80680 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Proposed Rules 

1On 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. 

2EPA received this submission on June 13, 2022, 

via a letter dated June 15, 2022. Throughout this 

notice of proposed rulemaking, 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. 

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, this proposed rulemaking 

action, pertaining to New Hampshire 

regional haze SIP submission for the 

second planning period, is not approved 

to apply on any Indian reservation land 

or in any other area where the 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, 

Feb. 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 air agency did not 

evaluate environmental justice 

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. 

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 environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Sulfur oxides. 

Dated: November 13, 2023. 

David Cash, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2023–25336 Filed 11–17–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0097; FRL–11564– 

03–R4] 

Air Plan Approval; Kentucky; 

Revisions to Jefferson County 

Emissions Monitoring and Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

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), in 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. The EPA is 

proposing to approve the changes 

because they are consistent with the 

Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before December 20, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2023–0097 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The 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 www.epa.gov/ 

dockets/commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, 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– 

9088. Ms. Bell can also be reached via 

electronic mail at bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

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 proposing to 

approve changes to Regulation 1.06, 

Stationary Source Self-Monitoring, 

Emissions Inventory Development, and 

Reporting, in the Jefferson County 

portion of the Kentucky SIP, submitted 

on June 15, 2022. This regulation 

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. This 

regulation does not impose any 

emissions limits or control requirements 

on any emissions source. 

II. EPA’s Analysis of Kentucky’s SIP 

Revision 

The June 15, 2022, SIP submission 

contains a version of Regulation 1.06 

adopted by the District on March 16, 

2022 (referred to as ‘‘Version 11’’ by the 

District). District Regulation 1.06, 

Stationary Source Self-Monitoring, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Proposed Rules 80681 

4Section 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. 

5 Jefferson County is subject to the requirements 

of CAA section 182(a) because it is part of the 

Louisville, KY-IN marginal nonattainment area for 

the 2015 8-Hour Ozone National Ambient Air 

Quality Standards (NAAQS). 

6See CAA section 110(l). 

Emissions Inventory Development, and 

Reporting, establishes requirements for 

stationary source monitoring, 

recordkeeping, and reporting. Section 6, 

Emissions Statements for Ozone 

Precursors, requires that on or before 

April 15 of each year, all stationary 

sources of oxides of nitrogen (NOX) or 

volatile organic compounds (VOC) shall 

submit to the District a statement of 

actual emissions of those compounds. 

The District requests that EPA 

incorporate Version 11 into the SIP and 

identifies changes in Regulation 1.06 

between Version 11 and Version 10, the 

version of the rule in the SIP. 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. The SIP 

submission 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

Section 6 continues to satisfy the 

emissions statement requirements in 

CAA section 182(a)(3)(B),5 and the 

changes do not reduce the number of 

facilities that must submit emissions 

statements. Therefore, this SIP revision 

will not interfere with any applicable 

requirement concerning attainment, 

reasonable further progress, or any other 

applicable requirement of the CAA.6

Version 11 does not change the 

information that reporting facilities 

must provide in their emissions 

statements. 

III. Incorporation by Reference 

In this document, the 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 described in Section II of 

this preamble, the EPA is proposing to 

incorporate by reference Louisville 

Metro Air Pollution Control District 

Regulation 1.06, Stationary Source SelfMonitoring, Emissions Inventory 

Development, and Reporting, District 

effective on March 16, 2022, except for 

Section 5 and any references to Section 

5 in this regulation. The 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 

The EPA is proposing to approve the 

aforementioned changes to Regulation 

1.06, Stationary Source Self-Monitoring, 

Emissions Inventory Development, and 

Reporting, District effective on March 

16, 2022, into the Jefferson County 

portion of the Kentucky SIP. The 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 

CAA 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 proposed 

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 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. The 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.’’ The 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 Cabinet nor the District did not 

evaluate environmental justice 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA did not perform an EJ analysis 

and did not consider EJ in this proposed 

action. Due to the nature of the 

proposed action being taken 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 environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
80682 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Proposed Rules 

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. 

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

Dated: November 14, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2023–25512 Filed 11–17–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2023–0072; FRL–8536–04– 

OAR] 

RIN 2060–AV09 

New Source Performance Standards 

for Greenhouse Gas Emissions From 

New, Modified, and Reconstructed 

Fossil Fuel-Fired Electric Generating 

Units; Emission Guidelines for 

Greenhouse Gas Emissions From 

Existing Fossil Fuel-Fired Electric 

Generating Units; and Repeal of the 

Affordable Clean Energy Rule 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing the 

availability of and soliciting comment 

on an Initial Regulatory Flexibility 

Analysis (IRFA) following the 

completion of a Small Business 

Advocacy Review (SBAR) Panel for the 

proposed New Source Performance 

Standards for Greenhouse Gas 

Emissions from New, Modified, and 

Reconstructed Fossil Fuel-Fired Electric 

Generating Units. The EPA is seeking 

public comment on the regulatory 

flexibilities considered in the IRFA. In 

addition, the EPA is soliciting comment 

on whether to include mechanisms to 

address potential reliability issues 

raised by small business and other 

commenters with respect to both 

proposed New Source Performance 

Standards and the proposed Emission 

Guidelines for Greenhouse Gas 

Emissions from Existing Fossil FuelFired Electric Generating Units. 

DATES: Comments. Comments must be 

received on or before December 20, 

2023. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2023–0072, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2023–0072 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2023– 

0072. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2023– 

0072, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, WJC West Building, Room 3334, 

1301 Constitution Avenue NW, 

Washington, DC 20004. The Docket 

Center’s hours of operation are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this proposed action, 

contact Mr. Christian Fellner, Sector 

Policies and Programs Division (D243– 

02), Office of Air Quality Planning and 

Standards, U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–4003; and email 

address: fellner.christian@epa.gov or 

Ms. Lisa Thompson, Sector Policies and 

Programs Division (D243–02), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

9775; and email address: 

thompson.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2023–0072. All 

documents in the docket are listed in 

the Regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (CBI) 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. 

Written Comments. Direct your 

comments to Docket ID No. EPA–HQ– 

OAR–2023–0072 at https://

www.regulations.gov (our preferred 

method), or the other methods 

identified in the ADDRESSES section. 

Once submitted, comments cannot be 

edited or removed from the docket. The 

EPA may publish any comment received 

to its public docket. Do not submit to 

the EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. This type of 

information should be submitted as 

discussed in the Submitting CBI section 

of this document. 

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. The 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). 

Please visit https://www.epa.gov/ 

dockets/commenting-epa-dockets for 

additional submission methods; the full 

EPA public comment policy; 

information about CBI or multimedia 

submissions; and general guidance on 

making effective comments. 

The https://www.regulations.gov 

website allows you to submit your 

comment anonymously, which means 

the EPA will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an email comment directly to the 

EPA without going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

digital storage media you submit. If the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should not include 

special characters or any form of 

encryption and should be free of any 

defects or viruses. 

Submitting CBI. Do not submit 

information containing CBI to the EPA 

through https://www.regulations.gov. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on any digital 

storage media that you mail to the EPA, 


ddrumheller on DSK120RN23PROD with PROPOSALS1