[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Rules and Regulations]
[Pages 35828-35831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15762]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0758; FRL-9996-92-Region 4]


Air Plan Approval; Kentucky: Jefferson County Definitions and 
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 State 
Implementation Plan (SIP) revisions submitted under cover letters dated 
December 21, 2016, and August 25, 2017, by the Commonwealth of 
Kentucky, through the Energy and Environment Cabinet (Cabinet). The SIP 
revisions were submitted by the Cabinet on behalf of the Louisville 
Metro Air Pollution Control District (LMAPCD or District) and make 
amendments to Jefferson County's regulations regarding definitions and 
the federally enforceable district origin operating permit (FEDOOP) 
program. EPA is approving the revisions modifying these regulations 
because the Agency believes

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they are consistent with the Clean Air Act (CAA or Act).

DATES: This rule will be effective August 26, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0758. 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 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: D. Brad Akers, 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. Mr. Akers can be 
reached via telephone at 404-562-9089 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving changes to the Jefferson County portion of the 
Kentucky SIP that were provided to EPA through letters dated December 
21, 2016 and August 25, 2017.1 2 Both submittals make 
changes to Regulation 1.02,--``Definitions,'' to incorporate various 
new definitions and revise existing definitions. The August 25, 2017, 
submittal also makes changes to Regulation 2.17,--``Federally 
Enforceable District Origin Operating Permits [FEDOOP],'' to make 
clarifying and administrative edits to this portion of the minor source 
operating permit program. The changes addressed in this final 
rulemaking also correct typographical errors, make minor administrative 
and clarifying edits, and recodify sections of the existing rules.
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    \1\ EPA notes that the Agency received the SIP revision dated 
August 25, 2017 on August 29, 2017.
    \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, each of the regulations in the Jefferson County 
portion of the Kentucky SIP still has the subheading ``Air Pollution 
Control District of Jefferson County.'' Thus, to be consistent with 
the terminology used in the SIP, we refer throughout this notice to 
regulations contained in the Jefferson County portion of the 
Kentucky SIP as the ``Jefferson County'' regulations.
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    Specifically, the August 25, 2017, SIP revision includes several 
changes to Regulation 1.02,--``Definitions,'' as follows: (1) Adds a 
definition for ``administrative permit revision''; (2) adds a 
definition for ``emissions unit'' or ``facility''; (3) adds a 
definition for ``insignificant activity''; (4) adds a definition for 
``minor permit revision''; (5) adds a definition for ``minor source''; 
(6) adds a definition for ``regulated air pollutant''; (7) adds a 
definition for ``responsible official''; (8) adds a definition for 
``significant permit revision''; (9) adds a definition for ``trivial 
activities''; (10) adds a definition for ``twelve month rolling 
period'' or ``12-month rolling period''; and (11) makes other 
clarifying and administrative edits to definitions throughout the 
Section, including renumbering. The December 21, 2016, submittal \3\ 
makes further edits to Regulation 1.02 to incorporate changes to the 
definition of volatile organic compounds (VOC), consistent with Federal 
regulations, and to make other administrative edits to definitions 
throughout the Section.
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    \3\ The December 21, 2016, SIP revision includes version 14 of 
Regulation 1.02, but was submitted before version 13 was submitted. 
Regulation 1.02, version 13 was submitted on August 25, 2017. The 
December 21, 2016, submittal includes two separate redline/strikeout 
documents for Regulation 1.02. The first document, beginning on page 
13 of the PDF submittal, shows all changes made in versions 11, 12, 
13, and 14 of that rule. The second document, beginning on page 27 
of the pdf submittal, shows only those changes made in version 14. 
EPA previously approved versions 11 and 12. See 81 FR 87815 
(December 6, 2016); 82 FR 35101 (July 28, 2017). Accordingly, we are 
only approving changes included in versions 13 and 14 of Regulation 
1.02--as submitted on August 25, 2017, and December 21, 2016, 
respectively--in this action.
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    The August 25, 2017, SIP revision also modifies Regulation 2.17 to 
include provisions for Section 4,--``Permit Applications,'' to describe 
the required content of FEDOOP applications, including the treatment of 
``insignificant activities'' and ``trivial activities.'' The District's 
changes at Regulation 2.17, Section 4--as applicable to sources subject 
to FEDOOP requirements--are consistent with EPA's permit application 
requirements for title V sources. Furthermore, Regulation 2.17 is 
changed at Section 3 to clarify that a set 5-year term applies to 
FEDOOPs prior to a required renewal. There are no Federal term limit 
requirements applicable to these minor source operating permits, though 
EPA notes the 5-year time period is consistent with Federal title V 
requirements.
    See EPA's May 20, 2019, (84 FR 22771) proposed rule (NPRM) for 
further detail on these changes and EPA's rationale for approving them. 
EPA received no adverse comments on the NPRM. Therefore, in this 
action, EPA is approving these SIP revisions that make changes to 
Jefferson County's definitions and FEDOOP regulations because they are 
consistent with the CAA.

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 1.02,--``Definitions,'' version 14, State effective 
September 21, 2016,\4\ which makes various changes to applicable 
definitions, and Regulation 2.17,--``Federally Enforceable District 
Origin Operating Permits,'' version 4, effective May 15, 2013, which 
adds provisions describing permit application content for these types 
of permits. 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.\5\
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    \4\ The District approved version 13 of Regulation 1.02 on July 
2, 2013, and version 14 on September 21, 2016. The Commonwealth 
forwarded the regulations to EPA in the opposite order. Although the 
most recent submittal by the Commonwealth transmits version 13, EPA 
understands the Commonwealth's intent is to incorporate version 14 
of the regulation into the SIP (thereby incorporating changes in 
both versions 13 and 14). For that reason, EPA is incorporating by 
reference Regulation 1.02 as of version 14's State-effective date, 
September 21, 2016.
    \5\ See 62 FR 27968 (May 22, 1997).

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III. Final Action

    EPA is approving Kentucky's December 21, 2016, and August 25, 2017, 
SIP revisions. Specifically, EPA is approving these SIP revisions to 
Jefferson County's Regulations 1.02 and 2.17. The changes at Regulation 
1.02 add or modify definitions relating to the permitting program, 
modify the definition of VOC, and make other clarifying and 
administrative edits throughout the rule. The changes to Regulation 
2.17 specify required content of permit applications and set a term 
limit and renewal period for FEDOOPs, consistent with similar practices 
for the Federal title V permitting program. As discussed in further 
detail in EPA's May 20, 2019, (84 FR 22771) NPRM, the Agency is 
approving these SIP revisions because the Agency has determined that 
they are consistent with the CAA and will 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. These actions merely 
approve state law as meeting Federal requirements and do not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are 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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, these rules 
do not have tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), nor will they 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 September 23, 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 Preference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 11, 2019.
Mary S. Walker,
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

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2. Section 52.920(c), Table 2, is amended by:
0
a. Under the heading ``Reg 1--General Provisions,'' revising the entry 
for ``1.02''; and
0
b. Under the heading ``Reg 2--Permit Requirements,'' revising the entry 
for ``2.17''.
    The revisions 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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                                            Reg 1--General Provisions
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                                                  * * * * * * *
1.02..................  Definitions......       7/25/2019  [Insert citation      09/21/2016  ...................
                                                            of publication].
 
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                                           Reg 2--Permit Requirements
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                                                  * * * * * * *
2.17..................  Federally               7/25/2019  [Insert citation       5/15/2013  ...................
                         Enforceable                        of publication].
                         District Origin
                         Operating
                         Permits.
 
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[FR Doc. 2019-15762 Filed 7-24-19; 8:45 am]
 BILLING CODE 6560-50-P