82 FR 17131 - Air Plan Approval; Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 67 (April 10, 2017)
Federal Register Volume 82, Issue 67 (April 10, 2017)
| Page Range | 17131-17134 | |
| FR Document | 2017-07028 |
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)] [Rules and Regulations] [Pages 17131-17134] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07028] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0048; FRL-9960-54-Region 4] Air Plan Approval; Kentucky; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the portion of the State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet's Division of Air Quality on August 26, 2016, regarding the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the Kentucky portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``Cincinnati- Hamilton, OH-KY-IN Area'' or ``Area''). The Area consists of Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio; portions of Boone, Campbell, Kenton Counties in Kentucky; and a portion of Dearborn County in Indiana. This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations. DATES: This direct final rule is effective June 9, 2017 without further notice, unless EPA receives adverse comment by May 10, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0048 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Andres Febres of 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. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in appendix I of part 50. Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS based on the three most recent years of ambient air quality data at the conclusion of the designation process. As part of the designations process for the 2008 8-hour ozone NAAQS, the Cincinnati-Hamilton, OH- KY-IN Area was designated as a marginal ozone nonattainment area, effective July 20, 2012. See 77 FR 30088 (May 21, 2012). On March 6, 2015, EPA issued a final rule entitled, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' (SIP Requirements Rule), which establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80 FR 12264. Areas [[Page 17132]] that were designated as marginal ozone nonattainment areas were required to attain the 2008 8-hour ozone NAAQS no later than July 20, 2015 (3 years after the effective date of designation).\2\ See 40 CFR 51.1103. --------------------------------------------------------------------------- \1\ The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 8-hour ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The Rule also revokes the 1997 8-hour ozone NAAQS and establishes anti-backsliding requirements. \2\ On May 4, 2016 (81 FR 26697), EPA published its determination that the Area had attained the 2008 8-hour ozone NAAQS by the attainment deadline. However, an attainment determination is not equivalent to a redesignation under CAA section 107(d)(3). The Area will remain nonattainment for the 2008 8-hour ozone NAAQS and subject to the NNSR requirements for that NAAQS until such time as EPA determines that the Area meets the requirements for redesignation to attainment. --------------------------------------------------------------------------- Based on the nonattainment designation for the 2008 8-hour ozone standard, Kentucky was required to develop a SIP revision addressing certain CAA requirements for the Kentucky portion of the Area. On August 26, 2016, the Commonwealth of Kentucky submitted a SIP revision addressing, among other things, NNSR requirements for the 2008 8-hour ozone NAAQS for the Kentucky Area. EPA's analysis of how this SIP revision addresses the NNSR requirements for the 2008 8-hour ozone NAAQS is provided below. II. Analysis of Kentucky's Nonattainment New Source Review Requirements The minimum SIP requirements for NNSR permitting programs for the 2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR 51.1114. These NNSR program requirements include those promulgated in the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (70 FR 71612) and the SIP Requirements Rule for implementing the 2008 8-hour ozone NAAQS (80 FR 12264). Under the Phase 2 Rule, the SIP for each ozone nonattainment area must contain nonattainment NSR provisions that: Set major source thresholds for nitrogen oxides (NOX ) and volatile organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (a)(1)(iv)(A)(2); classify physical changes as a major source if the change would constitute a major source by itself pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase of NOX as a significant net emissions increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of VOC emissions in extreme ozone nonattainment areas as a significant net emissions increase and a major modification for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and NOX as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2); provide that the requirements applicable to VOC also apply to NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii) (renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the 2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008 8-hour ozone NAAQS, the SIP for each ozone nonattainment area designated nonattainment for the 2008 8-hour ozone NAAQS and designated nonattainment for the 1997 8-hour ozone NAAQS on April 6, 2015, must also contain NNSR provisions that include the anti-backsliding requirements at 40 CFR 51.1105. See 40 CFR 51.165(a)(12). Kentucky has a longstanding and fully implemented NNSR program (found at 401 Kentucky Administrative Regulation (KAR) 51:052) that establishes air quality permitting requirements for the construction or modification of major stationary sources located within, or impacting, areas designated as nonattainment. EPA last approved revisions to the SIP-approved version of Kentucky's NNSR rule on September 15, 2010. Those revisions, submitted to EPA in a February 5, 2010 SIP revision, addressed the NNSR requirements in the Phase 2 Rule for the 1997 8-hour ozone NAAQS. In approving the revisions to Kentucky's NNSR rule, EPA found the revisions to be in accordance with the changes in the federal NSR program for the 1997 8-hour ozone NAAQS.\3\ See 75 FR 55988. In Kentucky's August 26, 2016 SIP revision, the Commonwealth states that its NNSR program is applicable to the 2008 8-hour ozone NAAQS and cites to the program as containing acceptable provisions to provide for new source review in the Kentucky portion of the Area. --------------------------------------------------------------------------- \3\ In that action, EPA determined that the SIP revision was consistent with changes to federal NSR requirements (40 CFR 51.165 and 51.166 and the Phase II Rule) relating to the incorporation of nitrogen oxides as an ozone precursor. See 75 FR 55988 (September 15, 2010). --------------------------------------------------------------------------- The version of 401 KAR 52:052 that is contained in the current SIP has not changed since the 2010 rulemaking. This version of the rule covers the Kentucky portion of the Area and is adequate to meet all applicable NNSR requirements for the 2008 8-hour ozone NAAQS. The Phase 2 requirements for 8-hour ozone nonattainment areas classified as serious or above remain inapplicable because the Area is classified as a marginal nonattainment area for the 2008 8-hour NAAQS, and the anti- backsliding requirements added in the SIP Requirements Rule for implementing the 2008 8-hour ozone NAAQS are inapplicable because the Kentucky portion of the Area was redesignated to attainment for the 1997 8-hour ozone NAAQS in 2010.\4\ As stated above, the anti- backsliding requirements for NNSR in the SIP Requirements Rule only apply to areas designated nonattainment for the 2008 8-hour ozone NAAQS and designated nonattainment for the 1997 8-hour ozone NAAQS on April 6, 2015. --------------------------------------------------------------------------- \4\ See 75 FR 47218 (August 5, 2010). The 1997 8-hour ozone NAAQS was revoked with the 2008 8-hour ozone NAAQS SIP Requirements Rule, and as discussed above, the anti-backsliding requirements for the 1997 8-hour ozone NAAQS only apply for areas that were nonattainment for the 1997 standard on the effective date of the revocation (April 6, 2015). See 80 FR 12264 (March 6, 2015). --------------------------------------------------------------------------- III. Final Action EPA is approving the portion of Kentucky's August 26, 2016, SIP revision addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN Area. EPA has concluded that the Commonwealth's submission fulfills the 40 CFR 51.1114 revision requirement and meets the requirements of CAA section 110 and the minimum SIP requirements of 40 CFR 51.165. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective June 9, 2017 without further notice unless the Agency receives adverse comments by May 10, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on June 9, 2017 and no further action will be taken on the proposed rule. [[Page 17133]] 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). 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 9, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 15, 2017. V. Anne Heard, Acting 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 an entry for ``2008 8-hour ozone NAAQS Nonattainment New Source Review Requirements for the Kentucky Portion of the Cincinnati-Hamilton OH-KY-IN Area'' 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 or submittal date/ EPA approval date Explanations provision nonattainment area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 2008 8-hour ozone NAAQS Boone, Campbell and 8/26/2016 4/10/2017, [Insert Federal Register Nonattainment New Source Review Kenton Counties (part) citation]. Requirements for the Kentucky (Kentucky portion of the Portion of the Cincinnati- Cincinnati-Hamilton, OH- Hamilton OH-KY-IN Area. KY-IN Area). -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-07028 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
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EPA APPROVED GEORGIA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
Emission Standards
* * * * * * *
391–3–20 ........................... Enhanced Inspection and Maintenance ...................... 6/19/2014 4/10/2017 [Insert Federal
Register citation].
* * * * * * *
* * * * * Federal Register and inform the public hour ozone NAAQS is attained when
[FR Doc. 2017–07032 Filed 4–7–17; 8:45 am] that the rule will not take effect. the 3-year average of the annual fourth-
BILLING CODE 6560–50–P ADDRESSES: Submit your comments, highest daily maximum 8-hour average
identified by Docket ID No. EPA–R04– ambient air quality ozone
OAR–2017–0048 at https:// concentrations is less than or equal to
ENVIRONMENTAL PROTECTION www.regulations.gov. Follow the online 0.075 ppm. Ambient air quality
AGENCY instructions for submitting comments. monitoring data for the 3-year period
Once submitted, comments cannot be must meet a data completeness
40 CFR Part 52 requirement. The ambient air quality
edited or removed from Regulations.gov.
[EPA–R04–OAR–2017–0048; FRL–9960–54– EPA may publish any comment received monitoring data completeness
Region 4] to its public docket. Do not submit requirement is met when the average
electronically any information you percent of days with valid ambient
Air Plan Approval; Kentucky; consider to be Confidential Business monitoring data is greater than 90
Nonattainment New Source Review Information (CBI) or other information percent, and no single year has less than
Requirements for the 2008 8-Hour whose disclosure is restricted by statute. 75 percent data completeness as
Ozone NAAQS Multimedia submissions (audio, video, determined in appendix I of part 50.
AGENCY: Environmental Protection etc.) must be accompanied by a written Upon promulgation of a new or
Agency (EPA). comment. The written comment is revised NAAQS, the CAA requires EPA
ACTION: Direct final rule. considered the official comment and to designate as nonattainment any area
should include discussion of all points that is violating the NAAQS based on
SUMMARY: The Environmental Protection you wish to make. EPA will generally the three most recent years of ambient
Agency (EPA) is approving the portion not consider comments or comment air quality data at the conclusion of the
of the State Implementation Plan (SIP) contents located outside of the primary designation process. As part of the
revision submitted by the submission (i.e., on the web, cloud, or designations process for the 2008 8-hour
Commonwealth of Kentucky, through other file sharing system). For ozone NAAQS, the Cincinnati-
the Energy and Environment Cabinet’s additional submission methods, the full Hamilton, OH–KY–IN Area was
Division of Air Quality on August 26, EPA public comment policy, designated as a marginal ozone
2016, regarding the nonattainment new information about CBI or multimedia nonattainment area, effective July 20,
source review (NNSR) requirements for submissions, and general guidance on 2012. See 77 FR 30088 (May 21, 2012).
the 2008 8-hour ozone national ambient making effective comments, please visit On March 6, 2015, EPA issued a final
air quality standards (NAAQS) for the https://www.epa.gov/dockets/ rule entitled, ‘‘Implementation of the
Kentucky portion of the Cincinnati- commenting-epa-dockets. 2008 National Ambient Air Quality
Hamilton, Ohio-Kentucky-Indiana 2008 FOR FURTHER INFORMATION CONTACT: Standards for Ozone: State
8-hour ozone nonattainment area Andres Febres of the Air Regulatory Implementation Plan Requirements’’
(hereinafter referred to as the Management Section, Air Planning and (SIP Requirements Rule), which
‘‘Cincinnati-Hamilton, OH–KY–IN Implementation Branch, Air, Pesticides establishes the requirements that state,
Area’’ or ‘‘Area’’). The Area consists of and Toxics Management Division, U.S. tribal, and local air quality management
Butler, Clermont, Clinton, Hamilton, Environmental Protection Agency, agencies must meet as they develop
and Warren Counties in Ohio; portions Region 4, 61 Forsyth Street SW., implementation plans for areas where
of Boone, Campbell, Kenton Counties in Atlanta, Georgia 30303–8960. Mr. air quality exceeds the 2008 8-hour
Kentucky; and a portion of Dearborn Febres can be reached via telephone at ozone NAAQS.1 See 80 FR 12264. Areas
County in Indiana. This action is being (404) 562–8966 or via electronic mail at
taken pursuant to the Clean Air Act febres-martinez.andres@epa.gov. 1 The SIP Requirements Rule addresses a range of
(CAA or Act) and its implementing nonattainment area SIP requirements for the 2008
SUPPLEMENTARY INFORMATION:
pmangrum on DSK3GDR082PROD with RULES
regulations. 8-hour ozone NAAQS, including requirements
I. Background pertaining to attainment demonstrations, reasonable
DATES: This direct final rule is effective further progress (RFP), reasonably available control
June 9, 2017 without further notice, On March 12, 2008, EPA promulgated technology, reasonably available control measures,
unless EPA receives adverse comment a revised 8-hour ozone NAAQS of 0.075 major new source review, emission inventories, and
the timing of SIP submissions and of compliance
by May 10, 2017. If EPA receives such parts per million (ppm). See 73 FR with emission control measures in the SIP. The
comments, it will publish a timely 16436 (March 27, 2008). Under EPA’s Rule also revokes the 1997 8-hour ozone NAAQS
withdrawal of the direct final rule in the regulations at 40 CFR 50.15, the 2008 8- and establishes anti-backsliding requirements.
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IV. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because review may be filed, and shall not
Reviews application of those requirements would postpone the effectiveness of such rule
Under the CAA, the Administrator is be inconsistent with the CAA; and or action. Parties with objections to this
• does not provide EPA with the direct final rule are encouraged to file a
required to approve a SIP submission
discretionary authority to address, as comment in response to the parallel
that complies with the provisions of the
appropriate, disproportionate human notice of proposed rulemaking for this
Act and applicable federal regulations.
health or environmental effects, using action published in the proposed rules
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
practicable and legally permissible section of this Federal Register, rather
Thus, in reviewing SIP submissions,
methods, under Executive Order 12898 than file an immediate petition for
EPA’s role is to approve state choices, (59 FR 7629, February 16, 1994).
provided that they meet the criteria of judicial review of this direct final rule,
The SIP is not approved to apply on so that EPA can withdraw this direct
the CAA. Accordingly, this action any Indian reservation land or in any
merely approves state law as meeting final rule and address the comment in
other area where EPA or an Indian tribe the proposed rulemaking. This action
federal requirements and does not has demonstrated that a tribe has
impose additional requirements beyond may not be challenged later in
jurisdiction. In those areas of Indian proceedings to enforce its requirements.
those imposed by state law. For that country, the rule does not have tribal
reason, this action: See section 307(b)(2).
implications as specified by Executive
• Is not a significant regulatory action Order 13175 (65 FR 67249, November 9, List of Subjects in 40 CFR Part 52
subject to review by the Office of 2000), nor will it impose substantial
Management and Budget under Environmental protection, Air
direct costs on tribal governments or pollution control, Incorporation by
Executive Orders 12866 (58 FR 51735, preempt tribal law.
October 4, 1993) and 13563 (76 FR 3821, reference, Intergovernmental relations,
The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Reporting and
January 21, 2011); U.S.C. 801 et seq., as added by the Small
• does not impose an information recordkeeping requirements, Volatile
Business Regulatory Enforcement organic compounds.
collection burden under the provisions Fairness Act of 1996, generally provides
of the Paperwork Reduction Act (44 that before a rule may take effect, the Dated: March 15, 2017.
U.S.C. 3501 et seq.); agency promulgating the rule must V. Anne Heard,
• is certified as not having a submit a rule report, which includes a Acting Regional Administrator, Region 4.
significant economic impact on a copy of the rule, to each House of the
substantial number of small entities 40 CFR part 52 is amended as follows:
Congress and to the Comptroller General
under the Regulatory Flexibility Act (5 of the United States. EPA will submit a PART 52—APPROVAL AND
U.S.C. 601 et seq.); report containing this action and other PROMULGATION OF
• does not contain any unfunded required information to the U.S. Senate, IMPLEMENTATION PLANS
mandate or significantly or uniquely the U.S. House of Representatives, and
affect small governments, as described the Comptroller General of the United ■ 1. The authority citation for part 52
in the Unfunded Mandates Reform Act States prior to publication of the rule in continues to read as follows:
of 1995 (Pub. L. 104–4); the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq.
• does not have Federalism cannot take effect until 60 days after it
implications as specified in Executive is published in the Federal Register. Subpart S—Kentucky
Order 13132 (64 FR 43255, August 10, This action is not a ‘‘major rule’’ as
1999); defined by 5 U.S.C. 804(2). ■ 2. Section 52.920(e) is amended by
• is not an economically significant Under section 307(b)(1) of the CAA, adding an entry for ‘‘2008 8-hour ozone
regulatory action based on health or petitions for judicial review of this NAAQS Nonattainment New Source
safety risks subject to Executive Order action must be filed in the United States Review Requirements for the Kentucky
13045 (62 FR 19885, April 23, 1997); Court of Appeals for the appropriate Portion of the Cincinnati-Hamilton OH–
• is not a significant regulatory action circuit by June 9, 2017. Filing a petition KY–IN Area’’ at the end of the table to
subject to Executive Order 13211 (66 FR for reconsideration by the Administrator read as follows:
28355, May 22, 2001); of this final rule does not affect the
• is not subject to requirements of finality of this action for the purposes of § 52.920 Identification of plan.
Section 12(d) of the National judicial review nor does it extend the * * * * *
Technology Transfer and Advancement time within which a petition for judicial (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State submittal
Name of non-regulatory SIP Applicable geographic or non- date/effective EPA approval date Explanations
provision attainment area date
* * * * * * *
2008 8-hour ozone NAAQS Non- Boone, Campbell and Kenton 8/26/2016 4/10/2017, [Insert Federal
attainment New Source Review Counties (part) (Kentucky por- Register citation].
Requirements for the Kentucky tion of the Cincinnati-Hamilton,
pmangrum on DSK3GDR082PROD with RULES
Portion of the Cincinnati-Ham- OH–KY–IN Area).
ilton OH–KY–IN Area.
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[FR Doc. 2017–07028 Filed 4–7–17; 8:45 am] information about CBI or multimedia II. What is EPA’s analysis of Michigan’s
BILLING CODE 6560–50–P submissions, and general guidance on SIP revision?
making effective comments, please visit
http://www2.epa.gov/dockets/ A conformity SIP can be adopted as
ENVIRONMENTAL PROTECTION commenting-epa-dockets. a state rule, as a memorandum of
AGENCY FOR FURTHER INFORMATION CONTACT:
understanding, or a memorandum of
Michael Leslie, Environmental agreement (MOA). The appropriate form
40 CFR Part 52 Engineer, Control Strategies Section, Air of the state conformity procedures
[EPA–R05–OAR–2016–0705; FRL–9960–81– Programs Branch (AR 18J), depends upon the requirements of local
Region 5] Environmental Protection Agency, or State law, as long as the selected form
Region 5, 77 West Jackson Boulevard, complies with all requirements used by
Air Plan Approval; Michigan; Chicago, Illinois 60604, (312) 353–6680, the Act for adoption, submission to
Transportation Conformity Procedures leslie.michael@epa.gov. EPA, and implementation of SIPs. EPA
will accept state conformity SIPs in any
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION:
form provided the state can demonstrate
Agency (EPA). Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean to EPA’s satisfaction that, as a matter of
ACTION: Direct final rule. state law, the state has adequate
EPA. This supplementary information
SUMMARY: The Environmental Protection section is arranged as follows: authority to compel compliance with
Agency (EPA) is approving a State the requirements of the conformity SIP.
I. What is the background for this action?
Implementation Plan (SIP) revision for II. What is EPA’s analysis of Michigan’s SIP Michigan concluded that this SIP
carbon monoxide (CO) and particulate revision? revision in the form of a MOA will be
matter (PM2.5), submitted by the State of III. What action is EPA taking? enforceable through a number of
Michigan on October 3, 2016. The IV. Statutory and Executive Order Reviews Michigan statutes. These statutes
purpose of this revision is to establish I. What is the background for this authorize state agencies to enter into
transportation conformity criteria and action? legally binding cooperative contracts for
procedures related to interagency the receipt or furnishing of services. In
consultation, and enforceability of Transportation conformity is required this case, these services relate to the
certain transportation related control under section 176(c) of the Clean Air transportation/air quality planning
and mitigation measures. Act (Act) to ensure that transportation process in Michigan. Michigan
DATES: This direct final rule is effective
planning activities are consistent with collaborated with the Michigan
June 9, 2017, unless EPA receives (‘‘conform to’’) air quality planning Department of Transportation (MDOT),
adverse comments by May 10, 2017. If goals in nonattainment/maintenance the EPA, the Federal Highway
areas. The transportation conformity Administration (FHWA), the Federal
adverse comments are received, EPA
regulation is found in 40 CFR part 93 Transit Administration (FTA), and the
will publish a timely withdrawal of the
and provisions related to transportation Southeast Michigan Council of
direct final rule in the Federal Register
conformity SIPs are found in 40 CFR Governments, to develop the
informing the public that the rule will
51.390. Transportation conformity Transportation Conformity MOA. This
not take effect.
applies to areas that are designated MOA was agreed upon and signed by all
ADDRESSES: Submit your comments, nonattainment or maintenance for the
identified by Docket ID No. EPA–R05– of the above consultation parties.
transportation related criteria pollutants
OAR–2016–0705 at http:// listed in 40 CFR 93.102(b)(1). Michigan EPA has evaluated this SIP
www.regulations.gov or via email to currently has maintenance areas for CO submission and finds that the state has
blakley.pamela@epa.gov. For comments and PM2.5. addressed the requirements of the
submitted at Regulations.gov, follow the EPA originally promulgated the Federal transportation conformity rule
online instructions for submitting Federal transportation conformity as described in 40 CFR 51.390 and 40
comments. Once submitted, comments criteria and procedures (‘‘Transportation CFR part 93, subpart A. The
cannot be edited or removed from Conformity Rule’’) on November 24, transportation conformity rule requires
Regulations.gov. For either manner of 1993 (58 FR 62188). On August 10, the states to develop their own
submission, EPA may publish any 2005, the ‘‘Safe, Accountable, Flexible, processes and procedures for
comment received to its public docket. Efficient Transportation Equity Act: A interagency consultation and resolution
Do not submit electronically any Legacy for Users’’ (SAFETEA–LU) was of conflicts meeting the criteria in 40
information you consider to be signed into law. SAFETEA–LU revised CFR 93.105. The SIP revision includes
Confidential Business Information (CBI) section 176(c) of the Act transportation processes and procedures to be followed
or other information whose disclosure is conformity provisions. SAFETEA–LU by the Metropolitan Planning
restricted by statute. Multimedia streamlined the requirements for Organization (MPO), MDOT, the FHWA
submissions (audio, video, etc.) must be conformity SIPs. Under SAFETEA–LU, and the FTA, in consultation with the
accompanied by a written comment. States are required to address and tailor state and local air quality agencies and
The written comment is considered the only three sections of the rules in their EPA before making transportation
official comment and should include conformity SIPs: 40 CFR 93.105, 40 CFR conformity determinations. Michigan’s
discussion of all points you wish to 93.122(a)(4)(ii), and 40 CFR 93.125(c). transportation conformity SIP also
make. EPA will generally not consider 40 CFR 93.105 addresses consultation included processes and procedures for
comments or comment contents located procedures for conformity. 40 CFR the state and local air quality agencies
pmangrum on DSK3GDR082PROD with RULES
outside of the primary submission (i.e. 93.122(a)(4)(ii) and 40 CFR 93.125(c), and EPA to coordinate the development
on the web, cloud, or other file sharing addresses written commitments from of applicable SIPs with the MPOs, the
system). For additional submission project implementers of transportation state Department of Transportation
methods, please contact the person control measures. In general, states are (DOT), and the U.S. DOT, and requires
identified in the FOR FURTHER no longer required to submit conformity written commitments to control
INFORMATION CONTACT section. For the SIP revisions that address the other measures and mitigation measures (40
full EPA public comment policy, sections of the conformity rule. CFR 93.122(a)(4)(ii) and 93.125(c)).
VerDate Sep<11>2014 14:16 Apr 07, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM 10APR1](https://thefederalregister.org/doc/82_FR_17198/page/4.svg)
Document Created: 2017-04-08 03:30:57
Document Modified: 2017-04-08 03:30:57
| 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 | Direct final rule. | |
| Dates | This direct final rule is effective June 9, 2017 without further notice, unless EPA receives adverse comment by May 10, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Andres Febres of 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. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 17131 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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