Air Plan Approval; Kentucky; Removal of Asbestos Requirements From Jefferson County, 24505-24507 [2021-09468]
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24505
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Rules and Regulations
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)).
Dated: April 22, 2021.
Edward H. Chu,
Authority: 42 U.S.C. 7401 et seq.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements, Volatile organic
compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1320
Subpart AA—Missouri
Acting Regional Administrator, Region 7.
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–5.530’’ to read as follows:
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
*
10–5.530 ....
*
*
Control of Volatile Organic Compound Emissions From Wood Furniture Manufacturing
Operations.
*
*
*
*
*
*
*
*
[FR Doc. 2021–09387 Filed 5–6–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0500; FRL–10023–
56–Region 4]
Air Plan Approval; Kentucky; Removal
of Asbestos Requirements From
Jefferson County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is correcting the
erroneous incorporation of the asbestos
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
requirements into the Jefferson County
portion of the Kentucky State
Implementation Plan (SIP). The
continued presence of the asbestos
requirements in the Jefferson County
portion of the Kentucky SIP is
inappropriate and potentially confusing
and thus problematic for affected
sources, the Commonwealth, local
agencies, and EPA. EPA is removing the
SUMMARY:
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*
2/28/2019
*
*
5/7/2021, [insert Federal Register citation]
*
*
asbestos requirements because these
requirements are not related to the
attainment and maintenance of the
national ambient air quality standards
(NAAQS) and are therefore unrelated to
the Clean Air Act (CAA or Act)
requirements for SIPs.
DATES: This rule is effective June 7,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0500. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
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
PO 00000
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*
*
*
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 electronic
mail at akers.brad@epa.gov or via
telephone at (404) 562–9089.
SUPPLEMENTARY INFORMATION:
I. Background
Section 110 of the CAA requires states
to develop and submit to EPA a SIP to
ensure that state air quality meets the
NAAQS. These ambient air quality
standards currently address six criteria
pollutants: Carbon monoxide, nitrogen
dioxide, ozone, lead, particulate matter,
and sulfur dioxide. Each federallyapproved SIP protects air quality
primarily by addressing air pollution at
its point of origin through air pollution
regulations and control strategies. EPAapproved SIP regulations and control
strategies are federally enforceable.
On October 23, 2001 (66 FR 53658),
EPA approved revisions to the Jefferson
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Rules and Regulations
County portion of the Kentucky SIP,1
which included miscellaneous rule
revisions and the recodification of Air
Pollution Control District (APCD) of
Jefferson County regulations. These
revisions were submitted to EPA on
May 21, 1999, by the Commonwealth of
Kentucky on behalf of Jefferson County.
Among these revisions were
requirements for permitting the
demolition and renovation of facilities
with asbestos, in accordance with 40
CFR part 61, subpart M, National
Emission Standard for Asbestos. The
asbestos requirements were adopted by
Jefferson County in paragraphs 1.3, 5.3,
and 5.6 of Regulation 2.03, Permit
Requirements, Non-Title V Construction
and Operating Permits and Demolition/
Renovation Permits, and this regulation
was part of the recodified rules included
in the May 21, 1999, submittal. In the
October 23, 2001, final rule, EPA
inadvertently incorporated the asbestos
requirements in Regulation 2.03, Permit
Requirements, Non-Title V Construction
and Operating Permits and Demolition/
Renovation Permits, into the Jefferson
County portion of the Kentucky SIP.
The version of the rules incorporated
into the SIP were effective in Jefferson
County on December 15, 1993.
Section 110(k)(6) of the CAA provides
EPA with the authority to make
corrections to prior SIP actions that are
subsequently found to be in error in the
same manner as the prior action, and to
do so without requiring any further
submission from the State.2 While
section 110(k)(6) provides EPA with the
authority to correct its own ‘‘error,’’
nowhere does this provision or any
other provision in the CAA define what
qualifies as ‘‘error.’’ Thus, EPA believes
that the term should be given its plain
language, everyday meaning, which
1 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.’’ See The History of Air Pollution Control
in Louisville, available at https://louisvilleky.gov/
government/air-pollution-control-district/historyair-pollution-control-louisville. 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, EPA refers throughout this notice to
regulations contained in the Jefferson County
portion of the Kentucky SIP as the ‘‘Jefferson
County’’ regulations.
2 Section 110(k)(6) states that ‘‘Whenever the
Administrator determines that the Administrator’s
action approving, disapproving, or promulgating
any plan or plan revision (or part thereof), area
designation, redesignation, classification, or
reclassification was in error, the Administrator may
in the same manner as the approval, disapproval,
or promulgation revise such action as appropriate
without requiring any further submission from the
State. Such determination and the basis thereof
shall be provided to the State and public.’’
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Jkt 253001
includes all unintentional, incorrect, or
wrong actions or mistakes.
The May 21, 1999, submission
contained changes to Regulation 2.03,
Permit Requirements, Non-Title V
Construction and Operating Permits and
Demolition/Renovation Permits, that
contain asbestos requirements in
paragraphs 1.3, 5.3 and 5.6. EPA’s
October 23, 2001, approval of these
requirements into the Jefferson County
portion of the Kentucky SIP was in
error. These paragraphs are appropriate
for State and local agencies to adopt and
implement, but it is not necessary or
appropriate to incorporate them into the
applicable SIP because asbestos
requirements are not related to the
attainment and maintenance of the
NAAQS. EPA proposed to remove these
paragraphs from Regulation 2.03 in a
notice of proposed rulemaking on
March 4, 2021, and received no
comments. See 86 FR 12554. EPA is
therefore removing these paragraphs
from the SIP.
II. Incorporation by Reference
In this document, EPA is amending
regulatory text that includes
incorporation by reference. Specifically,
EPA is removing paragraphs 1.3, 5.3,
and 5.6 (asbestos requirements) of
Regulation 2.03, Permit Requirements,
Non-Title V Construction and Operating
Permits and Demolition/Renovation
Permits, from the Jefferson County
portion of the Kentucky SIP, which is
incorporated by reference in accordance
with requirements of 1 CFR 51.5. The
remainder of Regulation 2.03, Permit
Requirements, Non-Title V Construction
and Operating Permits and Demolition/
Renovation Permits, will remain
incorporated in the Jefferson County
portion of the Kentucky SIP. 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).
III. Final Action
EPA is removing paragraphs 1.3, 5.3,
and 5.6 of APCD Regulation 2.03, Permit
Requirements, Non-Title V Construction
and Operating Permits and Demolition/
Renovation Permits, from the Jefferson
County portion of the SIP because they
are not related to the attainment and
maintenance of the NAAQS.
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
PO 00000
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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);
• 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 (Public Law 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
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Rules and Regulations
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 6, 2021. 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).
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
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: April 29, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
2. Section 52.920(c) is amended in
Table 2 under ‘‘Reg 2—Permit
Requirements’’ by revising the entry for
‘‘2.03’’ to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
*
Federal
Register
notice
EPA approval
date
Title/subject
*
*
District
effective
date
*
Explanation
*
*
*
Reg 2—Permit Requirements
*
2.03 .........
*
*
Permit Requirements—Non-Title V Construction and Operating Permits and
Demolition/Renovation Permits.
*
*
*
*
*
*
*
*
[FR Doc. 2021–09468 Filed 5–6–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0488; FRL–10022–
88–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Clearfield/Indiana Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
SUMMARY:
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*
10/23/01
66 FR
53660.
*
*
12/15/93
*
*
Except for paragraphs 1.3, 5.3 and 5.6
regarding asbestos demolition, which
were removed from the federally approved SIP by EPA on 5/7/21.
*
*
*
whose disclosure is restricted by statute.
Pennsylvania. The revision pertains to
the Commonwealth’s plan, submitted by Certain other material, such as
the Pennsylvania Department of
copyrighted material, is not placed on
Environmental Protection (PADEP), for
the internet and will be publicly
maintaining the 1997 8-hour ozone
available only in hard copy form.
national ambient air quality standard
Publicly available docket materials are
(NAAQS) (referred to as the ‘‘1997
available through https://
ozone NAAQS’’) in the Clearfield/
www.regulations.gov, or please contact
Indiana, Pennsylvania area (‘‘Clearfield/ the person identified in the FOR FURTHER
Indiana Area’’). EPA is approving these
INFORMATION CONTACT section for
revisions to the Pennsylvania SIP in
additional availability information.
accordance with the requirements of the
FOR
FURTHER INFORMATION CONTACT:
Clean Air Act (CAA).
Serena
Nichols, Planning &
DATES: This final rule is effective on
Implementation Branch (3AD30), Air &
June 7, 2021.
Radiation Division, U.S. Environmental
ADDRESSES: EPA has established a
Protection Agency, Region III, 1650
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0488. All Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
documents in the docket are listed on
814–2053. Ms. Nichols can also be
the https://www.regulations.gov
reached via electronic mail at
website. Although listed in the index,
Nichols.Serena@epa.gov.
some information is not publicly
available, e.g., confidential business
SUPPLEMENTARY INFORMATION:
information (CBI) or other information
PO 00000
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]]>Agencies
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24505-24507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09468]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0500; FRL-10023-56-Region 4]
Air Plan Approval; Kentucky; Removal of Asbestos Requirements
From Jefferson County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is correcting the
erroneous incorporation of the asbestos National Emission Standards for
Hazardous Air Pollutants (NESHAP) requirements into the Jefferson
County portion of the Kentucky State Implementation Plan (SIP). The
continued presence of the asbestos requirements in the Jefferson County
portion of the Kentucky SIP is inappropriate and potentially confusing
and thus problematic for affected sources, the Commonwealth, local
agencies, and EPA. EPA is removing the asbestos requirements because
these requirements are not related to the attainment and maintenance of
the national ambient air quality standards (NAAQS) and are therefore
unrelated to the Clean Air Act (CAA or Act) requirements for SIPs.
DATES: This rule is effective June 7, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0500. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through 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 electronic mail at [email protected] or via telephone at
(404) 562-9089.
SUPPLEMENTARY INFORMATION:
I. Background
Section 110 of the CAA requires states to develop and submit to EPA
a SIP to ensure that state air quality meets the NAAQS. These ambient
air quality standards currently address six criteria pollutants: Carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide. Each federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin through air pollution
regulations and control strategies. EPA-approved SIP regulations and
control strategies are federally enforceable.
On October 23, 2001 (66 FR 53658), EPA approved revisions to the
Jefferson
[[Page 24506]]
County portion of the Kentucky SIP,\1\ which included miscellaneous
rule revisions and the recodification of Air Pollution Control District
(APCD) of Jefferson County regulations. These revisions were submitted
to EPA on May 21, 1999, by the Commonwealth of Kentucky on behalf of
Jefferson County. Among these revisions were requirements for
permitting the demolition and renovation of facilities with asbestos,
in accordance with 40 CFR part 61, subpart M, National Emission
Standard for Asbestos. The asbestos requirements were adopted by
Jefferson County in paragraphs 1.3, 5.3, and 5.6 of Regulation 2.03,
Permit Requirements, Non-Title V Construction and Operating Permits and
Demolition/Renovation Permits, and this regulation was part of the
recodified rules included in the May 21, 1999, submittal. In the
October 23, 2001, final rule, EPA inadvertently incorporated the
asbestos requirements in Regulation 2.03, Permit Requirements, Non-
Title V Construction and Operating Permits and Demolition/Renovation
Permits, into the Jefferson County portion of the Kentucky SIP. The
version of the rules incorporated into the SIP were effective in
Jefferson County on December 15, 1993.
---------------------------------------------------------------------------
\1\ 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.'' See The History of Air Pollution Control in Louisville,
available at https://louisvilleky.gov/government/air-pollution-control-district/history-air-pollution-control-louisville. 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, EPA refers throughout this notice to
regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
---------------------------------------------------------------------------
Section 110(k)(6) of the CAA provides EPA with the authority to
make corrections to prior SIP actions that are subsequently found to be
in error in the same manner as the prior action, and to do so without
requiring any further submission from the State.\2\ While section
110(k)(6) provides EPA with the authority to correct its own ``error,''
nowhere does this provision or any other provision in the CAA define
what qualifies as ``error.'' Thus, EPA believes that the term should be
given its plain language, everyday meaning, which includes all
unintentional, incorrect, or wrong actions or mistakes.
---------------------------------------------------------------------------
\2\ Section 110(k)(6) states that ``Whenever the Administrator
determines that the Administrator's action approving, disapproving,
or promulgating any plan or plan revision (or part thereof), area
designation, redesignation, classification, or reclassification was
in error, the Administrator may in the same manner as the approval,
disapproval, or promulgation revise such action as appropriate
without requiring any further submission from the State. Such
determination and the basis thereof shall be provided to the State
and public.''
---------------------------------------------------------------------------
The May 21, 1999, submission contained changes to Regulation 2.03,
Permit Requirements, Non-Title V Construction and Operating Permits and
Demolition/Renovation Permits, that contain asbestos requirements in
paragraphs 1.3, 5.3 and 5.6. EPA's October 23, 2001, approval of these
requirements into the Jefferson County portion of the Kentucky SIP was
in error. These paragraphs are appropriate for State and local agencies
to adopt and implement, but it is not necessary or appropriate to
incorporate them into the applicable SIP because asbestos requirements
are not related to the attainment and maintenance of the NAAQS. EPA
proposed to remove these paragraphs from Regulation 2.03 in a notice of
proposed rulemaking on March 4, 2021, and received no comments. See 86
FR 12554. EPA is therefore removing these paragraphs from the SIP.
II. Incorporation by Reference
In this document, EPA is amending regulatory text that includes
incorporation by reference. Specifically, EPA is removing paragraphs
1.3, 5.3, and 5.6 (asbestos requirements) of Regulation 2.03, Permit
Requirements, Non-Title V Construction and Operating Permits and
Demolition/Renovation Permits, from the Jefferson County portion of the
Kentucky SIP, which is incorporated by reference in accordance with
requirements of 1 CFR 51.5. The remainder of Regulation 2.03, Permit
Requirements, Non-Title V Construction and Operating Permits and
Demolition/Renovation Permits, will remain incorporated in the
Jefferson County portion of the Kentucky SIP. 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).
III. Final Action
EPA is removing paragraphs 1.3, 5.3, and 5.6 of APCD Regulation
2.03, Permit Requirements, Non-Title V Construction and Operating
Permits and Demolition/Renovation Permits, from the Jefferson County
portion of the SIP because they are not related to the attainment and
maintenance of the NAAQS.
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);
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 (Public Law 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 24507]]
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 July 6, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
Reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 29, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. Section 52.920(c) is amended in Table 2 under ``Reg 2--Permit
Requirements'' by revising the entry for ``2.03'' to 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 District
Reg Title/subject date Federal Register notice effective date Explanation
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* * * * * * *
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Reg 2--Permit Requirements
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* * * * * * *
2.03................................ Permit Requirements--Non- 10/23/01 66 FR 53660............ 12/15/93 Except for paragraphs 1.3,
Title V Construction and 5.3 and 5.6 regarding
Operating Permits and asbestos demolition, which
Demolition/Renovation were removed from the
Permits. federally approved SIP by
EPA on 5/7/21.
* * * * * * *
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* * * * *
[FR Doc. 2021-09468 Filed 5-6-21; 8:45 am]
BILLING CODE 6560-50-P
