Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Proposed Rules 3619 

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:// 


ddrumheller on DSK120RN23PROD with PROPOSALS1
3620 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Proposed Rules 

1Primary standards provide public health 

protection, including protecting the health of 

‘‘sensitive’’ populations such as asthmatics, 

children, and the elderly. Secondary standards 

provide public welfare protection, including 

protection against decreased visibility and damage 

to animals, crops, vegetation, and buildings. 

www.regulations.gov or via email to 

leslie.michael@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Emily Crispell, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8512, 

crispell.emily@epa.gov. The EPA Region 

5 office is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays and facility closures 

due to COVID–19. 

SUPPLEMENTARY INFORMATION: In the 

Rules and Regulations section of this 

issue of the Federal Register, EPA is 

approving the state’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

relevant adverse comments are received 

in response to this rule, no further 

activity is contemplated. If EPA receives 

such comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this issue of the Federal Register. 

Dated: January 10, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2024–00789 Filed 1–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2022–0714; FRL 11587–01– 

R2] 

Approval of Source-Specific Air 

Quality Implementation Plan; New 

York; Finch Paper LLC 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the State of New York’s State 

Implementation Plan (SIP) for the ozone 

National Ambient Air Quality Standard 

(NAAQS) related to a Source-specific 

SIP (SSSIP) revision for Finch Paper 

LLC, located at 1 Glen Street, Glens 

Falls, New York (Facility). The control 

options in this SSSIP revision address 

nitrogen oxide (NOX) Reasonably 

Available Control Technology (RACT) 

for the Facility sources identified as four 

power boilers, a wood waste boiler, and 

four recovery boilers. The intended 

effect of this SSSIP revision is to 

approve NOX RACT for the Facility 

sources required for implementation of 

the 2008 and 2015 ozone NAAQS. This 

proposed action will not interfere with 

ozone NAAQS requirements and meets 

all applicable requirements of the Clean 

Air Act (CAA). 

DATES: Comments must be received on 

or before March 19, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2022–0714, at https://

www.regulations.gov. 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 

form. Publicly available docket 

materials are available electronically 

through http://www.regulations.gov. 

Follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or 

withdrawn. 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. 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). For 

additional submission methods, such as 

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: 

Linda Longo, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3565, or by email at 

longo.linda@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information on regulatory 

background and the EPA’s technical 

findings relating to the Facility RACT, 

the reader can refer to the Technical 

Support Document (TSD) that is 

contained in the EPA docket assigned to 

this Federal Register document. 

Table of Contents 

I. Background 

II. The EPA’s evaluation of New York’s SSSIP 

revision 

III. Environmental Justice Considerations 

IV. Proposed action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

Ground Level Ozone Formation 

Ground level ozone is predominantly 

a secondary air pollutant created by 

chemical reactions that occur when 

ozone precursors, including nitrogen 

oxides (NOX) and volatile organic 

compounds (VOCs), chemically react in 

the presence of sunlight.1 Emissions 


ddrumheller on DSK120RN23PROD with PROPOSALS1