81 FR 95041 - Air Plan Approval; KY; RACM Determination for the KY Portion of the Louisville Area 1997 Annual PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 248 (December 27, 2016)
Federal Register Volume 81, Issue 248 (December 27, 2016)
| Page Range | 95041-95043 | |
| FR Document | 2016-31023 |
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)] [Rules and Regulations] [Pages 95041-95043] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31023] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0526; FRL-9957-39-Region 4] Air Plan Approval; KY; RACM Determination for the KY Portion of the Louisville Area 1997 Annual PM2.5 AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ) on August 9, 2016, that addresses reasonably available control measures (RACM) for the Kentucky portion of the Louisville, KY-IN, nonattainment area for the 1997 Annual fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS) (hereinafter referred to as the ``bi-state Louisville Area'' or ``Area''). DATES: This rule will be effective January 26, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0526. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be 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: Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sanchez can be reached via telephone at (404) 562-9644 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background In 1997, EPA promulgated the first air quality standards for PM2.5 . EPA promulgated an annual standard at a level of 15 micrograms per cubic meter ([mu]g/m\3\) (based on a 3-year average of annual mean PM2.5 concentrations) and a 24-hour standard of 65 [mu]g/m\3\ (based on a 3-year average of the 98th percentile of 24- hour concentrations). See 62 FR 38652 (July 18, 1997). On January 5, 2005 (70 FR 944), and supplemented on April 14, 2005 (70 FR 19844), EPA designated the bi-state Louisville Area as nonattainment for the 1997 Annual PM2.5 NAAQS. In that action, EPA defined the bi-state Louisville Area to include Bullitt and Jefferson Counties in Kentucky as well as Clark and Floyd Counties and a portion of Jefferson County (Madison Township) in Indiana. Designation of an area as nonattainment for PM2.5 starts the process for a state to develop and submit to EPA a SIP revision under title I, part D of the Clean Air Act (CAA or Act). This SIP revision must include, among other elements, a demonstration of how the NAAQS will be attained in the nonattainment area as expeditiously as practicable, but no later than the attainment date required by the CAA. Originally, EPA designated all 1997 PM2.5 NAAQS areas under title I, part D, subpart 1 (hereinafter ``Subpart 1''). Subpart 1, comprised of CAA sections 171-179B, sets forth the basic nonattainment requirements applicable to all nonattainment areas. Section 172(c) contains the general SIP requirements for these areas, including RACM requirements under section 172(c)(1). On April 25, 2007 (72 FR 20586), EPA promulgated a rule, codified at 40 CFR part 51, subpart Z, to implement the 1997 PM2.5 NAAQS under Subpart 1 (hereinafter referred to as the ``1997 PM2.5 Implementation Rule'').\1\ On December 3, 2008, Kentucky submitted an attainment demonstration SIP revision for the Area that addressed RACM and certain other section 172(c) elements including a reasonable further progress (RFP) plan, base-year and attainment-year emissions inventories, and contingency measures for the Area. This SIP revision included a section 172(c)(1) RACM determination that there were no potential emissions control measures that, if considered collectively, would advance the attainment date by one year or more. --------------------------------------------------------------------------- \1\ On January 4, 2013, in Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013), the United State Court of Appeals for the District of Columbia Circuit (D.C. Circuit) found that EPA erred in implementing the 1997 PM2.5 NAAQS pursuant solely to the general implementation provisions of Subpart 1 rather than the particulate matter-specific provisions in title I, part D, subpart 4. The court remanded both the 1997 PM2.5 Implementation Rule and the final rule entitled ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5 )'' (73 FR 28321, May 16, 2008) to EPA to address this error. In 2014, EPA finalized a rule classifying areas previously designated nonattainment for the 1997 and/or 2006 fine particle pollution standards under Subpart 1, including the bi- state Louisville Area, as ``Moderate'' nonattainment areas under subpart 4 and setting deadlines for SIP submissions addressing the requirements of subpart 4. See 79 FR 31566 (June 2, 2014) [hereinafter 2014 Rule]. --------------------------------------------------------------------------- In 2011, EPA determined that the bi-state Louisville Area had attained the 1997 Annual PM2.5 NAAQS based upon complete, quality-assured, and certified ambient air monitoring data for the 2007-2009 period. See 76 FR 55544 (September 7, 2011); 40 CFR 52.929(b). As a result of this determination and in accordance with 40 CFR 51.1004(c), the requirements for the Area to submit attainment demonstrations and associated RACM, RFP plans, contingency measures, and other planning SIP revisions related to attainment of the 1997 Annual PM2.5 NAAQS are suspended for so long as: The area is redesignated to attainment, [[Page 95042]] at which time the requirements no longer apply; or EPA determines that the area has violated the PM2.5 NAAQS, at which time the area is again required to submit such plans. Therefore, Kentucky withdrew the aforementioned PM2.5 attainment demonstration SIP revision except for the portion addressing emissions inventory requirements under section 172(c)(3). EPA later approved Kentucky's 2002 base-year emissions inventory for the Louisville Area pursuant to section 172(c)(3) on August 2, 2012 (77 FR 45956). On March 5, 2012, Kentucky submitted a request to redesignate the Kentucky portion of the bi-state Louisville Area to attainment for the 1997 Annual PM2.5 NAAQS.\2\ As the result of a 2015 decision from the United States Court of Appeals for the Sixth Circuit (Sixth Circuit) in Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015) requiring a SIP-approved Subpart 1 RACM determination prior to the redesignation of a 1997 Annual PM2.5 NAAQS nonattainment area, Kentucky submitted a SIP revision on August 9, 2016, to address the section 172(c)(1) RACM requirements and to support the Commonwealth's March 5, 2012, redesignation request. In that SIP revision, the Commonwealth determined that no additional control measures are necessary in the Area to satisfy the CAA section 172(c)(1) RACM requirements. --------------------------------------------------------------------------- \2\ Kentucky submitted its redesignation request prior to the aforementioned ruling in Natural Resources Defense Council v. EPA. As discussed in the 2014 Rule, EPA's position is that this ruling does not apply retroactively. See 79 FR at 31568. --------------------------------------------------------------------------- In a notice of proposed rulemaking (NPRM) published on October 21, 2016 (81 FR 72755), EPA proposed to conclude that Kentucky's Subpart 1 RACM determination meets the requirements of CAA section 172(c)(1) and to incorporate this RACM determination into the SIP. The details of Kentucky's SIP revision and the rationale for EPA's action are explained in the NPRM. Comments on the proposed rulemaking were due on or before November 21, 2016. EPA did not receive any adverse comments on the proposed action. II. Final Action EPA is approving Kentucky's August 9, 2016, SIP revision addressing RACM requirements for the 1997 Annual PM2.5 NAAQS for the Kentucky portion of the bi-state Louisville Area. EPA has concluded that Kentucky's Subpart 1 RACM determination meets the requirements of CAA section 172(c)(1) and is incorporating this RACM determination into the SIP. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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). 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 27, 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: December 15, 2016. Heather McTeer Toney, Regional Administrator, Region 4. 0 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 for ``RACM for the Kentucky portion of Louisville, KY-IN [[Page 95043]] Area for the 1997 Annual PM 2.5 NAAQS'' 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 submittal date/ provision geographic or effective EPA approval date Explanations nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * RACM for the Kentucky portion of Bullitt and 08/09/2016 12/27/2016, [Insert Louisville, KY-IN Area for the Jefferson Counties. citation of 1997 Annual PM2.5 NAAQS. publication]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-31023 Filed 12-23-16; 8:45 am] BILLING CODE 6560-50-P
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in the FOR FURTHER INFORMATION Web site. Although listed in the index, the nonattainment area as expeditiously
CONTACT section of this document for some information may not be publicly as practicable, but no later than the
alternate instructions. We accept available, i.e., Confidential Business attainment date required by the CAA.
anonymous comments. All comments Information or other information whose Originally, EPA designated all 1997
received will be posted without change disclosure is restricted by statute. PM2.5 NAAQS areas under title I, part D,
to http://www.regulations.gov and will Certain other material, such as subpart 1 (hereinafter ‘‘Subpart 1’’).
include any personal information you copyrighted material, is not placed on Subpart 1, comprised of CAA sections
have provided. For more about privacy the Internet and will be publicly 171–179B, sets forth the basic
and the docket, you may review a available only in hard copy form. nonattainment requirements applicable
Privacy Act notice regarding the Federal Publicly available docket materials are to all nonattainment areas. Section
Docket Management System in the available either electronically through 172(c) contains the general SIP
March 24, 2005, issue of the Federal www.regulations.gov or in hard copy at requirements for these areas, including
Register (70 FR 15086). the Air Regulatory Management Section, RACM requirements under section
Documents mentioned in this notice, Air Planning and Implementation 172(c)(1). On April 25, 2007 (72 FR
and all public comments, are in our Branch, Air, Pesticides and Toxics 20586), EPA promulgated a rule,
online docket at http:// Management Division, U.S. codified at 40 CFR part 51, subpart Z,
www.regulations.gov and can be viewed Environmental Protection Agency, to implement the 1997 PM2.5 NAAQS
by following that Web site’s Region 4, 61 Forsyth Street SW., under Subpart 1 (hereinafter referred to
instructions. Additionally, if you go to Atlanta, Georgia 30303–8960. EPA as the ‘‘1997 PM2.5 Implementation
the online docket, and sign up for email requests that if at all possible, you Rule’’).1 On December 3, 2008,
alerts, you will be notified when contact the person listed in the FOR Kentucky submitted an attainment
comments are posted or a final rule is FURTHER INFORMATION CONTACT section to demonstration SIP revision for the Area
published. schedule your inspection. The Regional that addressed RACM and certain other
Office’s official hours of business are section 172(c) elements including a
Dated: December 19, 2016.
Monday through Friday 8:30 a.m. to reasonable further progress (RFP) plan,
Steven M. Fischer, base-year and attainment-year emissions
Bridge Administrator, Thirteenth Coast Guard
4:30 p.m., excluding federal holidays.
inventories, and contingency measures
District. FOR FURTHER INFORMATION CONTACT:
for the Area. This SIP revision included
[FR Doc. 2016–31058 Filed 12–23–16; 8:45 am] Madolyn Sanchez, Air Regulatory
a section 172(c)(1) RACM determination
Management Section, Air Planning and
BILLING CODE 9110–04–P that there were no potential emissions
Implementation Branch, Air, Pesticides
control measures that, if considered
and Toxics Management Division,
collectively, would advance the
Region 4, U.S. Environmental Protection
ENVIRONMENTAL PROTECTION attainment date by one year or more.
Agency, 61 Forsyth Street SW., Atlanta, In 2011, EPA determined that the bi-
AGENCY
Georgia 30303–8960. Ms. Sanchez can state Louisville Area had attained the
40 CFR Part 52 be reached via telephone at (404) 562– 1997 Annual PM2.5 NAAQS based upon
9644 and via electronic mail at complete, quality-assured, and certified
[EPA–R04–OAR–2016–0526; FRL–9957–39– sanchez.madolyn@epa.gov.
Region 4] ambient air monitoring data for the
SUPPLEMENTARY INFORMATION: 2007–2009 period. See 76 FR 55544
Air Plan Approval; KY; RACM I. Background (September 7, 2011); 40 CFR 52.929(b).
Determination for the KY Portion of the As a result of this determination and in
Louisville Area 1997 Annual PM2.5 In 1997, EPA promulgated the first air accordance with 40 CFR 51.1004(c), the
quality standards for PM2.5. EPA requirements for the Area to submit
AGENCY: Environmental Protection promulgated an annual standard at a attainment demonstrations and
Agency (EPA). level of 15 micrograms per cubic meter associated RACM, RFP plans,
ACTION: Final rule. (mg/m3) (based on a 3-year average of contingency measures, and other
annual mean PM2.5 concentrations) and planning SIP revisions related to
SUMMARY: The Environmental Protection a 24-hour standard of 65 mg/m3 (based attainment of the 1997 Annual PM2.5
Agency (EPA) is approving a State on a 3-year average of the 98th NAAQS are suspended for so long as:
Implementation Plan (SIP) revision percentile of 24-hour concentrations). The area is redesignated to attainment,
submitted by the Commonwealth of See 62 FR 38652 (July 18, 1997). On
Kentucky, through the Kentucky January 5, 2005 (70 FR 944), and 1 On January 4, 2013, in Natural Resources
Division for Air Quality (KDAQ) on supplemented on April 14, 2005 (70 FR Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.
August 9, 2016, that addresses 19844), EPA designated the bi-state 2013), the United State Court of Appeals for the
reasonably available control measures Louisville Area as nonattainment for the District of Columbia Circuit (D.C. Circuit) found
(RACM) for the Kentucky portion of the that EPA erred in implementing the 1997 PM2.5
1997 Annual PM2.5 NAAQS. In that NAAQS pursuant solely to the general
Louisville, KY-IN, nonattainment area action, EPA defined the bi-state implementation provisions of Subpart 1 rather than
for the 1997 Annual fine particulate Louisville Area to include Bullitt and the particulate matter-specific provisions in title I,
matter (PM2.5) National Ambient Air Jefferson Counties in Kentucky as well part D, subpart 4. The court remanded both the
Quality Standards (NAAQS) (hereinafter 1997 PM2.5 Implementation Rule and the final rule
as Clark and Floyd Counties and a entitled ‘‘Implementation of the New Source
referred to as the ‘‘bi-state Louisville portion of Jefferson County (Madison Review (NSR) Program for Particulate Matter Less
asabaliauskas on DSK3SPTVN1PROD with RULES
Area’’ or ‘‘Area’’). Township) in Indiana. Designation of an than 2.5 Micrometers (PM2.5)’’ (73 FR 28321, May
DATES: This rule will be effective 16, 2008) to EPA to address this error. In 2014, EPA
area as nonattainment for PM2.5 starts finalized a rule classifying areas previously
January 26, 2017. the process for a state to develop and designated nonattainment for the 1997 and/or 2006
ADDRESSES: EPA has established a submit to EPA a SIP revision under title fine particle pollution standards under Subpart 1,
docket for this action under Docket I, part D of the Clean Air Act (CAA or including the bi-state Louisville Area, as
‘‘Moderate’’ nonattainment areas under subpart 4
Identification No. EPA–R04–OAR– Act). This SIP revision must include, and setting deadlines for SIP submissions
2016–0526. All documents in the docket among other elements, a demonstration addressing the requirements of subpart 4. See 79 FR
are listed on the www.regulations.gov of how the NAAQS will be attained in 31566 (June 2, 2014) [hereinafter 2014 Rule].
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![95042 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
at which time the requirements no and is incorporating this RACM country, the rule does not have tribal
longer apply; or EPA determines that determination into the SIP. implications as specified by Executive
the area has violated the PM2.5 NAAQS, Order 13175 (65 FR 67249, November 9,
III. Statutory and Executive Order
at which time the area is again required 2000), nor will it impose substantial
Reviews
to submit such plans. Therefore, direct costs on tribal governments or
Kentucky withdrew the aforementioned Under the CAA, the Administrator is preempt tribal law.
PM2.5 attainment demonstration SIP required to approve a SIP submission The Congressional Review Act, 5
revision except for the portion that complies with the provisions of the U.S.C. 801 et seq., as added by the Small
addressing emissions inventory Act and applicable federal regulations. Business Regulatory Enforcement
requirements under section 172(c)(3). See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Fairness Act of 1996, generally provides
EPA later approved Kentucky’s 2002 Thus, in reviewing SIP submissions, that before a rule may take effect, the
base-year emissions inventory for the EPA’s role is to approve state choices, agency promulgating the rule must
Louisville Area pursuant to section provided that they meet the criteria of submit a rule report, which includes a
172(c)(3) on August 2, 2012 (77 FR the CAA. Accordingly, this action copy of the rule, to each House of the
45956). merely approves state law as meeting Congress and to the Comptroller General
On March 5, 2012, Kentucky federal requirements and does not of the United States. EPA will submit a
submitted a request to redesignate the impose additional requirements beyond report containing this action and other
Kentucky portion of the bi-state those imposed by state law. For that required information to the U.S. Senate,
Louisville Area to attainment for the reason, this action: the U.S. House of Representatives, and
1997 Annual PM2.5 NAAQS.2 As the • Is not a significant regulatory action the Comptroller General of the United
result of a 2015 decision from the subject to review by the Office of States prior to publication of the rule in
United States Court of Appeals for the Management and Budget under the Federal Register. A major rule
Sixth Circuit (Sixth Circuit) in Sierra Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it
Club v. EPA, 793 F.3d 656 (6th Cir. October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register.
2015) requiring a SIP-approved Subpart January 21, 2011); This action is not a ‘‘major rule’’ as
1 RACM determination prior to the • Does not impose an information defined by 5 U.S.C. 804(2).
redesignation of a 1997 Annual PM2.5 collection burden under the provisions Under section 307(b)(1) of the CAA,
NAAQS nonattainment area, Kentucky of the Paperwork Reduction Act (44 petitions for judicial review of this
submitted a SIP revision on August 9, U.S.C. 3501 et seq.); action must be filed in the United States
2016, to address the section 172(c)(1) • Is certified as not having a Court of Appeals for the appropriate
RACM requirements and to support the significant economic impact on a circuit by February 27, 2017. Filing a
Commonwealth’s March 5, 2012, substantial number of small entities petition for reconsideration by the
redesignation request. In that SIP under the Regulatory Flexibility Act (5 Administrator of this final rule does not
revision, the Commonwealth U.S.C. 601 et seq.); affect the finality of this action for the
determined that no additional control • Does not contain any unfunded purposes of judicial review nor does it
measures are necessary in the Area to mandate or significantly or uniquely extend the time within which a petition
satisfy the CAA section 172(c)(1) RACM affect small governments, as described for judicial review may be filed, and
requirements. in the Unfunded Mandates Reform Act shall not postpone the effectiveness of
In a notice of proposed rulemaking of 1995 (Pub. L. 104–4); such rule or action. This action may not
• Does not have Federalism be challenged later in proceedings to
(NPRM) published on October 21, 2016
implications as specified in Executive enforce its requirements. See section
(81 FR 72755), EPA proposed to
Order 13132 (64 FR 43255, August 10, 307(b)(2).
conclude that Kentucky’s Subpart 1
1999);
RACM determination meets the • Is not an economically significant List of Subjects in 40 CFR Part 52
requirements of CAA section 172(c)(1) regulatory action based on health or Environmental protection, Air
and to incorporate this RACM safety risks subject to Executive Order pollution control, Incorporation by
determination into the SIP. The details 13045 (62 FR 19885, April 23, 1997); reference, Intergovernmental relations,
of Kentucky’s SIP revision and the • Is not a significant regulatory action Nitrogen dioxide, Particulate matter,
rationale for EPA’s action are explained subject to Executive Order 13211 (66 FR Reporting and recordkeeping
in the NPRM. Comments on the 28355, May 22, 2001); requirements, Sulfur oxides, Volatile
proposed rulemaking were due on or • Is not subject to requirements of organic compounds.
before November 21, 2016. EPA did not Section 12(d) of the National
receive any adverse comments on the Dated: December 15, 2016.
Technology Transfer and Advancement
proposed action. Heather McTeer Toney,
Act of 1995 (15 U.S.C. 272 note) because
Regional Administrator, Region 4.
II. Final Action application of those requirements would
be inconsistent with the Clean Air Act; ■ 40 CFR part 52 is amended as follows:
EPA is approving Kentucky’s August and
9, 2016, SIP revision addressing RACM • Does not provide EPA with the PART 52—[APPROVAL AND
requirements for the 1997 Annual PM2.5 discretionary authority to address, as PROMULGATION OF
NAAQS for the Kentucky portion of the appropriate, disproportionate human IMPLEMENTATION PLANS]
bi-state Louisville Area. EPA has health or environmental effects, using ■ 1. The authority citation for part 52
asabaliauskas on DSK3SPTVN1PROD with RULES
concluded that Kentucky’s Subpart 1 practicable and legally permissible
RACM determination meets the continues to read as follows:
methods, under Executive Order 12898
requirements of CAA section 172(c)(1) (59 FR 7629, February 16, 1994). Authority: 42. U.S.C. 7401 et seq.
The SIP is not approved to apply on
2 Kentucky submitted its redesignation request Subpart S—Kentucky
any Indian reservation land or in any
prior to the aforementioned ruling in Natural
Resources Defense Council v. EPA. As discussed in
other area where EPA or an Indian tribe ■ 2. Section 52.920(e) is amended by
the 2014 Rule, EPA’s position is that this ruling has demonstrated that a tribe has adding a new entry for ‘‘RACM for the
does not apply retroactively. See 79 FR at 31568. jurisdiction. In those areas of Indian Kentucky portion of Louisville, KY-IN
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Area for the 1997 Annual PM2.5 § 52.920 Identification of plan.
NAAQS’’ at the end of the table to read * * * * *
as follows: (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State
Name of non-regulatory SIP Applicable geographic or non- submittal EPA approval date Explanations
provision attainment area date/
effective date
* * * * * * *
RACM for the Kentucky por- Bullitt and Jefferson Counties 08/09/2016 12/27/2016, [Insert citation of
tion of Louisville, KY-IN publication].
Area for the 1997 Annual
PM2.5 NAAQS.
[FR Doc. 2016–31023 Filed 12–23–16; 8:45 am] addressed in a separate rulemaking. In EPA. This supplementary information
BILLING CODE 6560–50–P this rulemaking we respond to the section is arranged as follows:
remainder of the comments we received I. What is the background of this SIP
on our initial proposed rulemaking, submittal?
ENVIRONMENTAL PROTECTION which includes those comments not II. Responses to Comments Received on
AGENCY pertaining to element F, and finalize as EPA’s Proposed Rulemaking
initially proposed our approval of the III. What action is EPA taking?
40 CFR Part 52 other elements of Wisconsin’s 2012 IV. Statutory and Executive Order Reviews
[EPA–R05–OAR–2015–0529; FRL–9957–16– PM2.5 infrastructure SIP. I. What is the background of this SIP
Region 5] DATES: This final rule is effective on submittal?
January 26, 2017.
Air Plan Approval; Wisconsin; A. What state SIP submittal does this
Infrastructure SIP Requirements for ADDRESSES: EPA has established a rulemaking address?
the 2012 PM2.5 NAAQS docket for this action under Docket ID
No. EPA–R05–OAR–2015–0529. All This rulemaking addresses a July 13,
AGENCY: Environmental Protection documents in the docket are listed on 2015 infrastructure SIP submittal from
Agency (EPA). the www.regulations.gov Web site. WDNR for the 2012 PM2.5 1 NAAQS.
ACTION: Final rule. Although listed in the index, some B. Why did the State make this SIP
information is not publicly available, submittal?
SUMMARY: The Environmental Protection i.e., Confidential Business Information
Agency (EPA) is finalizing approval of (CBI) or other information whose Under section 110(a)(1) and (2) of the
some elements of a July 13, 2015 state disclosure is restricted by statute. CAA, states are required to submit
implementation plan (SIP) submittal Certain other material, such as infrastructure SIPs to ensure that their
from the Wisconsin Department of copyrighted material, is not placed on SIPs provide for implementation,
Natural Resources (WDNR) regarding the Internet and will be publicly maintenance, and enforcement of the
the infrastructure requirements of available only in hard copy form. NAAQS, including the 2012 PM2.5
section 110 of the Clean Air Act (CAA) Publicly available docket materials are NAAQS. This submittal must contain
for the 2012 fine particulate matter available either through any revisions needed for meeting the
(PM2.5) National Ambient Air Quality www.regulations.gov or at the applicable SIP requirements of section
Standards (NAAQS). The infrastructure Environmental Protection Agency, 110(a)(2) or certifications that the state’s
requirements are designed to ensure that Region 5, Air and Radiation Division, 77 existing SIP for the NAAQS already
the structural components of each West Jackson Boulevard, Chicago, meets those requirements.
state’s air quality management program Illinois 60604. This facility is open from EPA highlighted this statutory
are adequate to meet the state’s 8:30 a.m. to 4:30 p.m., Monday through requirement in an October 2, 2007
responsibilities under the CAA. The Friday, excluding Federal holidays. We guidance document entitled ‘‘Guidance
proposed rulemaking associated with recommend that you telephone Jenny on SIP Elements Required Under
this final action was published on Liljegren, Physical Scientist, at (312) Sections 110(a)(1) and (2) for the 1997
February 19, 2016, and EPA received 886–6832 before visiting the Region 5 8-hour Ozone and PM2.5 National
adverse comments during the comment office. Ambient Air Quality Standards’’ and
period, which ended on March 21, 2016. has issued additional guidance
Responses to comments are included FOR FURTHER INFORMATION CONTACT:
Jenny Liljegren, Physical Scientist, documents, the most recent on
below. In this rulemaking, EPA is not September 13, 2013, entitled ‘‘Guidance
taking action on Wisconsin’s Attainment Planning and Maintenance
on Infrastructure State Implementation
asabaliauskas on DSK3SPTVN1PROD with RULES
satisfaction of the infrastructure Section, Air Programs Branch (AR18J),
Environmental Protection Agency, Plan (SIP) Elements under CAA
requirements of CAA section Sections 110(a)(1) and 110(a)(2).’’ The
110(a)(2)(F), also referred to as ‘‘element Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832, SIP submittal referenced in this
F,’’ which pertains to stationary source rulemaking pertains to the applicable
monitoring and reporting. EPA Liljegren.Jennifer@epa.gov.
proposed approval of and received an SUPPLEMENTARY INFORMATION: 1 PM
2.5 refers to particles with an aerodynamic
adverse comment on our proposed Throughout this document whenever diameter of less than or equal to 2.5 micrometers,
approval of element F, which will be ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean oftentimes referred to as ‘‘fine’’ particles.
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Document Created: 2018-02-14 09:14:04
Document Modified: 2018-02-14 09:14:04
| 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 26, 2017. | |
| Contact | Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sanchez can be reached via telephone at (404) 562-9644 and via electronic mail at [email protected] | |
| FR Citation | 81 FR 95041 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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