[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Rules and Regulations]
[Pages 34577-34579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12065]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0188; FRL-9775-02-R4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 
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 (NO<INF>X</INF>) and volatile organic compound (VOC) emissions. 
EPA is approving these changes as they are consistent with the Clean 
Air Act (CAA or Act).

DATES: This rule is effective July 7, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0188. 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: Sarah LaRocca, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#f49895869b979795da879586959cb4918495da939b82"><span class="__cf_email__" data-cfemail="f59994879a969694db869487949db5908594db929a83">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving changes to the Kentucky SIP that were received by 
EPA on March 4, 2020, and supplemented on January 28, 2022. Approval of 
this submission incorporates 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\ replaces in the SIP the existing Board Order issued by the Board 
for ASRC.
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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. Analysis of State Submission

    Three counties in the Louisville area (Jefferson County in Kentucky 
and Clark and Floyd Counties in Indiana) were designated as 
nonattainment for ozone on March 3, 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 NO<INF>X</INF>. Therefore, pursuant to 
section 182(f), RACT is a requirement, with certain exceptions 
described therein, for major sources of NO<INF>X</INF> in ozone 
nonattainment areas where VOC RACT applies.
    To comply with the NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> RACT and VOC RACT plans, which 
set forth RACT requirements for the source, including monitoring, 
recordkeeping, and reporting requirements, as attachments.
    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--

[[Page 34578]]

Amendment 1 on November 20, 2019. Board Order--Amendment 1 includes as 
an attachment a revised RACT plan that addresses RACT for both 
NO<INF>X</INF> 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 
NO<INF>X</INF> monitoring requirements that are better suited to the 
30-day rolling average NO<INF>X</INF> limit for the new boilers.
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    In a notice of proposed rulemaking (NPRM) published on April 26, 
2022, see 87 FR 24510, EPA proposed to approve changes to the Jefferson 
County portion of the Kentucky SIP provided on March 4, 2020, and 
supplemented on January 28, 2022. The April 26, 2022, NPRM provides 
additional detail regarding the background and rationale for EPA's 
action. Comments on the NPRM were due on or before May 26, 2022. No 
comments were received on this action.

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 Board Order--
Amendment 2, including the attached VOC/NO<INF>X</INF> RACT Plan, for 
ASRC, effective November 17, 2021, as discussed in Section II of this 
preamble. Also in this document, EPA is finalizing the removal of the 
Board Order for ASRC effective January 1, 2001, from the Kentucky SIP, 
which is incorporated by reference in accordance with the requirements 
of 1 CFR part 51. EPA has made, and will continue to make, the SIP 
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) section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, 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.\6\
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    \6\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the replacement of the existing Board Order in the 
Kentucky SIP for ASRC with Board Order--Amendment 2, including the 
attached VOC/NO<INF>X</INF> RACT Plan, for ASRC, effective November 17, 
2021, because it achieves at least the same level of NO<INF>X</INF> 
emission reductions as the previously SIP-approved Board Order and 
meets the VOC RACT requirements of Regulation 6.42. 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 
NO<INF>X</INF> and VOC emission reductions at the facility, and there 
are no potential air pollutant emission increases associated with this 
proposed SIP revision. EPA is approving these changes because they are 
consistent with SIP-approved Jefferson County Air Quality Regulation 
6.42 and with the CAA.

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:
    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 August 8, 2022. 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

[[Page 34579]]

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

    Dated: May 31, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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(d), amend the table by:
0
a. Removing the entry for ``Board Order American Synthetic Rubber 
Company''; and
0
b. Adding an entry at the end of the table for ``Board Order for the 
American Synthetic Rubber Company--Amendment 2''.
    The addition reads as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved Kentucky Source-Specific Requirements
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                                                       State
           Name of Source              Permit No.    effective      EPA approval date          Explanations
                                                       date
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                                                  * * * * * * *
Board Order for the American                  N/A   11/17/2021   6/7, 2022, [Insert       Including the attached
 Synthetic Rubber Company--Amendment                              citation of              VOC/NOX RACT Plan.
 2.                                                               publication].
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[FR Doc. 2022-12065 Filed 6-6-22; 8:45 am]
BILLING CODE 6560-50-P


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