81 FR 87817 - Air Quality Plans; Kentucky; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 234 (December 6, 2016)
Federal Register Volume 81, Issue 234 (December 6, 2016)
| Page Range | 87817-87819 | |
| FR Document | 2016-29115 |
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)] [Rules and Regulations] [Pages 87817-87819] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29115] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0426; FRL-9955-96-Region 4] Air Quality Plans; Kentucky; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). 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, for inclusion into the Kentucky SIP. This final action pertains to the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO2 ) 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 submission.'' KDAQ certified that the Kentucky SIP contains provisions that ensure the 2010 1-hour SO2 NAAQS is implemented, enforced, and maintained in Kentucky. EPA has determined that Kentucky's infrastructure SIP submission, provided to EPA on April 26, 2013, satisfies certain required infrastructure elements for the 2010 1-hour SO2 NAAQS. 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-2014-0426. 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: Michele Notarianni, 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. Ms. Notarianni can be reached via electronic mail at [email protected] or via telephone at (404) 562-9031. SUPPLEMENTARY INFORMATION: I. Background and Overview On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the primary SO2 NAAQS to an hourly standard of 75 parts per billion (ppb) based on a 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 1-hour SO2 NAAQS to EPA no later than June 2, 2013. EPA is acting upon the SIP submission from Kentucky that addresses the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2010 1-hour SO2 NAAQS. In a notice of proposed rulemaking (NPRM) published on April 4, 2016 (81 FR 19098), EPA proposed to approve Kentucky's 2010 1-hour SO2 NAAQS infrastructure SIP submission submitted on April 26, 2013, with the exception of the minor source program requirements of section 110(a)(2)(C) and the interstate transport provisions pertaining to the contribution to nonattainment or interference with maintenance in other states and visibility protection requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). The details of Kentucky's submission and the rationale for EPA's actions are explained in the proposed rulemaking. Comments on the NPRM were due on or before May 4, 2016. EPA received an adverse comment on the proposed action. Additionally, EPA [[Page 87818]] acknowledges an erroneous date cited in the Technical Support Document (TSD) to its April 4, 2016, proposal action. For the Kentucky entry in Table 1 of EPA's TSD, ``November 23, 2014 (79 FR 65143)'' is listed in two places. These two entries should read: ``November 3, 2014 (79 FR 65143)''. II. Response to Comments EPA received an adverse comment on the April 4, 2016, NPRM to approve Kentucky's 2010 1-hour SO2 NAAQS infrastructure SIP submission intended to meet the CAA requirements for the 2010 1-hour SO2 NAAQS. A summary of the comment and EPA's response is provided below. The comment is also available in the docket for this final rulemaking action. Comment: The Commenter stated, ``EPA cannot approve the PSD [Prevention of Significant Deterioration] related elements of this Infrastructure SIP until the Jefferson County local air authority has incorporated PM2.5 [fine particulate matter] increments into its PSD program.'' Response: EPA does not agree with the Commenter's assertion that EPA cannot approve the PSD elements of Kentucky's submittal until the Jefferson County Air Pollution Control District incorporates PM2.5 increments into its PSD program. As discussed in the April 4, 2016, NPRM (see 81 FR 19104), Kentucky's SIP-approved PSD permitting program for major sources contains required structural PSD requirements, including PM2.5 increments. See 79 FR 65143, November 3, 2014. Kentucky's rule does not have any exclusion, exception or exemption for individual localities such as Jefferson County, Kentucky. Accordingly, the PSD permitting requirements, including the PM2.5 increments, apply in all areas of the Commonwealth, including Jefferson County. Kentucky has a statutory provision that addresses local air pollution control programs at KRS 224.20-130, Concurrent jurisdiction with local district--Effect. This section cross references local programs established under KRS chapter 77, which is the statutory authority for the Jefferson County program. KRS 224.20-130 requires the Energy and Environment Cabinet to approve local programs; provides that local programs cannot be less stringent; provides that, upon approval, there is concurrent jurisdiction; and provides that this (approval of a local program with concurrent jurisdiction) in no way diminishes the authority of the cabinet to administer and enforce chapter 224--which is the chapter that comprises and/or authorizes Kentucky's SIP regulations, including its PSD program. Also, subsection (2) of KRS 224.20-130 allows the cabinet to suspend or revoke approval, or modify the authority granted to a local air pollution control program in Kentucky if the cabinet determines, after public hearing with notice, that a local air pollution control program is not being administered in accordance with the statutes and regulations of the cabinet or the district. Further, subsection (4) states that, ``The cabinet shall be empowered to enforce any and all regulations or standards in any district when concurrent jurisdiction is granted.'' Therefore, Kentucky's PSD program applies to the entire Commonwealth, including Jefferson County, and any deficiencies in the PSD program for Jefferson County would not impact the sufficiency of Kentucky's SIP for the PSD infrastructure elements. III. Final Action With the exception of the minor source program requirements of section 110(a)(2)(C) and the interstate transport provisions pertaining to the contribution to nonattainment or interference with maintenance in other states and visibility protection requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking final action to approve Kentucky's infrastructure submission submitted on April 26, 2013, for the 2010 1-hour SO2 NAAQS for the above described infrastructure SIP requirements. EPA is taking final action to approve Kentucky's infrastructure SIP submission for the 2010 1-hour SO2 NAAQS because the submission is consistent with section 110 of the CAA. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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, 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). [[Page 87819]] 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, Nitrogen dioxide, Reporting and recordkeeping requirements and Sulfur oxides. 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(e) is amended by adding a new entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO 2 National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (e) * * * EPA-Approved Kentucky Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable geographic submittal EPA approval provision or nonattainment area date/effective date Explanations date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Kentucky............... 04/26/2013 12/6/2016 With the exception of Infrastructure Requirements the minor source for the 2010 1-hour SO2 NAAQS. program requirements of section 110(a)(2)(C) and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-29115 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 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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![87818 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
acknowledges an erroneous date cited in which is the chapter that comprises • does not impose an information
the Technical Support Document (TSD) and/or authorizes Kentucky’s SIP collection burden under the provisions
to its April 4, 2016, proposal action. For regulations, including its PSD program. of the Paperwork Reduction Act (44
the Kentucky entry in Table 1 of EPA’s Also, subsection (2) of KRS 224.20–130 U.S.C. 3501 et seq.);
TSD, ‘‘November 23, 2014 (79 FR allows the cabinet to suspend or revoke • is certified as not having a
65143)’’ is listed in two places. These approval, or modify the authority significant economic impact on a
two entries should read: ‘‘November 3, granted to a local air pollution control substantial number of small entities
2014 (79 FR 65143)’’. program in Kentucky if the cabinet under the Regulatory Flexibility Act (5
determines, after public hearing with U.S.C. 601 et seq.);
II. Response to Comments • does not contain any unfunded
notice, that a local air pollution control
EPA received an adverse comment on program is not being administered in mandate or significantly or uniquely
the April 4, 2016, NPRM to approve accordance with the statutes and affect small governments, as described
Kentucky’s 2010 1-hour SO2 NAAQS regulations of the cabinet or the district. in the Unfunded Mandates Reform Act
infrastructure SIP submission intended Further, subsection (4) states that, ‘‘The of 1995 (Pub. L. 104–4);
to meet the CAA requirements for the cabinet shall be empowered to enforce • does not have Federalism
2010 1-hour SO2 NAAQS. A summary of any and all regulations or standards in implications as specified in Executive
the comment and EPA’s response is any district when concurrent Order 13132 (64 FR 43255, August 10,
provided below. The comment is also jurisdiction is granted.’’ 1999);
available in the docket for this final Therefore, Kentucky’s PSD program • is not an economically significant
rulemaking action. applies to the entire Commonwealth, regulatory action based on health or
Comment: The Commenter stated, including Jefferson County, and any safety risks subject to Executive Order
‘‘EPA cannot approve the PSD deficiencies in the PSD program for 13045 (62 FR 19885, April 23, 1997);
[Prevention of Significant Deterioration] Jefferson County would not impact the • is not a significant regulatory action
related elements of this Infrastructure sufficiency of Kentucky’s SIP for the subject to Executive Order 13211 (66 FR
SIP until the Jefferson County local air PSD infrastructure elements. 28355, May 22, 2001);
authority has incorporated PM2.5 [fine • is not subject to requirements of
particulate matter] increments into its III. Final Action Section 12(d) of the National
PSD program.’’ With the exception of the minor Technology Transfer and Advancement
Response: EPA does not agree with source program requirements of section Act of 1995 (15 U.S.C. 272 note) because
the Commenter’s assertion that EPA 110(a)(2)(C) and the interstate transport application of those requirements would
cannot approve the PSD elements of provisions pertaining to the be inconsistent with the CAA; and
Kentucky’s submittal until the Jefferson contribution to nonattainment or • does not provide EPA with the
County Air Pollution Control District interference with maintenance in other discretionary authority to address, as
incorporates PM2.5 increments into its states and visibility protection appropriate, disproportionate human
PSD program. As discussed in the April requirements of section 110(a)(2)(D)(i)(I) health or environmental effects, using
4, 2016, NPRM (see 81 FR 19104), and (II) (prongs 1, 2, and 4), EPA is practicable and legally permissible
Kentucky’s SIP-approved PSD taking final action to approve methods, under Executive Order 12898
permitting program for major sources Kentucky’s infrastructure submission (59 FR 7629, February 16, 1994).
contains required structural PSD submitted on April 26, 2013, for the The SIP is not approved to apply on
requirements, including PM2.5 2010 1-hour SO2 NAAQS for the above any Indian reservation land or in any
increments. See 79 FR 65143, November described infrastructure SIP other area where EPA or an Indian tribe
3, 2014. Kentucky’s rule does not have requirements. EPA is taking final action has demonstrated that a tribe has
any exclusion, exception or exemption to approve Kentucky’s infrastructure SIP jurisdiction. In those areas of Indian
for individual localities such as submission for the 2010 1-hour SO2 country, the rule does not have tribal
Jefferson County, Kentucky. NAAQS because the submission is implications as specified by Executive
Accordingly, the PSD permitting consistent with section 110 of the CAA. Order 13175 (65 FR 67249, November 9,
requirements, including the PM2.5 2000), nor will it impose substantial
increments, apply in all areas of the IV. Statutory and Executive Order direct costs on tribal governments or
Commonwealth, including Jefferson Reviews preempt tribal law.
County. Under the CAA, the Administrator is The Congressional Review Act, 5
Kentucky has a statutory provision required to approve a SIP submission U.S.C. 801 et seq., as added by the Small
that addresses local air pollution control that complies with the provisions of the Business Regulatory Enforcement
programs at KRS 224.20–130, Act and applicable federal regulations. Fairness Act of 1996, generally provides
Concurrent jurisdiction with local See 42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the
district—Effect. This section cross Thus, in reviewing SIP submissions, agency promulgating the rule must
references local programs established EPA’s role is to approve state choices, submit a rule report, which includes a
under KRS chapter 77, which is the provided that they meet the criteria of copy of the rule, to each House of the
statutory authority for the Jefferson the CAA. Accordingly, this action Congress and to the Comptroller General
County program. KRS 224.20–130 merely approves state law as meeting of the United States. EPA will submit a
requires the Energy and Environment federal requirements and does not report containing this action and other
Cabinet to approve local programs; impose additional requirements beyond required information to the U.S. Senate,
provides that local programs cannot be those imposed by state law. For that the U.S. House of Representatives, and
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less stringent; provides that, upon reason, this action: the Comptroller General of the United
approval, there is concurrent • Is not a significant regulatory action States prior to publication of the rule in
jurisdiction; and provides that this subject to review by the Office of the Federal Register. A major rule
(approval of a local program with Management and Budget under cannot take effect until 60 days after it
concurrent jurisdiction) in no way Executive Orders 12866 (58 FR 51735, is published in the Federal Register.
diminishes the authority of the cabinet October 4, 1993) and 13563 (76 FR 3821, This action is not a ‘‘major rule’’ as
to administer and enforce chapter 224— January 21, 2011); defined by 5 U.S.C. 804(2).
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Under section 307(b)(1) of the CAA, List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
petitions for judicial review of this Environmental protection, Air
action must be filed in the United States Subpart S—Kentucky
pollution control, Incorporation by
Court of Appeals for the appropriate reference, Intergovernmental relations,
circuit by February 6, 2017. Filing a Nitrogen dioxide, Reporting and ■ 2. Section 52.920(e) is amended by
petition for reconsideration by the recordkeeping requirements and Sulfur adding a new entry ‘‘110(a)(1) and (2)
Administrator of this final rule does not oxides. Infrastructure Requirements for the 2010
affect the finality of this action for the 1-hour SO2 National Ambient Air
Dated: November 21, 2016.
purposes of judicial review nor does it Quality Standard’’ at the end of the table
Heather McTeer Toney,
extend the time within which a petition to read as follows:
Regional Administrator, Region 4.
for judicial review may be filed, and § 52.920 Identification of plan.
40 CFR part 52 is amended as follows:
shall not postpone the effectiveness of
such rule or action. This action may not * * * * *
PART 52—APPROVAL AND
be challenged later in proceedings to PROMULGATION OF (e) * * *
enforce its requirements. See section IMPLEMENTATION PLANS
307(b)(2).
■ 1. The authority citation for part 52
continues to read as follows:
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable
State submittal
Name of non-regulatory SIP geographic or EPA approval
date/effective Explanations
provision nonattainment date
date
area
* * * * * * *
110(a)(1) and (2) Infrastruc- Kentucky ........... 04/26/2013 12/6/2016 With the exception of the minor source program require-
ture Requirements for the ments of section 110(a)(2)(C) and the interstate trans-
2010 1-hour SO2 NAAQS. port requirements of section 110(a)(2)(D)(i)(I) and (II)
(prongs 1, 2, and 4).
[FR Doc. 2016–29115 Filed 12–5–16; 8:45 am] attainment. This action is being taken accordance with its statutory obligations
BILLING CODE 6560–50–P under the Clean Air Act (CAA). under section 181(b)(2)(A) of the CAA
DATES: This final rule is effective on and the provisions of the SIP
January 5, 2017. Requirements Rule (40 CFR 51.1103),
ENVIRONMENTAL PROTECTION ADDRESSES: EPA has established a that the Pittsburgh Area attained the
AGENCY docket for this action under Docket ID 2008 ozone NAAQS by the applicable
Number EPA–R03–OAR–2016–0368. All attainment date of July 20, 2016.
40 CFR Part 52
documents in the docket are listed on II. EPA’s Evaluation
[EPA–R03–OAR–2016–0368; FRL–9955–91– the http://www.regulations.gov Web
Region 3] site. Although listed in the index, some Consistent with the requirements
information is not publicly available, contained in 40 CFR part 50, EPA
Determination of Attainment by the e.g., confidential business information reviewed the ozone ambient air quality
Attainment Date for the 2008 Ozone (CBI) or other information whose monitoring data for the monitoring
National Ambient Air Quality disclosure is restricted by statute. period from 2013 through 2015 for the
Standards; Pennsylvania; Pittsburgh- Certain other material, such as Pittsburgh Area, as recorded in the AQS
Beaver Valley copyrighted material, is not placed on database. State and local agencies
AGENCY: Environmental Protection the Internet and will be publicly responsible for ozone air monitoring
Agency (EPA). available only in hard copy form. networks supplied and quality assured
Publicly available docket materials are the data. EPA determined that the
ACTION: Final rule.
available through http:// monitoring sites with valid data had
SUMMARY: The Environmental Protection www.regulations.gov, or please contact design values equal to or less than 0.075
Agency (EPA) is making a final the person identified in the FOR FURTHER ppm based on the 2013–2015
determination that the Pittsburgh- INFORMATION CONTACT section for monitoring period. Therefore, the
Beaver Valley, Pennsylvania marginal additional availability information. Pittsburgh Area attained the 2008 ozone
ozone nonattainment area (the FOR FURTHER INFORMATION CONTACT: NAAQS.
Pittsburgh Area) has attained the 2008 Gavin Huang, (215) 814–2042, or by Other specific requirements of this
8-hour ozone national ambient air email at huang.gavin@epa.gov. determination of attainment by the
quality standards (the 2008 ozone SUPPLEMENTARY INFORMATION: attainment date and the rationale for
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NAAQS) by the July 20, 2016 attainment EPA’s action are explained in the NPR
date. This determination is based on I. Background and will not be restated here. No public
complete, certified, and quality assured On August 25, 2016 (81 FR 58435), comments were received on the NPR.
ambient air quality monitoring data for EPA published a notice of proposed
III. Final Action
the Pittsburgh Area for the 2013–2015 rulemaking (NPR) for the
monitoring period. This determination Commonwealth of Pennsylvania. In the EPA is making a final determination,
does not constitute a redesignation to NPR, EPA proposed to determine, in in accordance with its statutory
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Document Created: 2016-12-06 02:18:42
Document Modified: 2016-12-06 02:18:42
| 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 January 5, 2017. | |
| Contact | Michele Notarianni, 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. Ms. Notarianni can be reached via electronic mail at [email protected] or via telephone at (404) 562-9031. | |
| FR Citation | 81 FR 87817 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide and Reporting and Recordkeeping Requirements and Sulfur Oxides |
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