Rule2024-04782
Air Plan Approval; KY; 2015 8-Hour Ozone Nonattainment New Source Review Permit Program Requirements and Rule 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
March 7, 2024
Effective
April 8, 2024
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 13, 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). EPA is approving changes to the District's rules on the construction or modification of major stationary sources that are located within nonattainment areas or that have emissions impacting nonattainment areas. EPA also is approving the certification submitted by Kentucky on behalf of the District that the new version of the Nonattainment New Source Review (NNSR) permitting regulations for incorporation into the Jefferson County portion of the Kentucky SIP meets the NNSR nonattainment planning requirements for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). The certification covers the Jefferson County portion of the Louisville, Kentucky-Indiana multi-state nonattainment area for the 2015 8-hour ozone NAAQS. This action is pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 46 (Thursday, March 7, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Rules and Regulations]
[Pages 16460-16463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04782]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0691; FRL-11644-02-R4]
Air Plan Approval; KY; 2015 8-Hour Ozone Nonattainment New Source
Review Permit Program Requirements and Rule Revision for Jefferson
County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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
13, 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). EPA is approving changes to
the District's rules on the construction or modification of major
stationary sources that are located within nonattainment areas or that
have emissions impacting nonattainment areas. EPA also is approving the
certification submitted by Kentucky on behalf of the District that the
new version of the Nonattainment New Source Review (NNSR) permitting
regulations for incorporation into the Jefferson County portion of the
Kentucky SIP meets the NNSR nonattainment planning requirements for the
2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). The
certification covers the Jefferson County portion of the Louisville,
Kentucky-Indiana multi-state nonattainment area for the 2015 8-hour
ozone NAAQS. This action is pursuant to the Clean Air Act (CAA or Act)
and its implementing regulations.
DATES: This rule is effective April 8, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0691. 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.
[[Page 16461]]
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 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: Sarah LaRocca, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, GA 30303-
8960. The telephone number is (404) 562-8994. Ms. LaRocca can also be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#115d70437e7272703f4270637079517461703f767e67"><span class="__cf_email__" data-cfemail="86cae7d4e9e5e5e7a8d5e7f4e7eec6e3f6e7a8e1e9f0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The New Source Review (NSR) program is a preconstruction permitting
program that requires certain stationary sources of air pollution to
obtain permits prior to beginning construction. The NSR permitting
program applies to new construction and to the modification of existing
sources located in an area where the NAAQS have been exceeded
(nonattainment area), areas where the NAAQS have not been exceeded
(attainment), and areas that are unclassified.
Jefferson County is located within a nonattainment area for the
2015 8-hour ozone NAAQS. See 40 CFR 81.318; see also EPA's
Greenbook.\1\ Therefore, Jefferson County is required to have NNSR
rules approved into the Jefferson County portion of the Kentucky SIP
for this criteria pollutant addressing the requirements of CAA section
172(c)(5), CAA section 173, 40 CFR 51.165, and 40 CFR 51.1314.
---------------------------------------------------------------------------
\1\ The Kentucky portion of the Greenbook is available at
<a href="https://www3.epa.gov/airquality/greenbook/anayo_ky.html">https://www3.epa.gov/airquality/greenbook/anayo_ky.html</a>.
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM) published on January
19, 2024 (89 FR 3613), EPA proposed to approve changes to the
District's Regulation 2.04, Construction or Modification of Major
Sources In or Impacting Upon Non-Attainment Areas (Emission Offset
Requirements), which establishes requirements for Jefferson County's
NNSR program, along with a certification that this updated version of
Regulation 2.04 satisfies the requirements of the CAA for the 2015 8-
hour ozone NAAQS applicable to the Jefferson County portion of the
Louisville, KY-IN 2015 ozone moderate nonattainment area.\2\ In this
rulemaking, EPA is finalizing its approval of the District's June 13,
2022,<SUP>3 4</SUP> request to incorporate Version 8 \5\ of Regulation
2.04 and certification, for incorporation into the SIP, as meeting the
NNSR requirements for implementation of the 2015 8-hour ozone NAAQS.
EPA's rationale for approving the changes is described in the January
19, 2024, NPRM. Comments on the January 19, 2024, NPRM were due on or
before February 20, 2024. No comments were received on the January 19,
2024, NPRM, adverse or otherwise.
---------------------------------------------------------------------------
\2\ On July 13, 2021, Kentucky, on behalf of Jefferson County,
submitted a certification that the current SIP-approved version of
Regulation 2.04 fulfills requirements of the NNSR program. Jefferson
County withdrew that submission on June 13, 2022, and replaced it
with a SIP revision containing changes to District Regulation 2.04
and an updated certification that the modified version of Regulation
2.04 complies with NNSR requirements for the 8-hour ozone NAAQS as
addressed in this rulemaking.
\3\ The June 13, 2022, submission was received via a letter
dated June 15, 2022.
\4\ As discussed in the January 19, 2024, NPRM, the June 13,
2022, submission contains changes to address the federal NNSR
provisions promulgated in the Ethanol Rule. EPA is not acting on
those changes in this rulemaking.
\5\ EPA is retaining Sections 2.2.20 and 10 from Version 7 of
Regulation 2.04.
---------------------------------------------------------------------------
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 Regulation 2.04,
Version 8, ``Construction or Modification of Major Sources in or
Impacting upon Non-Attainment Areas (Emission Offset Requirements),''
locally effective on March 16, 2022, except for the ethanol production
facilities exclusion in Sections 1.4.3.20 and 5.20. Additionally, EPA
is retaining Sections 2.2.20 and 10 from Version 7 of Regulation 2.04,
locally effective on March 17, 1993.\6\ \7\ 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\
---------------------------------------------------------------------------
\6\ In a letter dated August 24, 2023, the District withdrew its
request to remove Section 2.2.20 of Regulation 2.04 from the SIP,
which defines ``Class I area,'' from EPA's consideration. In a
subsequent email dated November 14, 2023, the District clarified
that the withdrawal of the June 13, 2022, request to remove from the
SIP Regulation 2.04 version 7 Section 2.2.20, includes all
subparagraphs within the definition (i.e., 2.2.20.1 through
2.2.20.7). See the August 24, 2023, letter, and the November 14,
2023, clarifying correspondence in the docket for this rulemaking.
\7\ In a letter dated August 24, 2023, the District withdrew its
request to remove Section 10--Protection of Visibility, from EPA's
consideration. Keeping Section 10--Protection of Visibility in the
SIP allows the Commonwealth to maintain visibility provisions for
the Jefferson County area in accordance with 40 CFR 51.307(b)(2).
The request to add Section 10--Offset Ratio remains before EPA for
consideration. The withdrawal would leave two sections numbered
``10'' in Rule 2.04: one locally effective on March 13, 1993, and
the other locally effective on March 16, 2022. The District intends
to address the duplicate numbering in a future submission.
\8\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is approving changes to the Jefferson County portion of the
Kentucky SIP, submitted on June 13, 2022, with the exception of the
ethanol production facilities exclusion in Sections 1.4.3.20 and 5.20,
which EPA is not acting on at this time. These revisions will align
Jefferson County Regulation 2.04, with federal NNSR regulations at 40
CFR 51.165. Additionally, EPA is approving Jefferson County's
certification of NNSR requirements for the 2015 8-hour ozone NAAQS for
the Jefferson County portion of the Louisville, KY-IN 2015 ozone
moderate nonattainment area which meets the requirements of CAA
sections 172(c)(5) and 173 and 40 CFR 51.165 and 51.1314. EPA has
determined that the requested changes in Kentucky's June 13, 2022, SIP
revision will not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of 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 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,
[[Page 16462]]
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.''
Jefferson County evaluated EJ considerations as part of its SIP
submittal even though the CAA and applicable implementing regulations
neither prohibit nor require an evaluation. The analysis was done for
the purpose of providing additional context and information about this
proposed rulemaking to the public, not as a basis of the proposed
action. EPA is taking action under the CAA on bases independent of
Jefferson County's evaluation of EJ. In addition, there is no
information in the record upon which this decision is based that is
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 Court of Appeals for
the appropriate circuit by May 6, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 1, 2024.
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(c), in table 2 under the center heading ``Reg 2--
Permit Requirements,'' revise the entry for 2.04 to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 2 to Paragraph (c)--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
EPA District
Reg Title/subject approval Federal Register effective Explanation
date notice date
----------------------------------------------------------------------------------------------------------------
Reg 2--Permit Requirements
----------------------------------------------------------------------------------------------------------------
[[Page 16463]]
* * * * * * *
2.04.............. Construction or 3/7/2024 [Insert citation of 3/16/2022 Except for the ethanol
Modification of publication]. production facilities
Major Sources in exclusion in Sections
or Impacting upon 1.4.3.20 and 5.20.
Non-Attainment Additionally, EPA is
Areas (Emission retaining Sections
Offset 2.2.20 and 10 from
Requirements). Version 7 of Regulation
2.04, locally effective
on March 17, 1993.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-04782 Filed 3-6-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 7, 2024.
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.