[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16496-16498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04773]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0338; FRL-11798-01-R4]


Air Plan Approval; KY; Revisions to Jefferson County Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted on May 31, 
2023, by the Commonwealth of Kentucky, through the Kentucky Division 
for Air Quality (KDAQ) on behalf of the Louisville Metro Pollution 
Control District (Jefferson County or District). The purpose of the 
revision is to modify the SIP-approved version of the District's 
definitions rule to include a list of ``trivial activities'' in a new 
appendix; update the incorporation by reference date of the Federal air 
quality regulation that excludes certain organic compounds from the 
definition of ``volatile organic compounds (VOC);'' and make minor 
grammatical changes.

[[Page 16497]]

EPA is proposing to approve the changes pursuant to the Clean Air Act 
(CAA or Act).

DATES: Comments must be received on or before April 8, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0338 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 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/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Simone Jarvis, 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) 562-8393. Ms. Jarvis can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 31, 2023, KDAQ, on behalf of the District, submitted changes 
to the Jefferson County portion of the Kentucky SIP for EPA 
approval.\1\ In this proposed rulemaking, EPA is proposing to approve 
changes to Jefferson County Regulation 1.02, Definitions.\2\
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    \1\ The May 31, 2023, submittal also contains changes to 
Jefferson County Regulation 1.11, Control of Open Burning, in the 
Jefferson County portion of the Kentucky SIP. EPA intends to address 
these changes in a separate rulemaking.
    \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 the District regulations contained in the 
Jefferson County portion of the Kentucky SIP as the ``Jefferson 
County'' regulations.
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II. EPA's Analysis of Kentucky's SIP Revision

    The May 31, 2023, SIP revision contains a version of Regulation 
1.02, Definitions, that was adopted by the District on March 15, 2023 
(referred to as ``Version 16'' by the District). The District requests 
that EPA incorporate Version 16 into the SIP and identifies changes in 
Regulation 1.02 between Version 16 and Version 15, which is the version 
of the rule currently in the SIP.
    The District's first proposed change is the addition of Appendix B 
to Section 1, which lists ``trivial activities,'' and the modification 
to the definition of ``trivial activities'' at subsection 1.80 to 
reference Appendix B.\3\ The SIP-approved definition of ``trivial 
activities'' states that the District will maintain a list of trivial 
activities that shall be made available to the public upon request. 
This list has not changed since it was created in 1995 in response to 
the EPA White Paper for Streamlined Development of Part 70 Permit 
Applications.\4\ This change would only incorporate the list into the 
SIP and would not alter the activities listed therein.
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    \3\ The revised version of subsection 1.80 reads `` `Trivial 
activities' means any activity that is considered inconsequential, 
as determined by the District, and included in Appendix B to this 
Regulation.''
    \4\ Attachment A to the EPA White Paper contains a list of 
activities that may be treated as trivial. The White Paper is 
available at: https://www.epa.gov/title-v-operating-permits/white-paper-streamlined-development-part-70-permit-applications.
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    The District's second proposed change is to the definition of 
``volatile organic compound'' at subsection 1.84. Subsection 1.8.4.1 
incorporates by reference 40 CFR 51.100(s)(1) which lists compounds 
excluded from the Federal definition of ``volatile organic compounds 
(VOC)'' at 40 CFR 51.100(s). The change updates the incorporation by 
reference date from July 1, 2018, to July 1, 2022, which has the effect 
of adding an organic compound, cis-1,1,1,4,4,4-hexafluorobut-2-ene 
(also known as HFO-1336mzz-Z), to the list of compounds excluded from 
the definition of VOC. EPA exempted this compound from the Federal 
definition of ``volatile organic compounds (VOC)'' because its 
contribution to the formation of tropospheric ozone is negligible. See 
83 FR 61127 (November 28, 2018).
    The District's third proposed change is a set of minor grammatical 
changes. For example, the Section 1 preamble is changed from ``in the 
District's regulations'' to ``in District regulations.'' Given the 
nature of this change and the changes described above, the SIP revision 
will not interfere with any applicable requirement concerning 
attainment of the national ambient air quality standards, reasonable 
further progress, or any other applicable requirement of the CAA.\5\ 
EPA is proposing to approve all changes to Regulation 1.02 except for 
the grammatical edit to the term ``acute noncancer effect,'' because 
that term is not in the SIP.\6\
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    \5\ See CAA section 110(l).
    \6\ See 81 FR 87815 (December 6, 2016), 82 FR 35101 (July 28, 
2017).
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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, and as discussed in Section II of this 
preamble, EPA is proposing to incorporate by reference Jefferson County 
Regulation 1.02, Definitions (except for the definition of ``Acute 
noncancer effect''), Version 16, District-effective on March 15, 2023, 
which updates exclusions to the definition of ``volatile organic 
compound'' and includes Appendix B which lists ``trivial activities.'' 
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 1.02, 
Definitions (except for the change to the definition of ``Acute 
noncancer effect''), of the Jefferson County portion of the Kentucky 
SIP, submitted by the Commonwealth on May 31, 2023, for the reasons 
discussed above. The SIP revision updates the current SIP-approved 
version of Regulation 1.02 (Version 15) to Version 16.

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 CAA and applicable 
Federal regulations. 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 
proposed action merely proposes to approve State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by

[[Page 16498]]

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 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 proposed action. Due to the 
nature of the action being proposed here, this proposed 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 
proposed 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.

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, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: March 1, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-04773 Filed 3-6-24; 8:45 am]
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