81_FR_88049 81 FR 87815 - Air Plan Approval; Kentucky; Revisions to Louisville Definitions and Ambient Air Quality Standards

81 FR 87815 - Air Plan Approval; Kentucky; Revisions to Louisville Definitions and Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range87815-87817
FR Document2016-29106

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, through the Kentucky Division for Air Quality (KDAQ), on behalf of the Louisville Metro Air Pollution Control District (District), on March 22, 2011, and May 3, 2012. The revisions to the regulatory portion of the SIP that EPA is taking final action to approve pertain to changes to the District's air quality standards for lead (Pb), particulate matter (both PM<INF>2.5</INF> and PM<INF>10</INF>), ozone, nitrogen dioxide (NO<INF>2</INF>), and sulfur dioxide (SO<INF>2</INF>) to reflect the National Ambient Air Quality Standards (NAAQS), definitional changes, and regulatory consolidation. EPA has determined that these portions of the March 22, 2011, and May 3, 2012, SIP revisions are consistent with the Clean Air Act (CAA or Act).

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87815-87817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29106]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0521; FRL-9955-90-Region 4]


Air Plan Approval; Kentucky; Revisions to Louisville Definitions 
and Ambient Air Quality Standards

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, through the 
Kentucky Division for Air Quality (KDAQ), on behalf of the Louisville 
Metro Air Pollution Control District (District), on March 22, 2011, and 
May 3, 2012. The revisions to the regulatory portion of the SIP that 
EPA is taking final action to approve pertain to changes to the 
District's air quality standards for lead (Pb), particulate matter 
(both PM2.5 and PM10), ozone, nitrogen dioxide 
(NO2), and sulfur dioxide (SO2) to reflect the 
National Ambient Air Quality Standards (NAAQS), definitional changes, 
and regulatory consolidation. EPA has determined that these portions of 
the March 22, 2011, and May 3, 2012, SIP revisions are consistent with 
the Clean Air Act (CAA or Act).

DATES: This rule will be effective January 5, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0521. 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. The telephone number is (404) 562-8726. Mr. Wong can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. EPA's regulatory provisions that govern the NAAQS are found 
at 40 CFR 50--National Primary and Secondary Ambient Air Quality 
Standards.
    In a proposed rulemaking published on August 1, 2016, EPA proposed 
to approve portions of Kentucky's revisions to the Jefferson County air 
quality regulations \1\ in the Kentucky SIP, submitted by the 
Commonwealth on March 22, 2011, and May 3, 2012. See 81 FR 50428. The 
March 22, 2011, submission revises Jefferson County Regulation 1.02--
Definitions and consolidates Regulations 3.02--Applicability of Ambient 
Air Quality Standards; 3.03--Definitions; 3.04--Ambient Air Quality 
Standards; and 3.05--Methods of Measurement into Regulation 3.01--
Ambient Air Quality Standards (currently entitled Purpose of Standards 
and Expression of Non-Degradation Intention in the SIP) by removing 
Regulations 3.02 through 3.05 and expanding and retitling Regulation 
3.01. This submission also seeks to revise Regulation 1.06--Source 
Self-Monitoring and Reporting and Regulation 1.07--Emissions During 
Startups, Shutdowns, Malfunctions and Emergencies. EPA is not taking 
action on the proposed changes to Regulation 1.06 at this time. EPA 
approved the revision to Regulation 1.07 on June 10, 2014 (79 FR 
33101). The May 3, 2012, submission builds on the revisions to 
Regulation 3.01 proposed in the March 22, 2011, submission by updating 
the Jefferson County air quality standards for Pb, PM2.5, 
PM10, O3, NO2, and SO2 to 
reflect the NAAQS, reordering the sections within the regulation, and 
making several textual modifications. The May 3, 2012, submission also 
seeks to remove the Ford Motor Company NOX Reasonably 
Available Control Technology (RACT) permit from the SIP and replace it 
with a Title V permit; EPA is not taking action on the proposed permit 
substitution at this time. The details of Kentucky's submission and the 
rationale for EPA's action are explained in the proposed rulemaking. 
See 81 FR 50428. Comments on the proposed rulemaking were due on or 
before August 31, 2016. EPA received no adverse comments on the 
proposed action.
---------------------------------------------------------------------------

    \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.'' 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 Jefferson County portion of the Kentucky 
SIP as the ``Jefferson County'' regulations.
---------------------------------------------------------------------------

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 Jefferson 
County Regulation 1.02--Definitions (except for the definitions of 
``Acute noncancer effect,'' ``Cancer,'' ``Carcinogen,'' and ``Chronic 
noncancer effect''), effective June 21, 2005, and Regulation 3.01--
Ambient Air Quality Standards,

[[Page 87816]]

effective April 20, 2011. Therefore, these materials have been approved 
by EPA for inclusion in the SIP, have been incorporated by reference by 
EPA into that plan, are fully federally-enforceable under sections See 
page 660 of the submittal PDF in G:\ARMS\RDS Files through 2015\State 
Submittals\Kentucky\Finals\KY 197--Louisville SSM & misc.) 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\2\ EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and/or at the EPA Region 4 office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is taking final action to approve portions of Kentucky's 
submissions submitted by the Commonwealth of Kentucky through KDAQ on 
behalf of the District on March 22, 2011, and May 3, 2012. The 
submissions revise Jefferson County Regulation 1.02--Definitions 
(except for the definitions of ``Acute noncancer effect,'' ``Cancer,'' 
``Carcinogen,'' and ``Chronic noncancer effect''), consolidate 
Regulations 3.02--Applicability of Ambient Air Quality Standards; 
3.03--Definitions; 3.04--Ambient Air Quality Standards; and 3.05--
Methods of Measurement into Regulation 3.01--Ambient Air Quality 
Standards (currently entitled Purpose of Standards and Expression of 
Non-Degradation Intention in the SIP) by removing Regulations 3.02 
through 3.05 and expanding and retitling Regulation 3.01, and revise 
Regulation 3.01 by reordering the sections within the regulation, 
making several textual modifications, and updating the Jefferson County 
air quality standards for Pb, PM2.5, PM10, 
O3, NO2, and SO2 to reflect 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 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, these 
actions merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, these actions:
     Are 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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, these rules 
do 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, 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 February 6, 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, Lead, Nitrogen dioxide, Sulfur 
dioxide, Particulate matter, Reporting and recordkeeping requirements.

    Dated: November 21, 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. Section 52.920(c) is amended:
0
a. Under Table 2, Reg 1--General Provisions by revising the entry for 
``1.02'',
0
b. Under Table 2, Reg 3--Ambient Air Quality Standards revising the 
entry for ``3.01'', and
0
c. Under Table 2, Reg 3--Ambient Air Quality Standards by removing the 
entries for ``3.02'', ``3.03'', ``3.04'' and ``3.05''.
    The revisions read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

[[Page 87817]]



                                             Table 2--EPA-Approved Jefferson County Regulations for Kentucky
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  EPA approval                                District
                 Reg                         Title/subject            date        Federal Register notice  effective date           Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
1.02.................................  Definitions.............         12/6/16  [Insert citation of              6/21/05  Definitions approved except
                                                                                  publication].                             for ``Acute noncancer
                                                                                                                            effect,'' ``Cancer,''
                                                                                                                            ``Carcinogen,'' and
                                                                                                                            ``Chronic noncancer
                                                                                                                            effect''.
 
                                                                      * * * * * * *
3.01.................................  Ambient Air Quality              12/6/16  [Insert citation of              4/20/11  .............................
                                        Standards.                                publication].
 
                                                                      * * * * * * *
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* * * * *
[FR Doc. 2016-29106 Filed 12-5-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations                                                87815

                                                craft, or may be on shore and will                      ADDRESSES:    EPA has established a                   SIP, submitted by the Commonwealth
                                                communicate with vessels via VHF–FM                     docket for this action under Docket                   on March 22, 2011, and May 3, 2012.
                                                radio or loudhailer. Members of the                     Identification No. EPA–R04–OAR–                       See 81 FR 50428. The March 22, 2011,
                                                Coast Guard Auxiliary or Naval Harbor                   2015–0521. All documents in the docket                submission revises Jefferson County
                                                Security Patrol may be present to inform                are listed on the www.regulations.gov                 Regulation 1.02—Definitions and
                                                vessel operators of this regulation.                    Web site. Although listed in the index,               consolidates Regulations 3.02—
                                                   (4) All other relevant regulations,                  some information is not publicly                      Applicability of Ambient Air Quality
                                                including but not limited to the Inland                 available, i.e., Confidential Business                Standards; 3.03—Definitions; 3.04—
                                                Navigation Rules (33 CFR chapter I,                     Information or other information whose                Ambient Air Quality Standards; and
                                                subchapter E), remain in effect within                  disclosure is restricted by statute.                  3.05—Methods of Measurement into
                                                the RNA and must be strictly followed                   Certain other material, such as                       Regulation 3.01—Ambient Air Quality
                                                at all times.                                           copyrighted material, is not placed on                Standards (currently entitled Purpose of
                                                   (c) Enforcement Period. This section                 the Internet and will be publicly                     Standards and Expression of Non-
                                                will be enforced 24 hours a day from                    available only in hard copy form.                     Degradation Intention in the SIP) by
                                                November 14, 2016, through June 30,                     Publicly available docket materials are               removing Regulations 3.02 through 3.05
                                                2017.                                                   available either electronically through               and expanding and retitling Regulation
                                                   (d) Notifications. Violations of this                www.regulations.gov or in hard copy at                3.01. This submission also seeks to
                                                section may be reported to the COTP at                  the Air Regulatory Management Section,                revise Regulation 1.06—Source Self-
                                                (207) 767–0303 or on VHF-Channel 16.                    Air Planning and Implementation                       Monitoring and Reporting and
                                                  Dated: November 7, 2016.                              Branch, Air, Pesticides and Toxics                    Regulation 1.07—Emissions During
                                                                                                        Management Division, U.S.                             Startups, Shutdowns, Malfunctions and
                                                S.D. Poulin,
                                                                                                        Environmental Protection Agency,                      Emergencies. EPA is not taking action
                                                Rear Admiral, U.S. Coast Guard, Commander,                                                                    on the proposed changes to Regulation
                                                First Coast Guard District.                             Region 4, 61 Forsyth Street SW.,
                                                                                                        Atlanta, Georgia 30303–8960. EPA                      1.06 at this time. EPA approved the
                                                [FR Doc. 2016–29260 Filed 12–5–16; 8:45 am]                                                                   revision to Regulation 1.07 on June 10,
                                                                                                        requests that if at all possible, you
                                                BILLING CODE 9110–04–P
                                                                                                        contact the person listed in the FOR                  2014 (79 FR 33101). The May 3, 2012,
                                                                                                        FURTHER INFORMATION CONTACT section to                submission builds on the revisions to
                                                                                                        schedule your inspection. The Regional                Regulation 3.01 proposed in the March
                                                ENVIRONMENTAL PROTECTION                                Office’s official hours of business are               22, 2011, submission by updating the
                                                AGENCY                                                  Monday through Friday 8:30 a.m. to                    Jefferson County air quality standards
                                                                                                        4:30 p.m., excluding federal holidays.                for Pb, PM2.5, PM10, O3, NO2, and SO2
                                                40 CFR Part 52                                                                                                to reflect the NAAQS, reordering the
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                [EPA–R04–OAR–2015–0521; FRL–9955–90–                                                                          sections within the regulation, and
                                                                                                        Richard Wong, Air Regulatory
                                                Region 4]                                                                                                     making several textual modifications.
                                                                                                        Management Section, Air Planning and
                                                                                                                                                              The May 3, 2012, submission also seeks
                                                Air Plan Approval; Kentucky;                            Implementation Branch, Air, Pesticides
                                                                                                                                                              to remove the Ford Motor Company
                                                Revisions to Louisville Definitions and                 and Toxics Management Division, U.S.                  NOX Reasonably Available Control
                                                Ambient Air Quality Standards                           Environmental Protection Agency,                      Technology (RACT) permit from the SIP
                                                                                                        Region 4, 61 Forsyth Street SW.,                      and replace it with a Title V permit;
                                                AGENCY:  Environmental Protection                       Atlanta, Georgia 30303–8960. The                      EPA is not taking action on the
                                                Agency.                                                 telephone number is (404) 562–8726.                   proposed permit substitution at this
                                                ACTION: Final rule.                                     Mr. Wong can be reached via electronic                time. The details of Kentucky’s
                                                                                                        mail at wong.richard@epa.gov.                         submission and the rationale for EPA’s
                                                SUMMARY:    The Environmental Protection                SUPPLEMENTARY INFORMATION:
                                                Agency (EPA) is taking final action to                                                                        action are explained in the proposed
                                                                                                        I. Background                                         rulemaking. See 81 FR 50428.
                                                approve portions of the State
                                                                                                                                                              Comments on the proposed rulemaking
                                                Implementation Plan (SIP) submission                      Sections 108 and 109 of the CAA                     were due on or before August 31, 2016.
                                                submitted by the Commonwealth of                        govern the establishment, review, and                 EPA received no adverse comments on
                                                Kentucky, through the Kentucky                          revision, as appropriate, of the NAAQS                the proposed action.
                                                Division for Air Quality (KDAQ), on                     to protect public health and welfare.
                                                behalf of the Louisville Metro Air                      The CAA requires periodic review of the               II. Incorporation by Reference
                                                Pollution Control District (District), on               air quality criteria—the science upon                    In this rule, EPA is finalizing
                                                March 22, 2011, and May 3, 2012. The                    which the standards are based—and the                 regulatory text that includes
                                                revisions to the regulatory portion of the              standards themselves. EPA’s regulatory                incorporation by reference. In
                                                SIP that EPA is taking final action to                  provisions that govern the NAAQS are                  accordance with requirements of 1 CFR
                                                approve pertain to changes to the                       found at 40 CFR 50—National Primary                   51.5, EPA is finalizing the incorporation
                                                District’s air quality standards for lead               and Secondary Ambient Air Quality                     by reference of Jefferson County
                                                (Pb), particulate matter (both PM2.5 and                Standards.                                            Regulation 1.02—Definitions (except for
                                                PM10), ozone, nitrogen dioxide (NO2),                     In a proposed rulemaking published                  the definitions of ‘‘Acute noncancer
                                                and sulfur dioxide (SO2) to reflect the                 on August 1, 2016, EPA proposed to                    effect,’’ ‘‘Cancer,’’ ‘‘Carcinogen,’’ and
                                                National Ambient Air Quality Standards                  approve portions of Kentucky’s                        ‘‘Chronic noncancer effect’’), effective
                                                (NAAQS), definitional changes, and                      revisions to the Jefferson County air                 June 21, 2005, and Regulation 3.01—
mstockstill on DSK3G9T082PROD with RULES




                                                regulatory consolidation. EPA has                       quality regulations 1 in the Kentucky                 Ambient Air Quality Standards,
                                                determined that these portions of the
                                                March 22, 2011, and May 3, 2012, SIP                       1 In 2003, the City of Louisville and Jefferson    has the subheading ‘‘Air Pollution Control District
                                                revisions are consistent with the Clean                 County governments merged and the ‘‘Jefferson         of Jefferson County.’’ Thus, to be consistent with
                                                Air Act (CAA or Act).                                   County Air Pollution Control District’’ was renamed   the terminology used in the SIP, EPA refers
                                                                                                        the ‘‘Louisville Metro Air Pollution Control          throughout this notice to regulations contained in
                                                DATES: This rule will be effective                      District.’’ However, each of the regulations in the   Jefferson County portion of the Kentucky SIP as the
                                                January 5, 2017.                                        Jefferson County portion of the Kentucky SIP still    ‘‘Jefferson County’’ regulations.



                                           VerDate Sep<11>2014   16:27 Dec 05, 2016   Jkt 241001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\06DER1.SGM   06DER1


                                                87816             Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations

                                                effective April 20, 2011. Therefore,                      not impose additional requirements                    of the United States. EPA will submit a
                                                these materials have been approved by                     beyond those imposed by state law. For                report containing this action and other
                                                EPA for inclusion in the SIP, have been                   that reason, these actions:                           required information to the U.S. Senate,
                                                incorporated by reference by EPA into                        • Are not a significant regulatory                 the U.S. House of Representatives, and
                                                that plan, are fully federally-enforceable                action subject to review by the Office of             the Comptroller General of the United
                                                under sections See page 660 of the                        Management and Budget under                           States prior to publication of the rule in
                                                submittal PDF in G:\ARMS\RDS Files                        Executive Orders 12866 (58 FR 51735,                  the Federal Register. A major rule
                                                through 2015\State                                        October 4, 1993) and 13563 (76 FR 3821,               cannot take effect until 60 days after it
                                                Submittals\Kentucky\Finals\KY 197—                        January 21, 2011);                                    is published in the Federal Register.
                                                Louisville SSM & misc.) 110 and 113 of                       • do not impose an information                     This action is not a ‘‘major rule’’ as
                                                the CAA as of the effective date of the                   collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                                final rulemaking of EPA’s approval, and                   of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the CAA,
                                                will be incorporated by reference by the                  U.S.C. 3501 et seq.);                                 petitions for judicial review of this
                                                Director of the Federal Register in the                      • are certified as not having a                    action must be filed in the United States
                                                next update to the SIP compilation.2                      significant economic impact on a                      Court of Appeals for the appropriate
                                                EPA has made, and will continue to                        substantial number of small entities                  circuit by February 6, 2017. Filing a
                                                make, these materials generally                           under the Regulatory Flexibility Act (5               petition for reconsideration by the
                                                available through www.regulations.gov                     U.S.C. 601 et seq.);                                  Administrator of this final rule does not
                                                and/or at the EPA Region 4 office                            • do not contain any unfunded                      affect the finality of this action for the
                                                (please contact the person identified in                  mandate or significantly or uniquely                  purposes of judicial review nor does it
                                                the FOR FURTHER INFORMATION CONTACT                       affect small governments, as described                extend the time within which a petition
                                                section of this preamble for more                         in the Unfunded Mandates Reform Act                   for judicial review may be filed, and
                                                information).                                             of 1995 (Pub. L. 104–4);                              shall not postpone the effectiveness of
                                                                                                             • do not have Federalism                           such rule or action. This action may not
                                                III. Final Action                                         implications as specified in Executive                be challenged later in proceedings to
                                                   EPA is taking final action to approve                  Order 13132 (64 FR 43255, August 10,                  enforce its requirements. See section
                                                portions of Kentucky’s submissions                        1999);                                                307(b)(2).
                                                submitted by the Commonwealth of                             • are not an economically significant
                                                Kentucky through KDAQ on behalf of                        regulatory action based on health or                  List of Subjects in 40 CFR Part 52
                                                the District on March 22, 2011, and May                   safety risks subject to Executive Order                 Environmental protection, Air
                                                3, 2012. The submissions revise                           13045 (62 FR 19885, April 23, 1997);                  pollution control, Incorporation by
                                                Jefferson County Regulation 1.02—                            • are not a significant regulatory                 reference, Intergovernmental relations,
                                                Definitions (except for the definitions of                action subject to Executive Order 13211               Lead, Nitrogen dioxide, Sulfur dioxide,
                                                ‘‘Acute noncancer effect,’’ ‘‘Cancer,’’                   (66 FR 28355, May 22, 2001);                          Particulate matter, Reporting and
                                                ‘‘Carcinogen,’’ and ‘‘Chronic noncancer                      • are not subject to requirements of               recordkeeping requirements.
                                                effect’’), consolidate Regulations 3.02—                  Section 12(d) of the National
                                                Applicability of Ambient Air Quality                      Technology Transfer and Advancement                     Dated: November 21, 2016.
                                                Standards; 3.03—Definitions; 3.04—                        Act of 1995 (15 U.S.C. 272 note) because              Heather McTeer Toney,
                                                Ambient Air Quality Standards; and                        application of those requirements would               Regional Administrator, Region 4.
                                                3.05—Methods of Measurement into                          be inconsistent with the CAA; and                         40 CFR part 52 is amended as follows:
                                                Regulation 3.01—Ambient Air Quality                          • do not provide EPA with the
                                                Standards (currently entitled Purpose of                  discretionary authority to address, as                PART 52—APPROVAL AND
                                                Standards and Expression of Non-                          appropriate, disproportionate human                   PROMULGATION OF
                                                Degradation Intention in the SIP) by                      health or environmental effects, using                IMPLEMENTATION PLANS
                                                removing Regulations 3.02 through 3.05                    practicable and legally permissible
                                                and expanding and retitling Regulation                    methods, under Executive Order 12898                  ■ 1. The authority citation for part 52
                                                3.01, and revise Regulation 3.01 by                       (59 FR 7629, February 16, 1994).                      continues to read as follows:
                                                reordering the sections within the                           The SIP is not approved to apply on                    Authority: 42 U.S.C. 7401 et seq.
                                                regulation, making several textual                        any Indian reservation land or in any
                                                modifications, and updating the                           other area where EPA or an Indian tribe               Subpart S—Kentucky
                                                Jefferson County air quality standards                    has demonstrated that a tribe has
                                                for Pb, PM2.5, PM10, O3, NO2, and SO2                     jurisdiction. In those areas of Indian                ■  2. Section 52.920(c) is amended:
                                                to reflect the NAAQS.                                     country, these rules do not have tribal               ■  a. Under Table 2, Reg 1—General
                                                                                                          implications as specified by Executive                Provisions by revising the entry for
                                                IV. Statutory and Executive Order                         Order 13175 (65 FR 67249, November 9,                 ‘‘1.02’’,
                                                Reviews                                                   2000), nor will it impose substantial                 ■ b. Under Table 2, Reg 3—Ambient Air
                                                  Under the CAA, the Administrator is                     direct costs on tribal governments or                 Quality Standards revising the entry for
                                                required to approve a SIP submission                      preempt tribal law.                                   ‘‘3.01’’, and
                                                that complies with the provisions of the                     The Congressional Review Act, 5                    ■ c. Under Table 2, Reg 3—Ambient Air
                                                Act and applicable federal regulations.                   U.S.C. 801 et seq., as added by the Small             Quality Standards by removing the
                                                See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Business Regulatory Enforcement                       entries for ‘‘3.02’’, ‘‘3.03’’, ‘‘3.04’’ and
                                                Thus, in reviewing SIP submissions,                       Fairness Act of 1996, generally provides              ‘‘3.05’’.
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                                                EPA’s role is to approve state choices,                   that before a rule may take effect, the                  The revisions read as follows:
                                                provided that they meet the criteria of                   agency promulgating the rule must
                                                the CAA. Accordingly, these actions                       submit a rule report, which includes a                § 52.920    Identification of plan.
                                                merely proposes to approve state law as                   copy of the rule, to each House of the                *       *    *      *      *
                                                meeting federal requirements and does                     Congress and to the Comptroller General                   (c) * * *

                                                  2 62   FR 27968 (May 22, 1997).



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                                                                      Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations                                                      87817

                                                                                    TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
                                                                                                                                                                  District
                                                                                                                EPA approval        Federal Register
                                                             Reg                        Title/subject                                                            effective                       Explanation
                                                                                                                   date                  notice                    date


                                                            *                             *                        *                         *                      *                        *                 *
                                                1.02 ..........................   Definitions ...............          12/6/16     [Insert citation of                  6/21/05   Definitions approved except for ‘‘Acute
                                                                                                                                      publication].                                noncancer effect,’’ ‘‘Cancer,’’ ‘‘Car-
                                                                                                                                                                                   cinogen,’’ and ‘‘Chronic noncancer ef-
                                                                                                                                                                                   fect’’.

                                                            *                          *                           *                         *                      *                        *                 *
                                                3.01 ..........................   Ambient Air Quality                  12/6/16     [Insert citation of                  4/20/11
                                                                                   Standards.                                         publication].

                                                             *                            *                        *                        *                       *                        *                 *



                                                *        *        *        *        *                            certain required infrastructure elements                    I. Background and Overview
                                                [FR Doc. 2016–29106 Filed 12–5–16; 8:45 am]                      for the 2010 1-hour SO2 NAAQS.
                                                                                                                                                                                On June 2, 2010 (75 FR 35520, June
                                                BILLING CODE 6560–50–P
                                                                                                                 DATES: This rule will be effective                          22, 2010), EPA revised the primary SO2
                                                                                                                 January 5, 2017.                                            NAAQS to an hourly standard of 75
                                                ENVIRONMENTAL PROTECTION                                                                                                     parts per billion (ppb) based on a 3-year
                                                                                                                 ADDRESSES:    EPA has established a
                                                AGENCY                                                                                                                       average of the annual 99th percentile of
                                                                                                                 docket for this action under Docket                         1-hour daily maximum concentrations.
                                                                                                                 Identification No. EPA–R04–OAR–                             Pursuant to section 110(a)(1) of the
                                                40 CFR Part 52
                                                                                                                 2014–0426. All documents in the docket                      CAA, states are required to submit SIPs
                                                [EPA–R04–OAR–2014–0426; FRL–9955–96–                             are listed on the www.regulations.gov                       meeting the applicable requirements of
                                                Region 4]                                                        Web site. Although listed in the index,                     section 110(a)(2) within three years after
                                                                                                                 some information is not publicly                            promulgation of a new or revised
                                                Air Quality Plans; Kentucky;                                     available, i.e., Confidential Business                      NAAQS or within such shorter period
                                                Infrastructure Requirements for the                              Information or other information whose                      as EPA may prescribe. Section 110(a)(2)
                                                2010 Sulfur Dioxide National Ambient                             disclosure is restricted by statute.                        requires states to address basic SIP
                                                Air Quality Standard                                             Certain other material, such as                             elements such as requirements for
                                                                                                                 copyrighted material, is not placed on                      monitoring, basic program requirements
                                                AGENCY:  Environmental Protection
                                                Agency (EPA).                                                    the Internet and will be publicly                           and legal authority that are designed to
                                                                                                                 available only in hard copy form.                           assure attainment and maintenance of
                                                ACTION: Final rule.
                                                                                                                 Publicly available docket materials are                     the NAAQS. States were required to
                                                SUMMARY:   The Environmental Protection                          available either electronically through                     submit such SIPs for the 2010 1-hour
                                                Agency (EPA) is taking final action to                           www.regulations.gov or in hard copy at                      SO2 NAAQS to EPA no later than June
                                                approve portions of the State                                    the Air Regulatory Management Section,                      2, 2013.
                                                Implementation Plan (SIP) submission,                            Air Planning and Implementation                                EPA is acting upon the SIP
                                                submitted by the Commonwealth of                                 Branch, Air, Pesticides and Toxics                          submission from Kentucky that
                                                Kentucky, Energy and Environment                                 Management Division, U.S.                                   addresses the infrastructure
                                                Cabinet, Department for Environmental                            Environmental Protection Agency,                            requirements of CAA sections 110(a)(1)
                                                Protection, through the Kentucky                                 Region 4, 61 Forsyth Street SW.,                            and 110(a)(2) for the 2010 1-hour SO2
                                                Division for Air Quality (KDAQ), on                              Atlanta, Georgia 30303–8960. EPA                            NAAQS. In a notice of proposed
                                                April 26, 2013, for inclusion into the                           requests that if at all possible, you                       rulemaking (NPRM) published on April
                                                Kentucky SIP. This final action pertains                         contact the person listed in the FOR                        4, 2016 (81 FR 19098), EPA proposed to
                                                to the infrastructure requirements of the                        FURTHER INFORMATION CONTACT section to                      approve Kentucky’s 2010 1-hour SO2
                                                Clean Air Act (CAA or Act) for the 2010                          schedule your inspection. The Regional                      NAAQS infrastructure SIP submission
                                                1-hour sulfur dioxide (SO2) national                             Office’s official hours of business are                     submitted on April 26, 2013, with the
                                                ambient air quality standard (NAAQS).                            Monday through Friday, 8:30 a.m. to                         exception of the minor source program
                                                The CAA requires that each state adopt                           4:30 p.m., excluding federal holidays.                      requirements of section 110(a)(2)(C) and
                                                and submit a SIP for the                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                             the interstate transport provisions
                                                implementation, maintenance and                                  Michele Notarianni, Air Regulatory                          pertaining to the contribution to
                                                enforcement of each NAAQS                                        Management Section, Air Planning and                        nonattainment or interference with
                                                promulgated by EPA, which is                                     Implementation Branch, Air, Pesticides                      maintenance in other states and
                                                commonly referred to as an                                       and Toxics Management Division, U.S.                        visibility protection requirements of
                                                ‘‘infrastructure SIP submission.’’ KDAQ                          Environmental Protection Agency,                            section 110(a)(2)(D)(i)(I) and (II) (prongs
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                                                certified that the Kentucky SIP contains                         Region 4, 61 Forsyth Street SW.,                            1, 2, and 4). The details of Kentucky’s
                                                provisions that ensure the 2010 1-hour                           Atlanta, Georgia 30303–8960. Ms.                            submission and the rationale for EPA’s
                                                SO2 NAAQS is implemented, enforced,                                                                                          actions are explained in the proposed
                                                                                                                 Notarianni can be reached via electronic
                                                and maintained in Kentucky. EPA has                                                                                          rulemaking. Comments on the NPRM
                                                                                                                 mail at notarianni.michele@epa.gov or
                                                determined that Kentucky’s                                                                                                   were due on or before May 4, 2016. EPA
                                                                                                                 via telephone at (404) 562–9031.
                                                infrastructure SIP submission, provided                                                                                      received an adverse comment on the
                                                to EPA on April 26, 2013, satisfies                              SUPPLEMENTARY INFORMATION:                                  proposed action. Additionally, EPA


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Document Created: 2016-12-06 02:19:00
Document Modified: 2016-12-06 02:19:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective January 5, 2017.
ContactRichard 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. The telephone number is (404) 562-8726. Mr. Wong can be reached via electronic mail at [email protected]
FR Citation81 FR 87815 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Sulfur Dioxide; Particulate Matter and Reporting and Recordkeeping Requirements

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