Air Plan Approval; KY; Revisions to Jefferson County Definitions, 41319-41321 [2024-09730]
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Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Rules and Regulations
(1) Record of time and resources
expended in outreach activities and the
methods used;
(2) The number of participants served,
including demographics of this
population;
(3) Types of assistance provided;
(4) A full accounting of VSTAGP grant
funds received from VA and used or
unused funds during the quarter; and
(5) Results of routine monitoring and
any project variations.
(b) Final report. Per 2 CFR 200.344, all
grantees must submit to VA, not later
than 120 days after the last day of the
grant period (as defined in the NOFO)
for which a grant is awarded under this
part, a final report that meets the
requirement set forth in the NOFO. The
last quarterly performance and financial
report received will be recorded as the
final report. The financial report shall
be noted as ‘‘Final’’ on the SF–425
Federal Financial Report.
(c) Additional reports. VA may
request additional reports to allow VA
to assess project accountability and
effectiveness. In addition, recipients are
required to participate in a VA-led
evaluation if selected, which may be
carried out by a third-party on behalf of
VA.
(Authority: Pub. L. 116–315, sec. 4304; 2 CFR
200.203)
(Approved by the Office of Management and
Budget under control number 2900–0928
(Quarterly Performance Reports), 4040–0014,
and 2900–0929 (Additional Reports).)
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§ 80.13
funds.
Termination of grant; recovery of
(a) Termination of grant. VA may
terminate a grant agreement with any
VSTAGP grantee that does not comply
with the terms of the VSTAGP
agreement.
(b) Recovery of funds. VA may recover
from the grantee any funds paid if the
grantee violates the grant agreement or
may recover any funds that have not
been used in accordance with a
VSTAGP grant agreement. If VA decides
to recover funds, VA will issue the
grantee a notice of intent to recover
VSTAGP grant funds. The grantee will
then have 30 days from the date of the
notice to submit documentation
demonstrating why the VSTAGP grant
funds should not be recovered. If the
VSTAGP grantee does not respond or if
the grantee responds, but VA
determines the documentation is
insufficient to establish compliance, VA
will make a final determination to
recover the VSTAGP grant funds. If VA
determines that the grantee did not
violate the grant agreement, VA will
make a final determination not to
recover the grant funds.
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41319
(c) Prohibition of further payment of
grant funds. When VA determines that
action will be taken to recover grant
funds from a grantee, the grantee will be
prohibited from receiving any further
VSTAGP grant funds under this part
until the grant funds are recovered and
the condition that led to the recovery of
the grant funds is resolved, unless the
grant agreement has been terminated. If
the grant agreement has been
terminated, no future payments would
be issued upon recovery.
ENVIRONMENTAL PROTECTION
AGENCY
(Authority: Pub. L. 116–315, sec. 4304; 2 CFR
200.203)
SUMMARY:
§ 80.14
Compliance review requirements.
(a) Site visits. VA will conduct, as
needed, site visits to grantee locations to
review grantee accomplishments and
management control systems.
(b) Inspections. VA will conduct, as
needed, inspections of grantee records
to determine compliance with the
provisions of this part. All visits and
evaluations will be performed with
minimal disruption to the grantee to the
extent practicable.
(Authority: Pub. L. 116–315, sec. 4304; 2 CFR
200.203)
§ 80.15
Financial management.
(a) Compliance. All recipients will
comply with applicable requirements of
the Single Audit Act Amendments of
1996, as implemented by 2 CFR part
200.
(b) Financial Management. All
grantees must use a financial
management system that complies with
2 CFR part 200. Grantees must meet the
applicable requirements of the Office of
Management and Budget’s regulations
on Cost Principles at 2 CFR 200.400
through 200.475.
(Authority: Pub. L. 116–315, sec. 4304; 2 CFR
200.400 through 200.475)
§ 80.16
Recordkeeping.
Grantees must ensure that records are
maintained in accordance with 2 CFR
200.337. Grantees must produce such
records at VA’s request.
(Authority: Pub. L. 116–315, sec. 4304; 2 CFR
200.337)
(Approved by the Office of Management and
Budget under control number 2900–0930
(Recordkeeping).)
§ 80.17 Non-appealability of grant award
decisions.
Grant award decisions are
discretionary and are not subject to
appeal to any VA official or board.
[FR Doc. 2024–09862 Filed 5–10–24; 8:45 am]
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40 CFR Part 52
[EPA–R04–OAR–2023–0338; FRL–11798–
02–R4]
Air Plan Approval; KY; Revisions to
Jefferson County Definitions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes 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 May 31, 2023. 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
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.
This action is pursuant to the Clean Air
Act (CAA or Act) and its implementing
regulations.
DATES: This rule is effective June 12,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2023–0338. 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
you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
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Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Simone Jarvis, 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) 562–8393. Ms. Jarvis can also be
reached via electronic mail at
Jarvis.Simone@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 31, 2023, the Commonwealth
of Kentucky submitted changes to the
Jefferson County portion of the
Kentucky SIP for EPA approval.1 2 In
this rulemaking, EPA is approving
changes to Regulation 1.02, Definitions.
Through a notice of proposed
rulemaking (NPRM) published on
March 7, 2024 (89 FR 16496), EPA
proposed to approve changes to the
District’s Regulation 1.02, Definitions,
which included a list of ‘‘trivial
activities’’ in a new appendix, updated
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 made minor
grammatical changes. In this
rulemaking, EPA is finalizing its
approval of the District’s May 31, 2023,
request to incorporate Version 16 of
Regulation 1.02 into the SIP, replacing
Version 15. EPA is not approving the
change to the definition of ‘‘Acute
noncancer effect’’ because that
definition is not approved into the SIP,
and EPA is not incorporating that
definition into the SIP from Version 16.
EPA’s rationale for approving the
changes is described in the March 7,
2024, NPRM. Comments on the March
7, 2024, NPRM were due on or before
April 8, 2024. EPA received one set of
comments, which is discussed in the
next section of this rulemaking notice.
II. Response To Comment
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EPA received one set of comments on
the March 7, 2024, NPRM. This set of
comments, submitted by a member of
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.
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the general public, consists of several
statements associated with website
hyperlinks. It is unclear how these
comments are relevant to the proposal,
how the hyperlinked materials support
the comments, and how, or whether, the
commenter would like EPA to change
the proposal. Furthermore, as noted in
the March 7, 2024, NPRM, EPA
generally will not consider comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file-sharing system) such as the
hyperlinked materials. For these
reasons, the comments require no
further response, and we are finalizing
the action as proposed.
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 this
preamble, EPA is finalizing the
incorporation by reference of Jefferson
County Regulation 1.02, Version 16,
Definitions, locally effective on March
15, 2023, except for the definition of
‘‘Acute noncancer effect.’’ 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.3
IV. Final Action
EPA is approving the aforementioned
changes to Regulation 1.02, Definitions,
submitted on May 31, 2023, except for
the change to the definition of ‘‘Acute
noncancer effect,’’ because that
definition is not approved into the SIP.
EPA has determined that the requested
changes in Kentucky’s May 31, 2023,
SIP revision will not interfere with any
applicable requirement concerning
attainment, or any other applicable
requirement of 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
3 See
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Frm 00022
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CAA 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
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Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Rules and Regulations
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 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
Court of Appeals for the appropriate
circuit by July 12, 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
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 30, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, 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 1—General
Provisions’’ revise the entry for 1.02 to
read as follows:
■
§ 52.920
Environmental protection, Air
pollution control, Carbon monoxide,
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2 TO PARAGRAPH (C)—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA
approval
date
Title/subject
District
effective
date
Federal Register notice
Explanation
Reg 1—General Provisions
*
1.02 ..............
*
Definitions ...
*
*
*
*
*
[Insert first page of Federal Register
citation].
May 13,
2024.
*
*
*
*
*
[FR Doc. 2024–09730 Filed 5–10–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0458; FRL–11759–
02–R4]
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Air Plan Approval; Tennessee;
Revisions to the Continuous Opacity
Monitoring System Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
SUMMARY:
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*
*
3/15/2023
*
Implementation Plan (SIP) revision
submitted by the State of Tennessee
through the Department of Environment
and Conservation (TDEC), Division of
Air Pollution Control, via a letter dated
September 28, 2022. Specifically, EPA is
finalizing the approval of a SIP revision
which modifies the State’s required
monitoring standards by adding
exemptions to opacity monitoring
requirements. EPA is approving this
revision pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective June 12,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2023–0458. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
PO 00000
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*
*
Except for the definition of ‘‘Acute noncancer effect.’’
Sfmt 4700
*
*
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 Multi-Air Pollutant Coordination
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
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]]>Agencies
[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Rules and Regulations]
[Pages 41319-41321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09730]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0338; FRL-11798-02-R4]
Air Plan Approval; KY; Revisions to Jefferson County Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving changes
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 May 31, 2023. 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
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. This action is pursuant to the Clean Air Act (CAA
or Act) and its implementing regulations.
DATES: This rule is effective June 12, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0338. 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 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.
[[Page 41320]]
FOR FURTHER INFORMATION CONTACT: Simone Jarvis, 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) 562-8393. Ms. Jarvis can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 31, 2023, the Commonwealth of Kentucky submitted changes to
the Jefferson County portion of the Kentucky SIP for EPA
approval.1 2 In this rulemaking, EPA is approving changes to
Regulation 1.02, Definitions.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM) published on March
7, 2024 (89 FR 16496), EPA proposed to approve changes to the
District's Regulation 1.02, Definitions, which included a list of
``trivial activities'' in a new appendix, updated 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 made minor grammatical changes. In this
rulemaking, EPA is finalizing its approval of the District's May 31,
2023, request to incorporate Version 16 of Regulation 1.02 into the
SIP, replacing Version 15. EPA is not approving the change to the
definition of ``Acute noncancer effect'' because that definition is not
approved into the SIP, and EPA is not incorporating that definition
into the SIP from Version 16. EPA's rationale for approving the changes
is described in the March 7, 2024, NPRM. Comments on the March 7, 2024,
NPRM were due on or before April 8, 2024. EPA received one set of
comments, which is discussed in the next section of this rulemaking
notice.
II. Response To Comment
EPA received one set of comments on the March 7, 2024, NPRM. This
set of comments, submitted by a member of the general public, consists
of several statements associated with website hyperlinks. It is unclear
how these comments are relevant to the proposal, how the hyperlinked
materials support the comments, and how, or whether, the commenter
would like EPA to change the proposal. Furthermore, as noted in the
March 7, 2024, NPRM, EPA generally will not consider comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file-sharing system) such as the hyperlinked materials. For these
reasons, the comments require no further response, and we are
finalizing the action as proposed.
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 this preamble, EPA is finalizing
the incorporation by reference of Jefferson County Regulation 1.02,
Version 16, Definitions, locally effective on March 15, 2023, except
for the definition of ``Acute noncancer effect.'' 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.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is approving the aforementioned changes to Regulation 1.02,
Definitions, submitted on May 31, 2023, except for the change to the
definition of ``Acute noncancer effect,'' because that definition is
not approved into the SIP. EPA has determined that the requested
changes in Kentucky's May 31, 2023, SIP revision will not interfere
with any applicable requirement concerning attainment, or any other
applicable requirement of 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 CAA 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
[[Page 41321]]
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 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 Court of Appeals for
the appropriate circuit by July 12, 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 30, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, 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 1--
General Provisions'' revise the entry for 1.02 to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 2 to Paragraph (c)--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
District
Reg Title/subject EPA approval Federal Register effective Explanation
date notice date
----------------------------------------------------------------------------------------------------------------
Reg 1--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1.02............... Definitions....... May 13, 2024..... [Insert first 3/15/2023 Except for the
page of Federal definition of
Register ``Acute
citation]. noncancer
effect.''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-09730 Filed 5-10-24; 8:45 am]
BILLING CODE 6560-50-P
