59488 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 

C. Petitions for Judicial Review 

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 October 31, 2016. 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 pertaining to the 

regulations and requirements for the 

control of emissions from various 

processes and fuel-burning equipment 

from Kraft pulp mills, 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 12, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

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 V—Maryland 

■ 2. In § 52.1070, paragraph (c) table is 

amended by revising the entries for 

‘‘26.11.01.01’’, ‘‘26.11.09.08’’, 

‘‘26.11.14.06’’, and adding in numerical 

order the entry for ‘‘26.11.14.07’’to read 

as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c)* * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland Administrative Regulations 

(COMAR) citation 

Title/subject 

State 

effective 

date 

EPA Approval date Additional explanation/citation at 40 CFR 

52.1100 

26.11.01 General Administrative Provisions 

26.11.01.01 .................... Definitions ..................... 03/03/14 08/30/16 ........................ Revised definition of ‘‘NOX Ozone Season Allowance’’ and Conditional Approval of definition of 

‘‘NOX Ozone Season Allowance’’. 

* * * * * * * 

26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations 

*******

26.11.09.08 .................... Control of NOX Emissions for Major Stationary Sources.03/03/14 08/30/16 [Insert Federal 

Register citation].

Removed and relocated existing NOX RACT requirements under COMAR 26.11.14.07. Conditional Approval. 

* * * * * * * 

26.11.14 Control of Emissions From Kraft Pulp Mills 

*******

26.11.14.06. ................... Control of Volatile Organic Compounds.03/03/14 08/30/16 [Insert Federal 

Register citation].

Amended to clarify volatile organic compound 

(VOC) control system and requirements at 

Kraft pulp mills. Conditional Approval. 

26.11.14.07. ................... Control of NOX Emissions from Fuel Burning Equipment.

03/03/14 08/30/16 [Insert Federal 

Register citation].

Regulation Added. Conditional Approval. 

* * * * * * * 

* * * * * 

[FR Doc. 2016–20654 Filed 8–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0675; FRL–9951–59– 

Region 4] 

Air Plan Approval; Kentucky; Source 

Specific Revision for Louisville Gas 

and Electric 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 

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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 59489 

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. 2 62 FR 27968 (May 22, 1997). 

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: This rule will be effective 

September 29, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0675. 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 

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: 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. 

In a notice of proposed rulemaking 

(NPRM) published on June 15, 2016 (81 

FR 39002), EPA proposed to approve 

Kentucky’s February 13, 2013, 

submission, for the purpose of 

establishing emission requirements for 

the changeover from coal-fired units U4, 

U5 and U6 to a new NGCC generating 

unit U15 and auxiliary boiler U16 at the 

LG & E Cane Run Facility. No comments 

were received on the June 15, 2016, 

proposed rulemaking. The details of 

Kentucky’s submittal and the rationale 

for EPA’s actions are further explained 

in the NPRM. See 81 FR 39002 (June 15, 

2016). 

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 KY DAQ source-specific 

provision entitled ‘‘Air Pollution 

Control Board of Jefferson County Board 

Order—Amendment 2,’’ approved by 

LMAPCD on July 18, 2012. Therefore, 

this material has been approved by EPA 

for inclusion in the SIP, has been 

incorporated by reference by EPA into 

that plan, is 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 by the 

Director of the Federal Register in the 

next update to the SIP compilation.2

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) 

III. Final Action 

EPA is taking final action 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 revision 

includes emission requirements for the 

changeover from coal-fired units to 

natural gas-fired combined cycle EGUs 

and associated equipment. 

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. Accordingly, 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); 

• 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 

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59490 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 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 October 31, 2016. 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, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 17, 2016. 

Heather McTeer Toney, 

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(d) is amended by 

adding a new entry ‘‘LG & E Cane Run 

Generating Station NOX RACT Plan 

Amendment 2’’ at the end of the table 

to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No. 

State 

effective 

date 

EPA approval date Explanations 

*******

LG & E Cane Run Generating Station NOX RACT Plan Amendment 

2.

N/A ................................................... 7/18/2012 8/30/2016, [Insert citation of publication].

* * * * * 

[FR Doc. 2016–20656 Filed 8–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0096; FRL–9951–48– 

Region 9] 

Air Plan Approval; Reno, Nevada; 

Second 10-Year Carbon Monoxide 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the State of Nevada. On 

July 3, 2008, the EPA redesignated the 

Truckee Meadows area, consisting 

largely of the cities of Reno and Sparks 

in Washoe County, Nevada, from 

nonattainment to attainment for the 

carbon monoxide (CO) National 

Ambient Air Quality Standards 

(NAAQS) and approved the State’s plan 

addressing the area’s maintenance of the 

NAAQS for ten years. On November 7, 

2014, the State of Nevada submitted to 

the EPA a second maintenance plan for 

the Truckee Meadows area that 

addressed maintenance of the NAAQS 

through 2030. The EPA is now 

approving this second maintenance 

plan. The EPA is also finding adequate 

and approving transportation 

conformity motor vehicle emissions 

budgets (MVEBs) for the years 2015, 

2020, 2025 and 2030. We are taking 

these actions under the Clean Air Act 

(CAA or ‘‘the Act’’). 

DATES: This rule is effective on October 

31, 2016 without further notice, unless 

the EPA receives adverse comments by 

September 29, 2016. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

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