47376 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

and local officers designated by or 

assisting the COTP Key West in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the COTP Key West or a 

designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety zone may 

contact the COTP Key West by 

telephone at (305) 292–8727, or a 

designated representative via VHF–FM 

radio on channel 16 to request 

authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Key West or a designated 

representative. 

(d) Enforcement period. This rule will 

be enforced from 5 p.m. on October 5, 

2017 through 8 a.m. on December 1, 

2017, unless sooner terminated by the 

COTP Key West. 

Dated: October 5, 2017. 

Jeffrey A. Janszen, 

Captain, U.S. Coast Guard, Captain of the 

Port Key West. 

[FR Doc. 2017–22040 Filed 10–11–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0356; FRL–9963–19– 

Region 4] 

Air Plan Approval; KY; Miscellaneous 

Source Specific Revisions for 

Jefferson County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Kentucky State 

Implementation Plan (SIP), submitted 

by the Commonwealth of Kentucky, 

through the Kentucky Division for Air 

Quality (KDAQ), on March 21, 2011, 

October 29, 2013, October 28, 2016, and 

March 24, 2017. The revisions were 

submitted by KDAQ on behalf of the 

Louisville Metro Air Pollution Control 

District, which has jurisdiction over 

Jefferson County, Kentucky. The 

revisions include changes to Jefferson 

County Regulations regarding 

Reasonably Available Control 

Technology (RACT) for two major 

sources of nitrogen oxides (NOx) and 

the removal of a volatile organic 

compounds (VOC) bubble rule. 

DATES: This rule will be effective 

November 13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0356. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not 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: Joel 

Huey, 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 or Andres 

Febres, 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. Mr. Huey 

can be reached by telephone at (404) 

562–9104 or via electronic mail at 

huey.joel@epa.gov. Mr. Febres can be 

reached by telephone at (404) 562–8966 

or via electronic mail at febresmartinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In an August 10, 2017, proposed 

rulemaking, EPA proposed to approve 

changes to the Jefferson County portion 

of the Kentucky SIP that were received 

by EPA on March 21, 2011. 82 FR 

37375. The August 10, 2017, rulemaking 

proposed to approve the March 21, 

2011, SIP revision with modifications 

made through three addition submittals 

received by EPA on October 29, 2013, 

October 28, 2016, and March 24, 2017. 

Approval of Kentucky’s March 21, 2011, 

submission, with the modifications from 

the October 29, 2013, October 28, 2016, 

and March 24, 2017, submissions, 

would: (1) Make several changes to 

Regulation 6.29, Standard of 

Performance for Graphic Arts Facilities 

Using Rotogravure or Flexographic 

Printing; (2) remove Regulation 7.57, 

Standard of Performance for New 

Graphic Arts Facilities Using 

Rotogravure or Flexographic Printing; 

(3) incorporate Amendment 4 to the 

Louisville Medical Steam Plant NOX

RACT Board Order into the Jefferson 

County portion of the Kentucky SIP; (4) 

incorporate Amendment 3 to the Texas 

Gas Transmission NOX RACT Board 

Order into the Jefferson County portion 

of the Kentucky SIP; and (5) remove a 

VOC bubble rule for the General Electric 

plant in Louisville, Kentucky. The 

details of Kentucky’s SIP revisions and 

the rationale for EPA’s action are 

explained in the proposed rulemaking. 

Comments on the proposed rulemaking 

were due on or before September 11, 

2017. EPA did not receive any 

comments on the proposed action, 

adverse or otherwise. 

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 Jefferson County’s 

Regulation 6.29, Standard of 

Performance for Graphic Arts Facilities 

Using Rotogravure or Flexographic 

Printing, effective August 21, 2013; 

‘‘Board Order Texas Gas Transmission’’ 

NOX RACT Plan, effective May 18, 2016; 

and ‘‘Board Order Louisville Medical 

Center Steam Plant’’ NOX RACT Plan, 

effective January 18, 2017. 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 into 

Kentucky’s SIP, have been incorporated 

by reference by EPA into that plan, are 

fully federally-enforceable under 

sections 110 and 113 of the Clean Air 

Act (CAA or Act) 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.1


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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47377 

III. Final Actions 

EPA is taking final action to approve 

changes to the Jefferson County Air 

Quality Regulations portion of the 

Kentucky SIP. The requested revisions 

were provided by KDAQ to EPA on 

March 21, 2011, October 29, 2013, 

October 28, 2016, and March 24, 2017. 

The changes being approved: (1) Modify 

Regulation 6.29, (2) remove Regulation 

7.57, (3) incorporate Amendment 4 to 

the NOX RACT Board Order for the 

Louisville Medical Center Steam Plant 

into the Jefferson County portion of the 

Kentucky SIP, (4) incorporate 

Amendment 3 to NOX RACT Board 

Order for the Texas Gas Transmission 

facility into the Kentucky SIP, and (5) 

remove the VOC bubble rule for the 

General Electric plant in Louisville, 

Kentucky. EPA believes these changes 

are consistent with the requirements of 

the CAA. 

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. 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, 

these 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. 

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 December 11, 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, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 28, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

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, Table 2, is 

amended: 

■ a. In paragraph (c), by revising the 

entry for ‘‘6.29,’’ under the heading 

‘‘Reg 6–Standards of Performance for 

Existing Affected Facilities’’; 

■ b. In paragraph (c), by removing the 

entry for ‘‘7.57,’’ under the heading 

‘‘Reg 7–Standards of Performance for 

New Affected Facilities’’; 

■ c. In paragraph (d), by removing the 

entry for ‘‘Bubble action at General 

Electric in Louisville’’; and 

■ d. In paragraph (d), by revising the 

entries for ‘‘Board Order Louisville 

Medical Center Steam Plant’’, and 

‘‘Board Order Texas Gas Transmission.’’ 

The revisions read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

* * * * * 

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATION FOR KENTUCKY

Reg Title/subject EPA approval 

date Federal Register notice District effective date Explanation 

*******

Reg 6—Standards of Performance for Existing Affected Facilities 


jstallworth on DSKBBY8HB2PROD with RULES
47378 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

1Areas designated as mandatory Class I federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977 (42 U.S.C. 

7472(a)). These areas are listed at 40 CFR part 81, 

subpart D. 

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATION FOR KENTUCKY—Continued 

Reg Title/subject EPA approval 

date Federal Register notice District effective date Explanation 

*******

6.29 .................................... Standards of Performance 

for Existing Graphic Arts 

Facilities Using Rotogravure and Flexography.

10/12/2017 [Insert citation of publication].8/21/2013 

* * * * * * * 

(d) * * * 

EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No. State effective 

date EPA approval date Explanations 

*******

Board Order Louisville Medical 

Center Steam Plant.

NOX RACT Plan 1/18/2017 ........ 1/18/2017 10/12/2017, [Insert citation of 

publication].

* * * * * * * 

Board Order Texas Gas Transmission.NOX RACT Plan 5/18/2016 ........ 5/18/2016 10/12/2017, [Insert citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2017–21943 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0462; FRL–9969– 

26—Region 4] 

Air Plan Approval; Kentucky; Regional 

Haze Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Kentucky through 

the Kentucky Energy and Environment 

Cabinet, Division of Air Quality (KDAQ) 

on September 17, 2014. Kentucky’s 

September 17, 2014, SIP revision 

(Progress Report) addresses 

requirements of the Clean Air Act (CAA 

or Act) and EPA’s rules that require 

each state to submit periodic reports 

describing progress towards reasonable 

progress goals (RPGs) established for 

regional haze and a determination of the 

adequacy of the state’s existing SIP 

addressing regional haze (regional haze 

plan). EPA is finalizing approval of 

Kentucky’s determination that the 

Commonwealth’s regional haze plan is 

adequate to meet these RPGs for the first 

implementation period covering 

through 2018 and requires no 

substantive revision at this time. 

DATES: This rule will be effective 

November 13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0462. 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: 

Michele Notarianni, 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. 

Notarianni can be reached by phone at 

(404) 562–9031 and via electronic mail 

at notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

States are required to submit a 

progress report in the form of a SIP 

revision during the first implementation 

period that evaluates progress towards 

the RPGs for each mandatory Class I 

federal area 1 (Class I area) within the 

state and for each Class I area outside 

the state which may be affected by 

emissions from within the state. 40 CFR 

51.308(g). In addition, the provisions of 

40 CFR 51.308(h) require states to 

submit, at the same time as the 40 CFR 


jstallworth on DSKBBY8HB2PROD with RULES