[Federal Register Volume 85, Number 204 (Wednesday, October 21, 2020)]
[Rules and Regulations]
[Pages 66876-66877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22012]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0224; FRL-10015-13-Region 4]


Air Plan Approval; KY; Jefferson County Administrative Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 or APCD) 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). This action is 
being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective November 20, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0224. 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 can either 
be retrieved electronically via www.regulations.gov or in hard copy at 
the 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: Sarah LaRocca, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth 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. Background

    EPA is approving changes to APCD 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.
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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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    In a notice of proposed rulemaking (NPRM) published on July 22, 
2020 (85 FR 44258), EPA proposed to approve changes to the Jefferson 
County portion of the Kentucky SIP, provided on March 4, 2020. The July 
22, 2020, NPRM provides additional detail regarding the background and 
rationale for EPA's action. Comments on the July 22, 2020, NPRM were 
due on or before August 21, 2020. EPA received no adverse comments on 
the July 22, 2020, NPRM.

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 APCD 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). Therefore, these materials have 
been approved by the EPA for inclusion in the State implementation 
plan, have been incorporated by reference by EPA into the 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 updated to the SIP 
compilation.\2\
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    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the changes to APCD Regulation 1.08, 
Administrative Procedures, Version 14, of the Jefferson County 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 APCD Regulation 1.08, Version 13 to Version 14. EPA is 
approving 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.

[[Page 66877]]

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 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 December 21, 2020. 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, Incorporation by reference, Reporting and 
recordkeeping requirements.

    Dated: September 30, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons discussed in the preamble, the Environmental 
Protection Agency 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. Section 52.920(c), Table 2, is amended under ``Reg 1--General 
Provisions'' by revising the entry for ``1.08'' 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         District
             Reg                Title/subject        date       Register notice  effective date    Explanation
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                                            Reg 1--General Provisions
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                                                  * * * * * * *
1.08.........................  Administrative       10/21/2020  [Insert              11/20/2019
                                Procedures.                      citation of
                                                                 publication].
 
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[FR Doc. 2020-22012 Filed 10-20-20; 8:45 am]
BILLING CODE 6560-50-P