Air Plan Approval; KY; Jefferson County Existing and New Miscellaneous Metal Parts and Products Surface Coating Operations, 39756-39758 [2019-17127]
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39756
Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Rules and Regulations
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,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Visibility,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 30, 2019.
Deborah Jordan,
Acting Regional Administrator, EPA Region
IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart M—Hawaii
2. Section 52.620, the table in
paragraph (e) is amended by adding an
entry for ‘‘State of Hawaii Air Pollution
Control Implementation Plans for
Regional Haze,’’ after the entry for
‘‘Section XIV—Resources’’ to read as
follows:
■
§ 52.620
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
Applicable geographic or
nonattainment area or title/
subject
Name of SIP provision
*
*
*
State submittal date
*
EPA approval date
*
Explanation
*
*
*
*
State of Hawaii Air Pollution Control Implementation Plans for Regional Haze
Hawaii State Department of Health 5Year Regional Haze Progress Report
for Federal Implementation Plan, excluding Appendix H, I and J.
*
State-wide .........................
*
*
*
*
*
*
*
3. Section 52.633 is amended by
adding paragraph (e) to read as follows:
■
§ 52.633
Visibility protection.
*
*
*
*
*
(e) Approval. On October 20, 2017,
the Hawaii Department of Health
submitted the ‘‘Hawaii State Department
of Health 5-Year Regional Haze Progress
Report for Federal Implementation
Plan’’ (‘‘Progress Report’’). The Progress
Report meets the requirements of the
Regional Haze Rule in 40 CFR 51.308.
[FR Doc. 2019–17124 Filed 8–9–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
jspears on DSK3GMQ082PROD with RULES
[EPA–R04–OAR–2018–0822; FRL–9997–85–
Region 4]
Air Plan Approval; KY; Jefferson
County Existing and New
Miscellaneous Metal Parts and
Products Surface Coating Operations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
VerDate Sep<11>2014
15:59 Aug 09, 2019
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10/20/2017
*
8/12/2019 [Insert Federal
Register Citation].
*
approve two revisions to the Jefferson
County portion of the Kentucky State
Implementation Plan (SIP), provided by
the Commonwealth of Kentucky,
through the Kentucky Division of Air
Quality (KDAQ), through a letter dated
March 15, 2018. The revisions were
submitted by KDAQ on behalf of the
Louisville Metro Air Pollution Control
District (also referred to herein as
Jefferson County) and add a
recordkeeping provision for certain
sources of volatile organic compounds
along with other administrative
changes. EPA is approving the changes
because they are consistent with the
Clean Air Act (CAA or Act).
DATES: This rule is effective September
11, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2018–0822. 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
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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 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,
E:\FR\FM\12AUR1.SGM
12AUR1
Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Rules and Regulations
2018.1 Specifically, EPA is finalizing
approval of the portions of these SIP
revisions that make changes to the
District’s Regulation 6.31, Standards of
Performance for Existing Miscellaneous
Metal Parts and Products Surface
Coating Operations, and Regulation
7.59, Standards of Performance for New
Miscellaneous Metal Parts and Products
Surface Coating Operations.2 The March
15, 2018, SIP revisions add a new
recordkeeping provision to both
Regulation 6.31 and 7.59 and make a
minor, administrative change that
clarifies the applicability of Regulation
6.31. The SIP revisions update the
current SIP-approved versions of
Regulation 6.31 (Version 5) and
Regulation 7.59 (Version 5) to Version 6
of each. In a notice of proposed
rulemaking (NPRM) published on April
24, 2019 (84 FR 17127), EPA proposed
to approve the aforementioned changes
to Regulations 6.31 and 7.59 in the
Jefferson County portion of the
Kentucky SIP, which address the
control of emissions from existing and
new miscellaneous metal parts and
products surface coating operations,
respectively. The NPRM provides
additional details regarding EPA’s
action. Comments on the NPRM were
due on or before May 24, 2019. EPA
received no comments on the proposed
action, so EPA is now taking final action
to approve the above-referenced
revisions.
jspears on DSK3GMQ082PROD 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 portion
of the Kentucky SIP. Regulation 6.31,
Standards of Performance for Existing
Miscellaneous Metal Parts and Products
Surface Coating Operations, Version 6,
and Regulation 7.59, Standards of
Performance for New Miscellaneous
Metal Parts and Products Surface
Coating Operations, Version 6, 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
1 EPA notes that the Agency received these SIP
revisions on March 23, 2018, along with other
revisions to the Jefferson County portion of the
Kentucky SIP. EPA will be considering action for
those SIP revisions in separate rulemakings.
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.
VerDate Sep<11>2014
15:59 Aug 09, 2019
Jkt 247001
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
INFORMATION CONTACT
III. Final Action
EPA is taking final action to approve
the aforementioned changes to the
Jefferson County portion of the
Kentucky SIP. These rule revisions 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
3 See
PO 00000
62 FR 27968 (May 22, 1997).
Frm 00035
Fmt 4700
Sfmt 4700
39757
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 October 11, 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).
E:\FR\FM\12AUR1.SGM
12AUR1
39758
Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Rules and Regulations
List of Subjects in 40 CFR Part 52
a. Under ‘‘Reg 6—Standards of
Performance for Existing Affected
Facilities’’ by revising the entry for
‘‘6.31’’; and
■ b. Under ‘‘Reg 7—Standards of
Performance for New Affected
Facilities’’ by revising the entry for
‘‘7.59’’.
The revisions read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
Dated: July 29, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
Authority: 42.U.S.C. 7401 et seq.
Subpart (S)—Kentucky
40 CFR part 52 is amended as follows:
§ 52.920
2. In § 52.920, in paragraph (c), table
2, is amended:
*
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA approval
date
Title/subject
*
*
*
Federal Register
notice
*
District effective date
Explanation
*
*
*
Reg 6–Standards of Performance for Existing Affected Facilities
*
*
*
6.31 ........ Standards of Performance for Existing Miscellaneous Metal Parts and
Products Surface Coating Operations.
*
*
8/12/19
*
*
[Insert citation of
publication].
*
*
*
1/17/18
*
*
*
*
*
*
*
Reg 7—Standards of Performance for New Affected Facilities
*
7.59 ........
*
*
Standards of Performance for New
Miscellaneous Metal Parts and
Products Surface Coating Operations.
*
*
*
*
*
*
*
*
[FR Doc. 2019–17127 Filed 8–9–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0010; FRL–9997–97–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Nonattainment New Source
Review Requirements for 2008 8-Hour
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jspears on DSK3GMQ082PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by Delaware. The revision is
in response to EPA’s February 3, 2017
SUMMARY:
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8/12/19
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*
[Insert citation of
publication].
*
*
1/17/18
*
Findings of Failure to Submit for
various requirements relating to the
2008 8-hour ozone national ambient air
quality standards (NAAQS). This SIP
revision is specific to nonattainment
new source review (NNSR)
requirements. This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
September 11, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0010. 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.
Publicly available docket materials are
available through https://
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Johansen, Permits Branch (3AD10),
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Ms. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 19, 2019 (84 FR 16426), EPA
published a notice of proposed
rulemaking (NPRM) for Delaware. In the
NPRM, EPA proposed approval of
Delaware’s NNSR Certification for the
2008 8-hour ozone NAAQS. The formal
SIP revision was submitted by the
Department of Natural Resources and
Environmental Control (DNREC) on
E:\FR\FM\12AUR1.SGM
12AUR1
Agencies
[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Rules and Regulations]
[Pages 39756-39758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17127]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0822; FRL-9997-85-Region 4]
Air Plan Approval; KY; Jefferson County Existing and New
Miscellaneous Metal Parts and Products Surface Coating Operations
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), provided by the Commonwealth
of Kentucky, through the Kentucky Division of Air Quality (KDAQ),
through a letter dated March 15, 2018. The revisions were submitted by
KDAQ on behalf of the Louisville Metro Air Pollution Control District
(also referred to herein as Jefferson County) and add a recordkeeping
provision for certain sources of volatile organic compounds along with
other administrative changes. EPA is approving the changes because they
are consistent with the Clean Air Act (CAA or Act).
DATES: This rule is effective September 11, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0822. 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,
[[Page 39757]]
2018.\1\ Specifically, EPA is finalizing approval of the portions of
these SIP revisions that make changes to the District's Regulation
6.31, Standards of Performance for Existing Miscellaneous Metal Parts
and Products Surface Coating Operations, and Regulation 7.59, Standards
of Performance for New Miscellaneous Metal Parts and Products Surface
Coating Operations.\2\ The March 15, 2018, SIP revisions add a new
recordkeeping provision to both Regulation 6.31 and 7.59 and make a
minor, administrative change that clarifies the applicability of
Regulation 6.31. The SIP revisions update the current SIP-approved
versions of Regulation 6.31 (Version 5) and Regulation 7.59 (Version 5)
to Version 6 of each. In a notice of proposed rulemaking (NPRM)
published on April 24, 2019 (84 FR 17127), EPA proposed to approve the
aforementioned changes to Regulations 6.31 and 7.59 in the Jefferson
County portion of the Kentucky SIP, which address the control of
emissions from existing and new miscellaneous metal parts and products
surface coating operations, respectively. The NPRM provides additional
details regarding EPA's action. Comments on the NPRM were due on or
before May 24, 2019. EPA received no comments on the proposed action,
so EPA is now taking final action to approve the above-referenced
revisions.
---------------------------------------------------------------------------
\1\ EPA notes that the Agency received these SIP revisions on
March 23, 2018, along with other revisions to the Jefferson County
portion of the Kentucky SIP. EPA will be considering action for
those SIP revisions in separate rulemakings.
\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.
---------------------------------------------------------------------------
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 portion of the Kentucky SIP. Regulation 6.31, Standards of
Performance for Existing Miscellaneous Metal Parts and Products Surface
Coating Operations, Version 6, and Regulation 7.59, Standards of
Performance for New Miscellaneous Metal Parts and Products Surface
Coating Operations, Version 6, 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 revisions
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 October 11, 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).
[[Page 39758]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: July 29, 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. In Sec. 52.920, in paragraph (c), table 2, is amended:
0
a. Under ``Reg 6--Standards of Performance for Existing Affected
Facilities'' by revising the entry for ``6.31''; and
0
b. Under ``Reg 7--Standards of Performance for New Affected
Facilities'' by revising the entry for ``7.59''.
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 6-Standards of Performance for Existing Affected Facilities
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* * * * * *
6.31.......... Standards of 8/12/19 [Insert citation 1/17/18
Performance for of publication].
Existing
Miscellaneous Metal
Parts and Products
Surface Coating
Operations.
* * * * * * *
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Reg 7--Standards of Performance for New Affected Facilities
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* * * * * * *
7.59.......... Standards of 8/12/19 [Insert citation 1/17/18 .....................
Performance for New of publication].
Miscellaneous Metal
Parts and Products
Surface Coating
Operations.
* * * * * * *
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[FR Doc. 2019-17127 Filed 8-9-19; 8:45 am]
BILLING CODE 6560-50-P