81 FR 83152 - Air Plan Approval; KY Infrastructure Requirements for the 2010 1-Hour NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 224 (November 21, 2016)
Federal Register Volume 81, Issue 224 (November 21, 2016)
| Page Range | 83152-83154 | |
| FR Document | 2016-27538 |
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)] [Rules and Regulations] [Pages 83152-83154] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27538] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0767; FRL-9955-19-Region 4] Air Plan Approval; KY Infrastructure Requirements for the 2010 1- Hour NO2 NAAQS AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the Commonwealth of Kentucky, Energy and Environment Cabinet, Department for Environmental Protection, through the Kentucky Division for Air Quality (KDAQ), on April 26, 2013, to demonstrate that the Commonwealth meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide (NO2 ) national ambient air quality standard (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. KDAQ certified that Kentucky's SIP contains provisions that ensure the 2010 1-hour NO2 NAAQS is implemented, enforced, and maintained in Kentucky. EPA has determined that portions of Kentucky's infrastructure submission, submitted on April 26, 2013, addresses certain required infrastructure elements for the 2010 1-hour NO2 NAAQS. DATES: This rule will be effective December 21, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR- [[Page 83153]] 2014-0767. 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: Richard Wong, 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. Wong can be reached via telephone at (404) 562-8726 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background and Overview On January 22, 2010, (published at 75 FR 6474, February 9, 2010), EPA promulgated a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion, based on a 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS. Section 110(a)(2) requires states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 1-hour NO2 NAAQS to EPA no later than January 22, 2013. In a proposed rulemaking published on June 27, 2016 (81 FR 41488), EPA proposed to approve Kentucky's 2010 1-hour NO2 NAAQS infrastructure SIP submission submitted on April 26, 2013, with the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), and the regulation of minor sources and minor modifications under section 110(a)(2)(C). On March 18, 2015 (80 FR 14019), EPA approved Kentucky's April 26, 2013, infrastructure SIP submission regarding the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 2010 1-hour NO2 NAAQS. Therefore, EPA is not taking any action today pertaining to sections 110(a)(2)(C), prong 3 of D(i), and (J). With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA does not yet have a submission before the Agency for action. In regards to Kentucky submission related to prong 4 and the regulation of minor sources and minor modifications under section 110(a)(2)(C), EPA will consider action on these elements in a separate rulemaking. The details of Kentucky's submission and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before July 27, 2016. EPA received no adverse comments on the proposed action. II. Final Action With the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), and the regulation of minor sources and minor modifications under section 110(a)(2)(C), EPA is taking final action to action to approve Kentucky's infrastructure submission submitted on April 26, 2013, for the 2010 1-hour NO2 NAAQS. EPA is taking final action to approve Kentucky's infrastructure SIP submission for the 2010 1-hour NO2 NAAQS because the submission is consistent with section 110 of the CAA. 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 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 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, [[Page 83154]] 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 January 20, 2017. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 3, 2016. 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. In Sec. 52.920, the table in paragraph (e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1- hour NO 2 NAAQS'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (e) * * * EPA-Approved Kentucky Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State submittal Name of non-regulatory SIP geographic or date/effective EPA approval Explanations provision nonattainment area date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Kentucky............ 4/26/2013 11/21/2016, With the exception of Infrastructure Requirements [insert Federal the regulation of for the 2010 1-hour NO2 NAAQS. Register new minor sources citation]. and minor modifications under section 110(a)(2)(C), section 110(a)(2)(D)(i)(I) and (II) (prongs 1- 4) and the PSD requirements of section 110(a)(2)(J). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-27538 Filed 11-18-16; 8:45 am] BILLING CODE 6560-50-P
![83152 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
(except for zero and span adjustments (iv) The owner/operator shall also unit while preventing excessive
and calibration checks), reason(s) why submit results of any CEMS ammonia emissions.
the CEMS was inoperative and steps performance tests specified by 40 CFR (15) Enforcement. Notwithstanding
taken to prevent recurrence, and any part 60, Appendix F, Procedure 1 any other provision in this
CEMS repairs or adjustments. (Relative Accuracy Test Audits, Relative implementation plan, any credible
(vi) The owner/operator shall also Accuracy Audits, and Cylinder Gas evidence or information relevant as to
submit results of any CEMS Audits). whether the unit would have been in
performance tests specified by 40 CFR (v) When no excess emissions have compliance with applicable
part 60, Appendix F, Procedure 1 occurred or the CEMS has not been requirements if the appropriate
(Relative Accuracy Test Audits, Relative inoperative, repaired, or adjusted during performance or compliance test had
Accuracy Audits, and Cylinder Gas the reporting period, the owner/operator been performed, can be used to establish
Audits). shall state such information in the whether or not the owner or operator
(vii) When no excess emissions have reports required by paragraph (k)(9)(ii) has violated or is in violation of any
occurred or the CEMS has not been of this section. standard or applicable emission limit in
inoperative, repaired, or adjusted during (13) Notifications. (i) The owner/ the plan.
the reporting period, the owner/operator operator shall submit notification of [FR Doc. 2016–27422 Filed 11–18–16; 8:45 am]
shall state such information in the commencement of construction of any BILLING CODE 6560–50–P
reports required by paragraph (k)(9)(ii) equipment which is being constructed
of this section. to comply with the NOX emission limits
(12) Alternative reporting in paragraph (k)(3) of this section. ENVIRONMENTAL PROTECTION
requirements. If the owner/operator of (ii) The owner/operator shall submit AGENCY
the Clarkdale Plant chooses to comply semiannual progress reports on
with the emission limits of paragraph construction of any such equipment. 40 CFR Part 52
(k)(4) of this section, the owner/operator (iii) The owner/operator shall submit
notification of initial startup of any such [EPA–R04–OAR–2014–0767; FRL–9955–19–
shall submit the reports listed in this Region 4]
paragraph in lieu of the reports equipment.
contained in paragraph (k)(11) of this (iv) By June 30, 2018, the owner/ Air Plan Approval; KY Infrastructure
section. All reports required under this operator of the Clarkdale Plant shall Requirements for the 2010 1-Hour NO2
paragraph (k)(12) shall be submitted notify EPA Region 9 by letter whether NAAQS
within 30 days after the applicable it will comply with the emission limits
compliance date in paragraph (k)(5) of in paragraph (k)(3)(i) of this section or AGENCY: Environmental Protection
this section and at least semiannually whether it will comply with the Agency.
thereafter, within 30 days after the end emission limits in paragraph (k)(4) of ACTION: Final rule.
of a semiannual period. The owner/ this section. In the event that the owner/
operator does not submit timely and SUMMARY: The Environmental Protection
operator may submit reports more
proper notification by June 30, 2018, the Agency (EPA) is taking final action to
frequently than semiannually for the
owner/operator of the Clarkdale Plant approve portions of the State
purposes of synchronizing reports
may not choose to comply with the Implementation Plan (SIP) submission,
required under this section with other
alternative emission limits in paragraph submitted by the Commonwealth of
reporting requirements, such as the title
(k)(4) of this section and shall comply Kentucky, Energy and Environment
V monitoring report required by 40 CFR
with the emission limits in paragraph Cabinet, Department for Environmental
70.6(a)(3)(iii)(A), but at no point shall
(k)(3)(i) of this section. Protection, through the Kentucky
the duration of a semiannual period
(14) Equipment operation. (i) At all Division for Air Quality (KDAQ), on
exceed six months.
(i) The owner/operator shall submit a times, including periods of startup, April 26, 2013, to demonstrate that the
report that lists the monthly rolling 12- shutdown, and malfunction, the owner Commonwealth meets the infrastructure
month emission rates for NOX. or operator shall, to the extent requirements of the Clean Air Act (CAA
(ii) The owner/operator shall submit practicable, maintain and operate the or Act) for the 2010 1-hour nitrogen
excess emissions reports for NOX limits. unit including associated air pollution dioxide (NO2) national ambient air
Excess emissions means emissions that control equipment in a manner quality standard (NAAQS). The CAA
exceed the emissions limits specified in consistent with good air pollution requires that each state adopt and
paragraph (k)(3) of this section. The control practices for minimizing submit a SIP for the implementation,
reports shall include the magnitude, emissions. Pollution control equipment maintenance and enforcement of each
date(s), and duration of each period of shall be designed and capable of NAAQS promulgated by EPA, which is
excess emissions, specific identification operating properly to minimize commonly referred to as an
of each period of excess emissions that emissions during all expected operating ‘‘infrastructure’’ SIP. KDAQ certified
occurs during startups, shutdowns, and conditions. Determination of whether that Kentucky’s SIP contains provisions
malfunctions of the unit, the nature and acceptable operating and maintenance that ensure the 2010 1-hour NO2
cause of any malfunction (if known), procedures are being used will be based NAAQS is implemented, enforced, and
and the corrective action taken or on information available to the Regional maintained in Kentucky. EPA has
preventative measures adopted. Administrator which may include, but determined that portions of Kentucky’s
(iii) The owner/operator shall submit is not limited to, monitoring results, infrastructure submission, submitted on
asabaliauskas on DSK3SPTVN1PROD with RULES
CEMS performance reports, to include review of operating and maintenance April 26, 2013, addresses certain
dates and duration of each period procedures, and inspection of the unit. required infrastructure elements for the
during which the CEMS was inoperative (ii) After completion of installation of 2010 1-hour NO2 NAAQS.
(except for zero and span adjustments ammonia injection on a unit, the owner DATES: This rule will be effective
and calibration checks), reason(s) why or operator shall inject sufficient December 21, 2016.
the CEMS was inoperative and steps ammonia to achieve compliance with ADDRESSES: EPA has established a
taken to prevent recurrence, and any NOX emission limits set forth in docket for this action under Docket
CEMS repairs or adjustments. paragraph (k)(3) of this section for that Identification No. EPA–R04–OAR–
VerDate Sep<11>2014 17:02 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1](https://thefederalregister.org/doc/81_FR_83376/page/1.svg)
![83154 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
the U.S. House of Representatives, and shall not postpone the effectiveness of PART 52—APPROVAL AND
the Comptroller General of the United such rule or action. This action may not PROMULGATION OF
States prior to publication of the rule in be challenged later in proceedings to IMPLEMENTATION PLANS
the Federal Register. A major rule enforce its requirements. See section
cannot take effect until 60 days after it 307(b)(2). ■ 1. The authority citation for part 52
is published in the Federal Register. continues to read as follows:
This action is not a ‘‘major rule’’ as List of Subjects in 40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
defined by 5 U.S.C. 804(2). Environmental protection, Air
Subpart S—Kentucky
Under section 307(b)(1) of the CAA, pollution control, Incorporation by
petitions for judicial review of this reference, Intergovernmental relations, ■ 2. In § 52.920, the table in paragraph
action must be filed in the United States Nitrogen dioxide, Ozone, Reporting and (e) is amended by adding the entry
Court of Appeals for the appropriate recordkeeping requirements, Volatile ‘‘110(a)(1) and (2) Infrastructure
circuit by January 20, 2017. Filing a organic compounds. Requirements for the 2010 1-hour NO2
petition for reconsideration by the NAAQS’’ at the end of the table to read
Dated: November 3, 2016.
Administrator of this final rule does not as follows:
affect the finality of this action for the Heather McTeer Toney,
purposes of judicial review nor does it Regional Administrator, Region 4. § 52.920 Identification of plan.
extend the time within which a petition * * * * *
40 CFR part 52 is amended as follows:
for judicial review may be filed, and (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable State submittal
Name of non-regulatory geographic or date/effective EPA approval date Explanations
SIP provision nonattainment date
area
* * * * * * *
110(a)(1) and (2) Infra- Kentucky ........ 4/26/2013 11/21/2016, [insert Fed- With the exception of the regulation of new minor
structure Requirements eral Register citation]. sources and minor modifications under section
for the 2010 1-hour 110(a)(2)(C), section 110(a)(2)(D)(i)(I) and (II)
NO2 NAAQS. (prongs 1–4) and the PSD requirements of sec-
tion 110(a)(2)(J).
[FR Doc. 2016–27538 Filed 11–18–16; 8:45 am] (SOON) Program.’’ SCAQMD Rule 2449 SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P requires certain in-use off-road vehicle Throughout this document, ‘‘we,’’ ‘‘us’’
fleets to meet more stringent and ‘‘our’’ refer to the EPA.
requirements in the South Coast area Table of Contents
ENVIRONMENTAL PROTECTION when funding is provided by the
AGENCY District in order to achieve additional I. Summary of Proposed Action
reductions of oxides of nitrogen (NOX). II. Public Comments and the EPA’s
40 CFR Part 52 Responses
This rule will be effective on
DATES: III. Final Action
[EPA–R09–OAR–2015–0819; FRL–9954–78– IV. Incorporation by Reference
Region 9] December 21, 2016.
V. Statutory and Executive Order Reviews
ADDRESSES: The EPA has established a
Revisions to the California State docket for this action under Docket ID I. Summary of Proposed Action
Implementation Plan; South Coast Air No. EPA–R09–OAR–2015–0819. All On March 10, 2016 (81 FR 12637),
Quality Management District; Control documents in the docket are listed on under section 110(k) of the Clean Air
of Oxides of Nitrogen Emissions From Act (CAA or ‘‘the Act’’), the EPA
the http://www.regulations.gov Web
Off-Road Diesel Vehicles proposed to approve SCAQMD Rule
site. Although listed in the index, some
AGENCY: Environmental Protection information is not publicly available, 2449, ‘‘Control of Oxides of Nitrogen
Agency (EPA). e.g., Confidential Business Information Emissions from Off-Road Diesel
ACTION: Final rule. or other information whose disclosure is Vehicles’’ into the South Coast portion
restricted by statute. Certain other of the California SIP. SCAQMD Rule
SUMMARY: The Environmental Protection material, such as copyrighted material, 2449 adopts by reference title 13,
Agency (EPA) is taking final action to is not placed on the Internet and will be chapter 9, section 2449.2 of the
approve South Coast Air Quality publicly available only in hard copy California Code of Regulations,
Management District (SCAQMD or ‘‘the form. Publicly available docket ‘‘Surplus Off-Road Opt-In for NOX
District’’) Rule 2449, Control of Oxides materials are available through http:// (SOON) Program.’’ The rule requires
asabaliauskas on DSK3SPTVN1PROD with RULES
of Nitrogen Emissions from Off-Road www.regulations.gov, or please contact certain in-use off-road vehicle fleets
Diesel Vehicles, as a revision to the the person identified in the FOR FURTHER meet more stringent requirements in the
SCAQMD portion of the California State INFORMATION CONTACT section for
South Coast area when funding is
Implementation Plan (SIP). SCAQMD provided by the District in order to
additional availability information.
Rule 2449 adopts by reference title 13, achieve additional reductions of NOX.
chapter 9, section 2449.2 of the FOR FURTHER INFORMATION CONTACT: SCAQMD Rule 2449 was originally
California Code of Regulations, Laura Lawrence, EPA Region IX, (415) adopted by the SCAQMD on May 2,
‘‘Surplus Off-Road Opt-In for NOX 947–3407, lawrence.laura@epa.gov. 2008, and submitted to the EPA by the
VerDate Sep<11>2014 17:02 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1](https://thefederalregister.org/doc/81_FR_83376/page/3.svg)
Document Created: 2018-02-14 08:34:23
Document Modified: 2018-02-14 08:34:23
| 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 will be effective December 21, 2016. | |
| Contact | Richard Wong, 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. Wong can be reached via telephone at (404) 562-8726 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 83152 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR