Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Proposed Rules 3613 

Datum: WGS 84 

(c) A traffic lane for south-eastbound 

traffic is established between the 

separation zone and a line connecting 

the following geographic positions: 

TABLE 1 TO § 167.172(c) 

Latitude Longitude 

38°15.80′ N 74°34.75′ W 

38°25.78′ N 74°44.28′ W 

Datum: WGS 84 

■ 7. Revise § 167.174 and its section 

heading to read as follows: 

§ 167.174 Off Delaware Bay: Precautionary 

areas. 

(a) A precautionary area is established 

as follows: from 38°42.80′ N, 74°58.90′ 

W; then southeasterly to 38°37.25′ N, 

74°54.15′ W; then northeasterly to 

38°48.89′ N, 74°47.29′ W; then westerly 

to 38°48.31′ N, 74°55.39′ W; then 

westerly to 38°47.50′ N, 75°01.80′ W; 

then northerly to 38°50.75′ N, 75°03.40′ 

W; then northeasterly to 38°51.27′ N, 

75°02.83′ W; then northerly to 38°54.80′ 

N, 75°01.60′ W; then westerly by an arc 

of 6.7 nautical miles centered at 

38°48.90′ N, 75°05.60′ W to 38°55.53′ N, 

75°05.87′ W; then southwesterly to 

38°54.00′ N, 75°08.00′ W; then southerly 

to 38°46.60′ N, 75°03.55′ W; then 

southeasterly to 38°42.80′ N, 74°58.90′ 

W. 

Datum: WGS 84. 

(b) A precautionary area is established 

as follows: from 38°49.80′ N, 74°33.91′ 

W; then easterly to 38°49.79′ N, 

74°28.74′ W; then southerly to 38°44.44′ 

N, 74°28.15′ W; then westerly to 

38°44.45′ N, 74°33.32′ W; then northerly 

to 38°49.80′ N, 74°33.91′ W. 

Datum: WGS 84. 

(c) A precautionary area is established 

with a radius of 5 nautical miles 

centered upon geographical position 

38°46.79′ N, 74°06.60′ W, the areas 

within the separation zones, traffic 

lanes, and fairways excluded. 

Datum: WGS 84. 

(d) A precautionary area is established 

with a radius of 10 nautical miles 

centered upon geographical position 

38°10.02′ N, 74°25.34′ W, the areas 

within the separation zones, traffic 

lanes, and fairways excluded. 

Datum: WGS 84. 

§ 167.200 [Amended] 

■ 8. Amend § 167.200 paragraph (a) by: 

■ a. After the text ‘‘three parts:’’, 

removing the word ‘‘a’’ and adding, in 

its place, the word ‘‘two’’; 

■ b. Removing the word ‘‘Area’’ and 

adding, in its place, the word ‘‘Areas’’; 

and 

■ c. After the text ‘‘167.202,’’, adding 

the text ‘‘and’’. 

■ 9. Amend § 167.201 by: 

■ a. Redesignating the introductory text 

as paragraph (a); 

■ b. Adding a title to Table 1 to 

§ 167.201(a); and 

■ c. Adding paragraph (b). 

The additions read as follows: 

§ 167.201 In the approaches to 

Chesapeake Bay: Precautionary areas. 

(a) * * * 

TABLE 1 TO § 167.201(a) 

* * * * * 

(b) A precautionary area is established 

as follows: from 36°58.25′ N, 75°48.44′ 

W; then easterly by an arc of 5 nautical 

miles centered at 36°59.06′ N, 75°42.28′ 

W to 36°59.27′ N, 75°36.04′ W; then 

southerly to 36°47.20′ N, 75°35.35′ W; 

then westerly by an arc of 5 nautical 

miles centered around 36°46.98′ N, 

075°41.58′ W to 36°48.21′ N, 075°47.61′ 

W; then northerly to 36°48.87′ N, 

075°47.42′ W; then northeasterly to 

36°50.33′ N, 075°46.29′ W; then 

northerly to 36°57.04′ N, 075°48.01′ W; 

then northwesterly to 36°57.94′ N, 

075°48.41′ W; then northerly to 

36°58.25′ N, 75°48.44′ W. 

Datum: WGS 849. 

■ 10. Amend § 167.251 by: 

■ a. Redesignating the introductory text 

as paragraph (a); and 

■ b. Adding paragraph (b) to read as 

follows: 

§ 167.251 In the approaches to the Cape 

Fear River: Precautionary area. 

* * * * * 

(b) A precautionary area is established 

as follows: from 33°36.22′ N, 078°17.30′ 

W; then easterly by an arc of 5.2 

nautical miles centered at 33°32.99′ N, 

078°12.10′ W; to 33°32.75′ N, 078°05.99′ 

W; then westerly to 33°32.75′ N, 

078°09.66′ W; then northwesterly to 

33°34.50′ N, 078°14.70′ W; then 

northwesterly to 33°36.22′ N, 078°17.30′ 

W. 

Datum: WGS 84. 

Dated: January 9, 2024. 

Linda L. Fagan, 

Admiral, U.S. Coast Guard, Commandant. 

[FR Doc. 2024–00757 Filed 1–18–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0691; FRL–11644– 

01–R4] 

Air Plan Approval; KY; 2015 8-Hour 

Ozone Nonattainment New Source 

Review Permit Program Requirements 

and Rule Revision for Jefferson 

County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

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 13, 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). 

EPA is proposing to approve changes to 

the District’s rules on the construction 

or modification of major stationary 

sources that are located within 

nonattainment areas or that have 

emissions impacting nonattainment 

areas. EPA also is proposing to approve 

the certification submitted by Kentucky 

on behalf of the District that the new 

version of the Nonattainment New 

Source Review (NNSR) permitting 

regulations proposed for incorporation 

into the Jefferson County portion of the 

Kentucky SIP meets the NNSR 

nonattainment planning requirements 

for the 2015 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS). The certification covers the 

Jefferson County portion of the 

Louisville, Kentucky-Indiana multi-state 

nonattainment area for the 2015 8-hour 

ozone NAAQS. This action is proposed 

pursuant to the Clean Air Act (CAA or 

Act) and its implementing regulations. 

DATES: Comments must be received on 

or before February 20, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0691 at 

www.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, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
3614 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Proposed Rules 

1 In this proposed action, the EPA refers to 

‘‘source’’ as shorthand for ‘‘source owner/operator.’’ 

2 ‘‘Regulated NSR pollutant’’ is defined at 40 CFR 

52.21(b)(50). A ‘‘regulated NSR pollutant’’ includes 

any pollutant for which a NAAQS has been 

promulgated and other pollutants regulated under 

the CAA. These other pollutants include, among 

others, fluorides, sulfuric acid mist, hydrogen 

sulfide, total reduced sulfur, and reduced sulfur 

compounds. See, e.g., 40 CFR 52.21(b)(23). For 

NNSR, regulated NSR pollutants include only the 

NAAQS, also known as criteria pollutants, and the 

precursors to those pollutants for which the area is 

designated nonattainment. See 40 CFR 

51.165(a)(1)(xxxvii). 

3For major sources subject to Prevention of 

Significant Deterioration (PSD) requirements, the 

CAA uses the term ‘‘major emitting facility,’’ which 

is defined as a stationary source that emits, or has 

a potential to emit (PTE) of, at least 100 tons per 

year (tpy) if the source is in one of 28 listed source 

categories—or at least 250 tpy if the source is not— 

of ‘‘any air pollutant.’’ CAA section 169(1). For 

NNSR, the emissions threshold for a major 

stationary source is 100 tpy, although lower 

thresholds may apply depending on the degree of 

the nonattainment problem and the pollutant. 

4The Kentucky portion of the Greenbook is 

available at https://www3.epa.gov/airquality/ 

greenbook/anayo_ky.html. 

5CAA section 173 requires, among other things, 

emissions offsets. The emissions offset ratio for 

moderate ozone nonattainment areas is found in 

CAA section 182(b)(5). 

6The June 13, 2022, submission was received via 

a letter dated June 15, 2022. 

7On July 13, 2021, Kentucky, on behalf of 

Jefferson County, submitted a certification that the 

current SIP-approved version of Regulation 2.04 

fulfills requirements of the NNSR program. 

Jefferson County withdrew that submission on June 

13, 2022, and replaced it with a SIP revision 

containing changes to District Regulation 2.04 and 

an updated certification that the modified version 

of Regulation 2.04 complies with NNSR 

requirements for the 8-hour ozone NAAQS as 

addressed in this proposed rulemaking. 

8Under the June 13, 2022, cover letter, Jefferson 

County also submitted updates to the following 

District Regulations: Regulation 1.06—Stationary 

Source Self-Monitoring, Emissions Inventory 

Development, and Reporting and Regulation 2.17— 

Federally Enforceable District Origin Operating 

Permits. These rules will be acted on separately by 

EPA. 

9The existing sections in the redline strikethrough text of the submittal appear are 

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: 

Pearlene Williams-Miles, Multi-Air 

Pollutant Coordination Section, Air 

Planning and Implementation Branch, 

Air and Radiation Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

GA 30303–8960. The telephone number 

is (404) 562–9144. Ms. Williams-Miles 

can also be reached via electronic mail 

at WilliamsMiles.Pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The New Source Review (NSR) 

program is a preconstruction permitting 

program that requires certain stationary 

sources of air pollution to obtain 

permits prior to beginning 

construction.1 The NSR permitting 

program applies to new construction 

and to the modification of existing 

sources. New construction and source 

modifications that cause emissions of 

‘‘regulated NSR pollutants’’ over certain 

thresholds are subject to major NSR 

requirements, while smaller emitting 

sources and modifications may be 

subject to minor NSR requirements.2

The NSR permitting program applies 

to sources located in an area where the 

NAAQS have been exceeded 

(nonattainment area), areas where the 

NAAQS have not been exceeded 

(attainment), and areas that are 

unclassifiable. However, the 

demonstration that must be made to 

obtain a permit and the conditions of 

such permits are different for 

nonattainment and attainment/ 

unclassifiable areas. Thus, the 

pollutant(s) at issue and the air quality 

designation of the area where the 

facility is located or proposed to be built 

determine the specific permitting 

requirements. 

A new stationary source is subject to 

major NSR requirements if its potential 

to emit a regulated NSR pollutant 

exceeds certain emission thresholds. If 

it exceeds an applicable threshold, the 

NSR regulations define it as a ‘‘major 

stationary source.’’ 3 An existing major 

stationary source triggers major NSR 

permitting requirements when it 

undergoes a ‘‘major modification,’’ 

which occurs when a source undertakes 

a physical change or change in method 

of operation (i.e., a ‘‘project’’) that 

would result in: (1) A significant 

emissions increase from the project, and 

(2) a significant net emissions increase 

from the source. See, e.g., 40 CFR 

51.165(a)(1)(v)(A), 40 CFR 

51.165(a)(1)(xxxix), and 40 CFR 

51.165(a)(2)(ii)(A). 

Jefferson County is located within a 

nonattainment area for the 2015 8-hour 

ozone NAAQS. See 40 CFR 81.318; see 

also EPA’s Greenbook.4 Therefore, 

Jefferson County is required to have 

NNSR rules approved into the Jefferson 

County portion of the Kentucky SIP for 

this criteria pollutant addressing the 

requirements of CAA section 172(c)(5), 

CAA section 173, 40 CFR 51.165, and 40 

CFR 51.1314. 

II. Analysis of the Commonwealth’s 

Submittal 

The Commonwealth has proposed 

changes to Regulation 2.04— 

Construction or Modification of Major 

Sources In or Impacting Upon NonAttainment Areas (Emission Offset 

Requirements) in the Jefferson County 

portion of Kentucky’s SIP. EPA’s 

analysis of the Commonwealth’s 

proposed revisions to Regulation 2.04 is 

provided below. 

a. CAA Requirements Regarding the 

Changes to Regulation 2.04 

Based on Jefferson County’s 

nonattainment designation for the 2015 

8-hour ozone NAAQS, Kentucky was 

required to develop a SIP revision 

addressing the requirements of CAA 

sections 172(c)(5) and 173 for this 

nonattainment area. Section 172(c)(5) 

requires each state with a nonattainment 

area to submit a SIP revision requiring 

NNSR permits in the nonattainment 

area in accordance with the permitting 

requirements of CAA section 173.5 The 

minimum SIP requirements for NNSR 

permitting for the ozone NAAQS are in 

40 CFR 51.165. See 40 CFR 51.1314. The 

proposed revisions to Regulation 2.04 

must comply with these minimum 

requirements. 

On June 13, 2022, Kentucky 

submitted a SIP revision 6 to EPA that 

includes changes to the District’s 

Regulation 2.04, which establishes 

requirements for Jefferson County’s 

NNSR program, along with a 

certification that this updated version of 

Regulation 2.04 satisfies the 

requirements of the CAA for the 2015 8- 

hour ozone NAAQS applicable to the 

Jefferson County portion of the 

Louisville, KY-IN 2015 ozone moderate 

nonattainment area.7

b. Changes to Regulation 2.04 

The Jefferson County June 13, 2022, 

SIP revision includes changes to 

Jefferson County’s NNSR permitting 

regulations to align those regulations 

with the federal requirements for NNSR 

permitting in 40 CFR 51.165. 

Specifically, these changes update 

Jefferson County’s Regulation 2.04— 

Construction or Modification of Major 

Sources In or Impacting Upon NonAttainment Areas (Emission Offset 

Requirements), which applies to new 

major stationary sources and major 

modifications locating in an area 

designated as nonattainment.8 9 EPA last 


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misnumbered. Section 1 is repeated twice—once at 

Section 1 Applicability and again at Section 1 

Definitions. For example, Section 9 Permit 

Condition Rescission is marked as Section 8 in the 

redline strike-through text of the submission. The 

erroneous numbering extends throughout the 

entirety of Regulation 2.04. The text in each section 

is accurate despite the misnumbering, and this 

misnumbering is not contained in the non-redline 

version of the regulatory text contained within the 

submittal. 

10The June 13, 2022, submittal contains changes 

to address to the Federal NNSR provisions 

promulgated in the Ethanol Rule. EPA is not 

proposing to act on these changes in this proposed 

rulemaking. 

11 In a letter dated August 24, 2023, the District 

withdrew its request to remove Section 2.2.20 of 

Regulation 2.04 from the SIP, which defines ‘‘Class 

I area,’’ from EPA’s consideration. In a subsequent 

email dated November 14, 2023, the District 

clarified that the withdrawal of the June 13, 2022, 

request to remove from the SIP Regulation 2.04 

version 7 Section 2.2.20, includes all subparagraphs 

within the definition (i.e., 2.2.20.1 through 

2.2.20.7). See the August 24, 2023, letter, and the 

November 14, 2023, clarifying correspondence in 

the docket for this proposed rulemaking. 

approved amendments to Regulation 

2.04 in the SIP on October 23, 2001, 

with a local effective date of March 17, 

1993. See 66 FR 53660. Approximately 

twenty-nine years have passed between 

this local effective date and the local 

effective date of Jefferson County’s 

updated Regulation 2.04 that EPA is 

now proposing to approve into the SIP. 

The June 13, 2022, SIP revision aims to 

align the Jefferson County regulations 

with the most recent version of 40 CFR 

51.165, which sets forth minimum 

NNSR permitting program requirements. 

Since the last time EPA approved 

amendments to Regulation 2.04, EPA 

has updated the federal NNSR 

regulations in 40 CFR 51.165 to clarify 

provisions, provide greater regulatory 

certainty, and provide administrative 

flexibility while correcting certain errors 

in the NNSR regulations that had 

accumulated over time. Jefferson 

County’s requested SIP revision replaces 

the District’s NNSR regulations largely 

in their entirety with a new version that 

reflects changes to the federal NNSR 

regulations at 40 CFR 51.165, including 

provisions promulgated in the following 

federal rules: 

• ‘‘Requirements for Preparation, 

Adoption and Submittal of 

Implementation Plans; Approval and 

Promulgation of Implementation Plans; 

Standards of Performance for New 

Stationary Sources,’’ Final Rule, 57 FR 

32314 (July 21, 1992) (generally referred 

to as the Wisconsin Electric Power 

Company (WEPCO) Rule); 

• ‘‘Prevention of Significant 

Deterioration (PSD) and Nonattainment 

New Source Review (NSR): Baseline 

Emissions Determination, Actual-toFuture-Actual Methodology, Plantwide 

Applicability Limitations, Clean Units, 

Pollution Control Projects,’’ Final Rule, 

67 FR 80186 (December 31, 2002) 

(generally referred to as the NSR Reform 

Rule); 

• ‘‘Prevention of Significant 

Deterioration (PSD) and NonAttainment New Source Review (NSR): 

Reconsideration,’’ Final Rule, 68 FR 

63021 (November 7, 2003) (generally 

referred to as the Reconsideration Rule); 

• ‘‘Prevention of Significant 

Deterioration (PSD) and NonAttainment New Source Review (NSR): 

Removal of Vacated Elements,’’ Final 

Rule, 72 FR 32526 (June 13, 2007) 

(generally referred to as the Vacated 

Elements Rule); 

• ‘‘Prevention of Significant 

Deterioration, Nonattainment New 

Source Review, and Title V: Treatment 

of Certain Ethanol Production Facilities 

Under the ‘Major Emitting Facility’ 

Definition’’, 72 FR 24060 (July 2, 2007) 

(generally referred to as the Ethanol 

Rule); 10

• ‘‘Prevention of Significant 

Deterioration and Nonattainment New 

Source Review: Reasonable Possibility 

in Recordkeeping,’’ Final Rule, 72 FR 

72607 (December 21, 2007), (generally 

referred to as the Reasonable Possibility 

Rule); 

• ‘‘Final Rule To Implement the 8- 

Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

To Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as They Apply 

in Carbon Monoxide, Particulate Matter 

and Ozone NAAQS; Final Rule for 

Reformulated Gasoline,’’ Final Rule, 70 

FR 71612 (November 29, 2005) 

(generally referred to as the Phase 2 

Rule); 

• ‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5),’’ Final Rule, 73 FR 28321 (May 

16, 2008) (generally referred to as the 

NSR PM2.5 Rule); 

• ‘‘Prevention of Significant 

Deterioration (PSD) for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5)—Increments, Significant Impact 

Levels (SILs) and Significant Monitoring 

Concentration (SMC),’’ Final Rule, 75 

FR 64864 (October 20, 2010) (generally 

referred to as the PM2.5 PSD IncrementsSILs-SMC Rule); 

• ‘‘Prevention of Significant 

Deterioration (PSD) and Nonattainment 

New Source Review (NSR): 

Reconsideration of Inclusion of Fugitive 

Emissions; Interim Rule; Stay and 

Revisions’’, Interim Rule, 76 FR 17548 

(March 30, 2011) (generally referred to 

as the Fugitive Emissions Interim Rule); 

• ‘‘Prevention of Significant 

Deterioration (PSD) and Nonattainment 

New Source Review (NNSR): Project 

Emissions Accounting’’, 85 FR 74890 

(November 24, 2020) (generally referred 

to as the Project Emissions Accounting 

Rule); and 

• ‘‘New Source Review Regulations; 

Correction’’, 86 FR 37918 (July 19, 2021) 

(generally referred to as the NSR 

Corrections Rule). 

Additional information regarding 

each of the above-described rules is 

available within the Federal Register 

citations provided and at https://

www.epa.gov/nsr/nsr-regulatory-actions. 

More detailed discussion of the textual 

changes proposed by Jefferson County is 

provided below. 

Section 1—As revised, the existing 

Section 1, Applicability, is now titled 

Definitions. The text of the existing 

section, which identifies sources that 

are regulated by Regulation 2.04, is 

removed in its entirety, and replaced 

with the Definitions section, which has 

been relocated from Section 2. 

The proposed definitions in Section 1 

would modify, add, or remove existing 

definitions currently found in Section 2 

and reorder several definitions. The 

definitions that are removed include: 

‘‘Reasonable further progress,’’ 

‘‘Adverse impact on visibility,’’ ‘‘State 

Implementation Plan,’’ ‘‘Mandatory 

Class I federal area,’’ ‘‘Natural 

conditions,’’ and ‘‘Visibility 

impairment.’’ Jefferson County’s June 

13, 2022, SIP revision also includes the 

removal of the definition, ‘‘Class I area.’’ 

However, the District has since 

withdrawn its request for this change.11

New definitions are added in Section 

1, which include: ‘‘Volatile organic 

compounds (VOC),’’ ‘‘Electric utility 

steam generating unit,’’ ‘‘Replacement 

unit,’’ ‘‘Temporary clean coal 

technology demonstration project,’’ 

‘‘Clean coal technology,’’ ‘‘Clean coal 

technology demonstration project,’’ 

‘‘Pollution prevention,’’ ‘‘Significant 

emissions increase,’’ ‘‘Projected actual 

emissions,’’ ‘‘Nonattainment major new 

source review (NSR) program,’’ 

‘‘Continuous emissions monitoring 

system (CEMS),’’ ‘‘Predictive emissions 

monitoring system (PEMS),’’ 

‘‘Continuous parameter monitoring 

system (CPMS),’’ ‘‘Continuous 

emissions rate monitoring system 

(CERMS),’’ ‘‘Baseline actual emissions,’’ 

‘‘Regulated NSR pollutant,’’ ‘‘Reviewing 

authority,’’ ‘‘Project,’’ ‘‘Best available 

control technology (BACT),’’ 

‘‘Prevention of Significant Deterioration 

(PSD) permit,’’ ‘‘Federal Land 

Manager,’’ ‘‘Act,’’ ‘‘Administrator,’’ and 


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‘‘NAICS.’’ Among the additions, three 

entries labeled ‘‘[Reserved]’’ are added 

at 1.25, 1.29, and 1.36. Lastly, the 

following definitions have been 

modified: ‘‘Stationary source,’’ 

‘‘Building, structure, facility, or 

installation,’’ ‘‘Secondary emissions,’’ 

‘‘Actual emissions,’’ ‘‘Emissions unit,’’ 

‘‘Major stationary source,’’ ‘‘Major 

modification,’’ ‘‘Net emission increase,’’ 

‘‘Potential to emit,’’ ‘‘Construction,’’ 

‘‘Commence,’’ ‘‘Necessary 

preconstruction approval or permits,’’ 

‘‘Allowable emissions,’’ ‘‘Federally 

enforceable,’’ ‘‘Fugitive Emissions,’’ 

‘‘Significant,’’ and ‘‘Lowest achievable 

emission rate.’’ 

Certain definitions were also revised 

to remove outdated terminology and 

align the rules with the Federal 

regulations at 40 CFR 51.165. EPA is 

proposing to approve these definitional 

revisions, except that EPA is not 

proposing at this time to approve into 

the SIP the following phrase in the 

definition at 1.4.3.20 originating from 

the Ethanol Rule: ‘‘—The term chemical 

processing plant shall not include 

ethanol production facilities that 

produce ethanol by natural fermentation 

included in NAICS codes 325193 or 

312140’’. The remaining definitions 

(i.e., those neither modified nor 

removed in Section 2) were moved into 

Section 1 unchanged. 

Section 2—As revised, the existing 

Section 2, Definitions, is now titled 

Applicability Procedures. As mentioned 

above, the terms and definitions in the 

existing Section 2 are relocated to 

Section 1 as part of the proposed 

changes. The revised Section 2 includes 

revised applicability provisions of Rule 

2.04, including three subsections that: 

(1) Define which sources are subject to 

regulation under Rule 2.04, (2) outline 

the procedures for determining whether 

a project is a major modification for a 

regulated NSR pollutant, and (3) require 

that any major stationary source with a 

plantwide applicability limit (PAL) for a 

regulated NSR pollutant comply with 

requirements under section 16 of Rule 

2.04. 

Section 3—As revised, the existing 

Section 3, Initial Screening Analyses 

and Determination of Applicable 

Requirements, is now titled Conditions 

for Approval. The existing text of 

Section 3 requires the District to 

evaluate a source’s compliance with 

applicable emission requirements to 

determine their eligibility for a 

construction permit. The regulation also 

requires that the District evaluate a 

source’s impact on air quality to 

determine whether offset credits are 

required. Lastly, the regulation exempts 

certain sources from applicable 

conditions for approval established in 

the existing Section 5 text, and visibility 

impact analysis addressed in Section 10, 

if the source’s fugitive emissions are 

considered in calculating the source’s 

potential to emit and the source does 

not belong to specified source 

categories. The revised Section 3 

provides the conditions that new major 

stationary sources or major 

modifications must meet prior to 

approval of construction in an area 

designated as nonattainment. 

Section 4—As revised, the existing 

Section 4, Sources Locating in 

Designated Attainment or Unclassifiable 

Areas, is now titled Baseline. The 

existing Section 4 provisions regulate 

new major stationary sources and major 

modifications of existing sources in 

areas designated as attainment or 

unclassifiable if the source or 

modification would cause impacts 

which exceed the significance levels 

specified in Appendix B at any locality 

that does not, or would not, meet the 

NAAQS. The proposed changes to this 

rule remove these provisions in their 

entirety from Section 4 and move them, 

with revisions compliant with 40 CFR 

51.165, to Section 15. The revised 

Section 4 establishes baseline emissions 

limits for which emission reduction 

credits are determined. The text added 

in this section regulates allowable 

credits and includes provisions 

pertaining to credits for shutting down 

an existing emissions unit, the 

replacement of one hydrocarbon 

compound with another of lesser 

reactivity, the requirement that offset 

credits be federally enforceable, offset 

requirements for owners of new sources 

and modifying sources, and limitations 

on credit claimed. 

Section 5—As revised, the existing 

Section 5, Conditions for Approval, is 

now titled Fugitive Emissions. The 

existing Section 5 regulates the 

conditions for approval to construct in 

a nonattainment area. As revised, the 

text under this section is removed in its 

entirety and, as mentioned above, 

conditions for approval are discussed in 

the proposed language of revised 

Section 3. The proposed language in the 

revised Section 5 establishes how 

fugitive emissions should be treated 

when evaluating NNSR applicability. 

EPA is not proposing to incorporate the 

language originating from the Ethanol 

Rule within Section 5.20, which states 

that ‘‘The term chemical processing 

plant shall not include ethanol 

production facilities that produce 

ethanol by natural fermentation 

included in NAICS codes 325193 or 

312140,’’ into the Jefferson County 

portion of Kentucky’s SIP in this notice. 

Section 6—As revised, the existing 

Section 6, Baseline for Determining 

Credit for Emission Offsets, is now titled 

Effect of Other Requirements. The 

existing Section 6 establishes the 

requirements for determining baseline 

emissions. This section is moved in its 

entirety to Section 4. The proposed 

language of the revised Section 6 

requires an owner or operator to comply 

with any requirements under local, 

state, or Federal law even after approval 

to construct has been given. 

Additionally, the revised Section 6 

establishes that when a relaxation of an 

enforcement limitation occurs and a 

source or modification is deemed a 

major source due to its capacity to emit 

a pollutant, the requirement of this 

provision will then apply to the source 

or modification in a manner as if 

construction had not commenced. 

Section 7—As revised, the existing 

Section 7, Administrative Procedures, is 

now titled Applicability Recordkeeping 

and Reporting. The existing text of 

Section 7 regulates the administrative 

procedures for managing sourceinitiated and District-initiated emission 

offsets, which are enforceable by the 

District and EPA. The proposed changes 

in Section 7 remove the text for 

administrative procedures in its entirety 

and replace it with provisions on 

applicability recordkeeping and 

reporting. As revised, Section 7 

provides specific recordkeeping and 

reporting provisions for any regulated 

NSR pollutant emitted from projects at 

existing emissions units at a major 

stationary source (other than projects at 

a source with a PAL) where there is a 

‘‘reasonable possibility’’ that a project 

that is not a part of a major modification 

may result in a significant emissions 

increase of such pollutant and the 

owner or operator elects to use the 

actual-to-projected-actual applicability 

process for calculating projected actual 

emissions. 

Section 8—As revised, the existing 

Section 8, Source Obligation, is now 

titled Availability of Documentation. 

The existing language of Section 8 

describes a source’s compliance 

obligations and the enforcement that 

may be taken against the source when 

the source fails to comply with these 

obligations. The failure to comply may 

occur when a source relaxes an 

enforceable emissions limitation such 

that the particular source or 

modification becomes a major stationary 

source or major modification solely by 

virtue of a relaxation in any 

enforcement limitation or when the 

source initiates construction of a source 

prior to obtaining a required permit. The 

proposed changes in Section 8 include 


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12 In a letter dated August 24, 2023, the District 

withdrew its request to remove Section 10— 

Protection of Visibility, from EPA’s consideration. 

Keeping Section 10—Protection of Visibility in the 

SIP allows the Commonwealth to maintain 

visibility provisions for the Jefferson County area in 

accordance with 40 CFR 51.307(b)(2). The request 

to add Section 10—Offset Ratio remains before EPA 

for consideration. The withdrawal would leave two 

sections numbered ‘‘10’’ in Rule 2.04: one locally 

effective on March 13, 1993, and the other locally 

effective on March 16, 2022. The District intends to 

address the duplicate numbering in a future 

submission. 

13 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.’’ See The History of Air Pollution Control 

in Louisville, available at https://louisvilleky.gov/ 

government/air-pollution-control-district/historyair-pollution-control-louisville. However, each of 

the regulations in the Jefferson County portion of 

the Kentucky SIP still has the subheading ‘‘Air 

Pollution Control District of Jefferson County.’’ 

Thus, to be consistent with the terminology used in 

the SIP, EPA refers throughout this notice to 

regulations contained in the Jefferson County 

portion of the Kentucky SIP as the ‘‘Jefferson 

County Regulations.’’ 

the removal of the existing text in its 

entirety and the addition of 

requirements for owners or operators to 

present documentation required by 

Section 7 upon request by the District or 

the general public. 

Section 9—As revised, the existing 

Section 9, Permit Condition Rescission, 

is now titled Applicability of VOC 

Requirements to Major Sources of NOX. 

The existing text under Section 9 

regulates the recission of permits that 

were issued prior to April 21, 1982. The 

proposed changes include removal of 

this text in its entirety. As revised, 

Section 9 provides that ‘‘[t]he 

requirements of this regulation 

applicable to major stationary sources 

and major modifications of volatile 

organic compounds shall apply to 

nitrogen oxides emissions from major 

stationary sources and major 

modifications of nitrogen oxides in an 

ozone transport region or in any ozone 

nonattainment area’’ except where the 

EPA Administrator has granted a NOX

waiver. 

Section 10—The proposed changes 

include the addition of a new Section 

10, Offset Ratio, which establishes the 

offset ratio provisions to accompany the 

conditions for approval provided in 

Section 3.12

Section 11—The proposed changes 

include the addition of a new Section 

11, Applicability to PM10 Precursors. 

This section provides that the 

requirements of Regulation 2.04 

applicable to major stationary sources 

and major modifications of particulate 

matter with a diameter of 10 microns or 

less (PM10) shall also apply to major 

stationary sources and major 

modifications of PM10 precursors, 

except where the Administrator 

determines that such sources do not 

contribute significantly to PM10 levels 

that exceed the PM10 ambient standards 

in the area. 

Section 12 and Section 13—Sections 

12 and 13 are added as ‘‘Reserved’’ 

sections for future use. 

Section 14—The proposed changes 

include the addition of a new Section 

14, Applicability to PM2.5 Precursors. 

This section provides that the control 

requirements of Regulation 2.04 

applicable to major stationary sources 

and major modifications of PM2.5 shall 

also apply to major stationary sources 

and major modifications of PM2.5

precursors in a PM2.5 nonattainment 

area, except that a reviewing authority 

may exempt new major stationary 

sources and major modifications of a 

particular precursor from the 

requirements of the rule for PM2.5 if the 

NNSR precursor demonstration 

submitted to and approved by EPA 

shows that such sources do not 

contribute significantly to PM2.5 levels 

that exceed the standard in the area. 

Section 15—The proposed changes 

include the addition of a new Section 

15, Applicability of Regulation in 

Attainment Areas. This section applies 

to any new major stationary source or 

major modification, as defined in 

paragraphs 1.4 and 1.5 of Regulation 

2.04, that would locate in any area 

designated as attainment or 

unclassifiable for any NAAQS when it 

would cause or contribute to a violation 

of any NAAQS. This section also 

includes the significance levels above 

which a source would be considered to 

cause or contribute to a violation of the 

NAAQS. It also provides that applicable 

sources may obtain sufficient emissions 

reductions to compensate for their 

impact on air quality. Lastly, the revised 

regulations clarify that Section 15 

sources need not be subject to the 

provisions of Section 15 for a regulated 

NSR pollutant if they can demonstrate 

that the area in which the source would 

be located is not in attainment for that 

particular regulated pollutant. 

Section 16—The proposed changes 

include the addition of a new Section 

16, Actuals PALs. This section 

establishes the provisions in which a 

reviewing authority may approve the 

use of an actuals PAL for any existing 

major stationary source and establishes 

relevant definitions pertaining to PALs. 

This section contains PAL regulations, 

including the requirements related to 

permit applications, public notice and 

comment, the establishment of PAL 

levels, and the components a PAL 

permit. 

Section 17 and Section 18—Sections 

17 and 18 are added as ‘‘Reserved’’ 

sections for future use. 

Section 19—The proposed changes 

include the addition of a new Section 

19, Public participation requirements. 

This section establishes the reviewing 

authority’s responsibility to notify the 

public of a draft permit and establishes 

how the notification must take place. 

Appendix A and Appendix B—As 

revised, existing Appendix A, 

Significant Pollutant and Emission Rate, 

and existing Appendix B, Significant 

Levels of Air Quality Impact, are 

removed in their entirety. The 

information that is provided in existing 

Appendix A and Appendix B is 

condensed into chart form in the revised 

Section 15. PM2.5 and PM10 are defined 

in Regulation 1.02. 

c. Nonattainment New Source Review 

Certification 

Jefferson County has a longstanding 

and fully implemented NNSR program 

that establishes air quality permitting 

requirements for the construction or 

modification of major stationary sources 

located within areas designated as 

nonattainment. The program, found at 

Jefferson County Regulation 2.04, 

Construction or Modification of Major 

Sources in or Impacting upon 

Nonattainment Areas (Emission Offset 

Requirements), contains NNSR 

permitting requirements for the 

Jefferson County portion of the 

Kentucky SIP.13 In its June 13, 2022, SIP 

revision, Kentucky, on behalf of the 

District, certified that the version of 

Regulation 2.04 proposed for 

incorporation into the Jefferson County 

portion of the Kentucky SIP satisfies the 

Federal NNSR requirements for the 

Jefferson County portion of the 

Louisville, KY-IN 2015 ozone moderate 

nonattainment area. The version of 

Regulation 2.04 that is contained in the 

current Jefferson County portion of the 

Kentucky SIP was approved into the SIP 

by EPA on October 23, 2001, see 66 FR 

53658, and was state effective as of 

March 17, 1993. 

As revised, Regulation 2.04 provides 

requirements for the 2015 ozone 

moderate nonattainment area for 

Jefferson County and remains adequate 

to meet all applicable NNSR 

requirements for the 2015 8-hour ozone 

NAAQS. EPA is therefore proposing to 

approve the District’s certification, 

submitted on its behalf by Kentucky, 

that Jefferson County Regulation 2.04, as 

proposed for incorporation into the SIP, 

meets the NNSR requirements for 

implementation of the 2015 8-hour 

ozone NAAQS. 


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14The Supplemental Analysis is available at 

https://www.epa.gov/sites/default/files/2015-08/ 

documents/nsr-analysis.pdf. 15See footnotes 11 and 12. 

d. Clean Air Act Sections 110(l) and 193 

Section 110(l) of the CAA requires 

that a revision to the SIP not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress (as defined in section 

171), or any other applicable 

requirement of the Act. As noted above, 

since the last time EPA approved 

amendments to Regulation 2.04, with a 

local effective date of March 17, 1993, 

EPA has updated the Federal NNSR 

regulations in 40 CFR 51.165 several 

times. These revisions include NSR 

Reform and the related Reasonable 

Possibility Provisions implemented 

through the December 31, 2002, final 

rule (67 FR 80186), with revisions per 

the November 7, 2003, final rule (68 FR 

63021), the June 13, 2007, final rule (72 

FR 32526), and the December 21, 2007, 

final rule (72 FR 72607) along with the 

adoption of the Project Emissions 

Accounting Rule. 85 FR 74890 

(November 24, 2020). The District’s 

updates to Regulation 2.04 are intended 

to align its NNSR rules with EPA’s 

current NNSR rules in 40 CFR 51.165. 

As discussed below, EPA’s proposed 

approval of the District’s Regulation 

2.04 into the Jefferson County portion of 

the Kentucky SIP is consistent with 

CAA section 110(l) and CAA section 

193. 

EPA’s national analysis in support of 

the 2002 NSR Reform Rules indicates 

that the non-vacated provisions of the 

NSR Reform Rules will have a neutral 

or beneficial impact. The three 

significant changes in the 2002 NSR 

Reform Rules are: (1) PALs, (2) the 2-in10 baseline, and (3) the actual-toprojected-actual applicability test. EPA’s 

Supplemental Environmental Analysis 

of the Impact of the 2002 Final NSR 

Improvement Rules (November 21, 

2002) (Supplemental Analysis) 14

discussed each of these three changes 

individually. 

With regard to PALs, the 

Supplemental Analysis explains, ‘‘EPA 

expects that the adoption of PAL 

provisions will result in a net 

environmental benefit. Our experience 

to date is that the emissions caps found 

in PAL-type permits result in real 

emissions reductions, as well as other 

benefits.’’ Supplemental Analysis, pg. 6. 

EPA further explained that, while it is 

difficult to quantify the emissions 

reductions associated with PALs, the 

PAL program will likely result in tens 

of thousands of tons of reductions of 

VOC from source categories where 

frequent operational changes are made, 

where these changes are time sensitive, 

and where there are opportunities for 

economical air pollution control 

measures. These reductions occur 

because by creating a tons per year 

plantwide emissions limit for a 

regulated NSR pollutant, sources have 

an incentive to control existing and new 

units in order to provide room under the 

cap such that the source can undertake 

subsequent operational changes over the 

life of the PAL. Supplemental Analysis, 

pg. 7. The Supplemental Analysis, and 

particularly Appendix B, provides 

additional details regarding EPA’s 

analysis of PALs and anticipated 

associated emissions decreases. 

With regard to the 2-in-10 baseline 

(see 40 CFR 51.165(a)(1)(xxxv)(B)), EPA 

concluded that ‘‘the environmental 

impact from the change in baseline EPA 

is now finalizing will not result in any 

significant change in benefits derived 

from the NSR program.’’ Supplemental 

Analysis at 13. This is mainly because 

‘‘the number of sources receiving 

different baselines likely represents a 

very small fraction of the overall NSR 

permit universe, excludes new sources 

and coal fired power plants, and 

because the baseline may shift in either 

direction, we conclude that any overall 

consequences would be negligible.’’ 

Supplemental Analysis, pg. 14. 

Additional information regarding the 2- 

in-10 baseline changes is available in 

the Supplemental Analysis, Appendix 

F. 

With regard to the actual-to-projectedactual test, EPA concluded, ‘‘We believe 

that the environmental impacts of the 

switch to the actual-to-projected actual 

test are likely to be environmentally 

beneficial. However, as with the change 

to the baseline, we believe the vast 

majority of sources, including new 

sources, new units, electric utility steam 

generating units, and units that actually 

increase emissions as a result of a 

change, will be unaffected by this 

change. Thus, the overall impacts of the 

NSR changes are likely to be 

environmentally beneficial, but only to 

a small extent.’’ Supplemental Analysis, 

pg. 14 (see also Supplemental Analysis 

Appendix G). EPA has no reason to 

believe that the environmental impacts 

will be substantially different from 

those discussed in the Supplemental 

Analysis for the 2002 NSR Reform 

Rules. Therefore, adopting the NSR 

Reform provisions into the Jefferson 

County portion of the Kentucky SIP is 

consistent with CAA section 110(l). 

Regarding the adoption of the Project 

Emissions Accounting (PEA) Rule, as 

EPA noted in the response to comments 

document for the PEA Rule, 

‘‘implementation of [the PEA Rule] will 

not cause states to violate the antibacksliding requirements of the Clean 

Air Act. Allowing for PEA is consistent 

with the intent of the 2002 NSR Reform 

Rule and is more consistent with the 

Act than implementing Step 1 without 

PEA. That is because PEA would not 

subject a project which does not 

significantly increase emissions in and 

of itself, or actually result in a decrease 

[in] emissions, from being subject to 

NSR.’’ See Response to Comments 

Document on Proposed Rule: 

‘Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR): Project Emissions 

Accounting’’—84 FR 39244, August 9, 

2019 (October 2020), at pg. 114. 

Therefore, adopting the PEA provisions 

into the Jefferson County portion of the 

Kentucky SIP is consistent with CAA 

section 110(l). 

Section 193 of the CAA prohibits 

modification of any control requirement 

in effect before November 15, 1990, in 

a current nonattainment area, unless the 

modification ‘‘insures equivalent or 

greater emissions reductions.’’ Section 

193 does not apply here because the 

state-effective date of Louisville’s 

Regulation 2.04 is March 17, 1993. 

Additionally, EPA anticipates a neutral 

to positive air quality benefit from 

adoption of these rules, and therefore 

these rules will ensure ‘‘equivalent or 

greater emission reductions’’ of air 

pollution in accordance with CAA 

section 193. 

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 Sections I and II of this 

preamble, EPA is proposing to 

incorporate by reference Jefferson 

County Regulation 2.04, Version 8, 

‘‘Construction or Modification of Major 

Sources in or Impacting upon NonAttainment Areas (Emission Offset 

Requirements),’’ locally effective on 

March 16, 2022, except for the ethanol 

production facilities exclusion in 

Sections 1.4.3.20 and 5.20, which EPA 

is not proposing to act on at this time. 

Additionally, EPA proposes to maintain 

Sections 2.2.20 and 10 from Version 7 

of Regulation 2.04, locally effective on 

March 17, 1993.15 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


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INFORMATION CONTACT section of this 

preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve changes 

to the Jefferson County portion of the 

Kentucky SIP, submitted on June 13, 

2022, with the exception of the ethanol 

production facilities exclusion in 

Regulations 1.4.3.20 and 5.20, which 

EPA is not proposing to act on at this 

time. These revisions will align 

Jefferson County Regulation 2.04, with 

Federal NNSR regulations at 40 CFR 

51.165. Additionally, EPA is proposing 

to approve Jefferson County’s 

certification of NNSR requirements for 

the 2015 8-hour ozone NAAQS for the 

Jefferson County portion of the 

Louisville, KY-IN 2015 ozone moderate 

nonattainment area which meets the 

requirements of CAA sections 172(c)(5) 

and 173 and 40 CFR 51.165 and 

51.1314. EPA has determined that the 

requested changes in Kentucky’s June 

13, 2022, SIP revision will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of 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. 

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. 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.’’ 

Jefferson County evaluated EJ 

considerations as part of its SIP 

submittal even though the CAA and 

applicable implementing regulations 

neither prohibit nor require an 

evaluation. The analysis was done for 

the purpose of providing additional 

context and information about this 

proposed rulemaking to the public, not 

as a basis of the proposed action. EPA 

is proposing action under the CAA on 

bases independent of Jefferson County’s 

evaluation of EJ. In addition, there is no 

information in the record upon which 

this decision is based that is 

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, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: January 16, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–01029 Filed 1–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2023–0482; FRL–11618– 

01–R5] 

Air Plan Approval; Indiana; Lake and 

Porter 2008 Ozone NAAQS 

Maintenance Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

Indiana’s September 21, 2023, state 

implementation plan (SIP) submission 

which revises the 2008 ozone 

maintenance plan for the Indiana 

Portion (Lake and Porter Counties) of 

the Chicago Naperville, IL-IN-WI area. 

This SIP submission updates onroad 

vehicle emissions inventories for oxides 

of nitrogen (NOX) and volatile organic 

compounds (VOC) for the years 2019, 

2030 and 2035. In addition to updated 

emissions inventories, this SIP revision 

updates the Motor Vehicle Emissions 

Budgets (budgets) for NOX and VOC for 

the years 2030 and 2035. EPA is 

proposing to approve the allocation of a 

portion of the safety margins for NOX

and VOC in the ozone maintenance plan 

to the 2030 and 2035 budgets. Total year 

2030 and 2035 emissions of NOX and 

VOC for the area will remain below the 

attainment level required by the 

transportation conformity regulations. 

DATES: Comments must be received on 

or before February 20, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2023–0482 at https:// 


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