82 FR 37012 - Air Plan Approval; Kentucky; Infrastructure Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 151 (August 8, 2017)
Federal Register Volume 82, Issue 151 (August 8, 2017)
| Page Range | 37012-37013 | |
| FR Document | 2017-16488 |
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)] [Rules and Regulations] [Pages 37012-37013] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16488] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0213; FRL-9965-56-Region 4] Air Plan Approval; Kentucky; Infrastructure Requirements for the 2012 PM2.5 National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted on February 8, 2016, by the Commonwealth of Kentucky, through the Energy and Environment Cabinet, Department for Environmental Protection, through the Kentucky Division for Air Quality (KDAQ), to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 Annual Fine Particulate Matter (PM2.5 ) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. KDAQ certified that the Kentucky SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in Kentucky. EPA has determined that portions of Kentucky's SIP satisfy certain infrastructure elements for the 2012 Annual PM2.5 NAAQS. DATES: This rule will be effective September 7, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0213. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088. SUPPLEMENTARY INFORMATION: I. Background and Overview On December 14, 2012 (78 FR 3086, January 15, 2013), EPA promulgated a revised primary annual PM2.5 NAAQS. The standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/ m\3\) to 12.0 [mu]g/m\3\. Pursuant to section 110(a)(1) of the CAA, States are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2012 Annual PM2.5 NAAQS to EPA no later than December 14, 2015. In a proposed rulemaking published May 10, 2017 (82 FR 21751), EPA proposed to approve portions of Kentucky's February 8, 2016 SIP submission for the 2012 Annual PM2.5 NAAQS, with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) and the minor source program requirement of section 110(a)(2)(C), for which EPA did not propose any action. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and 4), EPA will consider these requirements in relation to Kentucky's 2012 Annual PM2.5 NAAQS infrastructure submission in a separate rulemaking. The details of Kentucky's submission and the rationale for EPA's actions for this final rule are explained in the May 10, 2017, proposed rulemaking. Comments on the proposed rulemaking were due on or before June 9, 2017. EPA did not receive any comments, adverse or otherwise. II. Final Action With the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) and the minor source program requirement of section 110(a)(2)(C), EPA is taking final action to approve Kentucky's infrastructure submission for the 2012 Annual PM2.5 NAAQS. EPA notes that the Agency is not approving any specific rule, but rather approving that Kentucky's already approved SIP meets certain CAA requirements. EPA is taking final action to approve portions of Kentucky's infrastructure SIP submission for the 2012 Annual PM2.5 NAAQS because it is consistent with section 110 of the CAA. 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 [[Page 37013]] in the Unfunded Mandates Reform Act of 1995 (Public Law 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). In addition, 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 October 10, 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, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 19, 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 a new entry for ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual Fine 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 ---------------------------------------------------------------------------------------------------------------- Applicable State submittal Name of non-regulatory SIP geographic or date/effective EPA approval date Explanations provision nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Kentucky........... 2/8/2016 8/8/2017, [Insert With the exception Requirements for the 2012 citation of of section Annual Fine PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I ) and (II) (prongs 1, 2 and 4) and the minor source program requirement of section 110(a)(2)(C). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-16488 Filed 8-7-17; 8:45 am] BILLING CODE 6560-50-P
![37012 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
from the operating regulations is Certain other material, such as propose any action. With respect to the
authorized under 33 CFR 117.35. copyrighted material, is not placed on interstate transport requirements of
Dated: August 2, 2017. the Internet and will be publicly section 110(a)(2)(D)(i)(I) and (II) (prongs
Christopher J. Bisignano,
available only in hard copy form. 1, 2 and 4), EPA will consider these
Publicly available docket materials are requirements in relation to Kentucky’s
Supervisory Bridge Management Specialist,
available either electronically through 2012 Annual PM2.5 NAAQS
First Coast Guard District.
www.regulations.gov or in hard copy at infrastructure submission in a separate
[FR Doc. 2017–16644 Filed 8–7–17; 8:45 am]
the Air Regulatory Management Section, rulemaking. The details of Kentucky’s
BILLING CODE 9110–04–P
Air Planning and Implementation submission and the rationale for EPA’s
Branch, Air, Pesticides and Toxics actions for this final rule are explained
Management Division, U.S. in the May 10, 2017, proposed
ENVIRONMENTAL PROTECTION Environmental Protection Agency, rulemaking. Comments on the proposed
AGENCY Region 4, 61 Forsyth Street SW., rulemaking were due on or before June
Atlanta, Georgia 30303–8960. EPA 9, 2017. EPA did not receive any
40 CFR Part 52 comments, adverse or otherwise.
requests that if at all possible, you
[EPA–R04–OAR–2016–0213; FRL–9965–56– contact the person listed in the FOR II. Final Action
Region 4] FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional With the exception of the interstate
Air Plan Approval; Kentucky; Office’s official hours of business are transport requirements of section
Infrastructure Requirements for the Monday through Friday, 8:30 a.m. to 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
2012 PM2.5 National Ambient Air 4:30 p.m., excluding Federal holidays. and 4) and the minor source program
Quality Standard requirement of section 110(a)(2)(C), EPA
FOR FURTHER INFORMATION CONTACT:
Environmental Protection is taking final action to approve
AGENCY: Tiereny Bell, Air Regulatory
Agency (EPA). Kentucky’s infrastructure submission
Management Section, Air Planning and
for the 2012 Annual PM2.5 NAAQS. EPA
ACTION: Final rule. Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S. notes that the Agency is not approving
SUMMARY: The Environmental Protection Environmental Protection Agency, any specific rule, but rather approving
Agency (EPA) is taking final action to Region 4, 61 Forsyth Street SW., that Kentucky’s already approved SIP
approve portions of the State Atlanta, Georgia 30303–8960. Ms. Bell meets certain CAA requirements. EPA is
Implementation Plan (SIP) submission, can be reached via electronic mail at taking final action to approve portions
submitted on February 8, 2016, by the bell.tiereny@epa.gov or via telephone at of Kentucky’s infrastructure SIP
Commonwealth of Kentucky, through (404) 562–9088. submission for the 2012 Annual PM2.5
the Energy and Environment Cabinet, NAAQS because it is consistent with
SUPPLEMENTARY INFORMATION:
Department for Environmental section 110 of the CAA.
Protection, through the Kentucky I. Background and Overview III. Statutory and Executive Order
Division for Air Quality (KDAQ), to On December 14, 2012 (78 FR 3086, Reviews
demonstrate that the State meets the January 15, 2013), EPA promulgated a
infrastructure requirements of the Clean Under the CAA, the Administrator is
revised primary annual PM2.5 NAAQS. required to approve a SIP submission
Air Act (CAA or Act) for the 2012 The standard was strengthened from
Annual Fine Particulate Matter (PM2.5) that complies with the provisions of the
15.0 micrograms per cubic meter (mg/ Act and applicable federal regulations.
national ambient air quality standard m3) to 12.0 mg/m3. Pursuant to section
(NAAQS). The CAA requires that each See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
110(a)(1) of the CAA, States are required Thus, in reviewing SIP submissions,
state adopt and submit a SIP for the to submit SIPs meeting the applicable
implementation, maintenance and EPA’s role is to approve state choices,
requirements of section 110(a)(2) within provided that they meet the criteria of
enforcement of each NAAQS three years after promulgation of a new
promulgated by EPA, which is the CAA. Accordingly, this action
or revised NAAQS or within such merely approves state law as meeting
commonly referred to as an shorter period as EPA may prescribe.
‘‘infrastructure’’ SIP. KDAQ certified federal requirements and does not
Section 110(a)(2) requires states to impose additional requirements beyond
that the Kentucky SIP contains address basic SIP elements such as
provisions that ensure the 2012 Annual those imposed by state law. For that
requirements for monitoring, basic reason, this action:
PM2.5 NAAQS is implemented, program requirements and legal • Is not a significant regulatory action
enforced, and maintained in Kentucky. authority that are designed to assure subject to review by the Office of
EPA has determined that portions of attainment and maintenance of the Management and Budget under
Kentucky’s SIP satisfy certain NAAQS. States were required to submit Executive Orders 12866 (58 FR 51735,
infrastructure elements for the 2012 such SIPs for the 2012 Annual PM2.5 October 4, 1993) and 13563 (76 FR 3821,
Annual PM2.5 NAAQS. NAAQS to EPA no later than December January 21, 2011);
DATES: This rule will be effective 14, 2015. • does not impose an information
September 7, 2017. In a proposed rulemaking published collection burden under the provisions
ADDRESSES: EPA has established a May 10, 2017 (82 FR 21751), EPA of the Paperwork Reduction Act (44
docket for this action under Docket proposed to approve portions of U.S.C. 3501 et seq.);
asabaliauskas on DSKBBXCHB2PROD with RULES
Identification No. EPA–R04–OAR– Kentucky’s February 8, 2016 SIP • is certified as not having a
2016–0213. All documents in the docket submission for the 2012 Annual PM2.5 significant economic impact on a
are listed on the www.regulations.gov NAAQS, with the exception of the substantial number of small entities
Web site. Although listed in the index, interstate transport requirements of under the Regulatory Flexibility Act (5
some information is not publicly section 110(a)(2)(D)(i)(I) and (II) (prongs U.S.C. 601 et seq.);
available, i.e., Confidential Business 1, 2, and 4) and the minor source • does not contain any unfunded
Information or other information whose program requirement of section mandate or significantly or uniquely
disclosure is restricted by statute. 110(a)(2)(C), for which EPA did not affect small governments, as described
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![Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations 37013
in the Unfunded Mandates Reform Act substantial direct costs on tribal be challenged later in proceedings to
of 1995 (Public Law 104–4); governments or preempt tribal law). enforce its requirements. See section
• does not have Federalism The Congressional Review Act, 5 307(b)(2).
implications as specified in Executive U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 52
Order 13132 (64 FR 43255, August 10, Business Regulatory Enforcement
1999); Fairness Act of 1996, generally provides Environmental protection, Air
• is not an economically significant that before a rule may take effect, the pollution control, Incorporation by
regulatory action based on health or agency promulgating the rule must reference, Intergovernmental relations,
safety risks subject to Executive Order submit a rule report, which includes a Particulate matter, Reporting and
13045 (62 FR 19885, April 23, 1997); copy of the rule, to each House of the recordkeeping requirements, Volatile
• is not a significant regulatory action Congress and to the Comptroller General organic compounds.
subject to Executive Order 13211 (66 FR of the United States. EPA will submit a Dated: July 19, 2017.
28355, May 22, 2001); report containing this action and other V. Anne Heard,
• is not subject to requirements of required information to the U.S. Senate, Acting Regional Administrator, Region 4.
Section 12(d) of the National the U.S. House of Representatives, and
Technology Transfer and Advancement the Comptroller General of the United 40 CFR part 52 is amended as follows:
Act of 1995 (15 U.S.C. 272 note) because States prior to publication of the rule in
application of those requirements would the Federal Register. A major rule PART 52—APPROVAL AND
be inconsistent with the CAA; and cannot take effect until 60 days after it PROMULGATION OF
IMPLEMENTATION PLANS
• does not provide EPA with the is published in the Federal Register.
discretionary authority to address, as This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
appropriate, disproportionate human defined by 5 U.S.C. 804(2). continues to read as follows:
health or environmental effects, using Under section 307(b)(1) of the CAA,
practicable and legally permissible petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
methods, under Executive Order 12898 action must be filed in the United States Subpart S—Kentucky
(59 FR 7629, February 16, 1994). Court of Appeals for the appropriate
In addition, the SIP is not approved circuit by October 10, 2017. Filing a ■ 2. Section 52.920(e) is amended by
to apply on any Indian reservation land petition for reconsideration by the adding a new entry for ‘‘110(a)(1) and
or in any other area where EPA or an Administrator of this final rule does not (2) Infrastructure Requirements for the
Indian tribe has demonstrated that a affect the finality of this action for the 2012 Annual Fine PM2.5 NAAQS’’ at the
tribe has jurisdiction. In those areas of purposes of judicial review nor does it end of the table to read as follows:
Indian country, the rule does not have extend the time within which a petition
tribal implications as specified by for judicial review may be filed, and § 52.920 Identification of plan.
Executive Order 13175 (65 FR 67249, shall not postpone the effectiveness of * * * * *
November 9, 2000), nor will it impose such rule or action. This action may not (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State
Name of non-regulatory SIP Applicable geographic or submittal EPA approval date Explanations
provision nonattainment area date/effective date
* * * * * * *
110(a)(1) and (2) Infrastruc- Kentucky ............................... 2/8/2016 8/8/2017, [Insert citation of With the exception of section
ture Requirements for the publication]. 110(a)(2)(D)(i)(I) and (II)
2012 Annual Fine PM2.5 (prongs 1, 2 and 4) and
NAAQS. the minor source program
requirement of section
110(a)(2)(C).
[FR Doc. 2017–16488 Filed 8–7–17; 8:45 am] ACTION: Final rule. other states. This action is being taken
BILLING CODE 6560–50–P under the Clean Air Act.
SUMMARY: The Environmental Protection DATES: This rule is effective on
Agency (EPA) is approving one aspect September 7, 2017.
ENVIRONMENTAL PROTECTION (the remaining portion) of a State ADDRESSES: EPA has established a
AGENCY Implementation Plan (SIP) revision docket for this action under Docket
submitted on May 30, 2013 by the State Identification No. EPA–R01–OAR–
40 CFR Part 52
of Connecticut. This revision addresses 2015–0198. All documents in the docket
[EPA–R01–OAR–2015–0198; A–1–FRL– the interstate transport requirements of are listed on the https://
asabaliauskas on DSKBBXCHB2PROD with RULES
9965–52-Region 1] the Clean Air Act (CAA), referred to as www.regulations.gov Web site. Although
the good neighbor provision, with listed in the index, some information is
Air Plan Approval; Connecticut; respect to the 2010 sulfur dioxide (SO2) not publicly available, i.e., CBI or other
Infrastructure Requirement for the
national ambient air quality standard information whose disclosure is
2010 Sulfur Dioxide National Ambient
(NAAQS). This action approves restricted by statute. Certain other
Air Quality Standard
Connecticut’s demonstration that the material, such as copyrighted material,
AGENCY: Environmental Protection State is meeting its obligations regarding is not placed on the Internet and will be
Agency (EPA). the transport of SO2 emissions into publicly available only in hard copy
VerDate Sep<11>2014 16:34 Aug 07, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\08AUR1.SGM 08AUR1](https://thefederalregister.org/doc/82_FR_37163/page/2.svg)
Document Created: 2017-08-08 00:17:36
Document Modified: 2017-08-08 00:17:36
| 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 September 7, 2017. | |
| Contact | Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088. | |
| FR Citation | 82 FR 37012 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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