Air Plan Approval; KY; Revisions to Jefferson County Definitions, 16496-16498 [2024-04773]
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khammond on DSKJM1Z7X2PROD with PROPOSALS
16496
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
(C) The lower interest rate is
produced solely from discount points,
more than one discount point is added
to the loan amount, and the resulting
loan balance (inclusive of all fees,
closing costs, and expenses that have
been financed) maintains a loan to value
ratio of 90 percent or less.
(iii) Pursuant to paragraph (a)(4)(i) of
this section, no more than two discount
points may be added to the loan
amount.
(iv) In cases where the lower interest
rate is not produced solely from
discount points, as described by
paragraph (a)(10)(ii)(A) of this section,
lenders must provide to the Secretary
evidence that the lower interest rate is
not produced solely from discount
points.
(v) Lenders must use a property
valuation from an appraisal report,
completed no earlier than 180 days
before the note date, as the dollar
amount for the value in the loan to
value ratio described by paragraph
(a)(10)(ii) of this section. The appraisal
report must be completed by a licensed
appraiser and the appraiser’s license
must be active at the time the appraisal
report is completed. A veteran may only
be charged for one such appraisal
report. A veteran may only be charged
for such appraisal report as part of the
flat charge not exceeding 1 percent of
the amount of the loan, as described by
§ 36.4313(d)(2). While a lender may use
a VA-designated fee appraiser to
complete the appraisal report, lenders
should not request an appraisal through
VA systems unless directed by the
Secretary.
(11) Net tangible benefit. The
refinancing loan must provide a net
tangible benefit to the veteran. For the
purposes of this section, net tangible
benefit means that the refinancing loan
is in the financial interest of the veteran.
The lender of the refinancing loan must
provide the veteran with a net tangible
benefit test. The net tangible benefit test
must be satisfied. The net tangible
benefit test is defined as follows:
(i) The refinancing loan must meet the
requirements prescribed by paragraphs
(a)(8), (9), and (10) of this section.
(ii) The lender must provide the
veteran with an initial loan comparison
disclosure and a final loan comparison
disclosure of the following:
(A) The loan payoff amount of the
refinancing loan, with a comparison to
the loan payoff amount of the loan being
refinanced;
(B) The type of the refinancing loan,
whether a fixed-rate loan, traditional
adjustable-rate loan, or hybrid
adjustable-rate loan, with a comparison
to the type of the loan being refinanced;
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(C) The interest rate of the refinancing
loan, with a comparison to the current
interest rate of the loan being
refinanced;
(D) The term of the refinancing loan,
with a comparison to the term
remaining on the loan being refinanced;
and
(E) The dollar amount of the veteran’s
monthly payment for principal and
interest under the refinancing loan, with
a comparison to the current dollar
amount of the veteran’s monthly
payment for principal and interest
under the loan being refinanced.
(iii) The lender must provide the
veteran with an initial loan comparison
disclosure (in a format specified by the
Secretary) on the date the lender
provides the Loan Estimate, required
under 12 CFR 1026.19(e), to the veteran.
If the lender is required to provide to
the veteran a revised Loan Estimate
under 12 CFR 1026.19(e) that includes
any of the revisions described by
paragraph (a)(11)(iv) of this section, the
lender must provide to the veteran, on
the same date the revised Loan Estimate
must be provided, an updated loan
comparison disclosure.
(iv) The revisions described by this
paragraph (a)(11)(iv) are:
(A) A revision to any loan attribute
that must be compared pursuant to
paragraph (a)(11)(ii) of this section;
(B) A revision that affects the
recoupment under paragraph (a)(8) of
this section; and
(C) Any other revision that is a
numeric, non-clerical change.
(v) The lender must provide the
veteran with a final loan comparison
disclosure (in a format specified by the
Secretary) on the date the lender
provides to the veteran the Closing
Disclosure required under 12 CFR
1026.19(f). The veteran must certify,
following receipt of the final loan
comparison disclosure, that the veteran
received the initial and final loan
comparison disclosures required by this
paragraph.
(vi) Regardless of whether the lender
must provide the veteran with a Loan
Estimate under 12 CFR 1026.19(e) or a
Closing Disclosure under 12 CFR
1026.19(f), the lender must provide the
veteran with the initial and final loan
comparison disclosures. Where the
lender is not required to provide the
veteran with a Loan Estimate or a
Closing Disclosure because the
refinancing loan is an exempt
transaction under 12 CFR 1026.3, the
lender must provide the veteran with
the initial and final loan comparison
disclosures on the dates the lender
would have been required to provide
the veteran with the Loan Estimate
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
under 12 CFR 1026.19(e) and the
Closing Disclosure under 12 CFR
1026.19(f), respectively, as if the
refinancing loan was not an exempt
transaction.
*
*
*
*
*
(Authority: 38 U.S.C. 3703, 3709, and 3710)
3. Amend § 36.4313 by:
a. Revising paragraph (d)(1)(i); and
b. In paragraph (e)(1)(i), removing the
word ‘‘and’’ and adding, in its place, the
word ‘‘or’’.
The revisions read as follows:
■
■
■
36.4313
Charges and fees.
*
*
*
*
*
(d) * * *
(1) * * *
(i) Fees of Department of Veterans
Affairs appraiser and of compliance
inspectors designated by the
Department of Veterans Affairs except
the following:
(A) Appraisal fees incurred for the
predetermination of reasonable value
requested by others than veteran or
lender; and
(B) Appraisal fees incurred for the
purpose specified by § 36.4307(a)(10)(v)
of this subpart.
*
*
*
*
*
[FR Doc. 2024–04884 Filed 3–6–24; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0338; FRL–11798–
01–R4]
Air Plan Approval; KY; Revisions to
Jefferson County Definitions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted on May 31, 2023, by
the Commonwealth of Kentucky,
through the Kentucky Division for Air
Quality (KDAQ) on behalf of the
Louisville Metro Pollution Control
District (Jefferson County or District).
The purpose of the revision is to modify
the SIP-approved version of the
District’s definitions rule to include a
list of ‘‘trivial activities’’ in a new
appendix; update the incorporation by
reference date of the Federal air quality
regulation that excludes certain organic
compounds from the definition of
‘‘volatile organic compounds (VOC);’’
and make minor grammatical changes.
SUMMARY:
E:\FR\FM\07MRP1.SGM
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Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
EPA is proposing to approve the
changes pursuant to the Clean Air Act
(CAA or Act).
DATES: Comments must be received on
or before April 8, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2023–0338 at regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Simone Jarvis, 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–
8393. Ms. Jarvis can also be reached via
electronic mail at jarvis.simone@
epa.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with PROPOSALS
I. Background
On May 31, 2023, KDAQ, on behalf of
the District, submitted changes to the
Jefferson County portion of the
Kentucky SIP for EPA approval.1 In this
proposed rulemaking, EPA is proposing
to approve changes to Jefferson County
Regulation 1.02, Definitions.2
1 The May 31, 2023, submittal also contains
changes to Jefferson County Regulation 1.11,
Control of Open Burning, in the Jefferson County
portion of the Kentucky SIP. EPA intends to address
these changes in a separate rulemaking.
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 the District regulations contained in the Jefferson
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15:38 Mar 06, 2024
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II. EPA’s Analysis of Kentucky’s SIP
Revision
The May 31, 2023, SIP revision
contains a version of Regulation 1.02,
Definitions, that was adopted by the
District on March 15, 2023 (referred to
as ‘‘Version 16’’ by the District). The
District requests that EPA incorporate
Version 16 into the SIP and identifies
changes in Regulation 1.02 between
Version 16 and Version 15, which is the
version of the rule currently in the SIP.
The District’s first proposed change is
the addition of Appendix B to Section
1, which lists ‘‘trivial activities,’’ and
the modification to the definition of
‘‘trivial activities’’ at subsection 1.80 to
reference Appendix B.3 The SIPapproved definition of ‘‘trivial
activities’’ states that the District will
maintain a list of trivial activities that
shall be made available to the public
upon request. This list has not changed
since it was created in 1995 in response
to the EPA White Paper for Streamlined
Development of Part 70 Permit
Applications.4 This change would only
incorporate the list into the SIP and
would not alter the activities listed
therein.
The District’s second proposed
change is to the definition of ‘‘volatile
organic compound’’ at subsection 1.84.
Subsection 1.8.4.1 incorporates by
reference 40 CFR 51.100(s)(1) which
lists compounds excluded from the
Federal definition of ‘‘volatile organic
compounds (VOC)’’ at 40 CFR 51.100(s).
The change updates the incorporation
by reference date from July 1, 2018, to
July 1, 2022, which has the effect of
adding an organic compound, cis1,1,1,4,4,4-hexafluorobut-2-ene (also
known as HFO–1336mzz–Z), to the list
of compounds excluded from the
definition of VOC. EPA exempted this
compound from the Federal definition
of ‘‘volatile organic compounds (VOC)’’
because its contribution to the formation
of tropospheric ozone is negligible. See
83 FR 61127 (November 28, 2018).
The District’s third proposed change
is a set of minor grammatical changes.
For example, the Section 1 preamble is
changed from ‘‘in the District’s
regulations’’ to ‘‘in District regulations.’’
Given the nature of this change and the
County portion of the Kentucky SIP as the
‘‘Jefferson County’’ regulations.
3 The revised version of subsection 1.80 reads
‘‘ ‘Trivial activities’ means any activity that is
considered inconsequential, as determined by the
District, and included in Appendix B to this
Regulation.’’
4 Attachment A to the EPA White Paper contains
a list of activities that may be treated as trivial. The
White Paper is available at: https://www.epa.gov/
title-v-operating-permits/white-paper-streamlineddevelopment-part-70-permit-applications.
PO 00000
Frm 00027
Fmt 4702
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16497
changes described above, the SIP
revision will not interfere with any
applicable requirement concerning
attainment of the national ambient air
quality standards, reasonable further
progress, or any other applicable
requirement of the CAA.5 EPA is
proposing to approve all changes to
Regulation 1.02 except for the
grammatical edit to the term ‘‘acute
noncancer effect,’’ because that term is
not in the SIP.6
III. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, and as
discussed in Section II of this preamble,
EPA is proposing to incorporate by
reference Jefferson County Regulation
1.02, Definitions (except for the
definition of ‘‘Acute noncancer effect’’),
Version 16, District-effective on March
15, 2023, which updates exclusions to
the definition of ‘‘volatile organic
compound’’ and includes Appendix B
which lists ‘‘trivial activities.’’ 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).
IV. Proposed Action
EPA is proposing to approve the
changes to Regulation 1.02, Definitions
(except for the change to the definition
of ‘‘Acute noncancer effect’’), of the
Jefferson County portion of the
Kentucky SIP, submitted by the
Commonwealth on May 31, 2023, for
the reasons discussed above. The SIP
revision updates the current SIPapproved version of Regulation 1.02
(Version 15) to Version 16.
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
CAA and applicable Federal regulations.
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 proposed
action merely proposes to approve State
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
5 See
CAA section 110(l).
81 FR 87815 (December 6, 2016), 82 FR
35101 (July 28, 2017).
6 See
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Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
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 proposed
action. Due to the nature of the action
being proposed here, this proposed
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 proposed 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.
State law. For that reason, this proposed
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,
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, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 1, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024–04773 Filed 3–6–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–OLEM–2024–0066, 0067 and
0068; FRL–11724–01–OLEM]
National Priorities List
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’ or ‘‘the Act’’), as amended,
requires that the National Oil and
Hazardous Substances Pollution
Contingency Plan (‘‘NCP’’) include a list
of national priorities among the known
releases or threatened releases of
hazardous substances, pollutants or
contaminants throughout the United
States. The National Priorities List
(‘‘NPL’’) constitutes this list. The NPL is
intended primarily to guide the
Environmental Protection Agency
(‘‘EPA’’ or ‘‘the agency’’) in determining
which sites warrant further
investigation. These further
investigations will allow the EPA to
assess the nature and extent of public
health and environmental risks
associated with the site and to
determine what CERCLA-financed
remedial action(s), if any, may be
appropriate. This rule proposes to add
three sites to the General Superfund
section of the NPL.
DATES: Comments regarding any of these
proposed listings must be submitted
(postmarked) on or before May 6, 2024.
ADDRESSES: Identify the appropriate
docket number from the table below.
SUMMARY:
khammond on DSKJM1Z7X2PROD with PROPOSALS
DOCKET IDENTIFICATION NUMBERS BY SITE
Site name
City/county, state
Afterthought Mine ...............................................
Gelman Sciences Inc .........................................
Upper Columbia River ........................................
Bella Vista, CA .................................................
Ann Arbor, MI ...................................................
Upper Columbia River, WA .............................
You may send comments, identified
by the appropriate docket number, by
any of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
VerDate Sep<11>2014
15:38 Mar 06, 2024
Jkt 262001
Docket ID No.
preferred method). Follow the online
instructions for submitting comments.
• Agency Website: https://
www.epa.gov/superfund/current-nplupdates-new-proposed-npl-sites-and-
PO 00000
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EPA–HQ–OLEM–2024–0066.
EPA–HQ–OLEM–2024–0067.
EPA–HQ–OLEM–2024–0068.
new-npl-sites; scroll down to the site for
which you would like to submit
comments and click the ‘‘Comment
Now’’ link.
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Agencies
[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16496-16498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04773]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0338; FRL-11798-01-R4]
Air Plan Approval; KY; Revisions to Jefferson County Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted on May 31,
2023, by the Commonwealth of Kentucky, through the Kentucky Division
for Air Quality (KDAQ) on behalf of the Louisville Metro Pollution
Control District (Jefferson County or District). The purpose of the
revision is to modify the SIP-approved version of the District's
definitions rule to include a list of ``trivial activities'' in a new
appendix; update the incorporation by reference date of the Federal air
quality regulation that excludes certain organic compounds from the
definition of ``volatile organic compounds (VOC);'' and make minor
grammatical changes.
[[Page 16497]]
EPA is proposing to approve the changes pursuant to the Clean Air Act
(CAA or Act).
DATES: Comments must be received on or before April 8, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0338 at regulations.gov. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Simone Jarvis, 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) 562-8393. Ms. Jarvis can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 31, 2023, KDAQ, on behalf of the District, submitted changes
to the Jefferson County portion of the Kentucky SIP for EPA
approval.\1\ In this proposed rulemaking, EPA is proposing to approve
changes to Jefferson County Regulation 1.02, Definitions.\2\
---------------------------------------------------------------------------
\1\ The May 31, 2023, submittal also contains changes to
Jefferson County Regulation 1.11, Control of Open Burning, in the
Jefferson County portion of the Kentucky SIP. EPA intends to address
these changes in a separate rulemaking.
\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 the District regulations contained in the
Jefferson County portion of the Kentucky SIP as the ``Jefferson
County'' regulations.
---------------------------------------------------------------------------
II. EPA's Analysis of Kentucky's SIP Revision
The May 31, 2023, SIP revision contains a version of Regulation
1.02, Definitions, that was adopted by the District on March 15, 2023
(referred to as ``Version 16'' by the District). The District requests
that EPA incorporate Version 16 into the SIP and identifies changes in
Regulation 1.02 between Version 16 and Version 15, which is the version
of the rule currently in the SIP.
The District's first proposed change is the addition of Appendix B
to Section 1, which lists ``trivial activities,'' and the modification
to the definition of ``trivial activities'' at subsection 1.80 to
reference Appendix B.\3\ The SIP-approved definition of ``trivial
activities'' states that the District will maintain a list of trivial
activities that shall be made available to the public upon request.
This list has not changed since it was created in 1995 in response to
the EPA White Paper for Streamlined Development of Part 70 Permit
Applications.\4\ This change would only incorporate the list into the
SIP and would not alter the activities listed therein.
---------------------------------------------------------------------------
\3\ The revised version of subsection 1.80 reads `` `Trivial
activities' means any activity that is considered inconsequential,
as determined by the District, and included in Appendix B to this
Regulation.''
\4\ Attachment A to the EPA White Paper contains a list of
activities that may be treated as trivial. The White Paper is
available at: https://www.epa.gov/title-v-operating-permits/white-paper-streamlined-development-part-70-permit-applications.
---------------------------------------------------------------------------
The District's second proposed change is to the definition of
``volatile organic compound'' at subsection 1.84. Subsection 1.8.4.1
incorporates by reference 40 CFR 51.100(s)(1) which lists compounds
excluded from the Federal definition of ``volatile organic compounds
(VOC)'' at 40 CFR 51.100(s). The change updates the incorporation by
reference date from July 1, 2018, to July 1, 2022, which has the effect
of adding an organic compound, cis-1,1,1,4,4,4-hexafluorobut-2-ene
(also known as HFO-1336mzz-Z), to the list of compounds excluded from
the definition of VOC. EPA exempted this compound from the Federal
definition of ``volatile organic compounds (VOC)'' because its
contribution to the formation of tropospheric ozone is negligible. See
83 FR 61127 (November 28, 2018).
The District's third proposed change is a set of minor grammatical
changes. For example, the Section 1 preamble is changed from ``in the
District's regulations'' to ``in District regulations.'' Given the
nature of this change and the changes described above, the SIP revision
will not interfere with any applicable requirement concerning
attainment of the national ambient air quality standards, reasonable
further progress, or any other applicable requirement of the CAA.\5\
EPA is proposing to approve all changes to Regulation 1.02 except for
the grammatical edit to the term ``acute noncancer effect,'' because
that term is not in the SIP.\6\
---------------------------------------------------------------------------
\5\ See CAA section 110(l).
\6\ See 81 FR 87815 (December 6, 2016), 82 FR 35101 (July 28,
2017).
---------------------------------------------------------------------------
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in Section II of this
preamble, EPA is proposing to incorporate by reference Jefferson County
Regulation 1.02, Definitions (except for the definition of ``Acute
noncancer effect''), Version 16, District-effective on March 15, 2023,
which updates exclusions to the definition of ``volatile organic
compound'' and includes Appendix B which lists ``trivial activities.''
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).
IV. Proposed Action
EPA is proposing to approve the changes to Regulation 1.02,
Definitions (except for the change to the definition of ``Acute
noncancer effect''), of the Jefferson County portion of the Kentucky
SIP, submitted by the Commonwealth on May 31, 2023, for the reasons
discussed above. The SIP revision updates the current SIP-approved
version of Regulation 1.02 (Version 15) to Version 16.
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 CAA and applicable
Federal regulations. 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
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by
[[Page 16498]]
State law. For that reason, this proposed 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 proposed action. Due to the
nature of the action being proposed here, this proposed 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
proposed 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.
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, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 1, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-04773 Filed 3-6-24; 8:45 am]
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