Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105463 

1EPA received the May 30, 2023, submittal on 

May 31, 2023. For clarity, throughout this 

document EPA will refer to the May 31, 2023, 

submission by its cover letter date of May 30, 2023. 

2The 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 document we 

refer to the District regulations contained in the 

Jefferson County portion of the Kentucky SIP as the 

‘‘Jefferson County’’ regulations. 

Title 

State 

effective 

date 

EPA effective 

date 

Final rule 

citation/date Comments 

* * * * * * * 

II. General .................................................................................... 2/14/2023 1/27/2025 [insert Federal 

Register 

citation], 12/ 

27/2025 

Previous SIP approval 1/ 

25/2016 except for II.I. 

and II.J.5. Substantive 

changes removing II.E. 

and II.J. approved 12/27/ 

2025. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–30695 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0339; FRL–12355– 

02–R4] 

Air Plan Approval; KY; Revisions to 

Jefferson County Control of Open 

Burning 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the Jefferson County portion of the 

Kentucky State Implementation Plan 

(SIP) submitted by the Commonwealth 

of Kentucky through the Kentucky 

Division for Air Quality (KDAQ) on May 

30, 2023. The changes were submitted 

by KDAQ on behalf of the Louisville 

Metro Air Pollution Control District 

(District, also referred to herein as 

Jefferson County). EPA is approving 

changes to the District’s rules which 

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 

approving the changes pursuant to the 

Clean Air Act (CAA or Act) and its 

implementing regulations. 

DATES: This rule is effective January 27, 

2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2023–0339. All documents in the docket 

are listed on the regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that, 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Simone Jarvis, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8393. Ms. Jarvis can also be 

reached via electronic mail at 

Jarvis.Simone@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 31, 2023,1 KDAQ, on behalf 

of the District, submitted changes to the 

Jefferson County portion of the 

Kentucky SIP for EPA approval.2 3 In 

this rulemaking, EPA is approving 

changes to Regulation 1.11, Control of 

Open Burning. 

Through a notice of proposed 

rulemaking (NPRM) published on 

October 31, 2024 (89 FR 86771), EPA 

proposed to approve changes to the 

District’s Regulation 1.11, Control of 

Open Burning, which included three 

changes. The first change was the 

addition of 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 second 

change was the addition of an exception 

to Section 2.4 allowing 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. 

The third and final 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. 

In this rulemaking, EPA is finalizing 

its approval of the District’s May 31, 

2023, request to incorporate Version 11 

of Regulation 1.11 into the SIP, 

replacing Version 10, the version of the 

rule currently in the SIP. EPA’s 

rationale for approving the changes is 

described in the October 31, 2024, 

NPRM. Comments on the October 31, 

2024, NPRM were due on or before 

December 2, 2024. No comments were 

received on the October 31, 2024, 

NPRM, adverse or otherwise. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, and as discussed in Section I of 

this preamble, EPA is finalizing the 

incorporation by reference of Jefferson 

County Regulation 1.11, Version 11, 

Control of Open Burning, Districteffective on March 15, 2023, which 

clarifies that a fire for general 


khammond on DSK9W7S144PROD with RULES
105464 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

4 62 FR 27968 (May 22, 1997). 

agricultural production must be a 

controlled burn; allows the use of 

District-approved accelerants to start 

certain fires; and adjusts paragraph 

numbering. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.4

III. Final Action 

EPA is approving the aforementioned 

changes to Regulation 1.11, Control of 

Open Burning, submitted to EPA on 

May 31, 2023. EPA has determined that 

the requested changes in Kentucky’s 

May 31, 2023, SIP revision will not 

interfere with any applicable 

requirement concerning attainment, or 

any other applicable requirement of the 

CAA. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

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 action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 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, 

Feb. 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. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, or 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment. 

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 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. 12898/14096 

of achieving EJ for communities with EJ 

concerns. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 25, 

2025. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, 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. 

Dated: December 19, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart S—Kentucky 

■ 2. In § 52.920(c), in Table 2 under the 

center heading ‘‘Reg 1—General 

Provisions’’ revise the entry for 1.11 to 

read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 


khammond on DSK9W7S144PROD with RULES
Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105465 

TABLE 2 TO PARAGRAPH (c)—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject EPA approval 

date Federal Register notice District effective date Explanation 

Reg 1—General Provisions 

* * * * * * * 

1.11 ... Control of Open Burning ......................... 12/27/24 [Insert first page of Federal Register citation].3/15/2023 

* * * * * * * 

* * * * * 

[FR Doc. 2024–30741 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R01–OAR–2024–0367; FRL–12222– 

02–R1] 

Outer Continental Shelf Air 

Regulations; Amendment to State 

Requirements Incorporated by 

Reference; Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating a portion of 

the Outer Continental Shelf (OCS) Air 

Regulations. Requirements applying to 

OCS sources located within 25 miles of 

states’ seaward boundaries must be 

updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (COA), as 

mandated by the Clean Air Act. The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources for which 

Massachusetts is the designated COA. 

This final rule removes two 

Commonwealth of Massachusetts 

provisions from the compilation of 

requirements incorporated by reference 

in the Code of Federal Regulations and 

listed in the appendix to the Federal 

OCS air regulations. 

DATES: This rule is effective on January 

27, 2025. The incorporation by reference 

of a certain publication listed in this 

rule is approved by the Director of the 

Federal Register as of January 27, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2024–0367. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Collins, Air and Radiation 

Division, U.S. Environmental Protection 

Agency, EPA Region 1, U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA 02109, 

(617) 918–1196, collins.patrick@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 4, 1992, the EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the Clean Air Act (CAA). The 

regulations at 40 CFR part 55 apply to 

all OCS sources offshore of the states 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the CAA requires that for 

such sources located within 25 miles of 

a state’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the COA. Because the OCS 

requirements are based on onshore 

requirements, and onshore requirements 

may change, section 328(a)(1) of the 

CAA requires that the EPA update the 

OCS requirements as necessary to 

maintain consistency with onshore 

requirements. 

On September 17, 2008 (73 FR 53718), 

the EPA finalized a consistency update 

of the OCS air regulations pertaining to 

the requirements of OCS sources in the 

Commonwealth of Massachusetts. The 

update was the result of a Notice of 

Intent (NOI) being submitted on 

December 7, 2007 by Cape Wind 

Associates, LLC. The rules incorporated 

by reference into Appendix A of 40 CFR 

part 55 were applicable provisions of 

310 Code of Massachusetts Regulations 

(CMR) 4.00: Timely Action Schedule 

and Fee Provisions; 310 CMR 6.00: 

Ambient Air Quality Standards for the 

Commonwealth of Massachusetts; 310 

CMR 7.00: Air Pollution Control; and 

310 CMR 8:00: The Prevention and/or 

Abatement of Air Pollution Episode and 

Air Pollution Incident Emergencies. 

On August 24, 2010 (75 FR 51968), 

the EPA finalized a consistency update 

of the OCS regulations pertaining to the 

requirements of OCS sources in the 

Commonwealth of Massachusetts. This 

update was the result of EPA’s annual 

review of the Commonwealth of 

Massachusetts regulations. The rules 

incorporated by reference into 

Appendix A of 40 CFR part 55 were 

updates and new requirements of 310 

CMR 4.00: Timely Action Schedule and 

Fee Provisions; 310 CMR 6.00: Ambient 

Air Quality Standards for the 

Commonwealth of Massachusetts; 310 

CMR 7.00: Air Pollution Control; and 

310 CMR 8:00: The Prevention and/or 

Abatement of Air Pollution Episode and 

Air Pollution Incident Emergencies. 

A similar action occurred on 

November 13, 2018 (83 FR 56259) after 


khammond on DSK9W7S144PROD with RULES