24510 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Proposed Rules 

1A 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). 

2The 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). 

3EPA incorporated Regulation 6.42 into the 

Jefferson County portion of the Kentucky SIP on 

October 23, 2001. See 66 FR 53658. 

* * * * * 

[FR Doc. 2022–07891 Filed 4–25–22; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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/commentingepa-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 huey.joel@

epa.gov. 

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. 

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

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 sourcespecific 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.’’ 

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. 


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4The existing SIP-approved Board Order does not 

include VOC RACT requirements. 5Specifically, 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. 

6The 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. 

7Pursuant 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. 

8This 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. 

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. 

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

(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 tuneup 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. 

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 coalfired 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 IndustrialCommercial-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 


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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 SIPapproved 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 SIPapproved 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] 

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