SUPPLEMENTARY INFORMATION:

I. Background

Each State has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.

Each State must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to EPA. Once these control measures and strategies are approved by EPA, and after notice and comment, they are incorporated into the federally-approved SIP and are identified in part 52—“Approval and Promulgation of Implementation Plans,” Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the State regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference.” This means that EPA has approved a given State regulation or specified changes to a given regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in the SIP. The information provided allows EPA and the public to monitor the extent to which a State implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP.

The SIP is a living document which the State can revise as necessary to address the unique air pollution problems in the State. Therefore, EPA from time to time must take action on proposed revisions containing new or revised regulations. A submission from a State can revise one or more rules in their entirety or portions of rules. The State indicates the changes in the submission (such as by using redline/strikethrough text), and EPA then takes ( printed page 78233) action on the requested changes. EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on www.regulations.gov.

On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials approved by EPA into each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing EPA approval of revisions to a SIP, and streamlined the mechanisms for EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for EPA to maintain “SIP Compilations” that contain the federally approved regulations and source-specific permits submitted by each State agency. EPA generally updates these SIP Compilations on an annual basis. Under the revised procedures, EPA must periodically publish an informational document in the rules section of the Federal Register notifying the public that updates have been made to a SIP Compilation for a particular State. EPA began applying the 1997 revised procedures to the Commonwealth on May 27, 1999 (64 FR 28748), to Jefferson County, Kentucky, on October 23, 2001 (66 FR 53658), and to EPA-Approved Kentucky Source-Specific Requirements on May 27, 1999 (64 FR 28748) and is providing this notice in accordance with such procedures.

II. EPA Action

In this action, EPA is providing notice of an update to the materials incorporated by reference into the Commonwealth's SIP as of September 30, 2022, and identified in 40 CFR 52.920(c) and (d). This update includes SIP materials approved by EPA since the last IBR update. See69 FR 1677 (January 12, 2004). In addition, EPA is providing notice of the following corrections and clarifying changes to 40 CFR 52.920(c) and (d):

Changes Applicable to Paragraph (c), Table 1—EPA-Approved Kentucky Laws and Regulations

A. Correcting Table (c)'s title, from “ (c) EPA approved regulations ” to “ (c) EPA-approved laws and regulations ”.

B. Changing Table 1's header of paragraph (c) from “EPA-Approved Kentucky Regulations” to “EPA-Approved Kentucky Laws and Regulations”.

C. Under the “State effective date” and “EPA approval date” removing the leading zero from the month and day, changing the 2-digit year to reflect a 4-digit year (for consistency), and correcting Federal Register citations to reflect the beginning page of the preamble as opposed to that of the regulatory text.

D. Removing the period after all Federal Register citations (for consistency) under “EPA approval date”.

E. Changing the EPA approval date under Chapter 50, 401 KAR 50:055, from “5/4/1989, 54 FR 19169” to “12/4/1986, 51 FR 43742”, to accurately reflect revisions made to the respective rule.

F. Correcting a typographical error in the CFR under Chapter 50, 401 KAR 50:066, by changing the title from “Conformity of transportation plans, programs, and projects. (Amendment)” to “Conformity of transportation plans, programs, and projects (Amendment)”.

G. Adding language “Except the phrase `except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140' in 401 KAR 51:001 Section 1(118)(a)(2)(a) and the phrase `except ethanol production facilities producing ethanol by natural fermentation under NAICS codes 325193 or 312140' in 401 KAR 51:001 Section 1(118)(c)(20)” into the “Explanation” for the entry under Chapter 51, 401 KAR 51:001, to better reflect the action described in 75 FR 55988.

H. Adding language “With the exception of the SILs and SMC provisions for PM_2.5, and except the phrase `except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140' in 401 KAR 51:017 Section 7(1)(c)20” for the entry under Chapter 51, 401 KAR 51:017, to better reflect the action described in 75 FR 55988.

I. Adding language “With the exception of the SILs and SMC provisions for PM_2.5 and except the phrase `except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140' in 401 KAR 51:052 Section 2(3)(t)” for the entry under Chapter 51, 401 KAR 51:052, to better reflect the actions described in 79 FR 65143 and 75 FR 55988, respectively.

J. Correcting a typographical error in the CFR under Chapter 51, 401 KAR 51:052, by changing the title “Review of new sources in or impacting nonattainment areas” to “Review of new sources in or impacting upon nonattainment areas”.

K. Changing the effective date of 401 KAR 51:052 because Kentucky's September 23, 2011, SIP revision, with an effective date of August 4, 2011, is captured and superseded by Kentucky's January 31, 2013, SIP revision, state effective on December 7, 2012, which EPA previously approved on November 3, 2014.

L. Changing the State Citation title “** 401 KAR 52:040” to “401 KAR 52:040”.

M. Adding language “Except for references to hydrogen sulfide, fluorides, and odor” into the “Explanation” for the entry under Chapter 53, 401 KAR 53:010, to better reflect the action described in 82 FR 42746.

N. Correcting a typographical error for State citation 401 KAR 59:105 by changing the title, “New process gas steams” to “New process gas streams”.

O. Correcting a typographical error in the CFR under Chapter 61, 401 KAR 61:001, changing the title “Definitions and abbreviations of terms used in the Title 401, Chapter 61” to “Definitions for 401 KAR Chapter 61”.

P. Including an EPA approval date and a Federal Register citation for 401 KAR 61:001.

Changes Applicable to Paragraph (c), Table 2—EPA-Approved Jefferson County Regulations for Kentucky

A. Under the “State effective date” and “EPA approval date” removing the leading zero from the month and day, changing the 2-digit year to reflect a 4-digit year (for consistency), and correcting Federal Register citations to reflect the beginning page of the preamble as opposed to that of the regulatory text.

B. Adding the phrase “Except for paragraphs 1.3, 5.3 and 5.6 regarding asbestos demolition, which were removed from the federally approved SIP by EPA on 5/7/2021” into the “Explanation” for the entry under Reg 2, Reg 2.03 to reflect the action described in 86 FR 24505.

C. Reformatting Reg 6, specifically 6.44 and 6.45, to be in sequential order.

D. Removing the heading “Reg 8—Mobile Source Emissions Control”.

Changes Applicable to Paragraph (d) EPA-Approved Kentucky Source-Specific Requirements

A. Under the “State effective date” and “EPA approval date” removing the leading zero from the month and day, changing the 2-digit year to reflect a 4-digit year (for consistency), correcting ( printed page 78234) various dates under “State effective date,” and correcting Federal Register citations to reflect the beginning page of the preamble as opposed to that of the regulatory text of the regulatory text.

B. Removing the period after all Federal Register citations (for consistency) under “EPA approval date”.

C. Rephrasing the “Explanation” for entry “Calgon Carbon Corporation”, specifically for emission points 32, 34, 39, 40, to be in sequential order.

D. Removing the duplicate “TVA Paradise Permit” entry with “Permit No.” “KDEPDAQ Permit 0-87-012”.

E. Correcting a typographical error in the “Explanation” column for the entry “Source-Specific SIP Revision for Avis Budget Car Rental Group” by adding a period to read as follows: “Removal of stage II requirements.”

F. Under “Variance for seven perchloroethylene dry cleaners”, the State effective date is revised from “8/4/1982” to “7/30/1982”.

G. Under “Variance for two dry cleaners”, the State effective date is revised from “1/27/1983” to “1/12/1983”.

H. Under “Variance for Jiffy and Hiland Dry Cleaners”, the State effective date is revised from “4/25/1984” to “3/30/1984.

I. Correcting a typographical error in the CFR under “Opacity variance for boiler Units 1 and 2 of TVA's Paradise Steam Plant” by changing the State effective date from “7/24/1996” to “7/24/1986”.

III. Good Cause Exemption

EPA has determined that this action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, makes typographical/ministerial revisions to the tables in the CFR, and makes ministerial changes to the prefatory heading to the tables in the CFR. Under section 553(b)(3)(B) of the APA, an agency may find good cause where procedures are “impracticable, unnecessary, or contrary to the public interest.” Public comment for this administrative action is “unnecessary” and “contrary to the public interest” since the codification (and corrections) only reflect existing law and the changes to the prefatory heading to the tables are ministerial in nature. Immediate notice of this action in the Federal Register benefits the public by providing the public notice of the updated Kentucky SIP Compilation and notice of corrections and clarifications to the Commonwealth's “Identification of Plan” portion of the CFR. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP Compilation and the CFR “Identification of plan” section (which includes table entry corrections).

IV. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of regulations promulgated by Kentucky, previously approved by EPA and federally effective before to September 30, 2022, contained in “Kentucky, Volume 1, 40 CFR 52.920(c)(1), EPA-Approved Kentucky Laws and Regulations”, “Kentucky, Volume 2, 40 CFR 52.920(c)(2), EPA-Approved Jefferson County Regulations”, and “Kentucky, Volume 3, 40 CFR 52.920(d), EPA-Approved Kentucky Source-Specific Requirements”. 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).

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. See42 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 final rule and notification of administrative change 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 13563 (76 FR 3821, January 21, 2011);
• 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject toExecutive 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.

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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on Tribal governments or preempt Tribal law.

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 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.” 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 ( printed page 78235) is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving EJ for people of color, low-income populations, and Indigenous peoples.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 804(2).

EPA also believes that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. This is because prior EPA rulemaking actions for each individual component of the Kentucky SIP compilation previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA believes judicial review of this action under section 307(b)(1) is not available.

40 CFR part 52, is amended as follows:

88 FR 78232