Air Plan Approval; KY; Jefferson County Administrative Procedures
| Published date | 21 October 2020 |
| Citation | 85 FR 66876 |
| Record Number | 2020-22012 |
| Section | Rules and Regulations |
| Court | Environmental Protection Agency |
Federal Register, Volume 85 Issue 204 (Wednesday, October 21, 2020)
[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
