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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105463-105465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30741]

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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.

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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 
[email protected].

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.
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    \1\ EPA 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.
    \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 
document 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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    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, District-effective on March 15, 
2023, which clarifies that a fire for general

[[Page 105464]]

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\
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    \4\ 62 FR 27968 (May 22, 1997).
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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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. In Sec.  52.920(c), in Table 2 under the center heading ``Reg 1--
General Provisions'' revise the entry for 1.11 to read as follows:

Sec.  52.920   Identification of plan.

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    (c) * * *

[[Page 105465]]

                Table 2 to Paragraph (c)--EPA-Approved Jefferson County Regulations for Kentucky
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                                           EPA approval      Federal Register        District
       Reg             Title/subject           date               notice          effective date    Explanation
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                                            Reg 1--General Provisions
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                                                  * * * * * * *
1.11............  Control of Open               12/27/24  [Insert first page of        3/15/2023
                   Burning.                                Federal Register
                                                           citation].
 
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[FR Doc. 2024-30741 Filed 12-26-24; 8:45 am]
BILLING CODE 6560-50-P
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