[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12831-12833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04012]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0727; FRL-10421-02-R4]


Air Plan Approval; Kentucky; Revision to Federally Enforceable 
District Origin Operating Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 
15, 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). The District's revision 
modifies the permit application timing requirements in the Federally 
Enforceable District Origin Operating Permits (FEDOOP) rule in the 
Jefferson County portion of the Kentucky SIP (Jefferson County Local 
Implementation Plan, or LIP). EPA is finalizing these changes pursuant 
to the Clean Air Act (CAA or Act).

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DATES: This rule is effective March 31, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0727. All documents in the docket 
are listed on the regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams-Miles, 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) 562-9144. Ms. Williams-Miles can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Overview

    On June 15, 2022, the Commonwealth of Kentucky submitted changes to 
the Jefferson County LIP for EPA approval.\1\ \2\ EPA is approving 
changes to Section 4--Permit Applications of the District's Regulation 
2.17--Federally Enforceable District Origin Operating Permits.\3\ Under 
Regulation 2.17, Section 1.1, a FEDOOP is an operating permit that 
contains a federally enforceable condition, limit, or provision that is 
issued to a stationary source that is not, or would not subsequently 
be, required to obtain a permit under Regulation 2.16--Title V 
Operating Permits.
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    \1\ EPA received this submission on June 13, 2022, in a letter 
dated June 15, 2022. Throughout this final rulemaking, this 
submission will be referred to as the June 15, 2022, submission.
    \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 regulations contained in the Jefferson County 
portion of the Kentucky SIP as the ``Jefferson County'' regulations.
    \3\ The June 15, 2022, submittal contains changes to other 
Kentucky SIP-approved rules that are not addressed in this notice. 
EPA will act on those rules in separate actions.
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    The changes in the June 15, 2022, submission add timing 
requirements for sources applying for FEDOOP permits that are similar 
to those in Regulation 2.16. Through a Notice of Proposed Rulemaking 
(NPRM) published on December 27, 2022 (87 FR 79261), EPA proposed to 
approve these changes as being consistent with the CAA. Additional 
details on Kentucky's June 15, 2022, revision and EPA's analysis of the 
changes can be found in the December 27, 2022, NPRM. Comments on the 
December 27, 2022, NPRM were due on or before January 26, 2023. EPA 
received one anonymous comment on the NPRM. That comment was unrelated 
to the specifics of the NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the 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 2.17--Federally Enforceable District Origin Operating 
Permits, version 5, with a local-effective date of March 16, 2022, 
which adds timing requirements to the permit application process. 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 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 in the next update to the SIP compilation.\4\
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    \4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned changes to Regulation 2.17--
Federally Enforceable District Origin Operating Permits, with a local-
effective date of March 16, 2022, into the Jefferson County LIP. EPA is 
approving these changes because they are consistent with 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. 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

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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 May 1, 2023. 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, Sulfur oxides, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 22, 2023.
Daniel Blackmon,
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, revise the entry for ``2.17'' to 
read as follows:


Sec.  52.920  Identification of plan.

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    (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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                                                                      * * * * * * *
2.17................................  Federally Enforceable          3/1/2023  [Insert citation of          3/16/2022
                                       District Origin                          publication].
                                       Operating Permits.
 
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[FR Doc. 2023-04012 Filed 2-28-23; 8:45 am]
BILLING CODE 6560-50-P


