Rule2023-04012
Air Plan Approval; Kentucky; Revision to Federally Enforceable District Origin Operating Permits
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
March 1, 2023
Effective
March 31, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 finalizing these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 88 Issue 40 (Wednesday, March 1, 2023)</title>
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[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12831-12833]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04012]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0727; FRL-10421-02-R4]
Air Plan Approval; Kentucky; Revision to Federally Enforceable
District Origin Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 finalizing these changes pursuant
to the Clean Air Act (CAA or Act).
[[Page 12832]]
DATES: This rule is effective March 31, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0727. All documents in the docket
are listed on the <a href="http://regulations.gov">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: 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#d0a7b9bcbcb9b1bda3bdb9bcb5a3fea0b5b1a2bcb5beb590b5a0b1feb7bfa6"><span class="__cf_email__" data-cfemail="6b1c020707020a06180602070e18451b0e0a19070e050e2b0e1b0a450c041d">[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.\1\ \2\ EPA is approving
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.
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\1\ EPA received this submission on June 13, 2022, in a letter
dated June 15, 2022. Throughout this final 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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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. Through a Notice of Proposed Rulemaking
(NPRM) published on December 27, 2022 (87 FR 79261), EPA proposed to
approve these changes as being consistent with the CAA. Additional
details on Kentucky's June 15, 2022, revision and EPA's analysis of the
changes can be found in the December 27, 2022, NPRM. Comments on the
December 27, 2022, NPRM were due on or before January 26, 2023. EPA
received one anonymous comment on the NPRM. That comment was unrelated
to the specifics of the NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the 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
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). 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 in the next update to the SIP compilation.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving 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
approving these changes because they are consistent with 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, 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
[[Page 12833]]
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 May 1, 2023. 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, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 22, 2023.
Daniel Blackmon,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
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(c), in table 2, revise the entry for ``2.17'' to
read as follows:
Sec. 52.920 Identification of plan.
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(c) * * *
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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EPA approval Federal Register District
Reg Title/subject date notice effective date Explanation
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2.17................................ Federally Enforceable 3/1/2023 [Insert citation of 3/16/2022
District Origin publication].
Operating Permits.
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[FR Doc. 2023-04012 Filed 2-28-23; 8:45 am]
BILLING CODE 6560-50-P
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