Proposed Rule2022-28147
Air Plan Approval; Kentucky; Revision to Federally Enforceable District Origin Operating Permits
Primary source
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Published
December 27, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Jefferson County portion of the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky through the Kentucky Energy and Environment Cabinet (Cabinet) on June 15, 2022. The changes were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District, also referred to herein as Jefferson County). The District's revision modifies the permit application timing requirements in the Federally Enforceable District Origin Operating Permits (FEDOOP) rule in the Jefferson County portion of the Kentucky SIP (Jefferson County Local Implementation Plan, or LIP). EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 247 (Tuesday, December 27, 2022)</title>
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[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Proposed Rules]
[Pages 79261-79263]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28147]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0727; FRL-10421-01-R4]
Air Plan Approval; Kentucky; Revision to Federally Enforceable
District Origin Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Jefferson County portion of the Kentucky
State Implementation Plan (SIP) submitted by the Commonwealth of
Kentucky through the Kentucky Energy and Environment Cabinet (Cabinet)
on June 15, 2022. The changes were submitted by the Cabinet on behalf
of the Louisville Metro Air Pollution Control District (District, also
referred to herein as Jefferson County). The District's revision
modifies the permit application timing requirements in the Federally
Enforceable District Origin Operating Permits (FEDOOP) rule in the
Jefferson County portion of the Kentucky SIP (Jefferson County Local
Implementation Plan, or LIP). EPA is proposing to approve these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before January 26, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0727 at <a href="http://regulations.gov">regulations.gov</a>. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. 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
[[Page 79262]]
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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Pearlene Williams-Miles, 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. The
telephone number is (404) 562-9144. Ms. Williams-Miles can also be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#3d4a545151545c504e505451584e134d585c4f515853587d584d5c135a524b"><span class="__cf_email__" data-cfemail="fb8c929797929a96889692979e88d58b9e9a89979e959ebb9e8b9ad59c948d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
On June 15, 2022, the Commonwealth of Kentucky submitted changes to
the Jefferson County LIP for EPA approval.<SUP>1 2</SUP> EPA is
proposing to approve changes to Section 4--Permit Applications, of the
District's Regulation 2.17--Federally Enforceable District Origin
Operating Permits.\3\ Under Regulation 2.17, Section 1.1, a FEDOOP is
an operating permit that contains a federally enforceable condition,
limit, or provision that is issued to a stationary source that is not,
or would not subsequently be, required to obtain a permit under
Regulation 2.16--Title V Operating Permits. The changes in the June 15,
2022, submission add timing requirements for sources applying for
FEDOOP permits that are similar to those in Regulation 2.16--Section II
of the preamble of this document provides EPA's analysis and rationale
for proposed approval of this revision.
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\1\ The EPA received this submission on June 13, 2022, in a
letter dated June 15, 2022. Throughout this notice of proposed
rulemaking, this submission will be referred to as the June 15,
2022, submission.
\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.'' However, to be consistent with the terminology used in
the subheading in Table 2 of 40 CFR 52.920(c), throughout this
notice we refer to regulations contained in the Jefferson County
portion of the Kentucky SIP as the ``Jefferson County'' regulations.
\3\ The June 15, 2022, submittal contains changes to other
Kentucky SIP-approved rules that are not addressed in this notice.
EPA will act on those rules in separate actions.
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II. Analysis of Kentucky's SIP Revision
The June 15, 2022, submission revises Regulation 2.17 by adding
four timing requirements under Section 4--Permit Applications, adding
new prefatory language in Section 4.2, and renumbering the remaining
subsections within Section 4. Turning to the four new timing
requirements, first, subsection 4.2.1 is added to require that sources
not previously required to obtain a permit under Regulation 2.17 but
that become subject to an applicable requirement after the effective
date of the regulation must submit a permit application within 12
months from the time at which it became subject to Regulation 2.17.
Second, subsection 4.2.2 is added to require that a source
``constructing, reconstructing, or modifying,'' shall submit a complete
FEDOOP permit application within 12 months after commencing operation.
If an existing permit would prohibit construction or a change in
operation, the source would be required to obtain a permit revision
before commencing operation.
Third, subsection 4.2.3 is added to state that a source that is
required to reopen an existing permit pursuant to the requirements of
Section 6 of Regulation 2.17 must submit a complete application for a
permit revision within six months after notification by the District
that the permit must be reopened.
Finally, subsection 4.2.4 is added to require that a complete
permit application must be submitted to the District at least six
months prior to the date of permit expiration and in accordance with
Section 6 of Regulation 2.17 for permit renewal.
These changes to Regulation 2.17 merely add timing requirements for
submitting complete FEDOOP applications similar to the timing
requirements in Regulation 2.16. As such, EPA has preliminarily
determined that these changes do not interfere with any applicable
requirement concerning attainment of the national ambient air quality
standards and reasonable further progress or any other applicable
requirement of the Act. For these reasons, EPA is proposing to approve
the changes to the Jefferson County LIP.
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 the requirements of 1 CFR 51.5, and as described in Section II of
this preamble, EPA is proposing to incorporate by reference Jefferson
County's Regulation 2.17--Federally Enforceable District Origin
Operating Permits, version 5, with a local-effective date of March 16,
2022, which adds timing requirements to the permit application process.
EPA has made, and will continue to make, these materials generally
available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 4 office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
IV. Proposed Action
EPA is proposing to approve the aforementioned changes to
Regulation 2.17--Federally Enforceable District Origin Operating
Permits, with a local-effective date of March 16, 2022, into the
Jefferson County LIP. EPA is proposing to approve these changes because
they are consistent 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 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:
<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
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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 proposed
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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 20, 2022.
Daniel Blackmon,
Regional Administrator, Region 4.
[FR Doc. 2022-28147 Filed 12-23-22; 8:45 am]
BILLING CODE 6560-50-P
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