Air Plan Approval; KY; 2015 8-Hour Ozone Nonattainment New Source Review Permit Program Requirements and Rule Revision for Jefferson County, 16460-16463 [2024-04782]
Download as PDF
16460
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules and Regulations
TABLE 1 TO § 165.945—Continued
Number
Regulated area
(Note: all geographic coordinates expressed in term of latitude and
longitude datum are based on WGS 84 coordinates)
Site name
khammond on DSKJM1Z7X2PROD with RULES
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
(b) Regulations. In addition to the
general Regulated Navigation Area
regulations in Subpart B of this Section,
all vessels and persons are prohibited
from activities that would disturb the
integrity of engineered remedies
designed to address contaminated
sediments at the sites identified above,
and further described in the St. Louis
River Area of Concern Remedial Action
Plan. Such activities may include, but
are not limited to anchoring, dragging,
spudding, or dredging. The prohibitions
in this section shall not supersede
restrictions outlined in executed
Records of Decision for Superfund sites.
(c) Exemptions.
(1) Public vessels operating in an
official capacity. Public vessels are
defined as any vessel owned or operated
by the United States or by the State or
local government.
(2) Any vessel in an emergency
situation may deviate from this
regulation to the extent necessary to
avoid endangering the safety of persons,
the environment, and/or property. If
deviation occurs, the master or designee
shall inform the Coast Guard as soon as
it is safe and practicable to do so.
(d) Waivers. The Captain of the Port
Duluth may, in consultation with local,
state, and Federal agencies or regulated
private entities, authorize a waiver from
this section if it is determined that
activity can be performed without
undue risk to environmental
remediation construction, monitoring,
and maintenance. Requests for waivers
should be submitted in writing and at
least 120 days prior to the proposed
operations to Commander, U.S. Coast
Guard Marine Safety Unit, Duluth, 515
West First Street, Room 145, Duluth,
VerDate Sep<11>2014
15:19 Mar 06, 2024
Jkt 262001
46°41′01.9943″
46°41′04.0665″
46°41′03.8696″
46°41′02.0724″
46°40′56.9795″
46°40′55.9436″
46°40′53.8981″
46°40′51.2261″
46°40′48.9634″
46°40′46.4928″
46°40′45.2017″
46°40′42.1916″
46°40′38.9992″
46°40′32.6805″
46°40′28.8937″
46°40′27.5301″
46°40′26.6103″
46°40′26.2216″
46°40′25.0613″
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
MN 55802 to facilitate review by the
U.S. Coast Guard.
(e) Penalties. Vessel or persons that
violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
(f) Enforcement period. This
Regulated Navigation Area is in effect
permanently and can be enforced at any
time.
(g) Contact information. If you
observe violations of the regulations in
this section, you may notify the COTP
by email, at MSUDuluthWWM@
uscg.mil, or by phone, 218–725–3818.
Dated: February 28, 2024.
Jonathan P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2024–04841 Filed 3–6–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0691; FRL–11644–
02–R4]
Air Plan Approval; KY; 2015 8-Hour
Ozone Nonattainment New Source
Review Permit Program Requirements
and Rule Revision for Jefferson
County
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
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
092°11′40.5819″
092°11′39.1344″
092°11′36.2223″
092°11′34.3605″
092°11′32.1366″
092°11′32.3531″
092°11′32.7804″
092°11′33.1191″
092°11′33.1528″
092°11′32.8907″
092°11′32.5057″
092°11′38.3025″
092°11′44.4501″
092°11′44.4595″
092°11′44.7158″
092°11′46.0856″
092°11′47.3902″
092°11′48.4650″
092°11′51.2108″
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
(SIP) submitted by the Commonwealth
of Kentucky through the Kentucky
Energy and Environment Cabinet
(Cabinet) on June 13, 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). EPA is
approving changes to the District’s rules
on the construction or modification of
major stationary sources that are located
within nonattainment areas or that have
emissions impacting nonattainment
areas. EPA also is approving the
certification submitted by Kentucky on
behalf of the District that the new
version of the Nonattainment New
Source Review (NNSR) permitting
regulations for incorporation into the
Jefferson County portion of the
Kentucky SIP meets the NNSR
nonattainment planning requirements
for the 2015 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). The certification covers the
Jefferson County portion of the
Louisville, Kentucky-Indiana multi-state
nonattainment area for the 2015 8-hour
ozone NAAQS. This action is pursuant
to the Clean Air Act (CAA or Act) and
its implementing regulations.
DATES: This rule is effective April 8,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0691. 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.
E:\FR\FM\07MRR1.SGM
07MRR1
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
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
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:
Sarah LaRocca, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303–8960.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at LaRocca.Sarah@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The New Source Review (NSR)
program is a preconstruction permitting
program that requires certain stationary
sources of air pollution to obtain
permits prior to beginning construction.
The NSR permitting program applies to
new construction and to the
modification of existing sources located
in an area where the NAAQS have been
exceeded (nonattainment area), areas
where the NAAQS have not been
exceeded (attainment), and areas that
are unclassified.
Jefferson County is located within a
nonattainment area for the 2015 8-hour
ozone NAAQS. See 40 CFR 81.318; see
also EPA’s Greenbook.1 Therefore,
Jefferson County is required to have
NNSR rules approved into the Jefferson
County portion of the Kentucky SIP for
this criteria pollutant addressing the
requirements of CAA section 172(c)(5),
CAA section 173, 40 CFR 51.165, and 40
CFR 51.1314.
Through a notice of proposed
rulemaking (NPRM) published on
January 19, 2024 (89 FR 3613), EPA
proposed to approve changes to the
District’s Regulation 2.04, Construction
or Modification of Major Sources In or
Impacting Upon Non-Attainment Areas
(Emission Offset Requirements), which
establishes requirements for Jefferson
1 The Kentucky portion of the Greenbook is
available at https://www3.epa.gov/airquality/
greenbook/anayo_ky.html.
VerDate Sep<11>2014
15:19 Mar 06, 2024
Jkt 262001
County’s NNSR program, along with a
certification that this updated version of
Regulation 2.04 satisfies the
requirements of the CAA for the 2015 8hour ozone NAAQS applicable to the
Jefferson County portion of the
Louisville, KY-IN 2015 ozone moderate
nonattainment area.2 In this rulemaking,
EPA is finalizing its approval of the
District’s June 13, 2022,3 4 request to
incorporate Version 8 5 of Regulation
2.04 and certification, for incorporation
into the SIP, as meeting the NNSR
requirements for implementation of the
2015 8-hour ozone NAAQS. EPA’s
rationale for approving the changes is
described in the January 19, 2024,
NPRM. Comments on the January 19,
2024, NPRM were due on or before
February 20, 2024. No comments were
received on the January 19, 2024,
NPRM, adverse or otherwise.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, and as discussed in Section I of
this preamble, EPA is finalizing the
incorporation by reference of Jefferson
County Regulation 2.04, Version 8,
‘‘Construction or Modification of Major
Sources in or Impacting upon NonAttainment Areas (Emission Offset
Requirements),’’ locally effective on
March 16, 2022, except for the ethanol
production facilities exclusion in
Sections 1.4.3.20 and 5.20.
Additionally, EPA is retaining Sections
2.2.20 and 10 from Version 7 of
Regulation 2.04, locally effective on
March 17, 1993.6 7 EPA has made and
2 On July 13, 2021, Kentucky, on behalf of
Jefferson County, submitted a certification that the
current SIP-approved version of Regulation 2.04
fulfills requirements of the NNSR program.
Jefferson County withdrew that submission on June
13, 2022, and replaced it with a SIP revision
containing changes to District Regulation 2.04 and
an updated certification that the modified version
of Regulation 2.04 complies with NNSR
requirements for the 8-hour ozone NAAQS as
addressed in this rulemaking.
3 The June 13, 2022, submission was received via
a letter dated June 15, 2022.
4 As discussed in the January 19, 2024, NPRM,
the June 13, 2022, submission contains changes to
address the federal NNSR provisions promulgated
in the Ethanol Rule. EPA is not acting on those
changes in this rulemaking.
5 EPA is retaining Sections 2.2.20 and 10 from
Version 7 of Regulation 2.04.
6 In a letter dated August 24, 2023, the District
withdrew its request to remove Section 2.2.20 of
Regulation 2.04 from the SIP, which defines ‘‘Class
I area,’’ from EPA’s consideration. In a subsequent
email dated November 14, 2023, the District
clarified that the withdrawal of the June 13, 2022,
request to remove from the SIP Regulation 2.04
version 7 Section 2.2.20, includes all subparagraphs
within the definition (i.e., 2.2.20.1 through
2.2.20.7). See the August 24, 2023, letter, and the
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
16461
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
III. Final Action
EPA is approving changes to the
Jefferson County portion of the
Kentucky SIP, submitted on June 13,
2022, with the exception of the ethanol
production facilities exclusion in
Sections 1.4.3.20 and 5.20, which EPA
is not acting on at this time. These
revisions will align Jefferson County
Regulation 2.04, with federal NNSR
regulations at 40 CFR 51.165.
Additionally, EPA is approving
Jefferson County’s certification of NNSR
requirements for the 2015 8-hour ozone
NAAQS for the Jefferson County portion
of the Louisville, KY-IN 2015 ozone
moderate nonattainment area which
meets the requirements of CAA sections
172(c)(5) and 173 and 40 CFR 51.165
and 51.1314. EPA has determined that
the requested changes in Kentucky’s
June 13, 2022, SIP revision will not
interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of 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
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,
November 14, 2023, clarifying correspondence in
the docket for this rulemaking.
7 In a letter dated August 24, 2023, the District
withdrew its request to remove Section 10—
Protection of Visibility, from EPA’s consideration.
Keeping Section 10—Protection of Visibility in the
SIP allows the Commonwealth to maintain
visibility provisions for the Jefferson County area in
accordance with 40 CFR 51.307(b)(2). The request
to add Section 10—Offset Ratio remains before EPA
for consideration. The withdrawal would leave two
sections numbered ‘‘10’’ in Rule 2.04: one locally
effective on March 13, 1993, and the other locally
effective on March 16, 2022. The District intends to
address the duplicate numbering in a future
submission.
8 62 FR 27968 (May 22, 1997).
E:\FR\FM\07MRR1.SGM
07MRR1
16462
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules and Regulations
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.’’
Jefferson County evaluated EJ
considerations as part of its SIP
submittal even though the CAA and
applicable implementing regulations
neither prohibit nor require an
evaluation. The analysis was done for
the purpose of providing additional
context and information about this
proposed rulemaking to the public, not
as a basis of the proposed action. EPA
is taking action under the CAA on bases
independent of Jefferson County’s
evaluation of EJ. In addition, there is no
information in the record upon which
this decision is based that is
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
Court of Appeals for the appropriate
circuit by May 6, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 1, 2024.
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. In § 52.920(c), in table 2 under the
center heading ‘‘Reg 2—Permit
Requirements,’’ revise the entry for 2.04
to read as follows:
■
§ 52.920
*
*
Identification of plan.
*
*
*
(c) * * *
TABLE 2 TO PARAGRAPH (c)—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
khammond on DSKJM1Z7X2PROD with RULES
Reg
Title/subject
EPA
approval
date
District
effective
date
Federal Register
notice
Explanation
Reg 2—Permit Requirements
VerDate Sep<11>2014
15:19 Mar 06, 2024
Jkt 262001
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
E:\FR\FM\07MRR1.SGM
07MRR1
16463
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules and Regulations
TABLE 2 TO PARAGRAPH (c)—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY—Continued
Reg
*
2.04 .............
*
Construction or Modification of
Major Sources in or Impacting upon Non-Attainment
Areas (Emission Offset Requirements).
*
*
*
*
*
EPA
approval
date
Title/subject
*
*
*
*
[FR Doc. 2024–04782 Filed 3–6–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–OLEM–2023–0041, 0384, 0385,
0386 and 0387; FRL–11725–02–OLEM]
National Priorities List
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
(‘‘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 (‘‘the
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 adds five sites to
the General Superfund section of the
NPL.
DATES: The rule is effective on April 8,
2024.
ADDRESSES: Contact information for the
EPA Headquarters:
• Docket Coordinator, Headquarters;
U.S. Environmental Protection Agency;
CERCLA Docket Office; 1301
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:19 Mar 06, 2024
Jkt 262001
3/7/2024
Federal Register
notice
*
[Insert citation of
publication].
*
District
effective
date
*
3/16/2022
Frm 00019
Fmt 4700
*
*
Except for the ethanol production facilities
exclusion in Sections 1.4.3.20 and 5.20.
Additionally, EPA is retaining Sections
2.2.20 and 10 from Version 7 of Regulation 2.04, locally effective on March
17, 1993.
*
Constitution Avenue NW; William
Jefferson Clinton Building West, Room
3334, Washington, DC 20004, (202) 566–
0276.
FOR FURTHER INFORMATION CONTACT:
Terry Jeng, Site Assessment and
Remedy Decisions Branch, Assessment
and Remediation Division, Office of
Superfund Remediation and Technology
Innovation (Mail code 5204T), U.S.
Environmental Protection Agency; 1301
Constitution Avenue NW, Washington,
DC 20460, telephone number: (202)
566–1048, email address: jeng.terry@
epa.gov.
The contact information for the
regional dockets is as follows:
• Holly Inglis, Region 1 (CT, ME, MA,
NH, RI, VT), U.S. EPA, Superfund
Records and Information Center, 5 Post
Office Square, Suite 100, Boston, MA
02109–3912; (617) 918–1413.
• James Desir, Region 2 (NJ, NY, PR,
VI), U.S. EPA, 290 Broadway, New
York, NY 10007–1866; (212) 637–4342.
• Lorie Baker, Region 3 (DE, DC, MD,
PA, VA, WV), U.S. EPA, 4 Penn Center,
1600 John F. Kennedy Boulevard, Mail
code 3SD12, Philadelphia, PA 19103
(215) 814–3355.
• Sandra Bramble, Region 4 (AL, FL,
GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mail code 9T25,
Atlanta, GA 30303; (404) 562–8926.
• Todd Quesada, Region 5 (IL, IN, MI,
MN, OH, WI), U.S. EPA Superfund
Division Librarian/SFD Records
Manager SRC–7J, Metcalfe Federal
Building, 77 West Jackson Boulevard,
Chicago, IL 60604; (312) 886–4465.
• Michelle Delgado-Brown, Region 6
(AR, LA, NM, OK, TX), U.S. EPA, 1201
Elm Street, Suite 500, Mail code SED,
Dallas, TX 75270; (214) 665–3154.
• Kumud Pyakuryal, Region 7 (IA,
KS, MO, NE), U.S. EPA, 11201 Renner
Blvd., Mail code SUPRSTAR, Lenexa,
KS 66219; (913) 551–7956.
• David Fronczak, Region 8 (CO, MT,
ND, SD, UT, WY), U.S. EPA, 1595
Wynkoop Street, Mail code 8SEM–EM–
PO 00000
Explanation
Sfmt 4700
*
*
P, Denver, CO 80202–1129; (303) 312–
6096.
• Leslie Ramirez, Region 9 (AZ, CA,
HI, NV, AS, GU, MP), U.S. EPA, 75
Hawthorne Street, Mail code SFD–6–1,
San Francisco, CA 94105; (415) 972–
3978.
• Brandon Perkins, Region 10 (AK,
ID, OR, WA), U.S. EPA, 1200 Sixth
Avenue, Mail code 13–J07, Seattle, WA
98101; (206) 553–6396.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. What are CERCLA and SARA?
B. What is the NCP?
C. What is the National Priorities List
(NPL)?
D. How are sites listed on the NPL?
E. What happens to sites on the NPL?
F. Does the NPL define the boundaries of
sites?
G. How are sites removed from the NPL?
H. May the EPA delete portions of sites
from the NPL as they are cleaned up?
I. What is the Construction Completion List
(CCL)?
J. What is the Sitewide Ready for
Anticipated Use measure?
K. What is state/tribal correspondence
concerning NPL Listing?
II. Availability of Information to the Public
A. May I review the documents relevant to
this final rule?
B. What documents are available for review
at the EPA Headquarters docket?
C. What documents are available for review
at the EPA regional dockets?
D. How do I access the documents?
E. How may I obtain a current list of NPL
sites?
III. Contents of This Final Rule
A. Additions to the NPL
B. What did the EPA do with the public
comments it received?
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
E:\FR\FM\07MRR1.SGM
07MRR1
Agencies
[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Rules and Regulations]
[Pages 16460-16463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04782]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0691; FRL-11644-02-R4]
Air Plan Approval; KY; 2015 8-Hour Ozone Nonattainment New Source
Review Permit Program Requirements and Rule Revision for Jefferson
County
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
13, 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). EPA is approving changes to
the District's rules on the construction or modification of major
stationary sources that are located within nonattainment areas or that
have emissions impacting nonattainment areas. EPA also is approving the
certification submitted by Kentucky on behalf of the District that the
new version of the Nonattainment New Source Review (NNSR) permitting
regulations for incorporation into the Jefferson County portion of the
Kentucky SIP meets the NNSR nonattainment planning requirements for the
2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). The
certification covers the Jefferson County portion of the Louisville,
Kentucky-Indiana multi-state nonattainment area for the 2015 8-hour
ozone NAAQS. This action is pursuant to the Clean Air Act (CAA or Act)
and its implementing regulations.
DATES: This rule is effective April 8, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0691. 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.
[[Page 16461]]
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 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: Sarah LaRocca, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, GA 30303-
8960. The telephone number is (404) 562-8994. Ms. LaRocca can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The New Source Review (NSR) program is a preconstruction permitting
program that requires certain stationary sources of air pollution to
obtain permits prior to beginning construction. The NSR permitting
program applies to new construction and to the modification of existing
sources located in an area where the NAAQS have been exceeded
(nonattainment area), areas where the NAAQS have not been exceeded
(attainment), and areas that are unclassified.
Jefferson County is located within a nonattainment area for the
2015 8-hour ozone NAAQS. See 40 CFR 81.318; see also EPA's
Greenbook.\1\ Therefore, Jefferson County is required to have NNSR
rules approved into the Jefferson County portion of the Kentucky SIP
for this criteria pollutant addressing the requirements of CAA section
172(c)(5), CAA section 173, 40 CFR 51.165, and 40 CFR 51.1314.
---------------------------------------------------------------------------
\1\ The Kentucky portion of the Greenbook is available at
https://www3.epa.gov/airquality/greenbook/anayo_ky.html.
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM) published on January
19, 2024 (89 FR 3613), EPA proposed to approve changes to the
District's Regulation 2.04, Construction or Modification of Major
Sources In or Impacting Upon Non-Attainment Areas (Emission Offset
Requirements), which establishes requirements for Jefferson County's
NNSR program, along with a certification that this updated version of
Regulation 2.04 satisfies the requirements of the CAA for the 2015 8-
hour ozone NAAQS applicable to the Jefferson County portion of the
Louisville, KY-IN 2015 ozone moderate nonattainment area.\2\ In this
rulemaking, EPA is finalizing its approval of the District's June 13,
2022,3 4 request to incorporate Version 8 \5\ of Regulation
2.04 and certification, for incorporation into the SIP, as meeting the
NNSR requirements for implementation of the 2015 8-hour ozone NAAQS.
EPA's rationale for approving the changes is described in the January
19, 2024, NPRM. Comments on the January 19, 2024, NPRM were due on or
before February 20, 2024. No comments were received on the January 19,
2024, NPRM, adverse or otherwise.
---------------------------------------------------------------------------
\2\ On July 13, 2021, Kentucky, on behalf of Jefferson County,
submitted a certification that the current SIP-approved version of
Regulation 2.04 fulfills requirements of the NNSR program. Jefferson
County withdrew that submission on June 13, 2022, and replaced it
with a SIP revision containing changes to District Regulation 2.04
and an updated certification that the modified version of Regulation
2.04 complies with NNSR requirements for the 8-hour ozone NAAQS as
addressed in this rulemaking.
\3\ The June 13, 2022, submission was received via a letter
dated June 15, 2022.
\4\ As discussed in the January 19, 2024, NPRM, the June 13,
2022, submission contains changes to address the federal NNSR
provisions promulgated in the Ethanol Rule. EPA is not acting on
those changes in this rulemaking.
\5\ EPA is retaining Sections 2.2.20 and 10 from Version 7 of
Regulation 2.04.
---------------------------------------------------------------------------
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Jefferson County Regulation 2.04,
Version 8, ``Construction or Modification of Major Sources in or
Impacting upon Non-Attainment Areas (Emission Offset Requirements),''
locally effective on March 16, 2022, except for the ethanol production
facilities exclusion in Sections 1.4.3.20 and 5.20. Additionally, EPA
is retaining Sections 2.2.20 and 10 from Version 7 of Regulation 2.04,
locally effective on March 17, 1993.\6\ \7\ 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\
---------------------------------------------------------------------------
\6\ In a letter dated August 24, 2023, the District withdrew its
request to remove Section 2.2.20 of Regulation 2.04 from the SIP,
which defines ``Class I area,'' from EPA's consideration. In a
subsequent email dated November 14, 2023, the District clarified
that the withdrawal of the June 13, 2022, request to remove from the
SIP Regulation 2.04 version 7 Section 2.2.20, includes all
subparagraphs within the definition (i.e., 2.2.20.1 through
2.2.20.7). See the August 24, 2023, letter, and the November 14,
2023, clarifying correspondence in the docket for this rulemaking.
\7\ In a letter dated August 24, 2023, the District withdrew its
request to remove Section 10--Protection of Visibility, from EPA's
consideration. Keeping Section 10--Protection of Visibility in the
SIP allows the Commonwealth to maintain visibility provisions for
the Jefferson County area in accordance with 40 CFR 51.307(b)(2).
The request to add Section 10--Offset Ratio remains before EPA for
consideration. The withdrawal would leave two sections numbered
``10'' in Rule 2.04: one locally effective on March 13, 1993, and
the other locally effective on March 16, 2022. The District intends
to address the duplicate numbering in a future submission.
\8\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is approving changes to the Jefferson County portion of the
Kentucky SIP, submitted on June 13, 2022, with the exception of the
ethanol production facilities exclusion in Sections 1.4.3.20 and 5.20,
which EPA is not acting on at this time. These revisions will align
Jefferson County Regulation 2.04, with federal NNSR regulations at 40
CFR 51.165. Additionally, EPA is approving Jefferson County's
certification of NNSR requirements for the 2015 8-hour ozone NAAQS for
the Jefferson County portion of the Louisville, KY-IN 2015 ozone
moderate nonattainment area which meets the requirements of CAA
sections 172(c)(5) and 173 and 40 CFR 51.165 and 51.1314. EPA has
determined that the requested changes in Kentucky's June 13, 2022, SIP
revision will not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of 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 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,
[[Page 16462]]
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.''
Jefferson County evaluated EJ considerations as part of its SIP
submittal even though the CAA and applicable implementing regulations
neither prohibit nor require an evaluation. The analysis was done for
the purpose of providing additional context and information about this
proposed rulemaking to the public, not as a basis of the proposed
action. EPA is taking action under the CAA on bases independent of
Jefferson County's evaluation of EJ. In addition, there is no
information in the record upon which this decision is based that is
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 Court of Appeals for
the appropriate circuit by May 6, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 1, 2024.
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(c), in table 2 under the center heading ``Reg 2--
Permit Requirements,'' revise the entry for 2.04 to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 2 to Paragraph (c)--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
EPA District
Reg Title/subject approval Federal Register effective Explanation
date notice date
----------------------------------------------------------------------------------------------------------------
Reg 2--Permit Requirements
----------------------------------------------------------------------------------------------------------------
[[Page 16463]]
* * * * * * *
2.04.............. Construction or 3/7/2024 [Insert citation of 3/16/2022 Except for the ethanol
Modification of publication]. production facilities
Major Sources in exclusion in Sections
or Impacting upon 1.4.3.20 and 5.20.
Non-Attainment Additionally, EPA is
Areas (Emission retaining Sections
Offset 2.2.20 and 10 from
Requirements). Version 7 of Regulation
2.04, locally effective
on March 17, 1993.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-04782 Filed 3-6-24; 8:45 am]
BILLING CODE 6560-50-P