80 FR 61107 - Approval and Promulgation of Implementation Plans; Kentucky Infrastructure Requirements for the 2008 Lead NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 196 (October 9, 2015)
Federal Register Volume 80, Issue 196 (October 9, 2015)
| Page Range | 61107-61109 | |
| FR Document | 2015-25576 |
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)] [Rules and Regulations] [Pages 61107-61109] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25576] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0443 FRL-9935-19-Region 4] Approval and Promulgation of Implementation Plans; Kentucky Infrastructure Requirements for the 2008 Lead NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of the July 17, 2012, State Implementation Plan (SIP) submission, provided by the Commonwealth of Kentucky, Energy and Environment Cabinet, Department for Environmental Protection, through the Kentucky Division for Air Quality (KY DAQ) for inclusion into the Kentucky SIP. This final submission pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. KY DAQ certified that the Kentucky SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in Kentucky. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting which EPA has already approved, EPA is taking final action to approve Kentucky's infrastructure submission, provided to EPA on July 17, 2012, as satisfying the required infrastructure elements for the 2008 Lead NAAQS. DATES: This rule is effective November 9, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0443. 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 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. Mr. Farngalo can be reached by phone at (404) 562-9152 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and (2) of the CAA require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance for that new NAAQS. Section 110(a) of the CAA generally requires states to make a SIP submission to meet applicable requirements in order to provide for the implementation, [[Page 61108]] maintenance, and enforcement of a new or revised NAAQS within three years following the promulgation of such NAAQS, or within such shorter period as EPA may prescribe. For additional information on the infrastructure SIP requirements, see the proposed rulemaking published on July 30, 2015 (80 FR 45469). On July 30, 2015, EPA proposed to approve portions of Kentucky's July 17, 2012, 2008 Lead NAAQS infrastructure SIP submission with the exception of provisions pertaining to PSD permitting in sections 110(a)(2)(C), prong 3 of D(i) and (J). EPA did not receive any comments, adverse or otherwise, on the July 30, 2015, proposed rule. EPA took final action to approve the PSD permitting requirements in sections 110(a)(2)(C), prong 3 of D(i) and (J) on March 18, 2015 (80 FR 14019). II. Final Action With the exception of provisions pertaining to PSD permitting requirements, EPA is taking final action to approve Kentucky's July 17, 2012, infrastructure submission because it addresses the required infrastructure elements of the CAA 110(a)(1) and (2) to ensure that the 2008 Lead NAAQS is implemented, enforced, and maintained in Kentucky. III. 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 Clean Air Act; 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 8, 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations Lead, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 24, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 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. Section 52.920(e), is amended by adding an entry for ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (e) * * * [[Page 61109]] EPA--Approved Kentucky Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State submittal Name of nonregulatory SIP Applicable geographic date/effective EPA approval date Explanations provision or nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Commonwealth of July 17, 2012 10/9/2015 [Insert With the Infrastructure Requirements Kentucky. Federal Register exception of for the 2008 Lead National citation]. provisions Ambient Air Quality Standards. pertaining to PSD permitting requirements in sections 110(a)(2)(C), 110(a)(2)(D)(i)( II) (prong 3) and 110(a)(2)(J) only. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-25576 Filed 10-8-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61107
TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS—Continued
[See Notes at end of Table]
Date Date approved Federal Register Comments/unapproved
State citation Title/subject submitted 52.1120(c)
by EPA citation sections
by State
* * * * * * *
310 CMR Adhesives and 7/10/14 10/9/15 [Insert Federal Reg- 142 Regulation limiting emissions
7.18(30). Sealants. ister page number from adhesives and
where the document sealants.
begins].
* * * * * * *
310 CMR NOx RACT ..... 7/10/14 10/9/15 [Insert Federal Reg- 142 Update made to section 1, ap-
7.19(1)(c)(9). ister page number plicability.
where the document
begins].
* * * * * * *
310 CMR 7.25 Best Available 6/1/10 10/9/15 [Insert Federal Reg- 142 Amended existing consumer
Controls for ister page number products related require-
Consumer where the document ments, added provisions
and Com- begins]. concerning AIM coatings.
mercial Prod-
ucts.
* * * * * * *
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP be-
fore this date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.
[FR Doc. 2015–25320 Filed 10–8–15; 8:45 am] NAAQS promulgated by EPA, which is Branch, Air, Pesticides and Toxics
BILLING CODE 6560–50–P commonly referred to as an Management Division, U.S.
‘‘infrastructure’’ SIP. KY DAQ certified Environmental Protection Agency,
that the Kentucky SIP contains Region 4, 61 Forsyth Street SW.,
ENVIRONMENTAL PROTECTION provisions that ensure the 2008 Lead Atlanta, Georgia 30303–8960. EPA
AGENCY NAAQS is implemented, enforced, and requests that if at all possible, you
maintained in Kentucky. With the contact the person listed in the FOR
40 CFR Part 52 exception of provisions pertaining to FURTHER INFORMATION CONTACT section to
[EPA–R04–OAR–2014–0443 FRL–9935–19– prevention of significant deterioration schedule your inspection. The Regional
Region 4] (PSD) permitting which EPA has already Office’s official hours of business are
approved, EPA is taking final action to Monday through Friday, 8:30 a.m. to
Approval and Promulgation of approve Kentucky’s infrastructure 4:30 p.m., excluding Federal holidays.
Implementation Plans; Kentucky submission, provided to EPA on July 17, FOR FURTHER INFORMATION CONTACT: Zuri
Infrastructure Requirements for the 2012, as satisfying the required Farngalo, Air Regulatory Management
2008 Lead NAAQS infrastructure elements for the 2008 Section, Air Planning and
Lead NAAQS. Implementation Branch, Air, Pesticides
AGENCY: Environmental Protection
Agency (EPA). DATES: This rule is effective November and Toxics Management Division, U.S.
9, 2015. Environmental Protection Agency,
ACTION: Final rule.
ADDRESSES: EPA has established a Region 4, 61 Forsyth Street SW.,
SUMMARY: The Environmental Protection docket for this action under Docket Atlanta, Georgia 30303–8960. Mr.
Agency (EPA) is taking final action to Identification No. EPA–R04–OAR– Farngalo can be reached by phone at
approve portions of the July 17, 2012, 2014–0443. All documents in the docket (404) 562–9152 or via electronic mail at
State Implementation Plan (SIP) are listed on the www.regulations.gov farngalo.zuri@epa.gov.
submission, provided by the Web site. Although listed in the index, SUPPLEMENTARY INFORMATION:
Commonwealth of Kentucky, Energy some information is not publicly
and Environment Cabinet, Department available, i.e., Confidential Business I. Background
for Environmental Protection, through Information or other information whose Upon promulgation of a new or
the Kentucky Division for Air Quality disclosure is restricted by statute. revised NAAQS, sections 110(a)(1) and
(KY DAQ) for inclusion into the Certain other material, such as (2) of the CAA require states to address
Kentucky SIP. This final submission copyrighted material, is not placed on basic SIP requirements, including
pertains to the Clean Air Act (CAA or the Internet and will be publicly
rmajette on DSK7SPTVN1PROD with RULES
emissions inventories, monitoring, and
the Act) infrastructure requirements for available only in hard copy form. modeling to assure attainment and
the 2008 Lead national ambient air Publicly available docket materials are maintenance for that new NAAQS.
quality standards (NAAQS). The CAA available either electronically through Section 110(a) of the CAA generally
requires that each state adopt and www.regulations.gov or in hard copy at requires states to make a SIP submission
submit a SIP for the implementation, the Air Regulatory Management Section, to meet applicable requirements in
maintenance, and enforcement of each Air Planning and Implementation order to provide for the implementation,
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![Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61109
EPA—APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable State submittal
geographic or
Name of nonregulatory SIP provision date/effective EPA approval date Explanations
nonattainment date
area
* * * * * * *
110(a)(1) and (2) Infrastructure Require- Commonwealth July 17, 2012 10/9/2015 [Insert With the exception of provisions per-
ments for the 2008 Lead National Am- of Kentucky. Federal Register taining to PSD permitting requirements
bient Air Quality Standards. citation]. in sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3) and
110(a)(2)(J) only.
[FR Doc. 2015–25576 Filed 10–8–15; 8:45 am] DATES: This rule will be effective maintenance for that new NAAQS.
BILLING CODE 6560–50–P November 9, 2015. Section 110(a) of the CAA generally
ADDRESSES: EPA has established a requires states to make a SIP submission
docket for this action under Docket to meet applicable requirements in
ENVIRONMENTAL PROTECTION Identification No. EPA–R04–OAR– order to provide for the implementation,
AGENCY 2012–0696. All documents in the docket maintenance, and enforcement of a new
are listed on the www.regulations.gov or revised NAAQS within three years
40 CFR Part 52 Web site. Although listed in the index, following the promulgation of such
[EPA–R04–OAR–2012–0696; FRL–9935–24– some information is not publicly NAAQS, or within such shorter period
Region 4] available, i.e., Confidential Business as EPA may prescribe. For additional
Information or other information whose information on the infrastructure SIP
Approval and Promulgation of disclosure is restricted by statute. requirements, see the proposed
Implementation Plans; Georgia Certain other material, such as rulemaking published on July 20, 2015.
Infrastructure Requirements for the copyrighted material, is not placed on See 80 FR 42777.
2008 8-Hour Ozone National Ambient the Internet and will be publicly On July 20, 2015, EPA proposed to
Air Quality Standards available only in hard copy form. approve portions of Georgia’s May 14,
AGENCY: Environmental Protection Publicly available docket materials are 2012, 2008 8-hour ozone NAAQS
Agency. available either electronically through infrastructure SIP submission with the
www.regulations.gov or in hard copy at exception of the PSD permitting
ACTION: Final rule.
the Air Regulatory Management Section, requirements for major sources of
SUMMARY: The Environmental Protection Air Planning and Implementation sections 110(a)(2)(C), (D)(i)(II) prong 3
Agency (EPA) is taking final action to Branch, Air, Pesticides and Toxics and (J); and the interstate transport
approve portions the May 14, 2012, Management Division, U.S. requirements of section 110(a)(2)(D)(i)(I)
State Implementation Plan (SIP) Environmental Protection Agency, and (II) (prongs 1, 2, and 4). See 80 FR
submission, provided by the Georgia Region 4, 61 Forsyth Street SW., 42777. EPA did not receive any
Department of Natural Resources, Atlanta, Georgia 30303–8960. EPA comments, adverse or otherwise, on the
Environmental Protection Division requests that if at all possible, you July 20, 2015, proposed rule. On March
(hereafter referred to as GA EPD) for contact the person listed in the FOR 18, 2015, EPA took final action to
inclusion into the Georgia SIP. This FURTHER INFORMATION CONTACT section to approve the PSD permitting
final action pertains to the Clean Air Act schedule your inspection. The Regional requirements listed above (80 FR
(CAA or the Act) infrastructure Office’s official hours of business are 14019), and is not taking any action on
requirements for the 2008 8-hour ozone Monday through Friday, 8:30 a.m. to the interstate transport requirements
national ambient air quality standards 4:30 p.m., excluding Federal holidays. listed above. EPA is taking final action
(NAAQS). The CAA requires that each FOR FURTHER INFORMATION CONTACT: to approve the portions of Georgia’s
state adopt and submit a SIP for the Nacosta C. Ward, Air Regulatory infrastructure SIP submission proposed
implementation, maintenance, and Management Section, Air Planning and on July 20, 2015, as demonstrating that
enforcement of each NAAQS Implementation Branch, Air, Pesticides the State meets the applicable
promulgated by EPA, which is and Toxics Management Division, U.S. requirements of sections 110(a)(1) and
commonly referred to as an Environmental Protection Agency, (2) of the CAA for the 2008 8-hour
‘‘infrastructure’’ SIP. GA EPD certified Region 4, 61 Forsyth Street SW., ozone NAAQS.
that the Georgia SIP contains provisions Atlanta, Georgia 30303–8960. Ms. Ward II. Final Action
that ensure the 2008 8-hour ozone can be reached by phone at (404) 562–
NAAQS is implemented, enforced, and 9140 and via electronic mail at With the exception of the PSD
maintained in Georgia. With the ward.nacosta@epa.gov. permitting provisions in sections
exception of provisions pertaining to SUPPLEMENTARY INFORMATION: 110(a)(2)(C), (D)(i)(II) prong 3 and (J);
prevention of significant deterioration and the interstate transport
(PSD) permitting and interstate I. Background requirements of section 110(a)(2)(D)(i)(I)
rmajette on DSK7SPTVN1PROD with RULES
transport requirements, EPA is taking Upon promulgation of a new or and (II) (prongs 1, 2, and 4), EPA is
final action to approve Georgia’s revised NAAQS, sections 110(a)(1) and taking final action to approve Georgia’s
infrastructure SIP submission provided (2) of the CAA require states to address May 14, 2012, infrastructure SIP
to EPA on May 14, 2012, as satisfying basic SIP requirements, including submission because it addresses the
the required infrastructure elements for emissions inventories, monitoring, and section 110(a)(1) and (2) requirements of
the 2008 8-hour ozone NAAQS. modeling to assure attainment and the CAA to ensure that the 2008 8-hour
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Document Created: 2015-12-15 08:34:06
Document Modified: 2015-12-15 08:34:06
| 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, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Farngalo can be reached by phone at (404) 562-9152 or via electronic mail at [email protected] | |
| FR Citation | 80 FR 61107 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations Lead; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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