (LG & E Cane Run 

Facility). 

DATES: Comments must be received on 

or before July 15, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0675 at http://

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 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann of 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. Ms. 

Spann may be reached by telephone at 

(404) 562–9029 or via electronic mail at 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Ozone is created when chemical 

reactions between volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX) occur in the presence of sunlight. 

Ozone is reduced by reducing VOC and 

NOX emissions. The Louisville Metro 

Air Pollution Control District 

(LMAPCD) adopted regulation 6.42 

Reasonably Available Control 

Technology Requirements for Major 

Volatile Organic Compound and 

Nitrogen Oxides Emitting Facilities on 

February 2, 1994. LMAPCD’s regulation 

6.42 was submitted to EPA, through the 

Commonwealth of Kentucky, on May 

21, 1999. On October 23, 2001, EPA 

approved LMAPCD’s regulation 6.42, 

section 4.4 of which requires LMAPCD 

to submit each source-specific 

reasonably available control technology 

(RACT) determination to EPA for 

approval into the Kentucky SIP. See 66 

FR 53658. On the same date, EPA 

approved the NOX RACT plan for LG & 

E’s Cane Run Facility into the SIP. See 

66 FR 53684. 

On June 13, 2011, LG & E submitted 

to the Air Pollution Control Board of 

Jefferson County (Board) an application 

for a permit to construct a new NGCC 

generating unit U15 and auxiliary boiler 

U16 and retire coal-fired units U4, U5 

and U6 at LG & E’s Cane Run Facility 

to comply with other federal 

requirements, including the Mercury & 

Air Toxics Standards and the CrossState Air Pollution Rule.1 In response, 

on July 18, 2012, the Board adopted 

Amendment 2 establishing NOX

emission rates for the new units. On 

February 13, 2013, KY DAQ, on behalf 

of LMAPCD, submitted a SIP revision 

for EPA to approve the LG & E Cane Run 

Generating Station NOX RACT Plan 

Amendment 2 into the Kentucky SIP. 

The LG & E Cane Run Generating 

Station NOX RACT Plan Amendment 2 

includes two parts: Part 1, the existing 

NOX RACT Plan for the coal-fired units, 

which will remain in effect until those 

units are retired; and Part 2, the plan 

that will become effective upon the start 

of operation of the NGCC facility and 

the shut-down of the coal-fired units. 

II. Analysis of State Submittal 

CAA section 110(l) does not allow 

approval of a SIP revision if the revision 

would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA. On 

May 19, 2015, LMAPCD submitted 

supplemental information regarding the 

February 13, 2013, submittal to address 

CAA section 110(l). The May 19, 2015, 

supplemental document compares the 

NOX and VOC emissions from the coalfired electric generation units (EGUs) 

(U4, U5 and U6) to those from the new 

NGCC generating unit U15 and auxiliary 

boiler U16. The comparison shows that 

substitution of NGCC units for the coalfired EGUs will cause a reduction of 

11,660 tons per year (tpy) of NOX

allowable emissions.2 It also indicates a 

possible increase of 25.2 tpy of VOC 

allowable emissions.3

The Louisville area is currently in 

compliance with the ozone national 

ambient air quality standards (NAAQS). 

To demonstrate that the potential VOC 

increase of 25.2 tpy would not interfere 

with the area’s ongoing attainment of 

the ozone NAAQS, LMAPCD conducted 

an analysis of ozone sensitivity based on 

data from monitors in the Louisville 

Metropolitan Statistical Area and a 

region-wide modeling project known as 

the ‘‘Southeastern Modeling, Analysis, 

and Planning’’ (SEMAP).4 The analysis 

compared the tons per day of ozone 

reduced based on NOX reductions and 

based on VOC reductions and 

determined that NOX emission 

reductions in the Louisville region are 2 

to 16 times more effective than VOC 

emission reductions at reducing ozone 

concentrations. Based on this analysis, 

LMAPCD determined that a 25-ton 

increase in VOC emissions can be offset 

with a reduction in NOX emissions of as 

much as 400 tons to as little as 50 tons. 

Therefore, LMAPCD concluded that the 

potential increase in VOC of 25.2 tpy 

from the Cane Run facility is offset by 

the concurrent 11,660 tpy reduction in 

NOX. EPA has preliminarily determined 

that the new NOX RACT plan associated 

with Cane Run’s change from coal-fired 

to natural gas-fired units meets the 


ehiers on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules 39003 

requirements of CAA section 110(l). 

Thus, EPA is proposing to approve the 

February 13, 2013, SIP submittal into 

the federally-approved SIP. This area is, 

as noted above, in compliance with the 

ozone NAAQS and there is no 

indication that this proposed action will 

cause interference with compliance 

with the fine particulate matter or 

nitrogen dioxide NAAQS. 

III. Incorporation by Reference 

In this rule, 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 

the KY DAQ source-specific provision 

entitled ‘‘Air Pollution Control Board of 

Jefferson County Board Order— 

Amendment 2,’’ approved by LMAPCD 

on July 18, 2012. EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the EPA Region 4 office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve the 

February 13, 2013, Kentucky SIP 

revision which adds LG & E Cane Run 

Generating Station NOX RACT Plan 

Amendment 2 to the federally-approved 

Kentucky SIP. This SIP includes 

emission requirements for the 

changeover from coal-fired units to 

natural gas-fired combined cycle EGUs 

and associated equipment. 

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 proposed 

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 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); 

• 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: June 1, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2016–14032 Filed 6–14–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Part 5 

RIN 0991–AC04 

Freedom of Information Regulations 

AGENCY: Office of the Secretary, 

Department of Health and Human 

Services (HHS). 

ACTION: Proposed rule. 

SUMMARY: The Department of Health and 

Human Services (HHS) is proposing to 

revise and republish its regulations 

implementing the Freedom of 

Information Act (FOIA). The regulations 

are being revised in order to incorporate 

changes made to the FOIA by the 

Openness Promotes Effectiveness in our 

National Government Act of 2007 

(OPEN Government Act) and the 

Electronic FOIA Act of 1996 (E–FOIA 

Act). Additionally, the regulations are 

being updated to reflect changes to the 

organization, to make the FOIA process 

easier for the public to navigate, to 

update HHS’s fee schedule, and to make 

provisions clearer. Because of the 

numerous changes to the organization 

and to the headings, the regulations are 

being republished in their entirety. 

DATES: Submit comments on or before 

August 15, 2016. 

ADDRESSES: You may submit comments 

via the Federal eRulemaking Portal at 

www.regulations.gov. In addition, please 

include the Docket ID at the top of your 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Michael Marquis, Michael Bell, Deborah 

Peters, and/or Brandon Lancey by email 

to: HHS.ACFO@hhs.gov. These 

individuals also can be reached by 

telephone at 202–690–7453. 

SUPPLEMENTARY INFORMATION: This rule 

proposes revisions to the Department’s 

regulations implementing the Freedom 

of Information Act (FOIA), 5 U.S.C. 552. 

The Department’s FOIA regulations 

were last revised on November 23, 1988. 

Since that time, there have been major 

changes to the FOIA through the 

passage of the Openness Promotes 

Effectiveness in our National 

Government Act of 2007 (OPEN 

Government Act) (Pub. L. 110–175, 121 

Stat. 2524) and the Electronic Freedom 

of Information Act Amendments of 1996 

(E–FOIA Act) (Pub. L. 104–231, 110 

Stat. 3048). This revision proposes to 

update the regulations to make them 

consistent with the OPEN Government 

Act and the E–FOIA Act. In addition, 

these regulations are being updated to 


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