[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14268-14270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07020]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0018; FRL-9991-95-Region 4]


Air Plan Approval; Kentucky: Jefferson County Prevention of 
Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve two revisions to the Jefferson County portion of the 
Kentucky State Implementation Plan (SIP), submitted by the Commonwealth 
of Kentucky, through the Energy and Environment Cabinet (Cabinet), with 
letters dated August 25, 2017 and March 15, 2018. The SIP revisions 
were submitted by the Cabinet on behalf of the Louisville Metro Air 
Pollution Control District (District) and make amendments to Jefferson 
County's regulation regarding the prevention of significant 
deterioration (PSD) permitting program. This action is being taken 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective May 10, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2018-0018. All documents in the docket are listed on 
the www.regulations.gov website. 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 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: Andres Febres, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. 
The telephone number is (404) 562-8966. Mr. Febres can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is taking final action to approve changes to the Jefferson 
County portion of the Kentucky SIP that were provided to EPA through 
two letters dated August 25, 2017 and March 15, 2018.\1\ EPA is 
finalizing approval of portions of these SIP revisions that make 
changes to the District's Regulation 2.05--Prevention of Significant 
Deterioration of Air Quality, which applies to the construction and 
modification of any major stationary source in areas designated as 
attainment or unclassifiable as required by part C of title I of the 
CAA. These revisions are intended to make the Jefferson County PSD 
permitting regulation consistent with the federal requirements, as 
promulgated by EPA.\2\ The August 25,

[[Page 14269]]

2017, SIP revision updates the incorporation by reference (IBR) date 
found at Regulation 2.05 from July 1, 2010 to July 15, 2016, for the 
federal PSD permitting regulations at 40 CFR 52.21. Subsequently, the 
March 15, 2018, SIP revision updates the IBR date at Jefferson County's 
Regulation 2.05 to July 15, 2017. By updating the IBR date for 40 CFR 
52.21, Jefferson County is making the following changes to their PSD 
regulations: (1) Adopting ``increments'' for the PM2.5 
National Ambient Air Quality Standard (NAAQS); (2) adopting updated 
greenhouse gases provisions; (3) incorporating grandfathering 
provisions for the 2012 primary annual PM2.5 NAAQS and the 
2015 8-hour ozone NAAQS, as well as adopting the repeal of 
grandfathering provisions for the previous PM2.5 NAAQS; and 
(4) incorporating a correction to the definition of ``regulated NSR 
pollutant'' for PSD.
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    \1\ EPA notes that the Agency received the SIP revisions on 
August 29, 2017 and March 23, 2018.
    \2\ EPA's regulations governing the implementation of New Source 
Review (NSR) permitting programs are contained in 40 CFR 51.160-
51.166; 52.21, 52.24; and part 51, Appendix S. The CAA NSR program 
is composed of three separate programs: PSD, nonattainment NSR 
(NNSR), and Minor NSR. The PSD program is established in part C of 
title I of the CAA and applies in areas that meet the National 
Ambient Air Quality Standards (NAAQS)--``attainment areas''--as well 
as areas where there is insufficient information to determine if the 
area meets the NAAQS--``unclassifiable areas.'' The NNSR program is 
established in part D of title I of the CAA and applies in areas 
that are not in attainment of the NAAQS--``nonattainment areas.'' 
The Minor NSR program addresses construction or modification 
activities that do not qualify as ``major'' and applies regardless 
of the designation of the area in which a source is located. 
Together, these programs are referred to as the NSR programs.
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    In a notice of proposed rulemaking (NPRM) published on February 1, 
2019, (84 FR 1016), EPA proposed to approve the aforementioned changes 
to Jefferson County's Regulation 2.05, which addressed the federal PSD 
permitting requirement through the IBR date for 40 CFR 52.21.\3\ 
Comments on the NPRM were due on or before March 4, 2019. EPA received 
no adverse comments on the proposed action, therefore EPA is now taking 
final action to approve the above-referenced revision.
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    \3\ EPA has not approved, and is not currently approving into 
the Jefferson County portion of the Kentucky SIP, the provisions of 
the Ethanol Rule (May 1, 2007, 72 FR 24060), that seek to exclude 
facilities that produce ethanol through a natural fermentation 
process, from the definition of ``chemical process plants'' in the 
major NSR source permitting program found at 40 CFR 
52.21(b)(1)(i)(a) and (b)(1)(iii)(t). Additionally, EPA notes that 
the PSD provisions found at 40 CFR 52.21(b)(2)(v) and 
(b)(3)(iii)(c), regarding the Fugitive Emissions Rule (December 19, 
2008; 73 FR 77882), were initially stayed for an 18-month period on 
March 31, 2010, and subsequently stayed indefinitely by the Fugitive 
Emissions Interim Rule, on March 30, 2011 (76 FR 17548). These 
fugitive emissions provisions are automatically stayed in the 
Jefferson County portion of the Kentucky SIP, under the SIP-approved 
``automatic rescission clause'' at Regulation 2.05, which provides 
that in the event that EPA or a federal court stays, vacates, or 
withdraws any section or subsection of 40 CFR 52.21, that section or 
subsection shall automatically be deemed stayed, vacated or 
withdrawn.
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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, EPA is finalizing the incorporation by reference of Jefferson 
County's Regulation 2.05, Prevention of Significant Deterioration of 
Air Quality, version 13, which is intended to make the Jefferson County 
PSD permitting regulations consistent with the federal requirements and 
became state effective January 17, 2018. 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 changes to the Jefferson County portion of the 
Kentucky SIP that were provided to EPA through two SIP revisions dated 
August 25, 2017 and March 15, 2018, to update the IBR date for the 
federal requirements of the PSD program found at 40 CFR 52.21. Through 
these SIP revisions, the IBR date at Jefferson County's Regulation 
2.05--Prevention of Significant Deterioration of Air Quality, is 
updated to July 15, 2017. EPA is approving these SIP revisions because 
the Agency has determined that they are consistent with the CAA and 
would not interfere with attainment or maintenance of any NAAQS, 
reasonable further progress, or any other applicable requirement.

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 14270]]

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 June 10, 2019. 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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: March 29, 2019.
Mary S. Walker,
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. In Sec.  52.920, table 2 in paragraph (c) is amended under ``Reg 2--
Permit Requirements'' by revising the entry for ``2.05'' to read as 
follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *
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                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                           EPA approval       Federal          District
        Reg             Title/subject          date       Register notice   effective date       Explanation
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                                                  * * * * * * *
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                                           Reg 2--Permit Requirements
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                                                  * * * * * * *
2.05...............  Permits...........       4/10/2019   [Insert Federal        01/17/18   This approval does
                                                           Register                          not include
                                                           citation].                        Jefferson County's
                                                                                             revisions to
                                                                                             incorporate by
                                                                                             reference the
                                                                                             Ethanol Rule (May
                                                                                             1, 2007), of the
                                                                                             Fugitives Emissions
                                                                                             Rule (December 19,
                                                                                             2008).
 
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[FR Doc. 2019-07020 Filed 4-9-19; 8:45 am]
 BILLING CODE 6560-50-P