Proposed Rule2024-04773
Air Plan Approval; KY; Revisions to Jefferson County Definitions
Primary source
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Published
March 7, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted on May 31, 2023, by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ) on behalf of the Louisville Metro Pollution Control District (Jefferson County or District). The purpose of the revision is to modify the SIP-approved version of the District's definitions rule to include a list of "trivial activities" in a new appendix; update the incorporation by reference date of the Federal air quality regulation that excludes certain organic compounds from the definition of "volatile organic compounds (VOC);" and make minor grammatical changes. EPA is proposing to approve the changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 46 (Thursday, March 7, 2024)</title>
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[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16496-16498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04773]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0338; FRL-11798-01-R4]
Air Plan Approval; KY; Revisions to Jefferson County Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted on May 31,
2023, by the Commonwealth of Kentucky, through the Kentucky Division
for Air Quality (KDAQ) on behalf of the Louisville Metro Pollution
Control District (Jefferson County or District). The purpose of the
revision is to modify the SIP-approved version of the District's
definitions rule to include a list of ``trivial activities'' in a new
appendix; update the incorporation by reference date of the Federal air
quality regulation that excludes certain organic compounds from the
definition of ``volatile organic compounds (VOC);'' and make minor
grammatical changes.
[[Page 16497]]
EPA is proposing to approve the changes pursuant to the Clean Air Act
(CAA or Act).
DATES: Comments must be received on or before April 8, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0338 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 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/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Simone Jarvis, 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) 562-8393. Ms. Jarvis can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#f09a9182869983de83999d9f9e95b0958091de979f86"><span class="__cf_email__" data-cfemail="f59f9487839c86db869c989a9b90b5908594db929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On May 31, 2023, KDAQ, on behalf of the District, submitted changes
to the Jefferson County portion of the Kentucky SIP for EPA
approval.\1\ In this proposed rulemaking, EPA is proposing to approve
changes to Jefferson County Regulation 1.02, Definitions.\2\
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\1\ The May 31, 2023, submittal also contains changes to
Jefferson County Regulation 1.11, Control of Open Burning, in the
Jefferson County portion of the Kentucky SIP. EPA intends to address
these changes in a separate rulemaking.
\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 the District regulations contained in the
Jefferson County portion of the Kentucky SIP as the ``Jefferson
County'' regulations.
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II. EPA's Analysis of Kentucky's SIP Revision
The May 31, 2023, SIP revision contains a version of Regulation
1.02, Definitions, that was adopted by the District on March 15, 2023
(referred to as ``Version 16'' by the District). The District requests
that EPA incorporate Version 16 into the SIP and identifies changes in
Regulation 1.02 between Version 16 and Version 15, which is the version
of the rule currently in the SIP.
The District's first proposed change is the addition of Appendix B
to Section 1, which lists ``trivial activities,'' and the modification
to the definition of ``trivial activities'' at subsection 1.80 to
reference Appendix B.\3\ The SIP-approved definition of ``trivial
activities'' states that the District will maintain a list of trivial
activities that shall be made available to the public upon request.
This list has not changed since it was created in 1995 in response to
the EPA White Paper for Streamlined Development of Part 70 Permit
Applications.\4\ This change would only incorporate the list into the
SIP and would not alter the activities listed therein.
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\3\ The revised version of subsection 1.80 reads `` `Trivial
activities' means any activity that is considered inconsequential,
as determined by the District, and included in Appendix B to this
Regulation.''
\4\ Attachment A to the EPA White Paper contains a list of
activities that may be treated as trivial. The White Paper is
available at: <a href="https://www.epa.gov/title-v-operating-permits/white-paper-streamlined-development-part-70-permit-applications">https://www.epa.gov/title-v-operating-permits/white-paper-streamlined-development-part-70-permit-applications</a>.
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The District's second proposed change is to the definition of
``volatile organic compound'' at subsection 1.84. Subsection 1.8.4.1
incorporates by reference 40 CFR 51.100(s)(1) which lists compounds
excluded from the Federal definition of ``volatile organic compounds
(VOC)'' at 40 CFR 51.100(s). The change updates the incorporation by
reference date from July 1, 2018, to July 1, 2022, which has the effect
of adding an organic compound, cis-1,1,1,4,4,4-hexafluorobut-2-ene
(also known as HFO-1336mzz-Z), to the list of compounds excluded from
the definition of VOC. EPA exempted this compound from the Federal
definition of ``volatile organic compounds (VOC)'' because its
contribution to the formation of tropospheric ozone is negligible. See
83 FR 61127 (November 28, 2018).
The District's third proposed change is a set of minor grammatical
changes. For example, the Section 1 preamble is changed from ``in the
District's regulations'' to ``in District regulations.'' Given the
nature of this change and the changes described above, the SIP revision
will not interfere with any applicable requirement concerning
attainment of the national ambient air quality standards, reasonable
further progress, or any other applicable requirement of the CAA.\5\
EPA is proposing to approve all changes to Regulation 1.02 except for
the grammatical edit to the term ``acute noncancer effect,'' because
that term is not in the SIP.\6\
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\5\ See CAA section 110(l).
\6\ See 81 FR 87815 (December 6, 2016), 82 FR 35101 (July 28,
2017).
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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, and as discussed in Section II of this
preamble, EPA is proposing to incorporate by reference Jefferson County
Regulation 1.02, Definitions (except for the definition of ``Acute
noncancer effect''), Version 16, District-effective on March 15, 2023,
which updates exclusions to the definition of ``volatile organic
compound'' and includes Appendix B which lists ``trivial activities.''
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 changes to Regulation 1.02,
Definitions (except for the change to the definition of ``Acute
noncancer effect''), of the Jefferson County portion of the Kentucky
SIP, submitted by the Commonwealth on May 31, 2023, for the reasons
discussed above. The SIP revision updates the current SIP-approved
version of Regulation 1.02 (Version 15) to Version 16.
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 CAA and applicable
Federal regulations. 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
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by
[[Page 16498]]
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 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 proposed action. Due to the
nature of the action being proposed here, this proposed 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
proposed 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 1, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-04773 Filed 3-6-24; 8:45 am]
BILLING CODE 6560-50-P
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