Air Plan Approval; Kentucky: Jefferson County Prevention of Significant Deterioration, 14268-14270 [2019-07020]
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Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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
• Does not provide the 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).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the 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).
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. The 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
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‘‘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 June 10, 2019. 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: April 2, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2019–06820 Filed 4–9–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0018; FRL–9991–95–
Region 4]
Air Plan Approval; Kentucky: Jefferson
County Prevention of Significant
Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve two revisions 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), with letters dated
August 25, 2017 and March 15, 2018.
The SIP revisions were submitted by the
Cabinet on behalf of the Louisville
Metro Air Pollution Control District
(District) and make amendments to
Jefferson County’s regulation regarding
the prevention of significant
deterioration (PSD) permitting program.
This action is being taken pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule is effective May 10,
2019.
SUMMARY:
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EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2018–0018. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not 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
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management 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:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–8966. Mr. Febres
can also be reached via electronic mail
at febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
EPA is taking final action to approve
changes to the Jefferson County portion
of the Kentucky SIP that were provided
to EPA through two letters dated August
25, 2017 and March 15, 2018.1 EPA is
finalizing approval of portions of these
SIP revisions that make changes to the
District’s Regulation 2.05—Prevention of
Significant Deterioration of Air Quality,
which applies to the construction and
modification of any major stationary
source in areas designated as attainment
or unclassifiable as required by part C
of title I of the CAA. These revisions are
intended to make the Jefferson County
PSD permitting regulation consistent
with the federal requirements, as
promulgated by EPA.2 The August 25,
1 EPA notes that the Agency received the SIP
revisions on August 29, 2017 and March 23, 2018.
2 EPA’s regulations governing the implementation
of New Source Review (NSR) permitting programs
are contained in 40 CFR 51.160–51.166; 52.21,
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Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
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2017, SIP revision updates the
incorporation by reference (IBR) date
found at Regulation 2.05 from July 1,
2010 to July 15, 2016, for the federal
PSD permitting regulations at 40 CFR
52.21. Subsequently, the March 15,
2018, SIP revision updates the IBR date
at Jefferson County’s Regulation 2.05 to
July 15, 2017. By updating the IBR date
for 40 CFR 52.21, Jefferson County is
making the following changes to their
PSD regulations: (1) Adopting
‘‘increments’’ for the PM2.5 National
Ambient Air Quality Standard
(NAAQS); (2) adopting updated
greenhouse gases provisions; (3)
incorporating grandfathering provisions
for the 2012 primary annual PM2.5
NAAQS and the 2015 8-hour ozone
NAAQS, as well as adopting the repeal
of grandfathering provisions for the
previous PM2.5 NAAQS; and (4)
incorporating a correction to the
definition of ‘‘regulated NSR pollutant’’
for PSD.
In a notice of proposed rulemaking
(NPRM) published on February 1, 2019,
(84 FR 1016), EPA proposed to approve
the aforementioned changes to Jefferson
County’s Regulation 2.05, which
addressed the federal PSD permitting
requirement through the IBR date for 40
CFR 52.21.3 Comments on the NPRM
were due on or before March 4, 2019.
52.24; and part 51, Appendix S. The CAA NSR
program is composed of three separate programs:
PSD, nonattainment NSR (NNSR), and Minor NSR.
The PSD program is established in part C of title
I of the CAA and applies in areas that meet the
National Ambient Air Quality Standards
(NAAQS)—‘‘attainment areas’’—as well as areas
where there is insufficient information to determine
if the area meets the NAAQS—‘‘unclassifiable
areas.’’ The NNSR program is established in part D
of title I of the CAA and applies in areas that are
not in attainment of the NAAQS—‘‘nonattainment
areas.’’ The Minor NSR program addresses
construction or modification activities that do not
qualify as ‘‘major’’ and applies regardless of the
designation of the area in which a source is located.
Together, these programs are referred to as the NSR
programs.
3 EPA has not approved, and is not currently
approving into the Jefferson County portion of the
Kentucky SIP, the provisions of the Ethanol Rule
(May 1, 2007, 72 FR 24060), that seek to exclude
facilities that produce ethanol through a natural
fermentation process, from the definition of
‘‘chemical process plants’’ in the major NSR source
permitting program found at 40 CFR
52.21(b)(1)(i)(a) and (b)(1)(iii)(t). Additionally, EPA
notes that the PSD provisions found at 40 CFR
52.21(b)(2)(v) and (b)(3)(iii)(c), regarding the
Fugitive Emissions Rule (December 19, 2008; 73 FR
77882), were initially stayed for an 18-month period
on March 31, 2010, and subsequently stayed
indefinitely by the Fugitive Emissions Interim Rule,
on March 30, 2011 (76 FR 17548). These fugitive
emissions provisions are automatically stayed in
the Jefferson County portion of the Kentucky SIP,
under the SIP-approved ‘‘automatic rescission
clause’’ at Regulation 2.05, which provides that in
the event that EPA or a federal court stays, vacates,
or withdraws any section or subsection of 40 CFR
52.21, that section or subsection shall automatically
be deemed stayed, vacated or withdrawn.
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EPA received no adverse comments on
the proposed action, therefore EPA is
now taking final action to approve the
above-referenced revision.
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, EPA is finalizing the incorporation
by reference of Jefferson County’s
Regulation 2.05, Prevention of
Significant Deterioration of Air Quality,
version 13, which is intended to make
the Jefferson County PSD permitting
regulations consistent with the federal
requirements and became state effective
January 17, 2018. EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov 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
III. Final Action
EPA is approving changes to the
Jefferson County portion of the
Kentucky SIP that were provided to EPA
through two SIP revisions dated August
25, 2017 and March 15, 2018, to update
the IBR date for the federal requirements
of the PSD program found at 40 CFR
52.21. Through these SIP revisions, the
IBR date at Jefferson County’s
Regulation 2.05—Prevention of
Significant Deterioration of Air Quality,
is updated to July 15, 2017. EPA is
approving these SIP revisions because
the Agency has determined that they are
consistent with the CAA and would not
interfere with attainment or
maintenance of any NAAQS, reasonable
further progress, or any other applicable
requirement.
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,
4 See
PO 00000
62 FR 27968 (May 22, 1997).
Frm 00011
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14269
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:
• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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
• 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
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
E:\FR\FM\10APR1.SGM
10APR1
14270
Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
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 June 10, 2019. 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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart (S)—Kentucky
2. In § 52.920, table 2 in paragraph (c)
is amended under ‘‘Reg 2—Permit
Requirements’’ by revising the entry for
‘‘2.05’’ to read as follows:
■
§ 52.920
Identification of plan.
*
*
*
(c) * * *
*
*
*
Dated: March 29, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
*
*
*
*
40 CFR part 52 is amended as follows:
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
Title/subject
*
*
EPA
approval
date
Federal
Register
notice
*
District
effective
date
Explanation
*
*
*
*
Reg 2—Permit Requirements
*
2.05 ................
*
Permits ..........
*
*
*
*
4/10/2019
*
*
*
*
*
[FR Doc. 2019–07020 Filed 4–9–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2018–0723; FRL–9991–74–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Wyoming; Interstate Transport for the
2008 Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving a submittal
from the State of Wyoming that
SUMMARY:
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[Insert Federal Register citation].
Jkt 247001
*
01/17/18
*
*
*
*
This approval does not include Jefferson County’s revisions to incorporate by reference the Ethanol Rule (May
1, 2007), of the Fugitives Emissions Rule (December
19, 2008).
*
demonstrates that the Wyoming State
Implementation Plan (SIP) meets certain
interstate transport requirements of the
Clean Air Act (Act or CAA) for the 2008
ozone National Ambient Air Quality
Standards (NAAQS). Specifically, the
submittal meets the requirement that
Wyoming’s SIP contain adequate
provisions to prohibit emissions in
amounts which will interfere with
maintenance of the 2008 ozone NAAQS
in any other state. The EPA is taking
this action pursuant to section 110 of
the Clean Air Act (CAA).
DATES:
This rule is effective on May 10,
2019.
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2018–0723. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
ADDRESSES:
PO 00000
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*
*
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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, EPA, Region
8, Mailcode 8P–AR, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
On February 3, 2017 (82 FR 9142), the
EPA disapproved Wyoming’s February
6, 2014 2008 ozone infrastructure SIP
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]]>Agencies
[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14268-14270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07020]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0018; FRL-9991-95-Region 4]
Air Plan Approval; Kentucky: Jefferson County Prevention of
Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve two revisions 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), with
letters dated August 25, 2017 and March 15, 2018. The SIP revisions
were submitted by the Cabinet on behalf of the Louisville Metro Air
Pollution Control District (District) and make amendments to Jefferson
County's regulation regarding the prevention of significant
deterioration (PSD) permitting program. This action is being taken
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective May 10, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0018. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not 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 www.regulations.gov or in hard copy at the Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management 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: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
The telephone number is (404) 562-8966. Mr. Febres can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve changes to the Jefferson
County portion of the Kentucky SIP that were provided to EPA through
two letters dated August 25, 2017 and March 15, 2018.\1\ EPA is
finalizing approval of portions of these SIP revisions that make
changes to the District's Regulation 2.05--Prevention of Significant
Deterioration of Air Quality, which applies to the construction and
modification of any major stationary source in areas designated as
attainment or unclassifiable as required by part C of title I of the
CAA. These revisions are intended to make the Jefferson County PSD
permitting regulation consistent with the federal requirements, as
promulgated by EPA.\2\ The August 25,
[[Page 14269]]
2017, SIP revision updates the incorporation by reference (IBR) date
found at Regulation 2.05 from July 1, 2010 to July 15, 2016, for the
federal PSD permitting regulations at 40 CFR 52.21. Subsequently, the
March 15, 2018, SIP revision updates the IBR date at Jefferson County's
Regulation 2.05 to July 15, 2017. By updating the IBR date for 40 CFR
52.21, Jefferson County is making the following changes to their PSD
regulations: (1) Adopting ``increments'' for the PM2.5
National Ambient Air Quality Standard (NAAQS); (2) adopting updated
greenhouse gases provisions; (3) incorporating grandfathering
provisions for the 2012 primary annual PM2.5 NAAQS and the
2015 8-hour ozone NAAQS, as well as adopting the repeal of
grandfathering provisions for the previous PM2.5 NAAQS; and
(4) incorporating a correction to the definition of ``regulated NSR
pollutant'' for PSD.
---------------------------------------------------------------------------
\1\ EPA notes that the Agency received the SIP revisions on
August 29, 2017 and March 23, 2018.
\2\ EPA's regulations governing the implementation of New Source
Review (NSR) permitting programs are contained in 40 CFR 51.160-
51.166; 52.21, 52.24; and part 51, Appendix S. The CAA NSR program
is composed of three separate programs: PSD, nonattainment NSR
(NNSR), and Minor NSR. The PSD program is established in part C of
title I of the CAA and applies in areas that meet the National
Ambient Air Quality Standards (NAAQS)--``attainment areas''--as well
as areas where there is insufficient information to determine if the
area meets the NAAQS--``unclassifiable areas.'' The NNSR program is
established in part D of title I of the CAA and applies in areas
that are not in attainment of the NAAQS--``nonattainment areas.''
The Minor NSR program addresses construction or modification
activities that do not qualify as ``major'' and applies regardless
of the designation of the area in which a source is located.
Together, these programs are referred to as the NSR programs.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on February 1,
2019, (84 FR 1016), EPA proposed to approve the aforementioned changes
to Jefferson County's Regulation 2.05, which addressed the federal PSD
permitting requirement through the IBR date for 40 CFR 52.21.\3\
Comments on the NPRM were due on or before March 4, 2019. EPA received
no adverse comments on the proposed action, therefore EPA is now taking
final action to approve the above-referenced revision.
---------------------------------------------------------------------------
\3\ EPA has not approved, and is not currently approving into
the Jefferson County portion of the Kentucky SIP, the provisions of
the Ethanol Rule (May 1, 2007, 72 FR 24060), that seek to exclude
facilities that produce ethanol through a natural fermentation
process, from the definition of ``chemical process plants'' in the
major NSR source permitting program found at 40 CFR
52.21(b)(1)(i)(a) and (b)(1)(iii)(t). Additionally, EPA notes that
the PSD provisions found at 40 CFR 52.21(b)(2)(v) and
(b)(3)(iii)(c), regarding the Fugitive Emissions Rule (December 19,
2008; 73 FR 77882), were initially stayed for an 18-month period on
March 31, 2010, and subsequently stayed indefinitely by the Fugitive
Emissions Interim Rule, on March 30, 2011 (76 FR 17548). These
fugitive emissions provisions are automatically stayed in the
Jefferson County portion of the Kentucky SIP, under the SIP-approved
``automatic rescission clause'' at Regulation 2.05, which provides
that in the event that EPA or a federal court stays, vacates, or
withdraws any section or subsection of 40 CFR 52.21, that section or
subsection shall automatically be deemed stayed, vacated or
withdrawn.
---------------------------------------------------------------------------
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, EPA is finalizing the incorporation by reference of Jefferson
County's Regulation 2.05, Prevention of Significant Deterioration of
Air Quality, version 13, which is intended to make the Jefferson County
PSD permitting regulations consistent with the federal requirements and
became state effective January 17, 2018. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov 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 changes to the Jefferson County portion of the
Kentucky SIP that were provided to EPA through two SIP revisions dated
August 25, 2017 and March 15, 2018, to update the IBR date for the
federal requirements of the PSD program found at 40 CFR 52.21. Through
these SIP revisions, the IBR date at Jefferson County's Regulation
2.05--Prevention of Significant Deterioration of Air Quality, is
updated to July 15, 2017. EPA is approving these SIP revisions because
the Agency has determined that they are consistent with the CAA and
would not interfere with attainment or maintenance of any NAAQS,
reasonable further progress, or any other applicable requirement.
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:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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
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 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
[[Page 14270]]
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 June 10, 2019. 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, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: March 29, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended 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, table 2 in paragraph (c) is amended under ``Reg 2--
Permit Requirements'' by revising the entry for ``2.05'' to read as
follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
* * * * *
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
EPA approval Federal District
Reg Title/subject date Register notice effective date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Reg 2--Permit Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2.05............... Permits........... 4/10/2019 [Insert Federal 01/17/18 This approval does
Register not include
citation]. Jefferson County's
revisions to
incorporate by
reference the
Ethanol Rule (May
1, 2007), of the
Fugitives Emissions
Rule (December 19,
2008).
* * * * * * *
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* * * * *
[FR Doc. 2019-07020 Filed 4-9-19; 8:45 am]
BILLING CODE 6560-50-P
