[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Proposed Rules]
[Pages 79261-79263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28147]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0727; FRL-10421-01-R4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 proposing to approve these changes 
pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before January 26, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0727 at 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

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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 https://www.epa.gov/dockets.

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 
proposing to approve 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. 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--Section II 
of the preamble of this document provides EPA's analysis and rationale 
for proposed approval of this revision.
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    \1\ The EPA received this submission on June 13, 2022, in a 
letter dated June 15, 2022. Throughout this notice of proposed 
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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II. Analysis of Kentucky's SIP Revision

    The June 15, 2022, submission revises Regulation 2.17 by adding 
four timing requirements under Section 4--Permit Applications, adding 
new prefatory language in Section 4.2, and renumbering the remaining 
subsections within Section 4. Turning to the four new timing 
requirements, first, subsection 4.2.1 is added to require that sources 
not previously required to obtain a permit under Regulation 2.17 but 
that become subject to an applicable requirement after the effective 
date of the regulation must submit a permit application within 12 
months from the time at which it became subject to Regulation 2.17.
    Second, subsection 4.2.2 is added to require that a source 
``constructing, reconstructing, or modifying,'' shall submit a complete 
FEDOOP permit application within 12 months after commencing operation. 
If an existing permit would prohibit construction or a change in 
operation, the source would be required to obtain a permit revision 
before commencing operation.
    Third, subsection 4.2.3 is added to state that a source that is 
required to reopen an existing permit pursuant to the requirements of 
Section 6 of Regulation 2.17 must submit a complete application for a 
permit revision within six months after notification by the District 
that the permit must be reopened.
    Finally, subsection 4.2.4 is added to require that a complete 
permit application must be submitted to the District at least six 
months prior to the date of permit expiration and in accordance with 
Section 6 of Regulation 2.17 for permit renewal.
    These changes to Regulation 2.17 merely add timing requirements for 
submitting complete FEDOOP applications similar to the timing 
requirements in Regulation 2.16. As such, EPA has preliminarily 
determined that these changes do not interfere with any applicable 
requirement concerning attainment of the national ambient air quality 
standards and reasonable further progress or any other applicable 
requirement of the Act. For these reasons, EPA is proposing to approve 
the changes to the Jefferson County LIP.

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 the requirements of 1 CFR 51.5, and as described in Section II of 
this preamble, EPA is proposing to incorporate by reference Jefferson 
County's 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).

IV. Proposed Action

    EPA is proposing to approve 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 proposing to approve these changes because 
they are consistent with the CAA.

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 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);
     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

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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 proposed 
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, 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: December 20, 2022.
Daniel Blackmon,
Regional Administrator, Region 4.
[FR Doc. 2022-28147 Filed 12-23-22; 8:45 am]
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