Air Plan Approval; KY; Existing Indirect Heat Exchangers for Jefferson County

Federal Register, Volume 84 Issue 140 (Monday, July 22, 2019)
[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Proposed Rules]
[Pages 35052-35054]
From the Federal Register Online via the Government Publishing Office []
[FR Doc No: 2019-15418]
40 CFR Part 52
[EPA-R04-OAR-2019-0278; FRL-9996-91-Region 4]
Air Plan Approval; KY; Existing Indirect Heat Exchangers for
Jefferson County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection Agency (EPA or Agency) is
proposing to approve revisions to the Jefferson County portion of the
Kentucky State Implementation Plan (SIP), submitted by the Commonwealth
of Kentucky, through the Energy and Environment Cabinet (Cabinet),
through a letter dated March 15, 2018. The revisions were submitted by
the Cabinet on behalf of the Louisville Metro Air Pollution Control
District (District, also referred to herein as Jefferson County). The
SIP revision includes changes to Jefferson County Regulations regarding
existing indirect heat exchangers.
DATES: Comments must be received on or before August 21, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0278 at Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from 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
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. Mr. Akers can be
reached via electronic mail at [email protected] or via telephone at
(404) 562-9089.
I. What action is EPA proposing?
    EPA is proposing to approve changes to the Jefferson County portion
of the Kentucky SIP that were provided to EPA through KDAQ via a letter
dated March 15, 2018.1 2 EPA is proposing to approve the
portions of this SIP revision that make changes to the District's
Regulation 6.07, Standards of Performance for Existing Indirect Heat
Exchangers.\3\ The March 15, 2018, SIP revision makes minor and
ministerial changes to Regulation 6.07 that do not alter the meaning of
the regulation or the emissions levels for sources regulated under the
Jefferson County Regulations, such as clarifying changes to its
applicability. In addition, the changes strengthen the SIP by adding
specific test methods and procedures applicable to existing indirect
heat exchangers. The SIP revision updates the current SIP-approved
version of Regulation 6.07 (version 3) to version 4. The changes to
this rule and EPA's rationale for proposing approval are described in
more detail in Section II.
    \1\ EPA notes that the Agency received the SIP revision on March
23, 2018.
    \2\ 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.'' See The History of Air Pollution Control in Louisville,
available at 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, we refer throughout this notice to
regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
    \3\ EPA notes that the Agency received several submittals
revising the Jefferson County portion of the Kentucky SIP
transmitted with the same March 15, 2018, cover letter. EPA will be
considering action for these other SIP revisions in separate
II. EPA's Analysis of the State Submittal
    As mentioned in Section I of this proposed action, the portion of
Jefferson County's March 15, 2018, SIP revision that EPA is proposing
to approve makes changes to Jefferson County Air Quality Regulations at
Regulation 6.07, Standards of Performance for Existing Indirect Heat
    The changes to Section 1, Applicability, and Section 2,
Definitions, are intended to provide consistency with other Jefferson
County Air Quality Regulations by defining the affected facility within
the Definitions section and relying on that definition in the
Applicability section. Specifically, Section 1 of the current SIP-
approved version of Regulation 6.07 (version 3) provides that this
regulation apply to indirect heat exchangers at or above 1 million
British thermal units per hour (MMBtu/hr) that ``was in being or under
construction before April 19, 1972.'' The amendments included in the
March 15, 2018, SIP revision simplify Section 1, Applicability, to
refer to affected facilities ``in being or commenced construction,
modification, or reconstruction on or before the applicable
classification date defined [in Section 2].''
[[Page 35053]]
    Section 2 then defines ``Affected facility'' as those indirect heat
exchangers with a capacity of 1 MMBtu/hr heat input. Therefore, the
size of such facilities subject to the Regulation is not changed. Next,
the classification date is defined in Section 2 as August 17, 1971 for
facilities with a capacity greater than 250 MMBtu/hr heat input, and
April 9, 1972 for those with a capacity of 250 MMBtu/hr or less, which
correspond to applicability dates for these sizes of sources in
Regulation 7.06, Standards of Performance for New Indirect Heat
Exchangers. EPA notes that the revised dates are earlier than the
current-SIP approved date, however, as Regulation 6.07 regulates
sources that would not otherwise be covered under regulations requiring
greater emissions reductions (for example, Regulation 7.06 or a
relevant NSPS), EPA expects no emissions increases associated with this
revision. EPA has preliminarily concluded that the changes to Sections
1 and 2 serve to correct and clarify the existing SIP.
    Section 3, Standard for Particulate Matter, specifies the
applicable emissions standards for particulate matter and opacity, and
Section 4, Standard for Sulfur Dioxide, specifies the applicable
standards for sulfur dioxide. The changes made to both of these
Sections in the March 15, 2018, SIP submittal are minor and ministerial
(for example, moving the term particulate matter from subsections to
the prefatory text of the corresponding section and moving the
allowable sulfur dioxide emissions descriptor from before the equation
and including it as a defined term in the equation), and no changes are
made to the applicable emissions standards, nor the calculations for
determining the standards. Minor and ministerial changes are also made
to Table 1, Allowable Particulate Matter Emission Rates, and Table 2,
Allowable Sulfur Dioxide Emissions Based on Heat Input Capacity,
appended to Regulation 6.07 and corresponding to Sections 3 and 4,
respectively. EPA has preliminarily concluded that these changes do not
modify the scope or meaning of the provisions.
    Finally, the March 15, 2018, SIP revision adds Section 5, Test
Methods and Procedures, to provide specific instruction on how to
determine compliance with the applicable emissions limits for the
affected facilities. This section requires compliance with standards
for particulate matter and sulfur dioxide be demonstrated using EPA
reference methods included in 40 CFR part 60, Appendix A, except as
provided in Regulation 1.04, Performance Tests. Regulation 1.04
stipulates that if a facility is subject to 40 CFR parts 60, 61, or 63,
then specified procedures for test requirements are to be used unless
EPA and LMAPCD have agreed upon an alternative or have agreed to a
waiver from the applicable test procedures. The addition of section 5
provides specificity in testing requirements for the set of affected
facilities under Regulation 6.07 that would not otherwise be subject to
40 CFR part 60 or part 63 (for example, for a source that commenced
construction or modification prior to the applicability date for 40 CFR
part 60). EPA proposes that the use of federal reference methods is
appropriate and sufficient to determine compliance with the applicable
standards in Regulation 6.07, and that the inclusion of Section 5 in
the SIP is clarifying and SIP-strengthening.
    As noted above, these rule changes do not relax the emissions
reductions to applicable sources, nor do they change any applicable
emissions limitations. With respect to the changes related to test
methods and procedures, EPA proposes that the changes serve to
strengthen the SIP. Therefore, EPA has made the preliminary
determination that the aforementioned changes will not have a negative
impact on air quality in the area and is therefore proposing to approve
version 4 of Regulation 6.07 into the Jefferson County portion of the
Kentucky SIP.
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 Jefferson County's Regulation 6.07, Standards of Performance
for Existing Indirect Heat Exchangers, version 4, state effective
January 17, 2018. EPA has made, and will continue to make, these
materials generally available through and at the
EPA Region 4 office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
IV. Proposed Action
    EPA is proposing to approve changes to the Jefferson County portion
of the Kentucky SIP included in a March 15, 2018, submittal.
Specifically, EPA is proposing to approve the District's Regulation
6.07 version 4 into the SIP. The March 15, 2018, SIP revision makes
minor and ministerial changes such as clarifying the applicability of
the regulation, and includes more specific requirements for test
methods and procedures for affected facilities. EPA believes these
changes are consistent with the CAA and EPA policy, and these rule
adoptions will not impact the NAAQS or interfere with any other
applicable requirement of the Act.
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, this proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 (Pub. L. 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
[[Page 35054]]
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, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
    Authority: 42 U.S.C. 7401 et seq.
    Dated: July 11, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-15418 Filed 7-19-19; 8:45 am]