
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41335-41337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0022; FRL-9967-05-Region 4]


Air Plan Approval; Kentucky; Louisville Miscellaneous Rule 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On August 29, 2012, the Commonwealth of Kentucky, through the 
Kentucky Division for Air Quality (KDAQ), submitted changes to the 
Kentucky State Implementation Plan (SIP) on behalf of the Louisville 
Metro Air Pollution Control District (District or Jefferson County). 
The Environmental Protection Agency (EPA) is approving several changes 
that modify the District's air quality regulations as incorporated into 
the SIP. The changes to the regulatory portion of the SIP that EPA is 
approving pertain to definitional changes, administrative amendments, 
open burning, standards of performance, and volatile organic compounds 
(VOCs). EPA is approving these changes because the Commonwealth and 
Jefferson County have demonstrated that these changes are consistent 
with the Clean Air Act (CAA or Act).

DATES: This rule is effective October 2, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0022. All documents in the docket 
are listed on the https://www.regulations.gov Web site. Although listed 
in the index, some information is not 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 https://www.regulations.gov or 
in hard copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be 
reached via electronic mail at lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 29, 2012, KDAQ submitted a SIP revision to EPA for 
approval that

[[Page 41336]]

involves changes to Jefferson County regulations related to acronym 
additions, administrative amendments, open burning, standards of 
performance, and VOCs. EPA is approving the changes to Jefferson County 
Regulation 1.03--Abbreviations and Acronyms; Regulation 1.08--
Administrative Procedures; Regulation 1.11--Control of Open Burning; 
Regulation 1.19--Administrative Hearings; Regulation 6.18--Standards of 
Performance for Solvent Metal Cleaning Equipment; Regulation 6.43--
Volatile Organic Compound Emission Reduction Requirements; and repeal 
Regulation 7.18--Standards of Performance for New Solvent Metal 
Cleaning Equipment.
    This action will update Kentucky's acronyms and make changes to 
other regulations approved into the SIP. The changes made to the 
regulations other than definitions are administrative in nature, 
including updating internal references. In a proposed rulemaking 
published on July 10, 2017 (82 FR 31736), EPA proposed to approve 
Kentucky's August 29, 2012, SIP revision. The details of Kentucky's 
August 29, 2012, SIP revision and the rationale for EPA's action are 
explained in the proposed rulemaking. Comments on the proposed 
rulemaking were due on or before August 9, 2017. EPA did not receive 
any comments on the proposed action.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporate by reference Jefferson County 
Regulation 1.03--Abbreviations and Acronyms, which had a state 
effective date of January 16, 2008; Regulation 1.08--Administrative 
Procedures, in which version 13 had an effective date of March 21, 
2010; Regulation 1.11--Control of Open Burning; Regulation, in which 
version 10 has an effective date of January 16, 2008; 1.19--
Administrative Hearings, which has an effective date of January 16, 
2008; Regulation 6.18--Standards of Performance for Solvent Metal 
Cleaning Equipment, which has an effective date of May 9, 2003; and 
Regulations 6.43--Volatile Organic Compound Emissions Reduction 
Requirements, in which version 5 has an effective date of February 15, 
2006. EPA has made, and will continue to make, these materials 
generally available through https://www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by EPA for inclusion 
in the SIP, have been incorporated by reference by EPA into that plan, 
are fully federally-enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of EPA's approval, and 
will be incorporated by reference by the Director of the Federal 
Register in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving Kentucky's August 29, 2012, SIP revision, 
submitted on behalf of the District, because it is consistent with the 
CAA. EPA believes that all of these changes are consistent with section 
110 of the CAA and meet the regulatory requirements pertaining to SIPs, 
including CAA section 110(l), since these changes, with the exception 
to definition changes, are administrative in nature and 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 Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA), petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 30, 2017. 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

[[Page 41337]]

enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Sulfur 
Dioxide, Reporting, Volatile organic compounds and recordkeeping 
requirements.

    Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended 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. Section 52.920(c) is amended under Table 2 by:
0
a. Revising the entries for ``1.03'', ``1.08'', ``1.11'', ``1.19'', 
``6.18'' and ``6.43''; and
0
b. Removing the entry for ``7.18''.
    The revised text reads as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                             EPA approval    Federal Register     District
          Reg              Title/subject         date             notice       effective date     Explanation
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                                            Reg 1--General Provisions
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                                                  * * * * * * *
1.03...................  Abbreviations and         8/31/17  [Insert Federal           1/16/08
                          Acronyms.                          Register
                                                             citation].
 
                                                  * * * * * * *
1.08...................  Administrative            8/31/17  [Insert Federal           3/21/10
                          Procedures.                        Register
                                                             citation].
 
                                                  * * * * * * *
1.11...................  Control of Open           8/31/17  [Insert Federal           1/16/08
                          Burning.                           Register
                                                             citation].
 
                                                  * * * * * * *
1.19...................  Administrative            8/31/17  [Insert Federal           1/16/08
                          Hearings.                          Register
                                                             citation].
 
                                                  * * * * * * *
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                        Reg 6--Standards of Performance for Existing Affected Facilities
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                                                  * * * * * * *
6.18...................  Standards of              8/31/17  [Insert Federal            5/9/03  .................
                          Performance for                    Register
                          Existing Solvent                   citation].
                          Metal Cleaning
                          Equipment.
 
                                                  * * * * * * *
6.43...................  Volatile Organic          8/31/17  [Insert Federal           2/15/06  .................
                          Compound                           Register
                          Reduction                          citation].
                          Requirements.
 
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[FR Doc. 2017-18421 Filed 8-30-17; 8:45 am]
 BILLING CODE 6560-50-P


