[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Rules and Regulations]
[Pages 1461-1464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00012]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0097; FRL-11564-04-R4]


Air Plan Approval; Kentucky; Revisions to Jefferson County 
Emissions Monitoring and Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to

[[Page 1462]]

the Jefferson County portion of the Kentucky State Implementation Plan 
(SIP), submitted by the Commonwealth of Kentucky, through the Energy 
and Environment Cabinet (Cabinet), via a letter dated June 15, 2022. 
The changes were submitted by the Cabinet on behalf of the Louisville 
Metro Air Pollution Control District (District) and amend the 
District's stationary source emissions monitoring and reporting 
requirements. EPA is approving the changes because they are consistent 
with the Clean Air Act (CAA or Act).

DATES: This rule is effective February 9, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0097. All documents in the docket 
are listed on the regulations.gov website. Although listed in the 
index, some information may not be 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: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 15, 2022,\1\ the Commonwealth of Kentucky submitted changes 
to the Jefferson County portion of the Kentucky SIP for EPA 
approval.2 3 In this rulemaking, EPA is approving changes to 
Regulation 1.06, Stationary Source Self-Monitoring, Emissions Inventory 
Development, and Reporting submitted on June 15, 2022.
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    \1\ On June 15, 2022, Kentucky provided multiple SIP revisions 
that are not addressed in this rulemaking. One of the June 15, 2022, 
submittals contains changes to District Regulation 2.04, 
Construction or Modification of Major Sources in or Impacting upon 
Non-Attainment Areas (Emission Offset Requirements) in the Kentucky 
SIP. These changes are not addressed in this notice. EPA will act on 
these changes in a separate rulemaking. Another June 15, 2022, SIP 
revision contained changes to District Regulation 2.17, Federally 
Enforceable District Origin Operating Permits, in the Kentucky SIP. 
EPA finalized its approval of changes to Regulation 2.17 on March 1, 
2023. See 88 FR 12831.
    \2\ EPA received this submission on June 13, 2022, via a letter 
dated June 15, 2022. Throughout this final rule, this submission 
will be referred to as the June 15, 2022, submission.
    \3\ 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 the District regulations contained in the 
Jefferson County portion of the Kentucky SIP as the ``Jefferson 
County'' regulations.
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    Through a notice of proposed rulemaking (NPRM) published on 
November 20, 2023 (88 FR 80680), EPA proposed to approve these changes 
to Regulation 1.06. Section 6, Emissions Statements for Ozone 
Precursors, of Regulation 1.06 requires that on or before April 15 of 
each year, all stationary sources of NOX or VOC shall submit 
to the District a statement of actual emissions of those compounds. In 
this rulemaking, EPA is finalizing its approval of the District's June 
15, 2022, request to incorporate Version 11 of Regulation 1.06 into the 
SIP, replacing Version 10. Version 10 of Regulation 1.06 at Section 
6.2.1 states that facilities with less than 25 tons per year (tpy) of 
plant-wide actual VOC emissions or less than 25 tpy of plant-wide 
actual NOX emissions are exempted from the emissions 
statement requirements in Section 6, unless emissions of the other 
pollutant (VOC or NOX) are at or above 25 tpy. Version 11 
revises Section 6.2.1 to instead exempt facilities with less than 25 
tpy of plant-wide potential VOC and less than 25 tpy of plant-wide 
potential NOX emissions from the Section 6 emissions 
statement requirement.\4\ The contents of the District's submission, as 
well as EPA's rationale for approving changes to this regulation, are 
described in more detail in EPA's November 20, 2023, NPRM. Comments on 
the November 20, 2023, NPRM were due on or before December 20, 2023. 
EPA received one comment and responds to this comment in the next 
section of this rulemaking notice.
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    \4\ Section 6.2.1 continues to allow the District to require 
sources claiming the exemption to provide adequate information to 
verify actual emissions for the previous year.
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II. Response to Comment

    EPA received one comment on the November 20, 2023, NPRM. The 
comment expresses both support for and concern about EPA's proposed 
action to approve the amendments to Jefferson County's emissions 
reporting requirements.
    Comment: The commenter stated that changing the way emissions are 
reported could be ``very beneficial and more organized,'' which the 
commenter finds ``especially important if it would help benefit 
Kentucky residents.'' The commenter's ``only concern is how it would be 
ensured'' that the changes to the emissions reporting requirements 
would not ``decrease the amount of emissions reported.'' The commenter 
asks if there are measures put in place to keep plants accountable, 
noting that ``[c]limate change is a very real concern and it is 
important to hold the power plants that are contributing to change 
accountable.''
    Response: CAA section 182(a)(3)(B)(i) requires States to submit to 
EPA a SIP revision requiring the owner or operator of each stationary 
source of NOX or VOC in an ozone nonattainment area to 
report its NOX and VOC emissions to the State and to certify 
the accuracy of these reported emissions. Section 182(a)(3)(B)(ii) 
allows States to waive the requirements under subsection (i) for 
stationary sources emitting less than 25 tpy of VOC or NOX 
if the State provides an inventory of emissions from such class or 
category of sources.
    Jefferson County is subject to the requirements of CAA section 
182(a) because it is part of the Louisville, KY-IN moderate 
nonattainment area for the 2015 8-Hour Ozone National Ambient Air 
Quality Standards (NAAQS). Regulation 1.06, Stationary Source Self-
Monitoring, Emissions Inventory Development, and Reporting, in the 
Jefferson County portion of the Kentucky SIP, provides the District 
with the authority to require emissions monitoring at stationary 
sources and requires certain sources to maintain emissions records and 
to provide annual emissions statements to the District.\5\ Section 6, 
Emissions Statements for Ozone Precursors, requires that on or before 
April 15 of each year, all stationary sources of NOX or VOC 
shall submit to the District a statement of actual emissions of those 
compounds.

[[Page 1463]]

As discussed above, Version 10 of Regulation 1.06 at Section 6.2.1 
states that facilities with less than 25 tpy of plant-wide actual VOC 
emissions or less than 25 tpy of plant-wide actual NOX 
emissions are exempted from the emissions statement requirements in 
Section 6, unless emissions of the other pollutant (VOC or 
NOX) are at or above 25 tpy. In this action, EPA is 
approving Version 11 into the SIP which revises Section 6.2.1 to 
instead exempt facilities with less than 25 tpy of plant-wide potential 
VOC and less than 25 tpy of plant-wide potential NOX 
emissions from the Section 6 emissions statement requirement.\6\
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    \5\ On March 9, 2022, EPA determined that Regulation 1.06 met 
the requirements for the 2015 ozone NAAQS for the Jefferson County 
Area. See 87 FR 13177.
    \6\ As discussed in the NPRM, section 6 continues to satisfy the 
emissions statement requirements in CAA section 182(a)(3)(B).
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    As noted in the NPRM, the changes do not reduce the number of 
facilities required to submit emissions statements. Changing the basis 
for the exemption from actual to potential emissions does not reduce 
the number of facilities that must submit emissions statements because 
potential emissions reflect a facility's maximum capacity to emit a 
pollutant under its physical and operational design.\7\ Thus, the 
change from actual to potential emissions may make fewer facilities 
eligible for the exemption, thus increasing the number of facilities 
required to submit emissions statements. Furthermore, the changes do 
not affect the amount or type of information that must be included in 
the emissions statements.
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    \7\ See, e.g., the definition of ``potential to emit'' in 
Regulation 1.02, Section 1.61, of the Jefferson County portion of 
the Kentucky SIP.
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III. 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, and as discussed in Section I of this preamble, EPA is finalizing 
the incorporation by reference of District Regulation 1.06, Stationary 
Source Self-Monitoring, Emissions Inventory Development, and Reporting, 
adopted by the District on March 16, 2022 (referred to as ``Version 
11'' by the District). 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.\8\
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    \8\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to Regulation 1.06, 
Stationary Source Self-Monitoring, Emissions Inventory Development, and 
Reporting, adopted by the District on March 16, 2022, into the 
Jefferson County portion of the Kentucky SIP. The EPA is approving 
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 that they meet the criteria of the CAA. Accordingly, 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    In addition, 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 and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The District did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving EJ for people of color, low-income populations, 
and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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

[[Page 1464]]

Court of Appeals for the appropriate circuit by March 11, 2024. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 29, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA 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. In Sec.  52.920, in table 2 to paragraph (c), under the center 
heading ``Reg 1--General Provision,'' revise the entry for 1.06 to read 
as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

                Table 2 to Paragraph (c)--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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                                                  * * * * * * *
1.06........  Stationary Source Self-        1/10/2024  [Insert citation of       3/16/2022  Except Section 5
               Monitoring, Emissions                     publication].                        and any references
               Inventory Development,                                                         to Section 5 in
               and Reporting.                                                                 this regulation.
 
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[FR Doc. 2024-00012 Filed 1-9-24; 8:45 am]
BILLING CODE 6560-50-P