80 FR 60805 - Approval and Promulgation of Implementation Plans; Kentucky: New Sources in or Impacting Nonattainment Areas
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 195 (October 8, 2015)
Federal Register Volume 80, Issue 195 (October 8, 2015)
| Page Range | 60805-60807 | |
| FR Document | 2015-25575 |
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)] [Rules and Regulations] [Pages 60805-60807] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25575] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0384; FRL-9935-22-Region 4] Approval and Promulgation of Implementation Plans; Kentucky: New Sources in or Impacting Nonattainment Areas AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve the Commonwealth of Kentucky's September 23, 2011, State Implementation Plan (SIP) revision, submitted through the Kentucky Division for Air Quality (KY DAQ), which modifies the SIP by making changes to Kentucky regulation, ``Review of new sources in or impacting upon nonattainment areas.'' EPA has determined that Kentucky's requested SIP revision meets the applicable provisions of the Clean Air Act (CAA or Act) and EPA regulations regarding Nonattainment New Source Review (NNSR) permitting. DATES: This rule is effective November 9, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0384. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not 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, Pesticides and Toxics Management 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: Zuri Farngalo, Air Regulatory Management [[Page 60806]] Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Farngalo can be reached by telephone at (404) 562-9152 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On September 23, 2011, KY DAQ submitted a SIP revision to EPA for approval that makes several changes to Kentucky's regulations at 401 Kentucky Administrative Regulations (KAR) 51:052, Review of new sources in or impacting nonattainment areas. These regulations establish air quality permitting requirements for the construction or modification of major stationary sources located within, or impacting upon, areas designated nonattainment for any primary national ambient air quality standard. To ensure improvement of air quality in those areas, the emissions resulting from construction or modification of a major stationary source must be offset with compensating emission reductions. Kentucky's requested SIP revision would revise 401 KAR 51:052 by: (1) Changing Section 5, paragraph (6)(b) to authorize new or modified sources to offset their emission increases with emission reductions achieved by shutting down an existing unit or curtailing production or operating hours prior to the new source application date (if specified conditions are met), (2) adding new and more comprehensive language to Section 5, paragraph (6)(b) describing how to calculate offsetting emission reductions obtained from a source shutdown or curtailment (3) amending Section 4, paragraph (3)(a) to establish an offset ratio of at least 1:1 for pollutants other than volatile organic compounds and nitrogen oxides, and (4) making changes to the introductory paragraph to 401 KAR 51:052 and Section 5, paragraph (3)(e) that update and clarify these provisions. In a notice of proposed rulemaking (NPR) published on August 11, 2015, EPA proposed to approve Kentucky's revisions to 401 KAR 51:052, Review of new sources in or impacting nonattainment areas revisions. See 80 FR 48051. The details of Kentucky's submittal and the rationale for EPA's action are provided in the NPR. EPA did not receive any relevant comments on the proposed action. II. 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 Kentucky Rule 401 KAR 51:052 entitled ``Review of new sources in or impacting nonattainment areas,'' which became effective in the Commonwealth of Kentucky on August 4, 2011. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the Region 4 office (see the ADDRESSES section of this preamble for more information). III. Final Action EPA is taking final action to approve the Commonwealth of Kentucky's September 23, 2011, SIP revision. EPA has determined that the changes to Kentucky's Rule 401 KAR 51:052, Review of new sources in or impacting nonattainment areas, are approvable because they are consistent with CAA section 110 and EPA's regulations regarding NNSR permitting at 40 CFR 51.165. 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 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 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 (Pub. L. 104-4); 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 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; 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). 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). 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). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 7, 2015. 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). [[Page 60807]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements and Volatile organic compounds. Dated: September 24, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR parts 52 is amended 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, table 1 in paragraph (c) is amended under Chapter 51 by revising the entry for ``401 KAR 51:052'' to read of follows: Sec. 52.920 Identification of plan. * * * * * (c) * * * Table 1--EPA-Approved Kentucky Regulations ---------------------------------------------------------------------------------------------------------------- State effective State citation Title/subject date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- * * * * * * * 401 KAR 51:052................. Review of new sources 8/4/2011 10/8/2015 [Insert in or impacting Federal Register nonattainment areas. citation] * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-25575 Filed 10-7-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations 60805
Protesters are asked to contact the configurations may travel while in ENVIRONMENTAL PROTECTION
person listed in the FOR FURTHER compliance with this definition, no AGENCY
INFORMATION CONTACT section to specific speed is assigned to minimum
coordinate protest activities so that your safe speed. In no instance should 40 CFR Part 52
message can be received without minimum safe speed be interpreted as a [EPA–R04–OAR–2015–0384; FRL–9935–22–
jeopardizing the safety or security of speed less than that required for a Region 4]
people, places or vessels. particular vessel to maintain
List of Subjects in 33 CFR Part 165 steerageway. A vessel is not proceeding Approval and Promulgation of
at minimum safe speed if it is: Implementation Plans; Kentucky: New
Harbors, Marine safety, Navigation Sources in or Impacting Nonattainment
(1) On a plane;
(water), Reporting and recordkeeping Areas
requirements, Security measures, (2) In the process of coming up onto
Waterways. or coming off a plane; or AGENCY: Environmental Protection
For the reasons discussed in the (3) Creating an excessive wake. Agency (EPA).
preamble, the Coast Guard amends 33 ACTION: Final rule.
(b) Regulated area. All navigable
CFR part 165 as follows: waters, as defined in 33 CFR 2.36, SUMMARY: The Environmental Protection
PART 165—REGULATED NAVIGATION within the Captain of the Port Zone, Los Agency (EPA) is taking final action to
AREAS AND LIMITED ACCESS AREAS Angeles–Long Beach, California 33 CFR approve the Commonwealth of
3.55–10. Kentucky’s September 23, 2011, State
■ 1. The authority citation for part 165 (c) Security zone. A 500-yard security Implementation Plan (SIP) revision,
continues to read as follows: zone is established around each submitted through the Kentucky
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; escorted vessel within the regulated area Division for Air Quality (KY DAQ),
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; described in paragraph (b) of this which modifies the SIP by making
Department of Homeland Security Delegation section. This is a moving security zone changes to Kentucky regulation,
No. 0170.1. when the escorted vessel is in transit ‘‘Review of new sources in or impacting
■ 2. Add § 165.11731 to read as follows: and becomes a fixed zone when the upon nonattainment areas.’’ EPA has
escorted vessel is anchored or moored. determined that Kentucky’s requested
§ 165.11731 Security Zone: Escorted A security zone will not extend beyond SIP revision meets the applicable
Vessels, Los Angeles-Long Beach, CA, the boundary of the regulated area in provisions of the Clean Air Act (CAA or
Captain of the Port Zone. Act) and EPA regulations regarding
this section.
(a) Definitions. The following Nonattainment New Source Review
definitions apply to this section: (d) Regulations. (1) The general
(NNSR) permitting.
COTP means Captain of the Port Los regulations for security zones contained
in § 165.33 apply to this section. DATES: This rule is effective November
Angeles–Long Beach, CA (LALB). 9, 2015.
Designated representatives means (2) A vessel may request the
ADDRESSES: EPA has established a
Coast Guard Patrol Commanders permission of the COTP LALB or a
including Coast Guard coxswains, petty docket for this action under Docket
designated representative to enter the
officers and other officers operating Identification No. EPA–R04–OAR–
security zone described in paragraph (c)
Coast Guard vessels, and Federal, State, 2015–0384. All documents in the docket
of this section. If permitted to enter the
and local officers designated by or are listed on the www.regulations.gov
security zone, a vessel must proceed at
assisting the COTP, in the enforcement Web site. Although listed in the index,
the minimum safe speed and must
of the security zone. some information is not publicly
comply with the orders of the COTP or available, i.e., Confidential Business
Escorted vessel means a vessel, other a designated representative.
than a large U.S. naval vessel as defined Information or other information whose
(e) Notice of security zone. The COTP disclosure is restricted by statute.
in § 165.2015, that is accompanied by
will inform the public of the existence Certain other material, such as
one or more Coast Guard assets or other
or status of the security zones around copyrighted material, is not placed on
Federal, State or local law enforcement
agency assets clearly identifiable by escorted vessels in the regulated area by the Internet and will be publicly
lights, vessel markings, or with agency Broadcast Notice to Mariners. Coast available only in hard copy form.
insignia as listed below: Guard assets or other Federal, State or Publicly available docket materials are
(1) Coast Guard surface or air asset local law enforcement agency assets will available either electronically through
displaying the Coast Guard insignia. be clearly identified by lights, vessel www.regulations.gov or in hard copy at
(2) State and/or local law enforcement markings, or with agency insignia. the Air Regulatory Management Section,
asset displaying the applicable agency When escorted vessels are moored, Air Planning and Implementation
markings and/or equipment associated dayboards or other visual indications Branch, Air, Pesticides and Toxics
with the agency. such as lights or buoys may be used. Management Division, U.S.
(3) When escorted vessels are moored, (f) Contact information. The COTP Environmental Protection Agency,
dayboards or other visual indications LALB may be reached via phone at (310) Region 4, 61 Forsyth Street SW.,
such as lights or buoys may be used. In 521–3801. Any on scene Coast Guard or Atlanta, Georgia 30303–8960. EPA
all cases, broadcast notice to mariners designated representative assets may be requests that if at all possible, you
will be issued to advise mariners of reached via VHF–FM channel 16. contact the person listed in the FOR
these restrictions. FURTHER INFORMATION CONTACT section to
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Dated: September 15, 2015. schedule your inspection. The Regional
Minimum safe speed means the speed
at which a vessel proceeds when it is J. F. Williams, Office’s official hours of business are
fully off plane, completely settled in the Captain, U.S. Coast Guard, Captain of the Monday through Friday 8:30 a.m. to
water and not creating excessive wake. Port Los Angeles—Long Beach. 4:30 p.m., excluding Federal holidays.
Due to the different speeds at which [FR Doc. 2015–25557 Filed 10–7–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: Zuri
vessels of different sizes and BILLING CODE 9110–04–P Farngalo, Air Regulatory Management
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![Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations 60807
List of Subjects in 40 CFR Part 52 Dated: September 24, 2015. Authority: 42 U.S.C. 7401 et seq.
Heather McTeer Toney,
Environmental protection, Air Regional Administrator, Region 4. Subpart S—Kentucky
pollution control, Incorporation by
reference, Intergovernmental relations, 40 CFR parts 52 is amended as ■ 2. In § 52.920, table 1 in paragraph (c)
Nitrogen dioxide, Ozone, Particulate follows: is amended under Chapter 51 by
matter, Reporting and recordkeeping PART 52—APPROVAL AND revising the entry for ‘‘401 KAR 51:052’’
requirements and Volatile organic PROMULGATION OF to read of follows:
compounds. IMPLEMENTATION PLANS § 52.920 Identification of plan.
■ 1. The authority citation for part 52 * * * * *
continues to read as follows: (c) * * *
TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS
State effective EPA approval
State citation Title/subject Explanation
date date
* * * * * * *
Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
* * * * * * *
401 KAR 51:052 ................ Review of new sources in or impacting nonattain- 8/4/2011 10/8/2015 [Insert Federal
ment areas. Register citation]
* * * * * * *
* * * * * subarea and Eastern Aleutian district 2015 Atka mackerel total allowable
[FR Doc. 2015–25575 Filed 10–7–15; 8:45 am] (BS/EAI) to the Amendment 80 catch allocated to the Amendment 80
BILLING CODE 6560–50–P cooperative allocations in the Bering cooperatives is 20,696 mt as established
Sea and Aleutian Islands management by the final 2015 and 2016 harvest
area (BSAI). This action is necessary to specifications for groundfish in the
DEPARTMENT OF COMMERCE allow the 2015 total allowable catch of BSAI (80 FR 11919, March 5, 2015).
Atka mackerel in the BSAI to be fully
The Administrator, Alaska Region,
National Oceanic and Atmospheric harvested.
NMFS, has determined that 700 mt of
Administration DATES: Effective 12 hrs Alaska local time
the Atka mackerel ICA for the BS/EAI
(A.l.t.), October 5, 2015 through 2400 will not be harvested. Therefore, in
50 CFR Part 679 hrs, A.l.t., December 31, 2015.
accordance with § 679.91(f), NMFS
[Docket No. 141021887–5172–02] FOR FURTHER INFORMATION CONTACT: reallocates 700 mt of Atka mackerel
Steve Whitney, 907–586–7228. from the BS/EAI ICA to the Amendment
RIN 0648–XE224
SUPPLEMENTARY INFORMATION: NMFS 80 cooperatives in the BSAI. In
Fisheries of the Exclusive Economic manages the groundfish fishery in the accordance with § 679.91(f), NMFS will
Zone Off Alaska; Reallocation of Atka BSAI according to the Fishery reissue cooperative quota permits for
Mackerel in the Bering Sea and Management Plan for Groundfish of the the reallocated Atka mackerel following
Aleutian Islands Management Area Bering Sea and Aleutian Islands the procedures set forth in § 679.91(f)(3).
Management Area (FMP) prepared by
AGENCY: National Marine Fisheries the North Pacific Fishery Management The harvest specifications for Atka
Service (NMFS), National Oceanic and Council under authority of the mackerel included in the harvest
Atmospheric Administration (NOAA), Magnuson-Stevens Fishery specifications for groundfish in the
Commerce. Conservation and Management Act. BSAI (80 FR 11919, March 5, 2015) are
ACTION: Temporary rule; reallocation. Regulations governing fishing by U.S. revised as follows: 300 mt of Atka
vessels in accordance with the FMP mackerel for the BS/EAI ICA and 21,395
SUMMARY: NMFS is reallocating the appear at subpart H of 50 CFR part 600 mt of Atka mackerel for the Amendment
projected unused amount of the 2015 and 50 CFR part 679. 80 cooperative allocations in the BS/
Atka mackerel incidental catch The 2015 Atka mackerel ICA for the EAI. Table 6 is revised and republished
allowance (ICA) for the Bering Sea BS/EAI is 1,000 metric tons (mt) and in its entirety as follows:
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Document Created: 2015-12-15 08:43:08
Document Modified: 2015-12-15 08:43:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective November 9, 2015. | |
| Contact | Zuri Farngalo, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Farngalo can be reached by telephone at (404) 562-9152 and via electronic mail at [email protected] | |
| FR Citation | 80 FR 60805 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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