82 FR 16943 - Air Plan Approval and Air Quality Designation; KY; Redesignation of the Kentucky Portion of the Louisville 1997 Annual PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 66 (April 7, 2017)
Federal Register Volume 82, Issue 66 (April 7, 2017)
| Page Range | 16943-16946 | |
| FR Document | 2017-06900 |
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)] [Rules and Regulations] [Pages 16943-16946] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06900] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R04-OAR-2012-0773; FRL-9960-55-Region 4] Air Plan Approval and Air Quality Designation; KY; Redesignation of the Kentucky Portion of the Louisville 1997 Annual PM2.5 Nonattainment Area to Attainment AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On March 5, 2012, the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality, submitted a request for the Environmental Protection Agency (EPA) to redesignate the portion of Kentucky that is within the bi-state Louisville, KY-IN fine particulate matter (PM2.5 ) nonattainment area (hereinafter referred to as the ``bi-state Louisville Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan for the Area. EPA is taking final action to approve the Commonwealth's plan for maintaining the 1997 Annual PM2.5 NAAQS in the Area, including the motor vehicle emission budgets (MVEBs) for nitrogen oxide (NOX ) and PM2.5 for the years 2015 and 2025 for the bi-state Louisville Area, and incorporate it into the SIP, and to redesignate the Kentucky portion of the Area to attainment for the 1997 Annual PM2.5 NAAQS. Additionally, EPA finds the 2025 MVEBs for the bi-state Louisville Area adequate for the purposes of transportation conformity. DATES: This rule is effective April 7, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2012-0773. 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 of the Air Regulatory Management Section, in the 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. Madolyn Sanchez may be reached by phone at (404) 562-9644, or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What is the background for the actions? On July 18, 1997, EPA promulgated the first air quality standards for PM2.5 . EPA promulgated an annual standard at a level of 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average of annual mean PM2.5 concentrations. In the same rulemaking, EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of 24-hour concentrations. On October 17, 2006 (71 FR 61144), EPA retained the annual average NAAQS at 15.0 [mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again on the 3-year average of the 98th percentile of 24-hour concentrations. 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 Annual 1997 PM2.5 NAAQS. The bi-state Louisville Area consists of Bullitt and Jefferson Counties in Kentucky as well as Clark and Floyd Counties and a portion of Jefferson County (Madison Township) in Indiana.\1\ On November 13, 2009 (74 FR 58688), EPA promulgated designations for the 24-hour PM2.5 standard established in 2006, designating the bi-state Louisville Area as attainment for that NAAQS. That action clarified that the bi-state Louisville Area was classified unclassifiable/attainment for the 24- hour NAAQS promulgated in 1997. EPA did not promulgate designations for the 2006 Annual PM2.5 NAAQS since that NAAQS was essentially identical to the 1997 Annual PM2.5 NAAQS. --------------------------------------------------------------------------- \1\ In a separate submittal, EPA received the redesignation request and maintenance plan for the Indiana portion of this Area. On September 9, 2016, EPA took final action to determine that the entire bi-state Louisville Area has attained the 1997 PM2.5 standard and to approve Indiana's redesignation request and maintenance plan. See 81 FR 62390. --------------------------------------------------------------------------- On March 5, 2012, Kentucky submitted a request to EPA for redesignation of the Kentucky portion of the bi-state Louisville Area to attainment for the 1997 Annual PM2.5 NAAQS and a related SIP revision containing a maintenance plan for the Area. In a notice of proposed rulemaking (NPRM) published on January 11, 2017 (82 FR 3234), EPA proposed to approve the Commonwealth's 1997 Annual PM2.5 NAAQS maintenance plan, including the 2025 MVEBs for NOx and direct PM2.5 , for the Kentucky portion of the bi-state Louisville Area and incorporate the maintenance plan into the SIP, and to redesignate the Kentucky portion of the bi-state Louisville Area to attainment for the 1997 Annual PM2.5 NAAQS. In that notice, EPA also notified the public of the status of the [[Page 16944]] Agency's adequacy determination for the NOx and direct PM2.5 MVEBs for the Area. No adverse comments were received on the January 11, 2017, proposed rulemaking. The details of Kentucky's submittal and the rationale for EPA's actions are further explained in the NPRM. II. What are the effect of these actions? Approval of the redesignation request changes the legal designation of the counties in the Kentucky portion of the bi-state Louisville Area, found at 40 CFR 81.318, from nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. Approval of Kentucky's associated SIP revision also incorporates a plan into the SIP for maintaining the 1997 Annual PM2.5 NAAQS in the Kentucky portion of the bi- state Louisville Area as described in the NPRM. The maintenance plan also establishes NOx and direct PM2.5 MVEBs for 2025 for the Area and includes contingency measures to remedy any future violations of the 1997 Annual PM2.5 NAAQS and procedures for evaluation of potential violations. The 2025 NOX and PM2.5 MVEBs are 9,311.76 tons per year (tpy) and 324.04 tpy, respectively, for the Area. In the Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements final rule (final PM2.5 SIP requirements rule), EPA revoked the 1997 primary annual PM2.5 NAAQS in areas that had always been attainment for that NAAQS, and in areas that had been designated as nonattainment but that were redesignated to attainment before October 24, 2016, the rule's effective date. See 81 FR 58010 (August 24, 2016). EPA also finalized a provision that revokes the 1997 primary annual PM2.5 NAAQS in areas that are redesignated to attainment for that NAAQS after October 24, 2016, effective on the effective date of the redesignation of the area to attainment for that NAAQS. See 40 CFR 50.13(d). EPA is finalizing the redesignation of the Kentucky portion of the bi-state Louisville Area to attainment for the 1997 annual PM2.5 NAAQS and finalizing the approval of the CAA section 175A maintenance plan for the 1997 primary annual PM2.5 NAAQS.\2\ The 1997 primary annual PM2.5 NAAQS will be revoked in the bi-state Louisville Area on the effective date of this redesignation, April 7, 2017. Beginning on that date, the Area will no longer be subject to transportation or general conformity requirements for the 1997 annual PM2.5 NAAQS due to the revocation of the primary NAAQS. See 81 FR 58125 (August 24, 2016). The Area is required to implement the CAA section 175A maintenance plan for the 1997 primary annual PM2.5 NAAQS that is being approved in today's action and the prevention of significant deterioration program for the 1997 annual PM2.5 NAAQS. The approved maintenance plan can only be revised if the revision meets the requirements of CAA section 110(l) and, if applicable, CAA section 193. The Area is not required to submit a second 10-year maintenance plan for the 1997 primary annual PM2.5 NAAQS. See 81 FR 58144 (August 24, 2016). --------------------------------------------------------------------------- \2\ CAA section 175A(a) establishes the maintenance plan requirements that must be fulfilled by nonattainment areas in order to be redesignated to attainment. That section only requires that nonattainment areas for the primary standard submit a plan addressing maintenance of the primary NAAQS in order to be redesignated to attainment; it does not require nonattainment areas for secondary NAAQS to submit maintenance plans in order to be redesignated to attainment. See 42 U.S.C. 7505a(a). --------------------------------------------------------------------------- III. Final Actions EPA is taking two separate, but related, final actions regarding Kentucky's request to redesignate the Kentucky portion of the bi-state Louisville Area to attainment for the 1997 PM2.5 NAAQS and associated SIP revision. First, EPA is approving the maintenance plan for the bi-state Louisville Area, including the NOX and direct PM2.5 MVEBs for 2025, and incorporating the maintenance plan into the Kentucky SIP. Second, EPA is approving Kentucky's redesignation request and redesignating the Kentucky portion of the Area from nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. As mentioned above, approval of the redesignation request changes the official designation of the counties in the Kentucky portion of the bi-state Louisville Area for the 1997 Annual PM2.5 NAAQS from nonattainment to attainment, as found at 40 CFR part 81. EPA is also notifying the public that EPA finds the newly-established NOX and direct PM2.5 MVEBs for the bi-state Louisville Area adequate for the purpose of transportation conformity. As mentioned above, EPA's most recently promulgated PM2.5 implementation rule provides that the 1997 PM2.5 NAAQS will be revoked for any area that is redesignated for the NAAQS upon the effective date of the redesignation. Therefore, the 1997 primary annual PM2.5 NAAQS is revoked for the Kentucky portion of the bi-state Louisville Area on the effective date of this redesignation. In accordance with 5 U.S.C. 553(d), EPA finds that there is good cause for this action to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to attainment, which relieves the Area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking action may become effective less than 30 days after publication if the rule grants or recognizes an exemption or relieves a restriction, and section 553(d)(3), which allows an effective date less than 30 days after publication as otherwise provided by the agency for good cause found and published with the rule. The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, this rule will serve as a basis for a subsequent action to relieve the Area from certain CAA requirements. For these reasons, EPA finds good cause under 5 U.S.C. 553(d) for this action to become effective on the date of publication of this action. IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, 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 approve state law as meeting federal requirements and do not impose additional requirements beyond those imposed by state law. For this reason, these actions:Are not significant regulatory actions subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, [[Page 16945]] 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 economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); are not significant regulatory actions 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 will not have disproportionate human health or environmental effects 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 June 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 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements. 40 CFR Part 81 Environmental protection, Air pollution control. Dated: March 15, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR parts 52 and 81 are amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart S--Kentucky 0 2. Section 52.920(e) is amended by adding an entry for ``1997 Annual PM 2.5 Maintenance Plan for the Kentucky portion of the bi- state Louisville Area'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (e) * * * EPA-Approved Kentucky Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State submittal Name of non-regulatory SIP geographic or date/effective EPA approval date Explanations provision nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 1997 Annual PM2.5 Maintenance Bullitt and 3/5/2012 4/7/2017 [Insert ................... Plan for the Kentucky portion Jefferson citation of of the bi-state Louisville Area. Counties. publication]. ---------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. In Sec. 81.318, the table entitled ``Kentucky--1997 Annual PM2.5 NAAQS (Primary and secondary)'' is amended under ``Louisville, KY-IN:'' by revising the entries for ``Bullitt County'' and ``Jefferson County'' to read as follows: Sec. 81.318 Kentucky. * * * * * [[Page 16946]] Kentucky--1997 Annual PM2.5 NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation \a\ Classification Designated area -------------------------------------------------------------------------- Date \1\ Type Date \2\ Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * Louisville, KY-IN: Bullitt County................... 4/7/2017 Attainment. Jefferson County................. 4/7/2017 Attainment. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \a\ Includes Indian Country located in each county or area, except as otherwise specified. \1\ This date is 90 days after January 5, 2005, unless otherwise noted. \2\ This date is July 2, 2014, unless otherwise noted. * * * * * [FR Doc. 2017-06900 Filed 4-6-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations 16943
INDIANA—2008 8-HOUR OZONE NAAQS—Continued
(Primary and secondary)
Designation Classification
Designated area
Date 1 Type Date 1 Type
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
* * * * * Identification No. EPA–R04–OAR– retained the annual average NAAQS at
[FR Doc. 2017–06886 Filed 4–6–17; 8:45 am] 2012–0773. All documents in the docket 15.0 mg/m3 but revised the 24-hour
BILLING CODE 6560–50–P are listed on the www.regulations.gov NAAQS to 35 mg/m3, based again on the
Web site. Although listed in the index, 3-year average of the 98th percentile of
some information may not be publicly 24-hour concentrations.
ENVIRONMENTAL PROTECTION available, i.e., Confidential Business On January 5, 2005 (70 FR 944), and
AGENCY Information or other information whose supplemented on April 14, 2005 (70 FR
disclosure is restricted by statute. 19844), EPA designated the bi-state
40 CFR Parts 52 and 81 Certain other material, such as Louisville Area as nonattainment for the
[EPA–R04–OAR–2012–0773; FRL–9960–55- copyrighted material, is not placed on Annual 1997 PM2.5 NAAQS. The bi-state
Region 4] the Internet and will be publicly Louisville Area consists of Bullitt and
available only in hard copy form. Jefferson Counties in Kentucky as well
Air Plan Approval and Air Quality Publicly available docket materials are as Clark and Floyd Counties and a
Designation; KY; Redesignation of the available either electronically through portion of Jefferson County (Madison
Kentucky Portion of the Louisville 1997 www.regulations.gov or in hard copy at Township) in Indiana.1 On November
Annual PM2.5 Nonattainment Area to the Air Regulatory Management Section, 13, 2009 (74 FR 58688), EPA
Attainment Air Planning and Implementation promulgated designations for the 24-
AGENCY: Environmental Protection Branch, Air, Pesticides and Toxics hour PM2.5 standard established in 2006,
Agency. Management Division, U.S. designating the bi-state Louisville Area
Environmental Protection Agency, as attainment for that NAAQS. That
ACTION: Final rule.
Region 4, 61 Forsyth Street SW., action clarified that the bi-state
SUMMARY: On March 5, 2012, the Atlanta, Georgia 30303–8960. EPA Louisville Area was classified
Commonwealth of Kentucky, through requests that if at all possible, you unclassifiable/attainment for the 24-
the Kentucky Energy and Environment contact the person listed in the FOR hour NAAQS promulgated in 1997. EPA
Cabinet, Division for Air Quality, FURTHER INFORMATION CONTACT section to did not promulgate designations for the
submitted a request for the schedule your inspection. The Regional 2006 Annual PM2.5 NAAQS since that
Environmental Protection Agency (EPA) Office’s official hours of business are NAAQS was essentially identical to the
to redesignate the portion of Kentucky Monday through Friday 8:30 a.m. to 1997 Annual PM2.5 NAAQS.
that is within the bi-state Louisville, 4:30 p.m., excluding federal holidays. On March 5, 2012, Kentucky
KY–IN fine particulate matter (PM2.5) FOR FURTHER INFORMATION CONTACT: submitted a request to EPA for
nonattainment area (hereinafter referred Madolyn Sanchez of the Air Regulatory redesignation of the Kentucky portion of
to as the ‘‘bi-state Louisville Area’’ or Management Section, in the Air the bi-state Louisville Area to
‘‘Area’’) to attainment for the 1997 Planning and Implementation Branch, attainment for the 1997 Annual PM2.5
Annual PM2.5 national ambient air Air, Pesticides and Toxics Management NAAQS and a related SIP revision
quality standards (NAAQS) and to Division, U.S. Environmental Protection containing a maintenance plan for the
approve a state implementation plan Agency, Region 4, 61 Forsyth Street Area. In a notice of proposed
(SIP) revision containing a maintenance SW., Atlanta, Georgia 30303–8960. rulemaking (NPRM) published on
plan for the Area. EPA is taking final Madolyn Sanchez may be reached by January 11, 2017 (82 FR 3234), EPA
action to approve the Commonwealth’s phone at (404) 562–9644, or via proposed to approve the
plan for maintaining the 1997 Annual electronic mail at sanchez.madolyn@ Commonwealth’s 1997 Annual PM2.5
PM2.5 NAAQS in the Area, including the epa.gov. NAAQS maintenance plan, including
motor vehicle emission budgets the 2025 MVEBs for NOx and direct
SUPPLEMENTARY INFORMATION: PM2.5, for the Kentucky portion of the
(MVEBs) for nitrogen oxide (NOX) and
PM2.5 for the years 2015 and 2025 for I. What is the background for the bi-state Louisville Area and incorporate
the bi-state Louisville Area, and actions? the maintenance plan into the SIP, and
incorporate it into the SIP, and to to redesignate the Kentucky portion of
On July 18, 1997, EPA promulgated the bi-state Louisville Area to
redesignate the Kentucky portion of the
the first air quality standards for PM2.5. attainment for the 1997 Annual PM2.5
Area to attainment for the 1997 Annual
EPA promulgated an annual standard at NAAQS. In that notice, EPA also
PM2.5 NAAQS. Additionally, EPA finds
a level of 15.0 micrograms per cubic notified the public of the status of the
the 2025 MVEBs for the bi-state
meter (mg/m3), based on a 3-year average
nlaroche on DSK30NT082PROD with RULES
Louisville Area adequate for the
of annual mean PM2.5 concentrations. In 1 In a separate submittal, EPA received the
purposes of transportation conformity.
the same rulemaking, EPA promulgated redesignation request and maintenance plan for the
DATES: This rule is effective April 7, a 24-hour standard of 65 mg/m3, based Indiana portion of this Area. On September 9, 2016,
2017. on a 3-year average of the 98th EPA took final action to determine that the entire
bi-state Louisville Area has attained the 1997 PM2.5
ADDRESSES: EPA has established a percentile of 24-hour concentrations. On standard and to approve Indiana’s redesignation
docket for this action under Docket October 17, 2006 (71 FR 61144), EPA request and maintenance plan. See 81 FR 62390.
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![Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations 16945
October 4, 1993) and 13563 (76 FR 3821, jurisdiction. In those areas of Indian enforce its requirements. See section
January 21, 2011); country, the rule does not have tribal 307(b)(2).
• do not impose an information implications as specified by Executive
List of Subjects
collection burden under the provisions Order 13175 (65 FR 67249, November 9,
of the Paperwork Reduction Act (44 2000), nor will it impose substantial 40 CFR Part 52
U.S.C. 3501 et seq.); direct costs on tribal governments or
Environmental protection, Air
• are certified as not having a preempt tribal law.
pollution control, Incorporation by
significant economic impact on a The Congressional Review Act, 5 reference, Intergovernmental relations,
substantial number of small entities U.S.C. 801 et seq., as added by the Small Nitrogen dioxide, Particulate matter,
under the Regulatory Flexibility Act (5 Business Regulatory Enforcement Reporting and recordkeeping
U.S.C. 601 et seq.); Fairness Act of 1996, generally provides requirements.
• do not contain any unfunded that before a rule may take effect, the
mandate or significantly or uniquely agency promulgating the rule must 40 CFR Part 81
affect small governments, as described submit a rule report, which includes a Environmental protection, Air
in the Unfunded Mandates Reform Act copy of the rule, to each House of the pollution control.
of 1995 (Pub. L. 104–4); Congress and to the Comptroller General
• do not have Federalism of the United States. EPA will submit a Dated: March 15, 2017.
implications as specified in Executive report containing this action and other V. Anne Heard,
Order 13132 (64 FR 43255, August 10, required information to the U.S. Senate, Acting Regional Administrator, Region 4.
1999); the U.S. House of Representatives, and
40 CFR parts 52 and 81 are amended
• are not economically significant the Comptroller General of the United
as follows:
regulatory actions based on health or States prior to publication of the rule in
safety risks subject to Executive Order the Federal Register. A major rule PART 52—APPROVAL AND
13045 (62 FR 19885, April 23, 1997); cannot take effect until 60 days after it PROMULGATION OF
• are not significant regulatory is published in the Federal Register. IMPLEMENTATION PLANS
actions subject to Executive Order This action is not a ‘‘major rule’’ as
13211 (66 FR 28355, May 22, 2001); defined by 5 U.S.C. 804(2). ■ 1. The authority citation for part 52
• are not subject to requirements of Under section 307(b)(1) of the CAA, continues to read as follows:
Section 12(d) of the National petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
Technology Transfer and Advancement action must be filed in the United States
Act of 1995 (15 U.S.C. 272 note) because Court of Appeals for the appropriate Subpart S—Kentucky
application of those requirements would circuit by June 6, 2017. Filing a petition
be inconsistent with the CAA; and for reconsideration by the Administrator ■ 2. Section 52.920(e) is amended by
• will not have disproportionate of this final rule does not affect the adding an entry for ‘‘1997 Annual PM2.5
human health or environmental effects finality of this action for the purposes of Maintenance Plan for the Kentucky
under Executive Order 12898 (59 FR judicial review nor does it extend the portion of the bi-state Louisville Area’’
7629, February 16, 1994). time within which a petition for judicial at the end of the table to read as follows:
The SIP is not approved to apply on review may be filed, and shall not
any Indian reservation land or in any postpone the effectiveness of such rule § 52.920 Identification of plan.
other area where EPA or an Indian tribe or action. This action may not be * * * * *
has demonstrated that a tribe has challenged later in proceedings to (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory Applicable geographic or State submittal EPA approval date Explanations
SIP provision nonattainment area date/effective date
* * * * * * *
1997 Annual PM2.5 Maintenance Bullitt and Jefferson Counties ...... 3/5/2012 4/7/2017 [Insert citation of publi-
Plan for the Kentucky portion of cation].
the bi-state Louisville Area.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. and ‘‘Jefferson County’’ to read as
FOR AIR QUALITY PLANNING ■ 4. In § 81.318, the table entitled follows:
PURPOSES ‘‘Kentucky—1997 Annual PM2.5 § 81.318 Kentucky.
NAAQS (Primary and secondary)’’ is
■ 3. The authority citation for part 81 amended under ‘‘Louisville, KY–IN:’’ by * * * * *
continues to read as follows: revising the entries for ‘‘Bullitt County’’
nlaroche on DSK30NT082PROD with RULES
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![16946 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
KENTUCKY—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a Classification
Designated area
Date 1 Type Date 2 Type
* * * * * * *
Louisville, KY–IN:
Bullitt County ............................................................................................... 4/7/2017 Attainment.
Jefferson County ......................................................................................... 4/7/2017 Attainment.
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
* * * * * complete the required fields, and enter season allowance of the 2017 total
[FR Doc. 2017–06900 Filed 4–6–17; 8:45 am] or attach your comments. allowable catch (TAC) apportioned to
BILLING CODE 6560–50–P • Mail: Submit written comments to vessels using pot gear in the Central
Glenn Merrill, Assistant Regional Regulatory Area of the GOA. Therefore,
Administrator, Sustainable Fisheries in accordance with § 679.25(a)(1)(i),
DEPARTMENT OF COMMERCE Division, Alaska Region NMFS, Attn: (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully
Ellen Sebastian. Mail comments to P.O. use the 2017 TAC of Pacific cod in the
National Oceanic and Atmospheric Box 21668, Juneau, AK 99802–1668. Central Regulatory Area of the GOA,
Administration Instructions: Comments sent by any NMFS is terminating the previous
other method, to any other address or closure and is opening directed fishing
50 CFR Part 679 individual, or received after the end of for Pacific cod by vessels using pot gear
the comment period, may not be in the Central Regulatory Area of the
[Docket No. 160920866–7167–02] considered by NMFS. All comments GOA. The Administrator, Alaska
RIN 0648–XF333 received are a part of the public record Region, NMFS, (Regional Administrator)
and will generally be posted for public considered the following factors in
Fisheries of the Exclusive Economic viewing on www.regulations.gov reaching this decision: (1) The current
Zone Off Alaska; Pacific Cod by without change. All personal identifying catch of Pacific cod by vessels using pot
Vessels Using Pot Gear in the Central information (e.g., name, address), gear in the Central Regulatory Area of
Regulatory Area of the Gulf of Alaska confidential business information, or
the GOA and, (2) the harvest capacity
otherwise sensitive information
AGENCY: National Marine Fisheries and stated intent on future harvesting
submitted voluntarily by the sender will
Service (NMFS), National Oceanic and patterns of vessels in participating in
be publicly accessible. NMFS will
Atmospheric Administration (NOAA), this fishery.
accept anonymous comments (enter
Commerce. ‘‘N/A’’ in the required fields if you wish Classification
ACTION: Temporary rule; modification of to remain anonymous).
a closure. This action responds to the best
FOR FURTHER INFORMATION CONTACT:
available information recently obtained
Obren Davis, 907–586–7228.
SUMMARY: NMFS is opening directed from the fishery. The Acting Assistant
SUPPLEMENTARY INFORMATION: NMFS
fishing for Pacific cod by vessels using Administrator for Fisheries, NOAA
pot gear in the Central Regulatory Area manages the groundfish fishery in the
(AA), finds good cause to waive the
of the Gulf of Alaska (GOA). This action GOA exclusive economic zone
requirement to provide prior notice and
is necessary to fully use the A season according to the Fishery Management
opportunity for public comment
allowance of the 2017 total allowable Plan for Groundfish of the Gulf of
pursuant to the authority set forth at 5
Alaska (FMP) prepared by the North
catch apportioned to vessels using pot U.S.C. 553(b)(B) as such requirement is
Pacific Fishery Management Council
gear in the Central Regulatory Area of impracticable and contrary to the public
under authority of the Magnuson-
the GOA. interest. This requirement is
Stevens Fishery Conservation and
DATES: Effective 1200 hours, Alaska Management Act. Regulations governing impracticable and contrary to the public
local time (A.l.t.), April 6, 2017, through fishing by U.S. vessels in accordance interest as it would prevent NMFS from
1200 hours, A.l.t., June 10, 2017. with the FMP appear at subpart H of 50 responding to the most recent fisheries
Comments must be received at the CFR part 600 and 50 CFR part 679. data in a timely fashion and would
following address no later than 4:30 Regulations governing sideboard delay the opening of directed fishing for
p.m., A.l.t., April 24, 2017. protections for GOA groundfish Pacific cod by vessels using pot gear in
ADDRESSES: You may submit comments fisheries appear at subpart B of 50 CFR the Central Regulatory Area of the GOA.
on this document, identified by NOAA– part 680. NMFS was unable to publish a notice
NMFS–2016–0127, by any of the NMFS closed directed fishing for providing time for public comment
because the most recent, relevant data
nlaroche on DSK30NT082PROD with RULES
following methods: Pacific cod by vessels using pot gear in
• Electronic Submission: Submit all the Central Regulatory Area of the GOA only became available as of April 3,
electronic public comments via the under § 679.20(d)(1)(iii) on February 23, 2017.
Federal e-Rulemaking Portal. Go to 2017 (82 FR 11852, February 27, 2017). The AA also finds good cause to
www.regulations.gov/ NMFS has determined that as of April waive the 30-day delay in the effective
#!docketDetail;D=NOAA-NMFS-2016- 3, 2017, approximately 1,260 metric date of this action under 5 U.S.C.
0127, click the ‘‘Comment Now!’’ icon, tons of Pacific cod remain in the A 553(d)(3). This finding is based upon
VerDate Sep<11>2014 16:45 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1](https://thefederalregister.org/doc/82_FR_17009/page/4.svg)
Document Created: 2017-04-06 23:49:32
Document Modified: 2017-04-06 23:49:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective April 7, 2017. | |
| Contact | Madolyn Sanchez of the Air Regulatory Management Section, in the 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. Madolyn Sanchez may be reached by phone at (404) 562-9644, or via electronic mail at [email protected] | |
| FR Citation | 82 FR 16943 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter and Reporting and Recordkeeping Requirements |
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