[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Proposed Rules]
[Pages 86771-86772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25244]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0339; FRL-12355-01-R4]


Air Plan Approval; KY; Revisions to Jefferson County Control of 
Open Burning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Kentucky, through the Kentucky Division for Air Quality 
(KDAQ) on behalf of the Louisville Metro Pollution Control District 
(Jefferson County or District) via a letter dated May 30, 2023. The 
purpose of the revision is to clarify that a fire for general 
agricultural production must be a controlled burn; to allow the use of 
District-approved accelerants to start certain fires; and to adjust 
paragraph numbering. EPA is proposing to approve the changes pursuant 
to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before December 2, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0339 at regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Simone Jarvis, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8393. Ms. Jarvis can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#52183320243b217c013b3f3d3c37123722337c353d24"><span class="__cf_email__" data-cfemail="276d4655514e5409744e4a4849426742574609404851">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 30, 2023,\1\ KDAQ, on behalf of the District, submitted 
changes to the Jefferson County portion of the Kentucky SIP for EPA 
approval.\2\ In this proposed rulemaking, EPA is proposing to approve 
changes to Jefferson County Regulation 1.11, Control of Open 
Burning.\3\
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    \1\ EPA received the May 30, 2023, submittal on May 31, 2023. 
For clarity, throughout this notice EPA will refer to the May 31, 
2023, submission by its cover letter date of May 30, 2023.
    \2\ The May 30, 2023, submittal also contains changes to 
Jefferson County Regulation 1.02, Definitions, in the Jefferson 
County portion of the Kentucky SIP. EPA addressed those changes in a 
separate rulemaking. See 89 FR 41319 (May 13, 2024).
    \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.
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II. EPA's Analysis of Kentucky's SIP Revision

    Kentucky's May 30, 2023, SIP revision contains a version of 
Regulation 1.11, Control of Open Burning, that was adopted by the 
District on March 15, 2023 (referred to as ``Version 11'' by the 
District). The District requests that EPA incorporate Version 11 into 
the SIP and identifies three changes in Regulation 1.11 between Version 
11 and Version 10, the version of the rule currently in the SIP.
    The District's first proposed change adds the phrase ``i.e., a 
controlled burn'' to Section 2.1.4 to clarify that ``a fire for general 
agricultural production'' must be a controlled burn.
    The District's second proposed change adds an exception to Section 
2.4. Section 2.4 prohibits the use of tires, used oil, heavy oil, 
gasoline, diesel fuel, kerosene, or similar accelerants to start or 
maintain combustion of any fire described in Section 2.1. The proposed 
exception would allow the use of District-approved liquid accelerants 
to start fires for general agricultural production for weed abatement, 
disease control, or pest prevention or for recognized silvicultural, 
range, native grassland, or wildlife management practices that have 
been approved by the District pursuant to Section 2.1.4.
    District-allowed accelerants are petroleum products, and these 
controlled burns are typically ignited by using two gallons of gasoline 
and five gallons of diesel fuel per 25 acres. In the past five years, 
the District has approved 32 fires for general agricultural production 
for weed abatement, disease control, or pest prevention or for 
recognized silvicultural, range, native grassland, or wildlife 
management practices. EPA preliminarily agrees with the District's 
determination that there are no significant increases or reductions in 
the estimated level of emissions due to this revision. Any change in 
emissions due to the use of liquid accelerants for initiating and 
maintaining controlled burns is expected to have a de minimis impact on 
the relevant criteria pollutants (i.e., ozone and particulate matter) 
and is not expected to interfere with any applicable requirement 
concerning attainment of the national ambient air quality standards 
(NAAQS). This revision was requested by prescribed fire practitioners 
and is reflective of typical practices for controlled burns.
    The District's third proposed change renumbers the paragraph breaks 
for subsections 2.1.8 and 2.1.9, and removes subsection 2.1.10. These 
numbering changes do not affect the language of the rule or otherwise 
have any substantive impact. Given the nature of this change and the 
other changes described above, EPA is proposing that the SIP revision 
will not interfere with any applicable requirement concerning 
attainment of the NAAQS, reasonable further progress, or any other 
applicable requirement of the CAA.\4\
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    \4\ See CAA section 110(l).
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III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, and as discussed in section II of this 
document, EPA is proposing to incorporate by reference Jefferson County 
Regulation 1.11, Control of Open Burning, Version 11, District-
effective on March 15, 2023, which clarifies that a fire for general 
agricultural production must be a controlled burn; to allow the use of 
District-approved accelerants to start certain fires; and to adjust 
paragraph numbering. EPA has made, and will continue to make, these 
materials generally available through

[[Page 86772]]

www.regulations.gov and at the EPA Region 4 office (please contact the 
person identified in the ``For Further Information Contact'' section of 
this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the changes to Regulation 1.11, Control 
of Open Burning, of the Jefferson County portion of the Kentucky SIP, 
submitted by the Commonwealth on May 30, 2023, for the reasons 
discussed above. The SIP revision updates the current SIP-approved 
version of Regulation 1.11 (Version 10) to Version 11.

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 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. 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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 proposing 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 rulemaking 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 communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines EJ as ``the fair treatment and meaningful involvement of 
all people regardless of race, color, national origin, or income with 
respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.'' EPA further defines 
the term fair treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    The District did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this proposed action. Due to the 
nature of the action being proposed here, this proposed action is 
expected to have a neutral impact on the air quality of the affected 
area. Consideration of EJ is not required as part of this proposed 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving EJ for communities with EJ 
concerns.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: October 24, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-25244 Filed 10-30-24; 8:45 am]
BILLING CODE 6560-50-P


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