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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Rules and Regulations
County portion of the Kentucky SIP,1
which included miscellaneous rule revisions and the recodification of Air Pollution Control District APCD of Jefferson County regulations. These revisions were submitted to EPA on May 21, 1999, by the Commonwealth of Kentucky on behalf of Jefferson County.
Among these revisions were requirements for permitting the demolition and renovation of facilities with asbestos, in accordance with 40
CFR part 61, subpart M, National Emission Standard for Asbestos. The asbestos requirements were adopted by Jefferson County in paragraphs 1.3, 5.3, and 5.6 of Regulation 2.03, Permit Requirements, Non-Title V Construction and Operating Permits and Demolition/
Renovation Permits, and this regulation was part of the recodified rules included in the May 21, 1999, submittal. In the October 23, 2001, final rule, EPA
inadvertently incorporated the asbestos requirements in Regulation 2.03, Permit Requirements, Non-Title V Construction and Operating Permits and Demolition/
Renovation Permits, into the Jefferson County portion of the Kentucky SIP.
The version of the rules incorporated into the SIP were effective in Jefferson County on December 15, 1993.
Section 110k6 of the CAA provides EPA with the authority to make corrections to prior SIP actions that are subsequently found to be in error in the same manner as the prior action, and to do so without requiring any further submission from the State.2 While section 110k6 provides EPA with the authority to correct its own error, nowhere does this provision or any other provision in the CAA define what qualifies as error. Thus, EPA believes that the term should be given its plain language, everyday meaning, which 1 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. See The History of Air Pollution Control in Louisville, available at https louisvilleky.gov/
government/air-pollution-control-district/historyair-pollution-control-louisville. However, each of the regulations in the Jefferson County portion of the Kentucky SIP still has the subheading Air Pollution Control District of Jefferson County.
Thus, to be consistent with the terminology used in the SIP, EPA refers throughout this notice to regulations contained in the Jefferson County portion of the Kentucky SIP as the Jefferson County regulations.
2 Section 110k6 states that Whenever the Administrator determines that the Administrators action approving, disapproving, or promulgating any plan or plan revision or part thereof, area designation, redesignation, classification, or reclassification was in error, the Administrator may in the same manner as the approval, disapproval, or promulgation revise such action as appropriate without requiring any further submission from the State. Such determination and the basis thereof shall be provided to the State and public.

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includes all unintentional, incorrect, or wrong actions or mistakes.
The May 21, 1999, submission contained changes to Regulation 2.03, Permit Requirements, Non-Title V
Construction and Operating Permits and Demolition/Renovation Permits, that contain asbestos requirements in paragraphs 1.3, 5.3 and 5.6. EPAs October 23, 2001, approval of these requirements into the Jefferson County portion of the Kentucky SIP was in error. These paragraphs are appropriate for State and local agencies to adopt and implement, but it is not necessary or appropriate to incorporate them into the applicable SIP because asbestos requirements are not related to the attainment and maintenance of the NAAQS. EPA proposed to remove these paragraphs from Regulation 2.03 in a notice of proposed rulemaking on March 4, 2021, and received no comments. See 86 FR 12554. EPA is therefore removing these paragraphs from the SIP.
II. Incorporation by Reference In this document, EPA is amending regulatory text that includes incorporation by reference. Specifically, EPA is removing paragraphs 1.3, 5.3, and 5.6 asbestos requirements of Regulation 2.03, Permit Requirements, Non-Title V Construction and Operating Permits and Demolition/Renovation Permits, from the Jefferson County portion of the Kentucky SIP, which is incorporated by reference in accordance with requirements of 1 CFR 51.5. The remainder of Regulation 2.03, Permit Requirements, Non-Title V Construction and Operating Permits and Demolition/
Renovation Permits, will remain incorporated in the Jefferson County portion of the Kentucky SIP. 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.
III. Final Action EPA is removing paragraphs 1.3, 5.3, and 5.6 of APCD Regulation 2.03, Permit Requirements, Non-Title V Construction and Operating Permits and Demolition/
Renovation Permits, from the Jefferson County portion of the SIP because they are not related to the attainment and maintenance of the NAAQS.
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
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Act and applicable Federal regulations.
See 42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the CAA. 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 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 Public Law 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of Section 12d 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; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement
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