Air Plan Approval; Kentucky: Jefferson County Existing and New VOC Water Separators Rule Revision, 33004-33006 [2019-14631]
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33004
Federal Register / Vol. 84, No. 133 / Thursday, July 11, 2019 / Rules and Regulations
Subpart D—Arizona
2. In § 52.120 (e), amend Table 1 by
adding an entry for ‘‘Arizona State
Implementation Plan Revision: Regional
Haze 5-Year Progress Report’’ before the
■
entry for ‘‘Arizona State Implementation
Plan Revision under Clean Air Act
Section 110(a)(1) and (2);
Implementation of the 2008 Lead
National Ambient Air Quality
Standards, excluding the appendices.’’
The addition reads as follows:
§ 52.120
*
Identification of plan.
*
*
(e) * * *
*
*
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable geographic
or nonattainment area
or title/subject
Name of SIP provision
State submittal date
EPA approval date
Explanation
The State of Arizona Air Pollution Control Implementation Plan
Clean Air Act Section 110(a)(2) State Implementation Plan Elements (Excluding Part D Elements and Plans)
*
*
Arizona State Implementation Plan
Revision: Regional Haze 5-Year
Progress Report, excluding Appendix A-Public Process.
*
*
State-wide .................
*
*
November 12, 2015 ..
*
*
*
*
July 11, 2019, [Insert Federal
Register Citation].
*
*
*
*
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
*
*
*
*
*
3. Section 52.145 is amended by
adding paragraph (n) to read as follows:
■
§ 52.145
Visibility protection.
*
*
*
*
*
(n) Approval. On November 12, 2015,
the Arizona Department of
Environmental Quality submitted the
‘‘Arizona State Implementation Plan
Revision: Regional Haze 5-Year Progress
Report’’ (‘‘Progress Report’’). The
Progress Report meets the requirements
of the Regional Haze Rule in 40 CFR
51.308.
[FR Doc. 2019–14692 Filed 7–10–19; 8:45 a.m.]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0807; FRL–9996–24–
Region 4]
Air Plan Approval; Kentucky: Jefferson
County Existing and New VOC Water
Separators Rule Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jspears on DSK30JT082PROD with RULES
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 Kentucky Division of Air
SUMMARY:
VerDate Sep<11>2014
16:09 Jul 10, 2019
Jkt 247001
Quality (KDAQ), through a letter dated
March 15, 2018. The changes were
submitted by KDAQ on behalf of the
Louisville Metro Air Pollution Control
District (LMAPCD) (also referred to
herein as Jefferson County) and make
minor ministerial amendments to
applicability dates and clarify standards
applicable to both existing and new
volatile organic compounds (VOC)
water separators. EPA is approving
these changes because they are
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule will be effective August
12, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2018–0609. 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 and Radiation Division
(formerly the Air, Pesticides and Toxics
Management Division), U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
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:
Evan Adams of 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.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
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 a letter dated March 15,
2018.1 EPA is finalizing approval of the
portions of these SIP revisions that
make changes to the District’s
Regulation 6.26, Standards of
Performance for Existing Volatile
Organic Compound Water Separators,
and Regulation 7.36, Standards of
Performance for New Volatile Organic
Compound Water Separators.2 The
1 EPA notes that the Agency received the SIP
revision on March 23, 2018.
2 EPA also notes that the Agency received several
other revisions to the Jefferson County portion of
the Kentucky SIP submitted with the same March
E:\FR\FM\11JYR1.SGM
11JYR1
Federal Register / Vol. 84, No. 133 / Thursday, July 11, 2019 / Rules and Regulations
March 15, 2018, SIP revisions make
minor and administrative changes that
clarify the applicability of these
regulations, as well as correct an
applicability date overlap of four years
between the standards for new and
existing VOC water separators. The SIP
revisions update the current SIPapproved versions of Regulation 6.26
(Version 2) and Regulation 7.36 (Version
3) to Version 3 and Version 4,
respectively.
In a notice of proposed rulemaking
(NPRM) published on March 29, 2019
(84 FR 11919), EPA proposed to approve
the aforementioned changes to
Regulations 6.26 and 7.36 in the
Jefferson County portion of the
Kentucky SIP, which address the
control of emissions from existing and
new VOC water separators, respectively.
The NPRM provides additional details
regarding EPA’s action. Comments on
the NPRM were due on or before April
29, 2019. EPA received no comments on
the proposed action, so EPA is now
taking final action to approve the abovereferenced revisions.
jspears on DSK30JT082PROD with RULES
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 6.26, Standards of
Performance for Existing Volatile
Organic Compound Water Separators,
Version 3, and Regulation 7.36,
Standards of Performance for New
Volatile Organic Compound Water
Separators, Version 4, both 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
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
15, 2018, cover letter. EPA will be considering
action on the remaining revisions in separate
actions.
3 See 62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:58 Jul 10, 2019
Jkt 247001
III. Final Action
EPA is taking final action to approve
the aforementioned changes to the
Jefferson County portion of the
Kentucky SIP. These rule adoptions do
not contravene federal permitting
requirements or existing EPA policy,
nor will they impact the National
Ambient Air Quality Standards or
interfere with any other applicable
requirement of the Act.
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
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
33005
• 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
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 September 9, 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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: June 26, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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11JYR1
33006
Federal Register / Vol. 84, No. 133 / Thursday, July 11, 2019 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
b. Under ‘‘Reg 7—Standards of
Performance for New Affected
Facilities’’ by revising the entry for
‘‘7.36’’ to read as follows:
Subpart (S)—Kentucky
■
2. Section 52.920(c), Table 2, is
amended:
■ a. Under ‘‘Reg 6—Standards of
Performance for Existing Affected
Facilities’’ by revising the entry for
‘‘6.26’’; and
§ 52.920
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Identification of plan.
*
*
*
(c) * * *
*
*
*
*
*
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA approval
date
Title/subject
*
*
*
*
District
effective
date
Federal Register notice
*
*
Explanation
*
Reg 6—Standards of Performance for Existing Affected Facilities
*
*
*
6.26 ........ Standards of Performance for Existing Volatile Organic Compound Water Separators.
*
*
*
*
7/11/2019
*
*
[Insert citation of publication].
*
*
*
1/17/18
*
*
Reg 7—Standards of Performance for New Affected Facilities
*
*
*
7.36 ........ Standards of Performance for New Volatile Organic
Compound Water Separators.
*
*
*
*
*
*
*
*
[FR Doc. 2019–14631 Filed 7–10–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0397; FRL–9996–28–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Basic Inspection and
Maintenance Program Certification
State Implementation Plan for the
Baltimore Nonattainment Area Under
the 2008 Ozone National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Maryland.
This SIP revision satisfies a Clean Air
Act (CAA) requirement for enactment of
a vehicle emissions inspection and
maintenance (I/M) program in the
Baltimore area—where ambient air
jspears on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:09 Jul 10, 2019
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*
7/11/2019
*
*
[Insert citation of publication].
*
quality has been classified by EPA as
‘‘Moderate’’ or higher nonattainment of
federal ozone national ambient air
quality standards (NAAQS) established
in 2008 (hereafter referred to as the 2008
ozone NAAQS). The CAA requires
states to demonstrate that any moderate
ozone nonattainment area has adopted a
basic I/M program (as defined by the
CAA). In the event an I/M program was
previously enacted to meet a prior
NAAQS or other CAA requirement, the
state must show that the enacted I/M
program continues to meet applicable
federal requirements for a basic I/M
program. Maryland’s SIP revision that is
the subject of this action pertains to
CAA requirements for a basic I/M
program in the Baltimore area for the
2008 ozone NAAQS. EPA is approving
Maryland’s I/M program certification, in
accordance with the requirements of the
CAA.
DATES: This final rule is effective on
August 12, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0397. 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., confidential business
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
*
*
1/17/18
*
*
information (CBI) 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 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:
Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2176.
Mr. Rehn can also be reached via
electronic mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
On March 19, 2019 (84 FR 9993), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
Maryland. In the NPRM, EPA proposed
approval of Maryland’s SIP revision
certifying that the existing vehicle
emission inspection program
implemented in the Baltimore ozone
nonattainment area satisfies the CAA
E:\FR\FM\11JYR1.SGM
11JYR1
Agencies
[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Rules and Regulations]
[Pages 33004-33006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14631]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0807; FRL-9996-24-Region 4]
Air Plan Approval; Kentucky: Jefferson County Existing and New
VOC Water Separators Rule Revision
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 Kentucky Division of Air Quality (KDAQ),
through a letter dated March 15, 2018. The changes were submitted by
KDAQ on behalf of the Louisville Metro Air Pollution Control District
(LMAPCD) (also referred to herein as Jefferson County) and make minor
ministerial amendments to applicability dates and clarify standards
applicable to both existing and new volatile organic compounds (VOC)
water separators. EPA is approving these changes because they are
consistent with the Clean Air Act (CAA or Act).
DATES: This rule will be effective August 12, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0609. 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 and Radiation Division (formerly the 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: Evan Adams of 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. The telephone number is
(404) 562-9009. Mr. Adams 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 a
letter dated March 15, 2018.\1\ EPA is finalizing approval of the
portions of these SIP revisions that make changes to the District's
Regulation 6.26, Standards of Performance for Existing Volatile Organic
Compound Water Separators, and Regulation 7.36, Standards of
Performance for New Volatile Organic Compound Water Separators.\2\ The
[[Page 33005]]
March 15, 2018, SIP revisions make minor and administrative changes
that clarify the applicability of these regulations, as well as correct
an applicability date overlap of four years between the standards for
new and existing VOC water separators. The SIP revisions update the
current SIP-approved versions of Regulation 6.26 (Version 2) and
Regulation 7.36 (Version 3) to Version 3 and Version 4, respectively.
---------------------------------------------------------------------------
\1\ EPA notes that the Agency received the SIP revision on March
23, 2018.
\2\ EPA also notes that the Agency received several other
revisions to the Jefferson County portion of the Kentucky SIP
submitted with the same March 15, 2018, cover letter. EPA will be
considering action on the remaining revisions in separate actions.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on March 29,
2019 (84 FR 11919), EPA proposed to approve the aforementioned changes
to Regulations 6.26 and 7.36 in the Jefferson County portion of the
Kentucky SIP, which address the control of emissions from existing and
new VOC water separators, respectively. The NPRM provides additional
details regarding EPA's action. Comments on the NPRM were due on or
before April 29, 2019. EPA received no comments on the proposed action,
so EPA is now taking final action to approve the above-referenced
revisions.
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 6.26, Standards of Performance for Existing
Volatile Organic Compound Water Separators, Version 3, and Regulation
7.36, Standards of Performance for New Volatile Organic Compound Water
Separators, Version 4, both 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 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\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action to approve the aforementioned changes to
the Jefferson County portion of the Kentucky SIP. These rule adoptions
do not contravene federal permitting requirements or existing EPA
policy, nor will they impact the National Ambient Air Quality Standards
or interfere with any other applicable requirement of the Act.
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 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 September 9, 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: June 26, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
[[Page 33006]]
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. Section 52.920(c), Table 2, is amended:
0
a. Under ``Reg 6--Standards of Performance for Existing Affected
Facilities'' by revising the entry for ``6.26''; and
0
b. Under ``Reg 7--Standards of Performance for New Affected
Facilities'' by revising the entry for ``7.36'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
* * * * *
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
EPA approval Federal Register District
Reg Title/subject date notice effective date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Reg 6--Standards of Performance for Existing Affected Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
6.26........... Standards of 7/11/2019 [Insert citation 1/17/18
Performance for of publication].
Existing Volatile
Organic Compound
Water Separators.
* * * * * * *
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Reg 7--Standards of Performance for New Affected Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
7.36........... Standards of 7/11/2019 [Insert citation 1/17/18
Performance for New of publication].
Volatile Organic
Compound Water
Separators.
* * * * * * *
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* * * * *
[FR Doc. 2019-14631 Filed 7-10-19; 8:45 am]
BILLING CODE 6560-50-P