[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Proposed Rules]
[Pages 44258-44259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0224; FRL-10011-98-Region 4]


Air Plan Approval; KY; Jefferson County Administrative Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes 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) on March 4, 2020. 
The changes were submitted by the Cabinet on behalf of the Louisville 
Metro Air Pollution Control District (District) and make minor changes 
for clarity, remove an exemption for public hearings for permitting 
actions, and amend the procedures for open records requests to maintain 
consistency with the Kentucky Open Records Act (KORA).

DATES: Comments must be received on or before August 21, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0224 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, 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) 562-9230. Ms. McKinley can also be reached via electronic mail at 
[email protected]. You can also contact Sarah LaRocca, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air and Radiation Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsythe Street SW, Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-8994. Ms. LaRocca can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. EPA's Proposed Action

    EPA is proposing to approve changes to Regulation 1.08, 
Administrative Procedures, of the Jefferson County portion of the 
Kentucky SIP, submitted by the Commonwealth on March 4, 2020.\1\ The 
March 4, 2020, SIP revision makes minor changes to Regulation 1.08 that 
do not alter the meaning of the regulation, for example, changes to 
clarify public hearing requirements, and relocation and reorganization 
of several sections. In addition, other changes strengthen the SIP by 
removing language exempting certain permitting actions from public 
hearings. Last, the SIP revision contains changes to sections related 
to public records to maintain consistency with the KORA. The SIP 
revision updates the current SIP-approved version of Regulation 1.08 
(Version 13) to Version 14. The changes to this rule and EPA's 
rationale for proposing approval are described in more detail in 
Section II of this notice of proposed rulemaking.
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    \1\ The submittal includes a courtesy copy of Regulation 2.08, 
Fees, Version 24 which was adopted by the Commonwealth at the same 
time, however, the Commonwealth did not request that EPA incorporate 
that regulation into the SIP.
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II. EPA's Analysis of the Kentucky's Submittal

    The SIP revision includes changes to the District's Regulation 
1.08, Administrative Procedures, to: (1) Make minor changes for 
clarity; (2) remove an exemption for public hearings for permitting 
actions; and (3) amend the procedures for open records requests to 
maintain consistency with KORA.
    There are minor revisions to Section 1, ``Public Hearings,'' such 
as adding the titles for various regulations and updating references, 
correcting typographical errors, and adjusting language for consistency 
between various subsections. With respect to the section titled 
``Procedures at Public Hearings,'' this section is moved from

[[Page 44259]]

Section 3 to Section 2, and the subsections are renumbered to reflect 
this move. Additional changes to ``Procedures at Public Hearings'' 
include minor changes to clarify procedures (for example, the staff 
provides an explanation of a proposed action at a hearing) and the 
removal of language excepting certain hearing requirements for 
permitting decisions. The ``Compliance Plans and Schedules'' section 
(previously Section 2) is now moved to Section 3, and the subsections 
within Section 3 are renumbered to reflect the organizational change.
    Section 6, ``Confidentiality and Opens Records Policy'' is 
renumbered and revised for consistency with KORA. The changes remove 
language regarding the format of KORA requests and details of the 
District's office. In addition, Section 6 is revised to specify that 
physical copies of any material not exempt will be provided to the 
requestor, to provide for reasonable fees, and to reference the 
Louisville Metro Air Pollution Control District Open Records Policy for 
hours, address of custodian, and other related information.
    Section 7, ``Procedures for the Adoption, Amendment, or Repeal of a 
Regulation,'' is revised by renumbering and reorganizing to improve the 
readability of the provisions in that section.
    These rule changes do not change any applicable emissions 
limitations or relax requirements for affected sources. EPA proposes to 
find that the changes serve to strengthen and clarify the SIP. 
Therefore, EPA has made the preliminary determination that the 
aforementioned changes will not have a negative impact on air quality 
and is therefore proposing to approve Version 14 of Regulation 1.08 
into the Jefferson County portion of the Kentucky SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the District's Regulation 1.08, Administrative Procedures, 
Version 14, effective November 20, 2019, which provides clarity, 
revises provisions related to Board meetings, and maintains consistency 
with KORA. 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).

IV. Proposed Action

    EPA is proposing to approve the changes to Regulation 1.08, 
Administrative Procedures, Version 14, of the Louisville Metro Air 
Pollution Control District portion of the Kentucky SIP, submitted by 
the Commonwealth on March 4, 2020. The March 4, 2020, SIP revision 
updates the current SIP-approved version of Regulation 1.08, Version 13 
to Version 14. EPA is proposing to approve these changes because they 
are minor edits to clarify provisions related to public hearing 
requirements, SIP strengthening by removing an exemption from public 
hearings for certain permitting requirements, and maintaining 
consistency with KORA.

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 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 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Reposting and 
recordkeeping requirements.

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

    Dated: July 13, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-15536 Filed 7-21-20; 8:45 am]
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