Air Plan Approval; Kentucky; Revision to Federally Enforceable District Origin Operating Permits, 12831-12833 [2023-04012]
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0134]
Coast Guard, DHS.
Notice of Enforcement of
regulation.
The Coast Guard will enforce
the safety zone for the annual Parade of
Lights event in the Captain of the Port
of Buffalo zone. Enforcement of this
safety zone is necessary to protect the
safety of life and property on the
navigable waters immediately prior to,
during, and immediately after this
event. During the enforcement period,
no person or vessel may enter the
respective safety zone without
permission from the Captain of the Port
Buffalo or a designated representative.
DATES: The regulations in 33 CFR
165.939, as listed in Table 165.939(b)(6),
will be enforced from 8:45 p.m. through
11:15 p.m. on July 22, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this Notice of
Enforcement, call or email LT Jared
Stevens, Waterways Management
Division, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a Safety Zone:
Annual Events in the Captain of the Port
Buffalo Zone listed in 33 CFR 165.939,
Table 165.939(b)(6) for the Parade of
Lights on July 22, 2023, in Cleveland,
Ohio on the Cuyahoga River. Pursuant
to 33 CFR 165.23, entry into, transiting,
or anchoring within the safety zone
during an enforcement period is
prohibited unless authorized by the
Captain of the Port Buffalo or a
designated representative. Those
seeking permission to enter the safety
zone may request permission from the
Captain of Port Buffalo via channel 16,
VHF–FM. Requests must be made in
advance and approved by the Captain of
SUMMARY:
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0170 to read as
follows:
■
§ 165.T08–0170 Safety Zone; Aransas Bay,
Corpus Christi, TX.
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BILLING CODE 9110–04–P
ACTION:
1. The authority citation for part 165
continues to read as follows:
(a) Location. The following area is a
safety zone: all navigable waters of the
Aransas Bay encompassed by a 400yds
radius from the following point;
28°03′58.1″ N, 97°01′45.3″ W.
(b) Effective period. This section is
effective from 8 p.m. through 9 p.m. on
March 2, 2023.
(c) Regulations. (1) According to the
general regulations in § 165.23 of this
part, entry into this temporary safety
zone is prohibited unless authorized by
the Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative. They may be contacted
on Channel 16 VHF–FM (156.8 MHz) or
by telephone at 361–939–0450.
(2) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Jkt 259001
[FR Doc. 2023–04208 Filed 2–28–23; 8:45 am]
AGENCY:
■
16:10 Feb 28, 2023
Dated: February 23, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
Marine Information Broadcasts as
appropriate.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
12831
Port Buffalo before transits will be
authorized. Approvals will be granted
on a case-by-case basis. Vessels and
persons granted permission to enter the
safety zone shall obey the directions of
the Captain of the Port Buffalo or a
designated representative. While within
a safety zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
This Notice of Enforcement is issued
under authority of 33 CFR 165.939 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 Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notice, he or
she may use a Broadcast Notice to
Mariners to grant general permission to
enter the respective safety zone.
Dated: February 23, 2023.
J.B. Bybee,
Commander, U.S. Coast Guard, Captain of
the Port Buffalo, By direction.
[FR Doc. 2023–04154 Filed 2–28–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0727; FRL–10421–
02–R4]
Air Plan Approval; Kentucky; Revision
to Federally Enforceable District Origin
Operating Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Jefferson County portion of the
Kentucky State Implementation Plan
(SIP) submitted by the Commonwealth
of Kentucky through the Kentucky
Energy and Environment Cabinet
(Cabinet) on June 15, 2022. The changes
were submitted by the Cabinet on behalf
of the Louisville Metro Air Pollution
Control District (District, also referred to
herein as Jefferson County). The
District’s revision modifies the permit
application timing requirements in the
Federally Enforceable District Origin
Operating Permits (FEDOOP) rule in the
Jefferson County portion of the
Kentucky SIP (Jefferson County Local
Implementation Plan, or LIP). EPA is
finalizing these changes pursuant to the
Clean Air Act (CAA or Act).
SUMMARY:
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12832
DATES:
Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
This rule is effective March 31,
2023.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0727. All documents in the docket
are listed on the 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:
Pearlene Williams-Miles, 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–
9144. Ms. Williams-Miles can also be
reached via electronic mail at
williamsmiles.pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
ddrumheller on DSK120RN23PROD with RULES
I. Overview
On June 15, 2022, the Commonwealth
of Kentucky submitted changes to the
Jefferson County LIP for EPA
approval.1 2 EPA is approving changes
to Section 4—Permit Applications of the
District’s Regulation 2.17—Federally
Enforceable District Origin Operating
Permits.3 Under Regulation 2.17,
1 EPA received this submission on June 13, 2022,
in a letter dated June 15, 2022. Throughout this
final rulemaking, this submission will be referred
to as the June 15, 2022, submission.
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, to be consistent with the
terminology used in the subheading in Table 2 of
40 CFR 52.920(c), throughout this notice we refer
to regulations contained in the Jefferson County
portion of the Kentucky SIP as the ‘‘Jefferson
County’’ regulations.
3 The June 15, 2022, submittal contains changes
to other Kentucky SIP-approved rules that are not
VerDate Sep<11>2014
16:10 Feb 28, 2023
Jkt 259001
Section 1.1, a FEDOOP is an operating
permit that contains a federally
enforceable condition, limit, or
provision that is issued to a stationary
source that is not, or would not
subsequently be, required to obtain a
permit under Regulation 2.16—Title V
Operating Permits.
The changes in the June 15, 2022,
submission add timing requirements for
sources applying for FEDOOP permits
that are similar to those in Regulation
2.16. Through a Notice of Proposed
Rulemaking (NPRM) published on
December 27, 2022 (87 FR 79261), EPA
proposed to approve these changes as
being consistent with the CAA.
Additional details on Kentucky’s June
15, 2022, revision and EPA’s analysis of
the changes can be found in the
December 27, 2022, NPRM. Comments
on the December 27, 2022, NPRM were
due on or before January 26, 2023. EPA
received one anonymous comment on
the NPRM. That comment was unrelated
to the specifics of the NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, and as discussed in Section
I of this preamble, EPA is finalizing the
incorporation by reference of Jefferson
County Regulation 2.17—Federally
Enforceable District Origin Operating
Permits, version 5, with a local-effective
date of March 16, 2022, which adds
timing requirements to the permit
application process. EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.4
III. Final Action
EPA is approving the aforementioned
changes to Regulation 2.17—Federally
Enforceable District Origin Operating
Permits, with a local-effective date of
March 16, 2022, into the Jefferson
addressed in this notice. EPA will act on those rules
in separate actions.
4 See 62 FR 27968 (May 22, 1997).
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
County LIP. EPA is approving these
changes because they are consistent
with the CAA.
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 (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
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12833
Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
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 May 1, 2023. 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
Authority: 42 U.S.C. 7401 et seq.
Dated: February 22, 2023.
Daniel Blackmon,
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
2. In § 52.920(c), in table 2, revise the
entry for ‘‘2.17’’ to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
EPA approval
date
Reg
Title/subject
*
2.17 ..................
*
*
Federally Enforceable District
Origin Operating Permits.
*
*
*
*
*
*
*
*
[FR Doc. 2023–04012 Filed 2–28–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0947; FRL–10473–
02–R4]
Air Plan Approval; Mississippi; PSD
and Air Quality Modeling Infrastructure
Requirements for the 2015 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ddrumheller on DSK120RN23PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is conditionally
approving portions of a State
Implementation Plan (SIP) submission
provided by the State of Mississippi,
through the Mississippi Department of
Environmental Quality (MDEQ), via a
SUMMARY:
VerDate Sep<11>2014
16:10 Feb 28, 2023
3/1/2023
Jkt 259001
Federal Register notice
*
*
[Insert citation of publication] ....
*
Frm 00029
Fmt 4700
*
3/16/2022
*
letter dated January 25, 2021, and
supplemented through a letter dated
November 18, 2022. This approval
pertains to certain infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2015 8-hour ozone
national ambient air quality standards
(NAAQS or standards). Whenever EPA
promulgates a new or revised NAAQS,
the CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance, and
enforcement of that NAAQS. The
January 25, 2021, SIP submission
addresses all infrastructure elements
except for those pertaining to the
contribution to nonattainment or
interference with maintenance of the
NAAQS in other states. EPA is
conditionally approving the portions of
the submittal related to the prevention
of significant deterioration (PSD)
infrastructure elements and the air
quality modeling element.
DATES: This rule is effective March 31,
2023.
ADDRESSES: EPA has established a
docket for this action under Docket
PO 00000
District
effective
date
Sfmt 4700
*
Explanation
*
*
Identification No. EPA–R04–OAR–
2021–0947. 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.
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01MRR1
]]>Agencies
[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12831-12833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04012]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0727; FRL-10421-02-R4]
Air Plan Approval; Kentucky; Revision to Federally Enforceable
District Origin Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Jefferson County portion of the Kentucky State
Implementation Plan (SIP) submitted by the Commonwealth of Kentucky
through the Kentucky Energy and Environment Cabinet (Cabinet) on June
15, 2022. The changes were submitted by the Cabinet on behalf of the
Louisville Metro Air Pollution Control District (District, also
referred to herein as Jefferson County). The District's revision
modifies the permit application timing requirements in the Federally
Enforceable District Origin Operating Permits (FEDOOP) rule in the
Jefferson County portion of the Kentucky SIP (Jefferson County Local
Implementation Plan, or LIP). EPA is finalizing these changes pursuant
to the Clean Air Act (CAA or Act).
[[Page 12832]]
DATES: This rule is effective March 31, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0727. All documents in the docket
are listed on the 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: Pearlene Williams-Miles, 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) 562-9144. Ms. Williams-Miles can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Overview
On June 15, 2022, the Commonwealth of Kentucky submitted changes to
the Jefferson County LIP for EPA approval.\1\ \2\ EPA is approving
changes to Section 4--Permit Applications of the District's Regulation
2.17--Federally Enforceable District Origin Operating Permits.\3\ Under
Regulation 2.17, Section 1.1, a FEDOOP is an operating permit that
contains a federally enforceable condition, limit, or provision that is
issued to a stationary source that is not, or would not subsequently
be, required to obtain a permit under Regulation 2.16--Title V
Operating Permits.
---------------------------------------------------------------------------
\1\ EPA received this submission on June 13, 2022, in a letter
dated June 15, 2022. Throughout this final rulemaking, this
submission will be referred to as the June 15, 2022, submission.
\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, to be consistent with the terminology used in
the subheading in Table 2 of 40 CFR 52.920(c), throughout this
notice we refer to regulations contained in the Jefferson County
portion of the Kentucky SIP as the ``Jefferson County'' regulations.
\3\ The June 15, 2022, submittal contains changes to other
Kentucky SIP-approved rules that are not addressed in this notice.
EPA will act on those rules in separate actions.
---------------------------------------------------------------------------
The changes in the June 15, 2022, submission add timing
requirements for sources applying for FEDOOP permits that are similar
to those in Regulation 2.16. Through a Notice of Proposed Rulemaking
(NPRM) published on December 27, 2022 (87 FR 79261), EPA proposed to
approve these changes as being consistent with the CAA. Additional
details on Kentucky's June 15, 2022, revision and EPA's analysis of the
changes can be found in the December 27, 2022, NPRM. Comments on the
December 27, 2022, NPRM were due on or before January 26, 2023. EPA
received one anonymous comment on the NPRM. That comment was unrelated
to the specifics of the NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference of Jefferson County
Regulation 2.17--Federally Enforceable District Origin Operating
Permits, version 5, with a local-effective date of March 16, 2022,
which adds timing requirements to the permit application process. EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------
\4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is approving the aforementioned changes to Regulation 2.17--
Federally Enforceable District Origin Operating Permits, with a local-
effective date of March 16, 2022, into the Jefferson County LIP. EPA is
approving these changes because they are consistent with the CAA.
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 (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
[[Page 12833]]
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 May 1, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 22, 2023.
Daniel Blackmon,
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. In Sec. 52.920(c), in table 2, revise the entry for ``2.17'' 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 Federal Register District
Reg Title/subject date notice effective date Explanation
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* * * * * * *
2.17................................ Federally Enforceable 3/1/2023 [Insert citation of 3/16/2022
District Origin publication].
Operating Permits.
* * * * * * *
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* * * * *
[FR Doc. 2023-04012 Filed 2-28-23; 8:45 am]
BILLING CODE 6560-50-P
