Rule2024-09730
Air Plan Approval; KY; Revisions to Jefferson County Definitions
Primary source
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Published
May 13, 2024
Effective
June 12, 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 Kentucky Energy and Environment Cabinet (Cabinet) on May 31, 2023. 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 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. This action is pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
Full Text
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<title>Federal Register, Volume 89 Issue 93 (Monday, May 13, 2024)</title>
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[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Rules and Regulations]
[Pages 41319-41321]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09730]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0338; FRL-11798-02-R4]
Air Plan Approval; KY; Revisions to Jefferson County Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: 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
Kentucky Energy and Environment Cabinet (Cabinet) on May 31, 2023. 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
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. This action is pursuant to the Clean Air Act (CAA
or Act) and its implementing regulations.
DATES: This rule is effective June 12, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0338. 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 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.
[[Page 41320]]
FOR FURTHER INFORMATION CONTACT: Simone Jarvis, 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) 562-8393. Ms. Jarvis can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#2b614a595d42580578424644454e6b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="662c0714100f1548350f0b0908032603160748010910">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On May 31, 2023, the Commonwealth of Kentucky submitted changes to
the Jefferson County portion of the Kentucky SIP for EPA
approval.<SUP>1 2</SUP> In this rulemaking, EPA is approving changes to
Regulation 1.02, Definitions.
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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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Through a notice of proposed rulemaking (NPRM) published on March
7, 2024 (89 FR 16496), EPA proposed to approve changes to the
District's Regulation 1.02, Definitions, which included a list of
``trivial activities'' in a new appendix, updated 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 made minor grammatical changes. In this
rulemaking, EPA is finalizing its approval of the District's May 31,
2023, request to incorporate Version 16 of Regulation 1.02 into the
SIP, replacing Version 15. EPA is not approving the change to the
definition of ``Acute noncancer effect'' because that definition is not
approved into the SIP, and EPA is not incorporating that definition
into the SIP from Version 16. EPA's rationale for approving the changes
is described in the March 7, 2024, NPRM. Comments on the March 7, 2024,
NPRM were due on or before April 8, 2024. EPA received one set of
comments, which is discussed in the next section of this rulemaking
notice.
II. Response To Comment
EPA received one set of comments on the March 7, 2024, NPRM. This
set of comments, submitted by a member of the general public, consists
of several statements associated with website hyperlinks. It is unclear
how these comments are relevant to the proposal, how the hyperlinked
materials support the comments, and how, or whether, the commenter
would like EPA to change the proposal. Furthermore, as noted in the
March 7, 2024, NPRM, EPA generally will not consider comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file-sharing system) such as the hyperlinked materials. For these
reasons, the comments require no further response, and we are
finalizing the action as proposed.
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 this preamble, EPA is finalizing
the incorporation by reference of Jefferson County Regulation 1.02,
Version 16, Definitions, locally effective on March 15, 2023, except
for the definition of ``Acute noncancer effect.'' 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.\3\
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\3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the aforementioned changes to Regulation 1.02,
Definitions, submitted on May 31, 2023, except for the change to the
definition of ``Acute noncancer effect,'' because that definition is
not approved into the SIP. EPA has determined that the requested
changes in Kentucky's May 31, 2023, SIP revision will not interfere
with any applicable requirement concerning attainment, or any other
applicable requirement of 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 CAA 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
[[Page 41321]]
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 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 Court of Appeals for
the appropriate circuit by July 12, 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 30, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, 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 1--
General Provisions'' revise the entry for 1.02 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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District
Reg Title/subject EPA approval Federal Register effective Explanation
date notice date
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Reg 1--General Provisions
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1.02............... Definitions....... May 13, 2024..... [Insert first 3/15/2023 Except for the
page of Federal definition of
Register ``Acute
citation]. noncancer
effect.''
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[FR Doc. 2024-09730 Filed 5-10-24; 8:45 am]
BILLING CODE 6560-50-P
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