Air Plan Approval; Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting, 1461-1464 [2024-00012]
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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations
39 U.S.C. 3012(d)—Misleading
References to the United States
Government; Sweepstakes and
Deceptive Mailings
Persons may be liable to the United
States for a civil penalty under 39 U.S.C.
3012(d) for sending certain deceptive
mail matter described in 39 U.S.C.
3001((h)–(k), including:
• Solicitations making false claims of
Federal Government connection or
approval;
• Certain solicitations for the
purchase of a product or service that
may be obtained without cost from the
Federal Government;
• Solicitations containing improperly
prepared ‘‘facsimile checks’’; and
• Certain solicitations for ‘‘skill
contests’’ and ‘‘sweepstakes’’ sent to
individuals who, in accordance with 39
U.S.C. 3017(d), have requested that such
materials not be mailed to them.
Currently, under the implementing
regulations, this penalty is not to exceed
$17,128 for each mailing. The new
penalty will be $17,683.
39 U.S.C. 3017(g)(2)—Commercial Use
of Lists of Persons Electing Not To
Receive Skill Contest or Sweepstakes
Mailings
Under 39 U.S.C. 3017(g)(2), the Postal
Service may impose a civil penalty
against a person who provides
information for commercial use about
individuals who, in accordance with 39
U.S.C. 3017(d), have elected not to
receive certain sweepstakes and contest
information. Currently, this civil
penalty may not exceed $3,425,405 per
violation, pursuant to the implementing
regulations. The new penalty may not
exceed $3,536,422 per violation.
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39 U.S.C. 3017(h)(1)(A)—Reckless
Mailing of Skill Contest or Sweepstakes
Matter
Currently, under 39 U.S.C.
3017(h)(1)(A) and its implementing
regulations, any promoter who
recklessly mails nonmailable skill
contest or sweepstakes matter may be
liable to the United States in the amount
of $17,128 per violation for each mailing
to an individual. The new penalty is
$17,683 per violation.
39 U.S.C. 3018(c)(1)(A)—Hazardous
Material
Under 39 U.S.C. 3018(c)(1)(A), the
Postal Service may impose a civil
penalty payable into the Treasury of the
United States on a person who
knowingly mails nonmailable hazardous
materials or fails to follow postal laws
on mailing hazardous materials.
Currently, this civil penalty is at least
$371, but not more than $147,675 for
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each violation, pursuant to the
implementing regulations. The new
penalty is at least $383, but not more
than $152,461 for each violation.
Adjustments to Regulatory Postal
Service Civil Monetary Penalties
In October 1986, Congress enacted the
Program Fraud Civil Remedies Act, 31
U.S.C. 3801–3812. The Program Fraud
Civil Remedies Act established an
administrative remedy against any
person who makes, or causes to be
made, a false claim or written statement
to certain Federal agencies. The Act
requires each covered agency to
promulgate rules and regulations
necessary to implement its provisions.
The Postal Service’s implementing
regulations are found in part 273 of title
39, Code of Federal Regulations. The
current penalty amount is $13,508. The
new penalty amount is $13,946.
List of Subjects
39 CFR Part 233
Administrative practice and
procedure, Banks, Banking, Credit,
Crime, Infants and children, Law
enforcement, Penalties, Privacy,
Seizures and forfeitures.
39 CFR Part 273
Administrative practice and
procedure, Claims, Fraud, Penalties.
For the reasons set out in the
preamble, the Postal Service amends 39
CFR parts 233 and 273 as follows:
PART 233—INSPECTION SERVICE
AUTHORITY
1. The authority citation for part 233
continues to read as follows:
■
Authority: 39 U.S.C. 101, 102, 202, 204,
401, 402, 403, 404, 406, 410, 411, 1003,
3005(e)(1), 3012, 3017, 3018; 12 U.S.C. 3401–
3422; 18 U.S.C. 981, 983, 1956, 1957, 2254,
3061; 21 U.S.C. 881; Pub. L. 101–410, 104
Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104–
208, 110 Stat. 3009; Secs. 106 and 108, Pub.
L. 106–168, 113 Stat. 1806 (39 U.S.C. 3012,
3017); Pub. L. 114–74, 129 Stat. 584.
§ 233.12
2. In § 233.12:
a. In paragraph (a):
i. Remove ‘‘$85,637’’ and add in its
place ‘‘$88,412’’;
■ ii. Remove ‘‘$171,269’’ and add in its
place ‘‘$176,820’’;
■ iii. Remove ‘‘$17,128’’ and add in its
place ‘‘$17,683’’; and
■ iv. remove ‘‘$3,425,405’’ and add in
its place ‘‘$3,536,422’’.
■ b. In paragraph (b):
■ i. Remove ‘‘$42,818’’ and add in its
place ‘‘$44,206’’;
■ ii. Remove ‘‘$85,637’’ and add in its
place ‘‘$88,412’’;
Frm 00023
Fmt 4700
iii. Remove ‘‘$8,564’’ and add in its
place ‘‘$8,842’’; and
■ iv. Remove ‘‘$1,712,703’’ and add in
its place ‘‘$1,768,212’’.
■ c. In paragraph (c)(4), remove
‘‘$17,128’’ and add in its place
‘‘$17,683’’.
■ d. In paragraph (d), remove
‘‘$3,425,405’’ and add in its place
‘‘$3,536,422’’.
■ e. In paragraph (e), remove ‘‘$17,128’’
and add in its place ‘‘$17,683’’.
■ f. In paragraph (f), remove ‘‘$371’’ and
add in its place ‘‘$383’’ and remove
‘‘$147,675’’ and add in its place
‘‘$152,461’’.
■
PART 273—ADMINISTRATION OF
PROGRAM FRAUD CIVIL REMEDIES
ACT
3. The authority citation for part 273
continues to read as follows:
■
Authority: 31 U.S.C. Chapter 38; 39 U.S.C.
401.
4. In § 273.3:
a. In paragraph (a)(1)(iv):
i. Remove the second sentence.
ii. Remove ‘‘$13,508’’ and add in its
place ‘‘$13,946’’.
■ b. Designate the undesignated
paragraph following paragraph (b)(1)(ii)
as paragraph (b)(1)(iii).
■ c. In paragraph (b)(1)(ii), add a
sentence at the end of the paragraph.
The addition reads as follows:
■
■
■
■
§ 273.3 Liability for false claims and
statements.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) * * * As adjusted under Public
Law 114–74, the penalty is $13,946 per
claim.
*
*
*
*
*
Christopher Doyle,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024–00313 Filed 1–9–24; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
[Amended]
■
■
■
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40 CFR Part 52
[EPA–R04–OAR–2023–0097; FRL–11564–
04–R4]
Air Plan Approval; Kentucky;
Revisions to Jefferson County
Emissions Monitoring and Reporting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to
SUMMARY:
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the Jefferson County portion of the
Kentucky State Implementation Plan
(SIP), submitted by the Commonwealth
of Kentucky, through the Energy and
Environment Cabinet (Cabinet), via a
letter dated June 15, 2022. The changes
were submitted by the Cabinet on behalf
of the Louisville Metro Air Pollution
Control District (District) and amend the
District’s stationary source emissions
monitoring and reporting requirements.
EPA is approving the changes because
they are consistent with the Clean Air
Act (CAA or Act).
DATES: This rule is effective February 9,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2023–0097. 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:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9088. Ms. Bell can also be
reached via electronic mail at
bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 15, 2022,1 the
Commonwealth of Kentucky submitted
1 On June 15, 2022, Kentucky provided multiple
SIP revisions that are not addressed in this
rulemaking. One of the June 15, 2022, submittals
contains changes to District Regulation 2.04,
Construction or Modification of Major Sources in or
Impacting upon Non-Attainment Areas (Emission
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changes to the Jefferson County portion
of the Kentucky SIP for EPA approval.2 3
In this rulemaking, EPA is approving
changes to Regulation 1.06, Stationary
Source Self-Monitoring, Emissions
Inventory Development, and Reporting
submitted on June 15, 2022.
Through a notice of proposed
rulemaking (NPRM) published on
November 20, 2023 (88 FR 80680), EPA
proposed to approve these changes to
Regulation 1.06. Section 6, Emissions
Statements for Ozone Precursors, of
Regulation 1.06 requires that on or
before April 15 of each year, all
stationary sources of NOX or VOC shall
submit to the District a statement of
actual emissions of those compounds. In
this rulemaking, EPA is finalizing its
approval of the District’s June 15, 2022,
request to incorporate Version 11 of
Regulation 1.06 into the SIP, replacing
Version 10. Version 10 of Regulation
1.06 at Section 6.2.1 states that facilities
with less than 25 tons per year (tpy) of
plant-wide actual VOC emissions or less
than 25 tpy of plant-wide actual NOX
emissions are exempted from the
emissions statement requirements in
Section 6, unless emissions of the other
pollutant (VOC or NOX) are at or above
25 tpy. Version 11 revises Section 6.2.1
to instead exempt facilities with less
than 25 tpy of plant-wide potential VOC
and less than 25 tpy of plant-wide
potential NOX emissions from the
Section 6 emissions statement
requirement.4 The contents of the
District’s submission, as well as EPA’s
rationale for approving changes to this
regulation, are described in more detail
in EPA’s November 20, 2023, NPRM.
Comments on the November 20, 2023,
NPRM were due on or before December
20, 2023. EPA received one comment
Offset Requirements) in the Kentucky SIP. These
changes are not addressed in this notice. EPA will
act on these changes in a separate rulemaking.
Another June 15, 2022, SIP revision contained
changes to District Regulation 2.17, Federally
Enforceable District Origin Operating Permits, in
the Kentucky SIP. EPA finalized its approval of
changes to Regulation 2.17 on March 1, 2023. See
88 FR 12831.
2 EPA received this submission on June 13, 2022,
via a letter dated June 15, 2022. Throughout this
final rule, this submission will be referred to as the
June 15, 2022, submission.
3 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 the District regulations contained in the Jefferson
County portion of the Kentucky SIP as the
‘‘Jefferson County’’ regulations.
4 Section 6.2.1 continues to allow the District to
require sources claiming the exemption to provide
adequate information to verify actual emissions for
the previous year.
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and responds to this comment in the
next section of this rulemaking notice.
II. Response to Comment
EPA received one comment on the
November 20, 2023, NPRM. The
comment expresses both support for and
concern about EPA’s proposed action to
approve the amendments to Jefferson
County’s emissions reporting
requirements.
Comment: The commenter stated that
changing the way emissions are
reported could be ‘‘very beneficial and
more organized,’’ which the commenter
finds ‘‘especially important if it would
help benefit Kentucky residents.’’ The
commenter’s ‘‘only concern is how it
would be ensured’’ that the changes to
the emissions reporting requirements
would not ‘‘decrease the amount of
emissions reported.’’ The commenter
asks if there are measures put in place
to keep plants accountable, noting that
‘‘[c]limate change is a very real concern
and it is important to hold the power
plants that are contributing to change
accountable.’’
Response: CAA section 182(a)(3)(B)(i)
requires States to submit to EPA a SIP
revision requiring the owner or operator
of each stationary source of NOX or VOC
in an ozone nonattainment area to
report its NOX and VOC emissions to
the State and to certify the accuracy of
these reported emissions. Section
182(a)(3)(B)(ii) allows States to waive
the requirements under subsection (i)
for stationary sources emitting less than
25 tpy of VOC or NOX if the State
provides an inventory of emissions from
such class or category of sources.
Jefferson County is subject to the
requirements of CAA section 182(a)
because it is part of the Louisville, KYIN moderate nonattainment area for the
2015 8-Hour Ozone National Ambient
Air Quality Standards (NAAQS).
Regulation 1.06, Stationary Source SelfMonitoring, Emissions Inventory
Development, and Reporting, in the
Jefferson County portion of the
Kentucky SIP, provides the District with
the authority to require emissions
monitoring at stationary sources and
requires certain sources to maintain
emissions records and to provide annual
emissions statements to the District.5
Section 6, Emissions Statements for
Ozone Precursors, requires that on or
before April 15 of each year, all
stationary sources of NOX or VOC shall
submit to the District a statement of
actual emissions of those compounds.
5 On March 9, 2022, EPA determined that
Regulation 1.06 met the requirements for the 2015
ozone NAAQS for the Jefferson County Area. See
87 FR 13177.
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As discussed above, Version 10 of
Regulation 1.06 at Section 6.2.1 states
that facilities with less than 25 tpy of
plant-wide actual VOC emissions or less
than 25 tpy of plant-wide actual NOX
emissions are exempted from the
emissions statement requirements in
Section 6, unless emissions of the other
pollutant (VOC or NOX) are at or above
25 tpy. In this action, EPA is approving
Version 11 into the SIP which revises
Section 6.2.1 to instead exempt facilities
with less than 25 tpy of plant-wide
potential VOC and less than 25 tpy of
plant-wide potential NOX emissions
from the Section 6 emissions statement
requirement.6
As noted in the NPRM, the changes
do not reduce the number of facilities
required to submit emissions
statements. Changing the basis for the
exemption from actual to potential
emissions does not reduce the number
of facilities that must submit emissions
statements because potential emissions
reflect a facility’s maximum capacity to
emit a pollutant under its physical and
operational design.7 Thus, the change
from actual to potential emissions may
make fewer facilities eligible for the
exemption, thus increasing the number
of facilities required to submit
emissions statements. Furthermore, the
changes do not affect the amount or type
of information that must be included in
the emissions statements.
III. 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, and as discussed in Section I of
this preamble, EPA is finalizing the
incorporation by reference of District
Regulation 1.06, Stationary Source SelfMonitoring, Emissions Inventory
Development, and Reporting, adopted
by the District on March 16, 2022
(referred to as ‘‘Version 11’’ by the
District). 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
6 As discussed in the NPRM, section 6 continues
to satisfy the emissions statement requirements in
CAA section 182(a)(3)(B).
7 See, e.g., the definition of ‘‘potential to emit’’ in
Regulation 1.02, Section 1.61, of the Jefferson
County portion of the Kentucky SIP.
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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.8
IV. Final Action
EPA is approving the aforementioned
changes to Regulation 1.06, Stationary
Source Self-Monitoring, Emissions
Inventory Development, and Reporting,
adopted by the District on March 16,
2022, into the Jefferson County portion
of the Kentucky SIP. The EPA is
approving these changes because they
are consistent with the CAA.
V. 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. Accordingly, 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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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
8 62
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FR 27968 (May 22, 1997).
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1463
application of those requirements would
be inconsistent with the CAA.
In addition, 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 and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The District did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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
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Court of Appeals for the appropriate
circuit by March 11, 2024. 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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. In § 52.920, in table 2 to paragraph
(c), under the center heading ‘‘Reg 1—
General Provision,’’ revise the entry for
1.06 to read as follows:
■
Dated: December 29, 2023.
Jeaneanne Gettle,
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
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
TABLE 2 TO PARAGRAPH (c)—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA
approval
date
Title/subject
Federal
Register
notice
District
effective
date
Explanation
Reg 1—General Provisions
1.06 ...
*
*
*
*
Stationary Source Self-Monitoring, Emissions Inventory
Development, and Reporting.
*
1/10/2024
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. FMC–2024–0002]
RIN 3072–AC98
Inflation Adjustment of Civil Monetary
Penalties
Federal Maritime Commission.
Final rule.
AGENCY:
The Federal Maritime
Commission (Commission) is publishing
this final rule to adjust for inflation the
civil monetary penalties assessed or
enforced by the Commission, pursuant
to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (2015 Act). The 2015 Act requires
that agencies adjust and publish their
new civil penalties by January 15 each
year.
DATES: This rule is effective January 15,
2024.
FOR FURTHER INFORMATION CONTACT:
David Eng, Secretary; Phone: (202) 523–
5725; Email: secretary@fmc.gov.
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SUMMARY:
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This rule
adjusts the civil monetary penalties
assessable by the Commission in
accordance with the 2015 Act, which
became effective on November 2, 2015.
Public Law 114–74, section 701. The
2015 Act further amended the Federal
Civil Penalties Inflation Adjustment Act
of 1990 (FCPIAA), Public Law 101–410,
104 Stat. 890 (codified as amended at 28
U.S.C. 2461 note), in order to improve
the effectiveness of civil monetary
penalties and to maintain their deterrent
effect.
The 2015 Act requires agencies to
adjust civil monetary penalties under
their jurisdiction by January 15 each
year, based on changes in the consumer
price index (CPI–U) for the month of
October in the previous calendar year.
On December 19, 2023, the Office of
Management and Budget published
guidance stating that the CPI–U
multiplier for October 2023 is 1.03241.1
In order to complete the annual
adjustment, the Commission must
multiply the most recent civil penalty
amounts in 46 CFR part 506 by the
multiplier, 1.03241.
1 Office of Management and Budget, M–24–07,
Implementation of Penalty Inflation Adjustments
for 2023, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of
2015, at 1 (Dec. 19, 2023) (M–23–05).
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*
3/16/2022
*
SUPPLEMENTARY INFORMATION:
[FR Doc. 2024–00012 Filed 1–9–24; 8:45 am]
ACTION:
*
[Insert citation of publication].
Sfmt 4700
*
Except Section 5 and any
references to Section 5
in this regulation.
*
*
Rulemaking Analyses and Notices
Notice and Effective Date
Adjustments under the FCPIAA, as
amended by the 2015 Act, are not
subject to the procedural rulemaking
requirements of the Administrative
Procedure Act (APA) (5 U.S.C. 553),
including the requirements for prior
notice, an opportunity for comment, and
a delay between the issuance of a final
rule and its effective date.2 The 2015
Act requires that the Commission adjust
its civil monetary penalties no later than
January 15 of each year.
Congressional Review Act
The rule is not a ‘‘major rule’’ as
defined by the Congressional Review
Act, codified at 5 U.S.C. 801 et seq. The
rule will not result in: (1) an annual
effect on the economy of $100,000,000
or more; (2) a major increase in costs or
prices; or (3) significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
companies to compete with foreignbased companies. 5 U.S.C. 804(2).
2 Id. at 3–4. Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law 101–410,
section 4(b)(2), 104 Stat. 890 (codified at 28 U.S.C.
2461 note).
E:\FR\FM\10JAR1.SGM
10JAR1
]]>Agencies
[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Rules and Regulations]
[Pages 1461-1464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00012]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0097; FRL-11564-04-R4]
Air Plan Approval; Kentucky; Revisions to Jefferson County
Emissions Monitoring and Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to
[[Page 1462]]
the Jefferson County portion of the Kentucky State Implementation Plan
(SIP), submitted by the Commonwealth of Kentucky, through the Energy
and Environment Cabinet (Cabinet), via a letter dated June 15, 2022.
The changes were submitted by the Cabinet on behalf of the Louisville
Metro Air Pollution Control District (District) and amend the
District's stationary source emissions monitoring and reporting
requirements. EPA is approving the changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective February 9, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0097. 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 15, 2022,\1\ the Commonwealth of Kentucky submitted changes
to the Jefferson County portion of the Kentucky SIP for EPA
approval.2 3 In this rulemaking, EPA is approving changes to
Regulation 1.06, Stationary Source Self-Monitoring, Emissions Inventory
Development, and Reporting submitted on June 15, 2022.
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\1\ On June 15, 2022, Kentucky provided multiple SIP revisions
that are not addressed in this rulemaking. One of the June 15, 2022,
submittals contains changes to District Regulation 2.04,
Construction or Modification of Major Sources in or Impacting upon
Non-Attainment Areas (Emission Offset Requirements) in the Kentucky
SIP. These changes are not addressed in this notice. EPA will act on
these changes in a separate rulemaking. Another June 15, 2022, SIP
revision contained changes to District Regulation 2.17, Federally
Enforceable District Origin Operating Permits, in the Kentucky SIP.
EPA finalized its approval of changes to Regulation 2.17 on March 1,
2023. See 88 FR 12831.
\2\ EPA received this submission on June 13, 2022, via a letter
dated June 15, 2022. Throughout this final rule, this submission
will be referred to as the June 15, 2022, submission.
\3\ 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 the District regulations contained in the
Jefferson County portion of the Kentucky SIP as the ``Jefferson
County'' regulations.
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Through a notice of proposed rulemaking (NPRM) published on
November 20, 2023 (88 FR 80680), EPA proposed to approve these changes
to Regulation 1.06. Section 6, Emissions Statements for Ozone
Precursors, of Regulation 1.06 requires that on or before April 15 of
each year, all stationary sources of NOX or VOC shall submit
to the District a statement of actual emissions of those compounds. In
this rulemaking, EPA is finalizing its approval of the District's June
15, 2022, request to incorporate Version 11 of Regulation 1.06 into the
SIP, replacing Version 10. Version 10 of Regulation 1.06 at Section
6.2.1 states that facilities with less than 25 tons per year (tpy) of
plant-wide actual VOC emissions or less than 25 tpy of plant-wide
actual NOX emissions are exempted from the emissions
statement requirements in Section 6, unless emissions of the other
pollutant (VOC or NOX) are at or above 25 tpy. Version 11
revises Section 6.2.1 to instead exempt facilities with less than 25
tpy of plant-wide potential VOC and less than 25 tpy of plant-wide
potential NOX emissions from the Section 6 emissions
statement requirement.\4\ The contents of the District's submission, as
well as EPA's rationale for approving changes to this regulation, are
described in more detail in EPA's November 20, 2023, NPRM. Comments on
the November 20, 2023, NPRM were due on or before December 20, 2023.
EPA received one comment and responds to this comment in the next
section of this rulemaking notice.
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\4\ Section 6.2.1 continues to allow the District to require
sources claiming the exemption to provide adequate information to
verify actual emissions for the previous year.
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II. Response to Comment
EPA received one comment on the November 20, 2023, NPRM. The
comment expresses both support for and concern about EPA's proposed
action to approve the amendments to Jefferson County's emissions
reporting requirements.
Comment: The commenter stated that changing the way emissions are
reported could be ``very beneficial and more organized,'' which the
commenter finds ``especially important if it would help benefit
Kentucky residents.'' The commenter's ``only concern is how it would be
ensured'' that the changes to the emissions reporting requirements
would not ``decrease the amount of emissions reported.'' The commenter
asks if there are measures put in place to keep plants accountable,
noting that ``[c]limate change is a very real concern and it is
important to hold the power plants that are contributing to change
accountable.''
Response: CAA section 182(a)(3)(B)(i) requires States to submit to
EPA a SIP revision requiring the owner or operator of each stationary
source of NOX or VOC in an ozone nonattainment area to
report its NOX and VOC emissions to the State and to certify
the accuracy of these reported emissions. Section 182(a)(3)(B)(ii)
allows States to waive the requirements under subsection (i) for
stationary sources emitting less than 25 tpy of VOC or NOX
if the State provides an inventory of emissions from such class or
category of sources.
Jefferson County is subject to the requirements of CAA section
182(a) because it is part of the Louisville, KY-IN moderate
nonattainment area for the 2015 8-Hour Ozone National Ambient Air
Quality Standards (NAAQS). Regulation 1.06, Stationary Source Self-
Monitoring, Emissions Inventory Development, and Reporting, in the
Jefferson County portion of the Kentucky SIP, provides the District
with the authority to require emissions monitoring at stationary
sources and requires certain sources to maintain emissions records and
to provide annual emissions statements to the District.\5\ Section 6,
Emissions Statements for Ozone Precursors, requires that on or before
April 15 of each year, all stationary sources of NOX or VOC
shall submit to the District a statement of actual emissions of those
compounds.
[[Page 1463]]
As discussed above, Version 10 of Regulation 1.06 at Section 6.2.1
states that facilities with less than 25 tpy of plant-wide actual VOC
emissions or less than 25 tpy of plant-wide actual NOX
emissions are exempted from the emissions statement requirements in
Section 6, unless emissions of the other pollutant (VOC or
NOX) are at or above 25 tpy. In this action, EPA is
approving Version 11 into the SIP which revises Section 6.2.1 to
instead exempt facilities with less than 25 tpy of plant-wide potential
VOC and less than 25 tpy of plant-wide potential NOX
emissions from the Section 6 emissions statement requirement.\6\
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\5\ On March 9, 2022, EPA determined that Regulation 1.06 met
the requirements for the 2015 ozone NAAQS for the Jefferson County
Area. See 87 FR 13177.
\6\ As discussed in the NPRM, section 6 continues to satisfy the
emissions statement requirements in CAA section 182(a)(3)(B).
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As noted in the NPRM, the changes do not reduce the number of
facilities required to submit emissions statements. Changing the basis
for the exemption from actual to potential emissions does not reduce
the number of facilities that must submit emissions statements because
potential emissions reflect a facility's maximum capacity to emit a
pollutant under its physical and operational design.\7\ Thus, the
change from actual to potential emissions may make fewer facilities
eligible for the exemption, thus increasing the number of facilities
required to submit emissions statements. Furthermore, the changes do
not affect the amount or type of information that must be included in
the emissions statements.
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\7\ See, e.g., the definition of ``potential to emit'' in
Regulation 1.02, Section 1.61, of the Jefferson County portion of
the Kentucky SIP.
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III. 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, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of District Regulation 1.06, Stationary
Source Self-Monitoring, Emissions Inventory Development, and Reporting,
adopted by the District on March 16, 2022 (referred to as ``Version
11'' by the District). 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.\8\
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\8\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the aforementioned changes to Regulation 1.06,
Stationary Source Self-Monitoring, Emissions Inventory Development, and
Reporting, adopted by the District on March 16, 2022, into the
Jefferson County portion of the Kentucky SIP. The EPA is approving
these changes because they are consistent with the CAA.
V. 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. Accordingly, 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, 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 and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The District did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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
[[Page 1464]]
Court of Appeals for the appropriate circuit by March 11, 2024. 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: December 29, 2023.
Jeaneanne Gettle,
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. In Sec. 52.920, in table 2 to paragraph (c), under the center
heading ``Reg 1--General Provision,'' revise the entry for 1.06 to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 2 to Paragraph (c)--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
EPA approval Federal Register District
Reg Title/subject date notice effective date Explanation
----------------------------------------------------------------------------------------------------------------
Reg 1--General Provisions
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* * * * * * *
1.06........ Stationary Source Self- 1/10/2024 [Insert citation of 3/16/2022 Except Section 5
Monitoring, Emissions publication]. and any references
Inventory Development, to Section 5 in
and Reporting. this regulation.
* * * * * * *
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* * * * *
[FR Doc. 2024-00012 Filed 1-9-24; 8:45 am]
BILLING CODE 6560-50-P
