Rule2024-00012
Air Plan Approval; Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting
Primary source
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Published
January 10, 2024
Effective
February 9, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving changes 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), via a letter dated June 15, 2022. The changes were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District) and amend the District's stationary source emissions monitoring and reporting requirements. EPA is approving the changes because they are consistent with the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Rules and Regulations]
[Pages 1461-1464]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00012]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0097; FRL-11564-04-R4]
Air Plan Approval; Kentucky; Revisions to Jefferson County
Emissions Monitoring and Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to
[[Page 1462]]
the Jefferson County portion of the Kentucky State Implementation Plan
(SIP), submitted by the Commonwealth of Kentucky, through the Energy
and Environment Cabinet (Cabinet), via a letter dated June 15, 2022.
The changes were submitted by the Cabinet on behalf of the Louisville
Metro Air Pollution Control District (District) and amend the
District's stationary source emissions monitoring and reporting
requirements. EPA is approving the changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective February 9, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0097. 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#b7d5d2dbdb99c3ded2c5d2d9cef7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="f795929b9bd9839e928592998eb7928796d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 15, 2022,\1\ the Commonwealth of Kentucky submitted changes
to the Jefferson County portion of the Kentucky SIP for EPA
approval.<SUP>2 3</SUP> In this rulemaking, EPA is approving changes to
Regulation 1.06, Stationary Source Self-Monitoring, Emissions Inventory
Development, and Reporting submitted on June 15, 2022.
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\1\ On June 15, 2022, Kentucky provided multiple SIP revisions
that are not addressed in this rulemaking. One of the June 15, 2022,
submittals contains changes to District Regulation 2.04,
Construction or Modification of Major Sources in or Impacting upon
Non-Attainment Areas (Emission Offset Requirements) in the Kentucky
SIP. These changes are not addressed in this notice. EPA will act on
these changes in a separate rulemaking. Another June 15, 2022, SIP
revision contained changes to District Regulation 2.17, Federally
Enforceable District Origin Operating Permits, in the Kentucky SIP.
EPA finalized its approval of changes to Regulation 2.17 on March 1,
2023. See 88 FR 12831.
\2\ EPA received this submission on June 13, 2022, via a letter
dated June 15, 2022. Throughout this final rule, this submission
will be referred to as the June 15, 2022, submission.
\3\ 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 the District regulations contained in the
Jefferson County portion of the Kentucky SIP as the ``Jefferson
County'' regulations.
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Through a notice of proposed rulemaking (NPRM) published on
November 20, 2023 (88 FR 80680), EPA proposed to approve these changes
to Regulation 1.06. Section 6, Emissions Statements for Ozone
Precursors, of Regulation 1.06 requires that on or before April 15 of
each year, all stationary sources of NO<INF>X</INF> or VOC shall submit
to the District a statement of actual emissions of those compounds. In
this rulemaking, EPA is finalizing its approval of the District's June
15, 2022, request to incorporate Version 11 of Regulation 1.06 into the
SIP, replacing Version 10. Version 10 of Regulation 1.06 at Section
6.2.1 states that facilities with less than 25 tons per year (tpy) of
plant-wide actual VOC emissions or less than 25 tpy of plant-wide
actual NO<INF>X</INF> emissions are exempted from the emissions
statement requirements in Section 6, unless emissions of the other
pollutant (VOC or NO<INF>X</INF>) are at or above 25 tpy. Version 11
revises Section 6.2.1 to instead exempt facilities with less than 25
tpy of plant-wide potential VOC and less than 25 tpy of plant-wide
potential NO<INF>X</INF> emissions from the Section 6 emissions
statement requirement.\4\ The contents of the District's submission, as
well as EPA's rationale for approving changes to this regulation, are
described in more detail in EPA's November 20, 2023, NPRM. Comments on
the November 20, 2023, NPRM were due on or before December 20, 2023.
EPA received one comment and responds to this comment in the next
section of this rulemaking notice.
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\4\ Section 6.2.1 continues to allow the District to require
sources claiming the exemption to provide adequate information to
verify actual emissions for the previous year.
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II. Response to Comment
EPA received one comment on the November 20, 2023, NPRM. The
comment expresses both support for and concern about EPA's proposed
action to approve the amendments to Jefferson County's emissions
reporting requirements.
Comment: The commenter stated that changing the way emissions are
reported could be ``very beneficial and more organized,'' which the
commenter finds ``especially important if it would help benefit
Kentucky residents.'' The commenter's ``only concern is how it would be
ensured'' that the changes to the emissions reporting requirements
would not ``decrease the amount of emissions reported.'' The commenter
asks if there are measures put in place to keep plants accountable,
noting that ``[c]limate change is a very real concern and it is
important to hold the power plants that are contributing to change
accountable.''
Response: CAA section 182(a)(3)(B)(i) requires States to submit to
EPA a SIP revision requiring the owner or operator of each stationary
source of NO<INF>X</INF> or VOC in an ozone nonattainment area to
report its NO<INF>X</INF> and VOC emissions to the State and to certify
the accuracy of these reported emissions. Section 182(a)(3)(B)(ii)
allows States to waive the requirements under subsection (i) for
stationary sources emitting less than 25 tpy of VOC or NO<INF>X</INF>
if the State provides an inventory of emissions from such class or
category of sources.
Jefferson County is subject to the requirements of CAA section
182(a) because it is part of the Louisville, KY-IN moderate
nonattainment area for the 2015 8-Hour Ozone National Ambient Air
Quality Standards (NAAQS). Regulation 1.06, Stationary Source Self-
Monitoring, Emissions Inventory Development, and Reporting, in the
Jefferson County portion of the Kentucky SIP, provides the District
with the authority to require emissions monitoring at stationary
sources and requires certain sources to maintain emissions records and
to provide annual emissions statements to the District.\5\ Section 6,
Emissions Statements for Ozone Precursors, requires that on or before
April 15 of each year, all stationary sources of NO<INF>X</INF> or VOC
shall submit to the District a statement of actual emissions of those
compounds.
[[Page 1463]]
As discussed above, Version 10 of Regulation 1.06 at Section 6.2.1
states that facilities with less than 25 tpy of plant-wide actual VOC
emissions or less than 25 tpy of plant-wide actual NO<INF>X</INF>
emissions are exempted from the emissions statement requirements in
Section 6, unless emissions of the other pollutant (VOC or
NO<INF>X</INF>) are at or above 25 tpy. In this action, EPA is
approving Version 11 into the SIP which revises Section 6.2.1 to
instead exempt facilities with less than 25 tpy of plant-wide potential
VOC and less than 25 tpy of plant-wide potential NO<INF>X</INF>
emissions from the Section 6 emissions statement requirement.\6\
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\5\ On March 9, 2022, EPA determined that Regulation 1.06 met
the requirements for the 2015 ozone NAAQS for the Jefferson County
Area. See 87 FR 13177.
\6\ As discussed in the NPRM, section 6 continues to satisfy the
emissions statement requirements in CAA section 182(a)(3)(B).
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As noted in the NPRM, the changes do not reduce the number of
facilities required to submit emissions statements. Changing the basis
for the exemption from actual to potential emissions does not reduce
the number of facilities that must submit emissions statements because
potential emissions reflect a facility's maximum capacity to emit a
pollutant under its physical and operational design.\7\ Thus, the
change from actual to potential emissions may make fewer facilities
eligible for the exemption, thus increasing the number of facilities
required to submit emissions statements. Furthermore, the changes do
not affect the amount or type of information that must be included in
the emissions statements.
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\7\ See, e.g., the definition of ``potential to emit'' in
Regulation 1.02, Section 1.61, of the Jefferson County portion of
the Kentucky SIP.
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III. 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 District Regulation 1.06, Stationary
Source Self-Monitoring, Emissions Inventory Development, and Reporting,
adopted by the District on March 16, 2022 (referred to as ``Version
11'' by the District). 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 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.\8\
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\8\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the aforementioned changes to Regulation 1.06,
Stationary Source Self-Monitoring, Emissions Inventory Development, and
Reporting, adopted by the District on March 16, 2022, into the
Jefferson County portion of the Kentucky SIP. The EPA is approving
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 that they meet the criteria of the CAA. Accordingly, 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, 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 and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The District did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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
[[Page 1464]]
Court of Appeals for the appropriate circuit by March 11, 2024. 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: December 29, 2023.
Jeaneanne Gettle,
Acting 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, in table 2 to paragraph (c), under the center
heading ``Reg 1--General Provision,'' revise the entry for 1.06 to read
as follows:
Sec. 52.920 Identification of plan.
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(c) * * *
Table 2 to Paragraph (c)--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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Reg 1--General Provisions
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* * * * * * *
1.06........ Stationary Source Self- 1/10/2024 [Insert citation of 3/16/2022 Except Section 5
Monitoring, Emissions publication]. and any references
Inventory Development, to Section 5 in
and Reporting. this regulation.
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[FR Doc. 2024-00012 Filed 1-9-24; 8:45 am]
BILLING CODE 6560-50-P
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