Air Plan Approval; Kentucky: Jefferson County Definitions and Federally Enforceable District Origin Operating Permits, 35828-35831 [2019-15762]
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Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
TABLE 1
[Datum NAD 1983]
Event
Location
Event date
(1) Charlevoix Venetian Festival
Friday
Night
Fireworks;
Charlevoix, MI.
All U.S. navigable waters of Lake Charlevoix, in the vicinity of Depot
Beach, within the arc of a circle with an approximate 1200-foot radius from the fireworks launch site located on a barge in position
45°19′08″ N, 085°14′18″ W.
All U.S. navigable waters of Round Lake within the arc of a circle
with an approximate 250-foot radius from the fireworks launch site
located on a barge in position 45°19′03″ N, 085°15′18″ W.
All U.S. navigable waters within the arc of a circle with an approximate 350-foot radius from the fireworks launch site located on a
barge in position 44°54′6.95″ N, 85°25′3.11″ W.
All U.S. navigable waters within the arc of a circle with an approximate 560-foot radius from the fireworks launch site located near
Harbor View Road in position 45°25′04.72″ N, 83°47′51.21″ W.
July 26, 2019 from 9:30 p.m. to 11
p.m.
(2) Charlevoix Venetian Saturday
Night Fireworks; Charlevoix, MI.
(3) Elk Rapids Harbor Days Fireworks; Elk Rapids, MI.
(4) Nautical City Fireworks; Rogers
City.
This action is being taken to provide
for the safety of life on navigable
waterways during the fireworks
displays. The regulations for safety
zones within the Captain of the Port
Sault Sainte Marie Zone, § 165.918,
apply for these fireworks displays.
This notice of enforcement is issued
under authority of 33 CFR 165.918 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Sault Sainte Marie
determines that the safety zone need not
be enforced for the full duration stated
in this notice of enforcement he or she
may use a Broadcast Notice to Mariners
to grant general permission to enter the
respective safety zone.
Dated: July 22, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2019–15789 Filed 7–24–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
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[Docket No. USCG–2019–0593]
Safety Zone; Recurring Events in
Captain of the Port Duluth Zone—
Superior Man Triathlon
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone regulation for the
SUMMARY:
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Superior Man Triathlon event in
Duluth, MN from 5:30 a.m. through 8:30
a.m. on August 10, 2019. This action is
necessary to protect participants and
spectators during the event. During the
enforcement period, entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Duluth or his or her designated on-scene
representative.
DATES: The regulations in Table 1 to 33
CFR 165.94, item (11), will be enforced
from 5:30 a.m. through 8:30 a.m. on
August 10, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email LT Abbie Lyons, Chief of
Waterways Management, Coast Guard;
telephone (218) 725–3818, email
DuluthWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
regulation for the annual Superior Man
Triathlon event in 33 CFR 165.943,
Table 1, item (11), from 5:30 a.m.
through 8:30 a.m. on August 10, 2019 on
all waters of the Duluth Harbor Basin,
Northern Section in Duluth, MN within
an imaginary line created by the
following coordinates: 46°46′36″ N,
092°06′06″ W, moving southeast to
46°46′32″ N, 092°06′01″ W, then moving
northeast to 46°46′45″ N, 092°05′45″ W,
then moving northwest to 46°46′49″ N,
092°05′49″ W, and finally returning to
the starting position.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Duluth or his or her designated onscene representative. The Captain of the
Port Duluth or his or her on-scene
representative may be contacted via
VHF Channel 16.
This document is issued under
authority of 33 CFR 165.943 and 5
U.S.C. 552(a). In addition to this
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July 27, 2019 from 9:30 p.m. to 11
p.m.
August 3, 2019 from 9:30 p.m. to
10:30 p.m.
August 4, 2019 from 9:30 p.m. to
10:30 p.m. Rain date August 11,
2019 from 9:30 p.m. to 10:30
p.m.
publication in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
the enforcement of this safety zone via
Broadcast Notice to Mariners.
Dated: July 22, 2019.
F.M. Smith,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2019–15798 Filed 7–24–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0758; FRL–9996–92–
Region 4]
Air Plan Approval; Kentucky: Jefferson
County Definitions and Federally
Enforceable District Origin Operating
Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted under cover letters dated
December 21, 2016, and August 25,
2017, by the Commonwealth of
Kentucky, through the Energy and
Environment Cabinet (Cabinet). The SIP
revisions were submitted by the Cabinet
on behalf of the Louisville Metro Air
Pollution Control District (LMAPCD or
District) and make amendments to
Jefferson County’s regulations regarding
definitions and the federally enforceable
district origin operating permit
(FEDOOP) program. EPA is approving
the revisions modifying these
regulations because the Agency believes
SUMMARY:
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Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
they are consistent with the Clean Air
Act (CAA or Act).
DATES: This rule will be effective August
26, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0758. 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,
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: D.
Brad Akers, 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.
Mr. Akers can be reached via telephone
at 404–562–9089 or via electronic mail
at akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
EPA is approving changes to the
Jefferson County portion of the
Kentucky SIP that were provided to EPA
through letters dated December 21, 2016
and August 25, 2017.1 2 Both submittals
make changes to Regulation 1.02,—
‘‘Definitions,’’ to incorporate various
new definitions and revise existing
definitions. The August 25, 2017,
1 EPA notes that the Agency received the SIP
revision dated August 25, 2017 on August 29, 2017.
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, each of the regulations in the
Jefferson County portion of the Kentucky SIP still
has the subheading ‘‘Air Pollution Control District
of Jefferson County.’’ Thus, to be consistent with
the terminology used in the SIP, we refer
throughout this notice to regulations contained in
the Jefferson County portion of the Kentucky SIP as
the ‘‘Jefferson County’’ regulations.
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submittal also makes changes to
Regulation 2.17,—‘‘Federally
Enforceable District Origin Operating
Permits [FEDOOP],’’ to make clarifying
and administrative edits to this portion
of the minor source operating permit
program. The changes addressed in this
final rulemaking also correct
typographical errors, make minor
administrative and clarifying edits, and
recodify sections of the existing rules.
Specifically, the August 25, 2017, SIP
revision includes several changes to
Regulation 1.02,—‘‘Definitions,’’ as
follows: (1) Adds a definition for
‘‘administrative permit revision’’; (2)
adds a definition for ‘‘emissions unit’’ or
‘‘facility’’; (3) adds a definition for
‘‘insignificant activity’’; (4) adds a
definition for ‘‘minor permit revision’’;
(5) adds a definition for ‘‘minor source’’;
(6) adds a definition for ‘‘regulated air
pollutant’’; (7) adds a definition for
‘‘responsible official’’; (8) adds a
definition for ‘‘significant permit
revision’’; (9) adds a definition for
‘‘trivial activities’’; (10) adds a
definition for ‘‘twelve month rolling
period’’ or ‘‘12-month rolling period’’;
and (11) makes other clarifying and
administrative edits to definitions
throughout the Section, including
renumbering. The December 21, 2016,
submittal 3 makes further edits to
Regulation 1.02 to incorporate changes
to the definition of volatile organic
compounds (VOC), consistent with
Federal regulations, and to make other
administrative edits to definitions
throughout the Section.
The August 25, 2017, SIP revision
also modifies Regulation 2.17 to include
provisions for Section 4,—‘‘Permit
Applications,’’ to describe the required
content of FEDOOP applications,
including the treatment of ‘‘insignificant
activities’’ and ‘‘trivial activities.’’ The
District’s changes at Regulation 2.17,
Section 4—as applicable to sources
subject to FEDOOP requirements—are
consistent with EPA’s permit
application requirements for title V
sources. Furthermore, Regulation 2.17 is
3 The December 21, 2016, SIP revision includes
version 14 of Regulation 1.02, but was submitted
before version 13 was submitted. Regulation 1.02,
version 13 was submitted on August 25, 2017. The
December 21, 2016, submittal includes two separate
redline/strikeout documents for Regulation 1.02.
The first document, beginning on page 13 of the
PDF submittal, shows all changes made in versions
11, 12, 13, and 14 of that rule. The second
document, beginning on page 27 of the pdf
submittal, shows only those changes made in
version 14. EPA previously approved versions 11
and 12. See 81 FR 87815 (December 6, 2016); 82
FR 35101 (July 28, 2017). Accordingly, we are only
approving changes included in versions 13 and 14
of Regulation 1.02—as submitted on August 25,
2017, and December 21, 2016, respectively—in this
action.
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changed at Section 3 to clarify that a set
5-year term applies to FEDOOPs prior to
a required renewal. There are no Federal
term limit requirements applicable to
these minor source operating permits,
though EPA notes the 5-year time period
is consistent with Federal title V
requirements.
See EPA’s May 20, 2019, (84 FR
22771) proposed rule (NPRM) for
further detail on these changes and
EPA’s rationale for approving them.
EPA received no adverse comments on
the NPRM. Therefore, in this action,
EPA is approving these SIP revisions
that make changes to Jefferson County’s
definitions and FEDOOP regulations
because they are consistent with the
CAA.
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 1.02,—‘‘Definitions,’’ version
14, State effective September 21, 2016,4
which makes various changes to
applicable definitions, and Regulation
2.17,—‘‘Federally Enforceable District
Origin Operating Permits,’’ version 4,
effective May 15, 2013, which adds
provisions describing permit
application content for these types of
permits. 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.5
4 The District approved version 13 of Regulation
1.02 on July 2, 2013, and version 14 on September
21, 2016. The Commonwealth forwarded the
regulations to EPA in the opposite order. Although
the most recent submittal by the Commonwealth
transmits version 13, EPA understands the
Commonwealth’s intent is to incorporate version 14
of the regulation into the SIP (thereby incorporating
changes in both versions 13 and 14). For that
reason, EPA is incorporating by reference
Regulation 1.02 as of version 14’s State-effective
date, September 21, 2016.
5 See 62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
III. Final Action
EPA is approving Kentucky’s
December 21, 2016, and August 25,
2017, SIP revisions. Specifically, EPA is
approving these SIP revisions to
Jefferson County’s Regulations 1.02 and
2.17. The changes at Regulation 1.02
add or modify definitions relating to the
permitting program, modify the
definition of VOC, and make other
clarifying and administrative edits
throughout the rule. The changes to
Regulation 2.17 specify required content
of permit applications and set a term
limit and renewal period for FEDOOPs,
consistent with similar practices for the
Federal title V permitting program. As
discussed in further detail in EPA’s May
20, 2019, (84 FR 22771) NPRM, the
Agency is approving these SIP revisions
because the Agency has determined that
they are consistent with the CAA and
will 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. These actions merely approve
state law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are 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);
• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have federalism implications
as specified in Executive Order 13132
(64 FR 43255, August 10, 1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do 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, these rules do not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will they 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 23, 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 Preference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 11, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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. Section 52.920(c), Table 2, is
amended by:
■ a. Under the heading ‘‘Reg 1—General
Provisions,’’ revising the entry for
‘‘1.02’’; and
■ b. Under the heading ‘‘Reg 2—Permit
Requirements,’’ revising the entry for
‘‘2.17’’.
The revisions read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
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TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
Title/subject
EPA approval
date
District
effective
date
Federal Register notice
Reg 1—General Provisions
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Explanation
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TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY—Continued
EPA approval
date
Reg
Title/subject
*
1.02 ..................
*
*
Definitions ........................................
*
*
District
effective
date
Federal Register notice
*
*
7/25/2019 [Insert citation of publication] ..........
*
*
*
*
Explanation
*
09/21/2016
*
*
Reg 2—Permit Requirements
*
2.17 ..................
*
*
Federally Enforceable District Origin Operating Permits.
*
*
*
*
*
*
*
*
[FR Doc. 2019–15762 Filed 7–24–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0063; FRL–9996–96–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Utah; Revisions to Nonattainment
Permitting Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) revisions submitted by the State of
Utah on March 27, 2014, and August 7,
2018. The submittals revise the portions
of the Utah Administrative Code (UAC)
that pertain to the issuance of Utah air
quality permits for major sources in
nonattainment areas. This action is
being taken under the Clean Air Act
(CAA or Act).
DATES: This final rule is effective on
August 26, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0063. 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 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.
jspears on DSK30JT082PROD with RULES
SUMMARY:
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*
*
7/25/2019 [Insert citation of publication] ..........
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*
*
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:
Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–QP, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6227, leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The EPA is taking final action to fully
approve two revisions submitted by the
State of Utah on March 27, 2014, and
August 7, 2018. The EPA published a
proposed rulemaking for these
submittals on June 5, 2019 (84 FR
26049). As stated in our proposed
rulemaking, Utah submitted revisions to
their nonattainment New Source Review
(NNSR) permitting program on August
20, 2013. The August 20, 2013 submittal
added volatile organic compounds
(VOCs) as a fine particulate matter
(PM2.5) precursor to the NNSR program;
however, the submittal did not establish
a significant emissions rate (SER) for
VOC to determine when a modification
at an existing major source would be a
major modification subject to NNSR
review. On March 27, 2014, Utah
submitted a revision to address the
omission and establish the VOC SER.
The EPA determined that Utah needed
to submit further revisions to address
the remaining deficiencies in the NNSR
permitting program in order for the EPA
to fully approve Utah’s August 20, 2013
submittal. These deficiencies are
outlined in our proposed rulemaking.
On September 30, 2016 Utah
submitted to the EPA a letter
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*
*
5/15/2013
*
*
committing to address the remaining
deficiencies in the State’s
nonattainment permitting program in
R307–403 that were not addressed in
the August 20, 2013 submittal (see
docket). Based on the September 30,
2016 commitment letter, on February 3,
2017 (82 FR 918), the EPA conditionally
approved Utah’s August 20, 2013
submittal. On October 5, 2017 (82 FR
46417), we approved a June 29, 2017
submittal that, among other things,
addressed the deficiency in R307–403–
6 identified in our conditional approval.
On August 7, 2018, Utah submitted
further revisions to address the
remaining deficiencies in their NNSR
program. This submittal also provides a
technical demonstration for exempting
ammonia as a PM2.5 precursor in the
Logan, Utah-Idaho PM2.5 nonattainment
areas and a technical basis for setting an
ammonia SER of 70 tons per year in the
Salt Lake City and Provo PM2.5
nonattainment areas.
We provided a detailed explanation of
the basis for our proposed approval in
our June 5, 2019, rulemaking, which
will not be restated here. See 84 FR
26049. We invited comment on all
aspects of our proposal and provided a
30-day comment period. The comment
period ended on July 5, 2019.
II. Response to Comments
We received no comments during the
public comment period.
III. Final Action
As outlined in our proposed
rulemaking, the EPA is taking final
action to approve the addition of new
and revised rules and renumbering to
rules R307–101 and R307–403 that were
submitted by Utah on March 27, 2014
and August 7, 2018. This final action, in
tandem with our October 5, 2017
approval of R307–403–6, converts the
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]]>Agencies
[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Rules and Regulations]
[Pages 35828-35831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15762]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0758; FRL-9996-92-Region 4]
Air Plan Approval; Kentucky: Jefferson County Definitions and
Federally Enforceable District Origin Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted under cover letters dated
December 21, 2016, and August 25, 2017, by the Commonwealth of
Kentucky, through the Energy and Environment Cabinet (Cabinet). The SIP
revisions were submitted by the Cabinet on behalf of the Louisville
Metro Air Pollution Control District (LMAPCD or District) and make
amendments to Jefferson County's regulations regarding definitions and
the federally enforceable district origin operating permit (FEDOOP)
program. EPA is approving the revisions modifying these regulations
because the Agency believes
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they are consistent with the Clean Air Act (CAA or Act).
DATES: This rule will be effective August 26, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0758. 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, 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: D. Brad Akers, 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. Mr. Akers can be
reached via telephone at 404-562-9089 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the Jefferson County portion of the
Kentucky SIP that were provided to EPA through letters dated December
21, 2016 and August 25, 2017.1 2 Both submittals make
changes to Regulation 1.02,--``Definitions,'' to incorporate various
new definitions and revise existing definitions. The August 25, 2017,
submittal also makes changes to Regulation 2.17,--``Federally
Enforceable District Origin Operating Permits [FEDOOP],'' to make
clarifying and administrative edits to this portion of the minor source
operating permit program. The changes addressed in this final
rulemaking also correct typographical errors, make minor administrative
and clarifying edits, and recodify sections of the existing rules.
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\1\ EPA notes that the Agency received the SIP revision dated
August 25, 2017 on August 29, 2017.
\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, each of the regulations in the Jefferson County
portion of the Kentucky SIP still has the subheading ``Air Pollution
Control District of Jefferson County.'' Thus, to be consistent with
the terminology used in the SIP, we refer throughout this notice to
regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
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Specifically, the August 25, 2017, SIP revision includes several
changes to Regulation 1.02,--``Definitions,'' as follows: (1) Adds a
definition for ``administrative permit revision''; (2) adds a
definition for ``emissions unit'' or ``facility''; (3) adds a
definition for ``insignificant activity''; (4) adds a definition for
``minor permit revision''; (5) adds a definition for ``minor source'';
(6) adds a definition for ``regulated air pollutant''; (7) adds a
definition for ``responsible official''; (8) adds a definition for
``significant permit revision''; (9) adds a definition for ``trivial
activities''; (10) adds a definition for ``twelve month rolling
period'' or ``12-month rolling period''; and (11) makes other
clarifying and administrative edits to definitions throughout the
Section, including renumbering. The December 21, 2016, submittal \3\
makes further edits to Regulation 1.02 to incorporate changes to the
definition of volatile organic compounds (VOC), consistent with Federal
regulations, and to make other administrative edits to definitions
throughout the Section.
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\3\ The December 21, 2016, SIP revision includes version 14 of
Regulation 1.02, but was submitted before version 13 was submitted.
Regulation 1.02, version 13 was submitted on August 25, 2017. The
December 21, 2016, submittal includes two separate redline/strikeout
documents for Regulation 1.02. The first document, beginning on page
13 of the PDF submittal, shows all changes made in versions 11, 12,
13, and 14 of that rule. The second document, beginning on page 27
of the pdf submittal, shows only those changes made in version 14.
EPA previously approved versions 11 and 12. See 81 FR 87815
(December 6, 2016); 82 FR 35101 (July 28, 2017). Accordingly, we are
only approving changes included in versions 13 and 14 of Regulation
1.02--as submitted on August 25, 2017, and December 21, 2016,
respectively--in this action.
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The August 25, 2017, SIP revision also modifies Regulation 2.17 to
include provisions for Section 4,--``Permit Applications,'' to describe
the required content of FEDOOP applications, including the treatment of
``insignificant activities'' and ``trivial activities.'' The District's
changes at Regulation 2.17, Section 4--as applicable to sources subject
to FEDOOP requirements--are consistent with EPA's permit application
requirements for title V sources. Furthermore, Regulation 2.17 is
changed at Section 3 to clarify that a set 5-year term applies to
FEDOOPs prior to a required renewal. There are no Federal term limit
requirements applicable to these minor source operating permits, though
EPA notes the 5-year time period is consistent with Federal title V
requirements.
See EPA's May 20, 2019, (84 FR 22771) proposed rule (NPRM) for
further detail on these changes and EPA's rationale for approving them.
EPA received no adverse comments on the NPRM. Therefore, in this
action, EPA is approving these SIP revisions that make changes to
Jefferson County's definitions and FEDOOP regulations because they are
consistent with the CAA.
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 1.02,--``Definitions,'' version 14, State effective
September 21, 2016,\4\ which makes various changes to applicable
definitions, and Regulation 2.17,--``Federally Enforceable District
Origin Operating Permits,'' version 4, effective May 15, 2013, which
adds provisions describing permit application content for these types
of permits. 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.\5\
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\4\ The District approved version 13 of Regulation 1.02 on July
2, 2013, and version 14 on September 21, 2016. The Commonwealth
forwarded the regulations to EPA in the opposite order. Although the
most recent submittal by the Commonwealth transmits version 13, EPA
understands the Commonwealth's intent is to incorporate version 14
of the regulation into the SIP (thereby incorporating changes in
both versions 13 and 14). For that reason, EPA is incorporating by
reference Regulation 1.02 as of version 14's State-effective date,
September 21, 2016.
\5\ See 62 FR 27968 (May 22, 1997).
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[[Page 35830]]
III. Final Action
EPA is approving Kentucky's December 21, 2016, and August 25, 2017,
SIP revisions. Specifically, EPA is approving these SIP revisions to
Jefferson County's Regulations 1.02 and 2.17. The changes at Regulation
1.02 add or modify definitions relating to the permitting program,
modify the definition of VOC, and make other clarifying and
administrative edits throughout the rule. The changes to Regulation
2.17 specify required content of permit applications and set a term
limit and renewal period for FEDOOPs, consistent with similar practices
for the Federal title V permitting program. As discussed in further
detail in EPA's May 20, 2019, (84 FR 22771) NPRM, the Agency is
approving these SIP revisions because the Agency has determined that
they are consistent with the CAA and will 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. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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, these rules
do not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will they 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 23, 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 Preference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: July 11, 2019.
Mary S. Walker,
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. Section 52.920(c), Table 2, is amended by:
0
a. Under the heading ``Reg 1--General Provisions,'' revising the entry
for ``1.02''; and
0
b. Under the heading ``Reg 2--Permit Requirements,'' revising the entry
for ``2.17''.
The revisions read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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EPA approval Federal Register District
Reg Title/subject date notice effective date Explanation
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Reg 1--General Provisions
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[[Page 35831]]
* * * * * * *
1.02.................. Definitions...... 7/25/2019 [Insert citation 09/21/2016 ...................
of publication].
* * * * * * *
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Reg 2--Permit Requirements
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* * * * * * *
2.17.................. Federally 7/25/2019 [Insert citation 5/15/2013 ...................
Enforceable of publication].
District Origin
Operating
Permits.
* * * * * * *
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* * * * *
[FR Doc. 2019-15762 Filed 7-24-19; 8:45 am]
BILLING CODE 6560-50-P
