Rule2022-20431
Air Plan Approval; Kentucky; Source Specific Revision for Jefferson County
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2022
Effective
October 31, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing the approval of a revision to the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), on March 29, 2021. The revision was submitted by KDAQ on behalf of the Louisville Metro Air Pollution Control District (District or Jefferson County), which has jurisdiction over Jefferson County, Kentucky. The revision removes from the SIP several source-specific permits for a facility, which were previously incorporated by reference, and replaces them with a Board Order with emissions controls that are at least as stringent as those in the permits.
Full Text
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<title>Federal Register, Volume 87 Issue 189 (Friday, September 30, 2022)</title>
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[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59309-59311]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20431]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0391; FRL-10080-02-R4]
Air Plan Approval; Kentucky; Source Specific Revision for
Jefferson County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a revision to the Kentucky State Implementation Plan (SIP),
submitted by the Commonwealth of Kentucky, through the Kentucky
Division for Air Quality (KDAQ), on March 29, 2021. The revision was
submitted by KDAQ on behalf of the Louisville Metro Air Pollution
Control District (District or Jefferson County), which has jurisdiction
over Jefferson County, Kentucky. The revision removes from the SIP
several source-specific permits for a facility, which were previously
incorporated by reference, and replaces them with a Board Order with
emissions controls that are at least as stringent as those in the
permits.
DATES: This rule is effective October 31, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2017-0391. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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: 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 <a href="/cdn-cgi/l/email-protection#fd95889884d397929891bd988d9cd39a928b"><span class="__cf_email__" data-cfemail="d9b1acbca0f7b3b6bcb599bca9b8f7beb6af">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In 1990, EPA approved a revision to the Kentucky SIP that added an
emission reduction plan in the form of a ``bubble rule'' for the Alcan
Foil Products \1\ (now LL Flex) plant in Louisville, Kentucky. See 55
FR 20268 (May 16, 1990). That revision allowed the facility to average,
or ``bubble,'' volatile organic compound (VOC) emissions from nine
rotogravure printing/coating machines in lieu of achieving compliance
with Jefferson County's SIP-approved reasonably available control
technology (RACT) regulation--Regulation 6.29, ``Standard of
Performance for Existing Graphic Arts Facilities Using Rotogravure and
Flexography''--which limits VOC emissions from graphic arts facilities
on a line-by-line \2\ basis. The revision treated the nine machines as
one affected facility and required the facility to achieve a VOC
emissions reduction equivalent to at least 20 percent of the baseline
emissions from the affected units.\3\ Jefferson County included these
provisions in various permits issued by the District to Alcan Foil
Products (now LL Flex), and those permits were incorporated by
reference into the Kentucky SIP. Specifically, the May 16, 1990,
approval incorporated into the SIP the Air Pollution Control District
of Jefferson County's (APCDJC's) Permits 103-74, 104-74, 105-74, 106-
74, 110-74, and 111-74, as effective on February 28, 1990.
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\1\ The company, originally named Alcan Foil Products, later
became Reynolds Metals Company, then LL Flex, LLC.
\2\ ``Line'' refers to ``printing line,'' which is defined, in
part, as ``a series of processes, and the associated process
equipment, used to apply, dry, and cure an ink containing a VOC.''
See Definition 1.8 of Regulation 6.29, Section 1.
\3\ As described in the notice of proposed rulemaking for the
1990 action, ``Baseline emissions were determined using the lowest
of actual, SIP-allowable or RACT-allowable emissions for each source
involved in the bubble, with values for the actual quantity of VOC
content of coatings used based on the most recent two-year period.''
See 55 FR 2842 (January 29, 1990).
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Subsequently, in 1998, EPA approved a revision to the Kentucky SIP
that provided additional flexibilities to the plant operations of
Reynolds Metals Company (now LL Flex) so that customer printing demands
could be satisfied. See 63 FR 1927 (January 13, 1998). The revision
lowered the daily maximum VOC emissions allowed from the facility's
nine rotogravure printing/coating machines but retained the tons per
year limit for the facility while increasing the number of operating
days allowed. Additionally, the revision removed the maximum operating
speeds for the nine machines. Jefferson County included these
provisions in permits issued by the District to Reynolds Metals
Company, and those permits were incorporated by reference into the
Kentucky SIP. Specifically, the January 13, 1998, approval incorporated
into the SIP updates to the previously approved APCDJC Permits 103-74,
104-74, 105-74, 106-74, 110-74, and 111-74, as effective on April 16,
1997.
On March 29, 2021, Jefferson County submitted a new SIP revision to
remove the permits previously incorporated by
[[Page 59310]]
reference and replace them with a Board Order, which was issued by the
District to the facility on November 18, 2020, and which imposes
control requirements that are at least as stringent as those in the old
permits.<SUP>4 5</SUP> This way, the Board Order becomes the source-
specific SIP-approved provision, and any future amendments made by the
District to the facility's permits for matters that are unrelated to
the Board Order conditions will not necessitate a SIP revision.
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\4\ The November 18, 2020, Board Order also formally changes the
name of the owner to LL Flex, LLC, and the name of the facility to
LL Flex, LLC, Louisville Laminating Plant.
\5\ Found under 40 CFR 52.920(d), the old permits being removed
were approved in the Kentucky SIP as ``Operating Permits for nine
presses at the Alcan Foil Products facility--Louisville'' and
``Reynolds Metals Company.''
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On August 1, 2022 (87 FR 46916) EPA published a Notice of Proposed
Rulemaking (NPRM), which included additional background on the changes
and EPA's analysis. Comments on the August 1, 2022, NPRM were due on or
before August 31, 2022. No comments were received on the August 1,
2022, NPRM, and EPA is now finalizing the changes as proposed.
II. 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, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Jefferson County's source-specific
Board Order for LL Flex, LLC, effective on November 18, 2020. Also in
this document, EPA is approving the removal of APCDJC Permits 103-74,
104-74, 105-74, 106-74, 110-74, and 111-74, effective on February 28,
1990, for Alcan Foil Products and effective on April 16, 1997, for the
Reynolds Metals Company, from the Kentucky SIP, which were previously
incorporated by reference in accordance with requirements of 1 CFR
51.5. 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). Therefore, the revised materials as
stated above, have been approved by EPA for inclusion in the State
implementation plan, 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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III. Final Action
EPA is approving the March 29, 2021, SIP revision and replacing the
existing source-specific permits for the LL Flex facility in the
Kentucky SIP with the November 18, 2020, Board Order.
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, 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> 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 November 29, 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
[[Page 59311]]
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 entries for ``Operating Permits for nine presses at the
Alcan Foil Products facility--Louisville'' and ``Reynolds Metals
Company''; and
0
b. Adding a new entry for ``Board Order for LL Flex, LLC'' at the end
of the table.
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 date EPA approval date Explanations
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* * * * * * *
Board Order for LL Flex, LLC..... N/A.................... 11/18/2020 9/30/2022, [Insert
citation of
publication].
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[FR Doc. 2022-20431 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 30, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.