Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40701 

1 In 2003, the City of Louisville and Jefferson 

County governments merged and the ‘‘Jefferson 

County Air Pollution Control District’’ was renamed 

the ‘‘Louisville Metro Air Pollution Control 

District.’’ However, each of the regulations in the 

Jefferson County portion of the Kentucky SIP still 

has the subheading ‘‘Air Pollution Control District 

of Jefferson County.’’ Thus, to be consistent with 

the terminology used in the SIP, EPA refers 

throughout this notice to regulations contained in 

Jefferson County portion of the Kentucky SIP as the 

‘‘Jefferson County’’ regulations. 

2EPA did not approve the addition of definitions 

for the terms ‘‘acute noncancer effect,’’ ‘‘cancer,’’ 

‘‘carcinogen,’’ and ‘‘chronic noncancer effect,’’ 

because these definitions are not related to the 

National Ambient Air Quality Standards (NAAQS). 

See 81 FR 87815. 

■ b. Redesignate the current second (d) 

paragraph as new paragraph (e); and 

■ c. Remove the semicolon at the end of 

the newly redesignated paragraph (f) 

introductory text and add a colon in its 

place. 

[FR Doc. 2017–18037 Filed 8–25–17; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0004; FRL–9966–94– 

Region 4] 

Air Plan Approval; Kentucky; 

Revisions to Jefferson County 

Emissions Monitoring and Reporting 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: On March 22, 2011, and April 

20, 2011, the Commonwealth of 

Kentucky, through the Kentucky 

Division for Air Quality (KDAQ), 

submitted revisions to the Kentucky 

State Implementation Plan (SIP) on 

behalf of the Louisville Metro Air 

Pollution Control District (District). The 

Environmental Protection Agency (EPA) 

is approving the April 20, 2011, 

submittal and the portions of the March 

22, 2011, submittal concerning changes 

to the District’s stationary source 

emissions monitoring and reporting 

requirements because the 

Commonwealth has demonstrated that 

these changes are consistent with the 

Clean Air Act (CAA or Act). 

DATES: This rule will be effective 

September 27, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0004. 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: 

Richard Wong, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street SW., Atlanta, Georgia 

30303–8960. Mr. Wong can be reached 

by phone at (404) 562–8726 or via 

electronic mail at wong.richard@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In this rulemaking, EPA is approving 

certain changes related to the District’s 

stationary source emissions monitoring 

and reporting requirements in 

Regulation 1.06 1 in the March 22, 2011, 

and April 20, 2011, SIP revisions. This 

regulation provides the District with the 

authority to require emissions 

monitoring at stationary sources and 

requires certain sources to maintain 

emissions records and provide annual 

emissions statements to the District. It 

does not impose any emissions limits or 

control requirements on any emissions 

source. The March 22, 2011, submission 

also included changes to Jefferson 

County Regulation 1.02—Definitions; 

Regulation 3.01—Ambient Air Quality 

Standards; Regulation 3.02— 

Applicability of Ambient Air Quality 

Standards; Regulation 3.03— 

Definitions; Regulation 3.04—Ambient 

Air Quality Standards; and Regulation 

3.05—Methods of Measurement. EPA 

approved these changes, with the 

exception of the requested addition of 

certain definitions in Regulation 1.02, 

on December 6, 2016 (81 FR 87815).2

The March 22, 2011, submission also 

included changes to Regulation 1.07— 

Emissions During Startups, Shutdowns, 

Malfunctions and Emergencies. EPA 

approved the changes to Regulation 1.07 

on June 10, 2014 (79 FR 33101). The 

April 20, 2011, submission revises only 

Regulation 1.06. 

II. EPA’s Analysis of Kentucky’s SIP 

Revisions 

A. March 22, 2011, Submittal 

The March 22, 2011, SIP submission 

contains a version of Regulation 1.06 

adopted by the District on June 21, 2005 

(referred to as ‘‘Version 7’’ by the 

District) and a version of Regulation 

1.06 adopted by the District on 

September 21, 2005 (referred to as 

‘‘Version 8’’). The version currently 

incorporated into the SIP is referred to 

as ‘‘Version 6’’ (District effective on 

December 15, 1993). See 65 FR 53660 

(October 23, 2001). Collectively, 

Versions 7 and 8 change the heading of 

Regulation 1.06 to ‘‘Stationary Source 

Self-Monitoring, Emissions Inventory 

Development, and Reporting,’’ and 

change aspects of Section 1—‘‘In Stack 

Self-Monitoring and Reporting’’ 

(including a change in the title to ‘‘InStack Self-Monitoring and Reporting); 

Section 2—‘‘Ambient Air Monitoring’’; 

and Section 3—‘‘Emissions and Related 

Data Reporting’’ (including a change in 

the title to ‘‘Provisions for Section 4 and 

Section 5 Emissions Data’’). The 

submission adds four new sections: 

Section 4—‘‘Emissions Data for Criteria 

Pollutants, HAPs, and Ammonia’’; 

Section 5—‘‘Enhanced Emissions Data 

for Toxic Air Contaminants’’; Section 

6—‘‘Certification by a Responsible 

Official’’; and Section 7— 

‘‘Confidentiality and Open Records 

Requirements.’’ The changes to the 

heading of Regulation 1.06, the changes 

to Sections 1 and 2, and the addition of 

Sections 6 and 7 are administrative in 

nature. The changes to Section 3 modify 

and add provisions regarding emissions 

reporting data requirements, methods of 

emissions calculations, and stationary 

source emissions statements, and 

remove outdated reporting dates; the 

addition of Section 4 details 

requirements for submitting emissions 

statements on an annual basis for 

particulate matter, sulfur dioxide, 

carbon monoxide, nitrogen dioxide, 

lead, ozone precursor emissions of 

volatile organic compounds and oxides 

of nitrogen, ammonia, and hazardous air 

pollutants; and Section 5 contains 

requirements for enhanced emissions 

statements for listed ‘‘toxic air 

contaminants.’’ Because the reporting of 

toxic air contaminants is not related to 

the National Ambient Air Quality 

Standards (NAAQS) for the criteria 

pollutants, EPA is not acting on Section 


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40702 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 

3The criteria pollutants are particulate matter, 

sulfur dioxide, carbon monoxide, nitrogen dioxide, 

lead, and ground-level ozone. 4 62 FR 27968 (May 22, 1997). 

5.3 EPA is approving the changes to 

Regulation 1.06 contained in the March 

22, 2011, SIP revision, with the 

exception of Section 5 and references to 

Section 5 located in Section 3, to the 

extent that these changes are not 

superseded by the changes in the April 

20, 2011, submittal discussed below. 

B. April 20, 2011, Submittal 

The April 20, 2011, SIP submission 

contains a version of Regulation 1.06 

adopted by the District on January 19, 

2011 (referred to as ‘‘Version 9’’ by the 

District). After acknowledging that the 

District had sent Versions 7 and 8 to 

Kentucky for submittal to EPA, the 

District requests that EPA incorporate 

Version 9 into the SIP and identifies 

changes in Regulation 1.06 between 

Version 8 and Version 9. Version 9 

revises Version 8 by changing aspects of 

Section 1 (including a change in the title 

to ‘‘Stack Monitoring and Reporting’’); 

Section 2 (including a change in title to 

‘‘Ambient Air Monitoring and 

Reporting’’); Section 3 (including a 

change in the title to ‘‘Requirements for 

Section 4 and Section 5 Emissions 

Statements’’); Section 4 (including a 

change in the title to ‘‘Emissions 

Statements for Criteria Pollutants, 

HAPs, and Ammonia’’); Section 5 

(including a change to the title to 

‘‘Emissions Statements for Toxic Air 

Contaminants’’); and Section 6. Version 

9 also eliminates Section 7. The 

submitted changes clarify and 

streamline the monitoring, 

recordkeeping, and reporting 

requirements for stationary sources by 

deleting and combining redundant and 

outdated provisions. The changes to 

Section 4 also modify the emissions 

threshold for sources to submit annual 

emissions statements to the District. For 

the reasons discussed above, EPA is not 

acting on Section 5 or on the references 

to Section 5 located in Section 3. 

EPA has determined that the changes 

to Regulation 1.06 in the March 22, 

2011, and April 20, 2011, SIP 

submissions are consistent with the 

CAA. The text of the regulation in the 

SIP will reflect Version 9, with the 

exception of Section 5 and any 

references to Section 5 located in 

Section 3. 

In a notice of proposed rulemaking 

(NPRM) published on June 29, 2017 (82 

FR 29467), EPA proposed to approve the 

changes to Regulation 1.06 in the March 

22, 2011, and April 20, 2011, SIP 

submissions as described above. The 

rationale for EPA’s actions are further 

explained in the NPRM. Comments on 

the proposed rulemaking were due on or 

before July 31, 2017. EPA received no 

adverse comment on the proposed 

action. 

III. 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 Jefferson County 

Regulation 1.06—Stationary Source 

Self-Monitoring, Emissions Inventory 

Development, and Reporting, District 

effective on January 19, 2011, with the 

exception of Section 5 and any 

references to Section 5 located in 

Section 3. 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). 

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 by the 

Director of the Federal Register in the 

next update to the SIP compilation.4

IV. Final Action 

EPA is taking final action to approve 

Kentucky’s March 22, 2011, and April 

20, 2011, SIP revisions as discussed in 

Section II, above. The text of Jefferson 

County Regulation 1.06—Stationary 

Source Self-Monitoring, Emissions 

Inventory Development, and Reporting 

in the SIP will reflect the version of the 

rule effective on January 19, 2011 

(Version 9) with the exception of 

changes to Section 5 and any references 

to Section 5 located in Section 3. 

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 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 

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 Clean Air Act; 

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 


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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40703 

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 27, 2017. 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, 

Lead, Nitrogen dioxide, Sulfur dioxide, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: August 16, 2017. 

V. Anne Heard, 

Acting 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. In § 52.920, table 2 in paragraph (c) 

is amended by revising the entry ‘‘1.06’’ 

to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject EPA approval 

date Federal Register notice 

District 

effective 

date 

Explanation 

Reg 1—General Provisions 

*******

1.06 ..... Stationary Source Self-Monitoring, Emissions Inventory 

Development, and Reporting.

8/28/17 [insert Federal Register citation].1/19/2011 Revision approved except section 5 and any references to 

section 5 located in section 

3. 

*******

* * * * * 

[FR Doc. 2017–18087 Filed 8–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0052; FRL–9966–78– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Major New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Commonwealth of Virginia state 

implementation plan (SIP). The 

revisions amend Virginia’s major source 

New Source Review (NSR) regulations 

to make them consistent with the 

federal program. EPA is approving these 

revisions to the Virginia SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

September 27, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2016–0052. All 

documents in the docket are listed on 

the https://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) 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 through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 18, 2017 (73 FR 18272), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. In the NPR, 

EPA proposed approval of revisions to 

Virginia’s NSR regulations. On October 

16, 2015, the Commonwealth of Virginia 

through the Virginia Department of 

Environmental Quality (VADEQ), 

submitted a formal revision to the 

Virginia SIP. The SIP revision consists 

of amendments to the preconstruction 

permit requirements under VADEQ’s 

major NSR permit program. The 

revision affects sources subject to 

VADEQ’s Prevention of Significant 

Deterioration (PSD) program, which 

applies in areas which are in attainment 

with (or unclassifiable for) the national 

ambient air quality standards (NAAQS), 

as well as affecting sources subject to its 

nonattainment NSR permit program, 

applicable in areas not in attainment 

with the NAAQS. By letter dated March 

1, 2017, VADEQ officially withdrew a 

small and specific portion of the 

October 16, 2015 submittal from 

consideration for approval into the 

Virginia SIP. A copy of the letter has 

been included in the docket for this 

action. Further discussion of the 

withdrawal is provided in section II.A 

of this notice. 

II. Summary of SIP Revision and EPA 

Analysis 

As discussed in the NPR, the October 

16, 2015 SIP submittal revision (as 


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