82 FR 42746 - Air Plan Approval; KY; Revisions to Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 175 (September 12, 2017)
Federal Register Volume 82, Issue 175 (September 12, 2017)
| Page Range | 42746-42748 | |
| FR Document | 2017-19212 |
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)] [Rules and Regulations] [Pages 42746-42748] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19212] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0361; FRL-9967-57-Region 4] Air Plan Approval; KY; Revisions to Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve the State Implementation Plan (SIP) submission submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), on September 9, 2016. The changes to the SIP that EPA is taking final action to approve pertain to changes to the Commonwealth's air quality standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2 ), ozone, particulate matter (both PM10 and PM2.5 ), and sulfur dioxide (SO2 ) to reflect the historical and current National Ambient Air Quality Standards (NAAQS). EPA has determined that the September 9, 2016, SIP revision is consistent with the Clean Air Act (CAA or Act). KDAQ's submission also included additional air quality standards for hydrogen sulfide, fluorides, and odor; however, EPA is not approving these state standards into the SIP. DATES: This rule will be effective October 12, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0361. 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: Madolyn Sanchez, 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. [[Page 42747]] Sanchez can be reached via telephone at (404) 562-9644 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Sections 108 and 109 of the CAA govern the establishment, review, and revision, as appropriate, of the NAAQS to protect public health and welfare. The CAA requires periodic review of the air quality criteria-- the science upon which the standards are based--and the standards themselves. EPA's regulatory provisions that govern the NAAQS are found at 40 CFR 50--National Primary and Secondary Ambient Air Quality Standards. In a proposed rulemaking published on July 17, 2017, EPA proposed to approve changes to the Commonwealth's regulations for ambient air quality standards in the Kentucky SIP, submitted by the Commonwealth on September 9, 2016. See 82 FR 32671. The September 9, 2016, submission amends the Commonwealth's regulations for ambient air quality standards which are found at 401 KAR 53:010. The revision also includes textual changes to language in the regulation to provide regulatory clarity, as well as updating and reformatting the Appendix A table of ambient air quality standards and Appendix A footnotes. The details of Kentucky's submission and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before August 16, 2017. EPA received no adverse comments on the proposed action. II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Kentucky regulation 401 KAR 53:010--Ambient air quality standards, effective July 19, 2016. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is taking final action to approve the Commonwealth of Kentucky SIP revision submitted on September 9, 2016. The submission revises Kentucky regulation 401 KAR 53:010 to reflect changes to the Commonwealth's air quality standards for CO, Pb, NO2 , ozone, both PM10 and PM2.5 , and SO2 to reflect the historical and current NAAQS. The revision also includes textual changes to language in the regulation to provide regulatory clarity, as well as updating and reformatting the Appendix A table of ambient air quality standards and Appendix A footnotes. 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 November 13, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping [[Page 42748]] requirements, Sulfur oxides, Volatile organic compounds. Dated: August 25, 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(c), Table 1 is amended under Chapter 53 by revising the entry for ``401 KAR 53:010'' to read as follows: Sec. 52.920 Identification of plan. * * * * * (c) * * * Table 1--EPA-Approved Kentucky Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 53 Ambient Air Quality ---------------------------------------------------------------------------------------------------------------- * * * * * * * 401 KAR 53:010................ Ambient air quality 07/19/16 09/12/17, [Insert standards. citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-19212 Filed 9-11-17; 8:45 am] BILLING CODE 6560-50-P
![42746 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations
* * * * * section, and on at least an annual basis ACTION: Final rule.
(d) Compliance date. The owners and thereafter, the owner/operator of each
operators of the BART sources subject to unit shall conduct a stack test on each SUMMARY: The Environmental Protection
this section shall comply with the unit to measure particulate matter Agency (EPA) is taking final action to
emission limitations and other emissions using EPA Method 5, 5B, 5D, approve the State Implementation Plan
requirements of this section as follows, or 17, as appropriate, in 40 CFR part 60, (SIP) submission submitted by the
unless otherwise indicated in specific appendix A. A test shall consist of three Commonwealth of Kentucky, through
paragraphs: Compliance with PM runs, with each run at least 120 minutes the Kentucky Division for Air Quality
emission limits is required by November in duration and each run collecting a (KDAQ), on September 9, 2016. The
17, 2012. Compliance with SO2 and minimum sample of 60 dry standard changes to the SIP that EPA is taking
NOX emission limits is required by cubic feet. The average of the results of final action to approve pertain to
April 16, 2013, unless installation of three test runs shall be used by the changes to the Commonwealth’s air
additional emission controls is owner/operator for demonstrating quality standards for carbon monoxide
necessary to comply with emission compliance. The results from a stack (CO), lead (Pb), nitrogen dioxide (NO2),
limitations under this rule, in which test meeting the requirements of this ozone, particulate matter (both PM10
case compliance is required by October paragraph (f)(2) that was completed and PM2.5), and sulfur dioxide (SO2) to
18, 2017. within 12 months prior to the reflect the historical and current
compliance deadline can be used in lieu National Ambient Air Quality Standards
Note to Paragraph (d): On June 9, 2015, the
NOX and SO2 emission limits, and thereby of the first stack test required. If this (NAAQS). EPA has determined that the
compliance dates, for Colstrip Units 1 and 2 option is chosen, then the next annual September 9, 2016, SIP revision is
and Corette were vacated by court order. stack test shall be due no more than 12 consistent with the Clean Air Act (CAA
months after the stack test that was or Act). KDAQ’s submission also
* * * * * included additional air quality
(f) Compliance determinations for used. Clinker production shall be
determined in accordance with the standards for hydrogen sulfide,
particulate matter—(1) EGU particulate fluorides, and odor; however, EPA is not
matter BART emission limits. requirements found at 40 CFR 60.63(b).
Results of each test shall be reported by approving these state standards into the
Compliance with the particulate matter SIP.
BART emission limits for each EGU the owner/operator as the average of
three valid test runs. In addition to DATES: This rule will be effective
BART unit shall be determined by the
owner/operator from annual annual stack tests, owner/operator shall October 12, 2017.
performance stack tests. Within 60 days monitor particulate emissions for ADDRESSES: EPA has established a
of the compliance deadline specified in compliance with the BART emission docket for this action under Docket
paragraph (d) of this section, and on at limits in accordance with the applicable Identification No. EPA–R04–OAR–
least an annual basis thereafter, the Compliance Assurance Monitoring 2017–0361. All documents in the docket
owner/operator of each unit shall (CAM) plan developed and approved in are listed on the www.regulations.gov
conduct a stack test on each unit to accordance with 40 CFR part 64. Web site. Although listed in the index,
measure the particulate emissions using * * * * * some information is not publicly
EPA Method 5, 5B, 5D, or 17, as (ii) For Trident, the emission rate (E) available, i.e., Confidential Business
appropriate, in 40 CFR part 60, of particulate matter shall be computed Information or other information whose
appendix A. A test shall consist of three by the owner/operator for each run in disclosure is restricted by statute.
runs, with each run at least 120 minutes lb/ton clinker, using the following Certain other material, such as
in duration and each run collecting a equation: copyrighted material, is not placed on
minimum sample of 60 dry standard E = (CsQs)/PK the Internet and will be publicly
cubic feet. Results shall be reported by available only in hard copy form.
Where:
the owner/operator in lb/MMBtu. The Publicly available docket materials are
E = emission rate of PM, lb/ton of clinker
results from a stack test meeting the available either electronically through
produced;
requirements of this paragraph (f)(1) that Cs = concentration of PM in grains per www.regulations.gov or in hard copy at
was completed within 12 months prior standard cubic foot (gr/scf); the Air Regulatory Management Section,
to the compliance deadline can be used Qs = volumetric flow rate of effluent gas, Air Planning and Implementation
in lieu of the first stack test required. If where Cs and Qs are on the same basis Branch, Air, Pesticides and Toxics
this option is chosen, then the next (either wet or dry), scf/hr; Management Division, U.S.
P = total kiln clinker production, tons/hr; and Environmental Protection Agency,
annual stack test shall be due no more
K = conversion factor, 7,000 gr/lb. Region 4, 61 Forsyth Street SW.,
than 12 months after the stack test that
was used. In addition to annual stack * * * * * Atlanta, Georgia 30303–8960. EPA
[FR Doc. 2017–19210 Filed 9–11–17; 8:45 am] requests that if at all possible, you
tests, owner/operator shall monitor
particulate emissions for compliance BILLING CODE 6560–50–P contact the person listed in the FOR
with the BART emission limits in FURTHER INFORMATION CONTACT section to
accordance with the applicable schedule your inspection. The Regional
ENVIRONMENTAL PROTECTION Office’s official hours of business are
Compliance Assurance Monitoring
AGENCY Monday through Friday 8:30 a.m. to
(CAM) plan developed and approved in
accordance with 40 CFR part 64. 4:30 p.m., excluding Federal holidays.
40 CFR Part 52
(2) Cement kiln particulate matter FOR FURTHER INFORMATION CONTACT:
pmangrum on DSK3GDR082PROD with RULES1
BART emission limits. Compliance with [EPA–R04–OAR–2017–0361; FRL–9967–57– Madolyn Sanchez, Air Regulatory
the particulate matter BART emission Region 4] Management Section, Air Planning and
limits for each cement kiln shall be Implementation Branch, Air, Pesticides
Air Plan Approval; KY; Revisions to
determined by the owner/operator from and Toxics Management Division, U.S.
Ambient Air Quality Standards
annual performance stack tests. Within Environmental Protection Agency,
60 days of the compliance deadline AGENCY: Environmental Protection Region 4, 61 Forsyth Street SW.,
specified in paragraph (d) of this Agency (EPA). Atlanta, Georgia 30303–8960. Ms.
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![42748 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations
requirements, Sulfur oxides, Volatile PART 52—APPROVAL AND Subpart S—Kentucky
organic compounds. PROMULGATION OF
IMPLEMENTATION PLANS ■ 2. Section 52.920(c), Table 1 is
Dated: August 25, 2017.
amended under Chapter 53 by revising
V. Anne Heard, the entry for ‘‘401 KAR 53:010’’ to read
■ 1. The authority citation for part 52
Acting Regional Administrator, Region 4. as follows:
continues to read as follows:
40 CFR part 52 is amended as follows: Authority: 42 U.S.C. 7401 et seq. § 52.920 Identification of plan.
* * * * *
(c) * * *
TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS
State EPA approval
State citation Title/subject effective Explanation
date
date
* * * * * * *
Chapter 53 Ambient Air Quality
* * * * * * *
401 KAR 53:010 ..... Ambient air quality standards ..... 07/19/16 09/12/17, [Insert citation of publi-
cation].
* * * * * * *
* * * * * Applicability date: The corrections its agencies in tabular form in 45 CFR
[FR Doc. 2017–19212 Filed 9–11–17; 8:45 am] indicated in this correcting amendment 102.3.
are applicable beginning September 6,
BILLING CODE 6560–50–P
2016. II. Summary of Errors
FOR FURTHER INFORMATION CONTACT: Ian On page 61561 of the IFR, in the table
DEPARTMENT OF HEALTH AND Mahoney, (410) 786–4247. indicating the changes in regulations
HUMAN SERVICES SUPPLEMENTARY INFORMATION: text for § 403.912(a)(1), we inadvertently
made errors in the specifying the
I. Background minimum and maximum civil monetary
Centers for Medicare & Medicaid
Services In the September 6, 2016 (81 FR penalty amounts to which the inflation
61538) Federal Register, in the interim adjustment would be applied (the ‘‘base
42 CFR Part 403 final rule (IFR) titled ‘‘Adjustment of penalty range’’). Specifically, we
Civil Monetary Penalties for Inflation,’’ inadvertently changed the base penalty
[CMS–6076–IFR2] there is a technical error identified and range from $1,000 and $10,000 to
corrected in this correcting amendment. $10,000 and $100,000, respectively. The
RIN 0991–AC0
The provisions of this correcting statutory authority for this civil money
Adjustment of Civil Monetary Penalties amendment are effective as if they had penalty is section 1128G of the Act (42
for Inflation; Correcting Amendment been included in the IFR published on U.S.C. 1320a–7h), which requires
September 6, 2016 and, accordingly, are applicable manufacturers to report
AGENCY: Centers for Medicare & applicable beginning September 6, 2016. annually to CMS any payments or other
Medicaid Services (CMS), HHS. The Federal Civil Penalties Inflation transfers of value to covered recipients.
ACTION: Interim final rule; correcting Adjustment Act Improvements Act of In addition, the statute requires
amendment. 2015 (the 2015 Act) (section 701 of the applicable manufacturers and
Bipartisan Budget Act of 2015, Pub. L. applicable group purchasing
SUMMARY: In the September 6, 2016 114–74, enacted on November 2, 2015), organizations to report annually to CMS
Federal Register (81 FR 61538), we which amended the Federal Civil ownership investment interests held by
published an interim final rule (IFR) Penalties Inflation Adjustment Act of physicians or their family members in
issuing a new regulation to adjust for 1990 (the Inflation Adjustment Act) such entities. Section 1128G(b)(1) of the
inflation the maximum civil monetary (Pub. L. 101–410, 104 Stat. 890 (1990) Act provides that if an applicable
penalty amounts for the various civil (codified as amended at 28 U.S.C. 2461 manufacturer or applicable group
monetary penalty authorities for all note 2(a)), is intended to improve the purchasing organization fails to report
agencies within HHS. This correcting effectiveness of civil monetary penalties the required information in timely
amendment corrects a limited number and to maintain the deterrent effect of manner to CMS, the entity is subject to
pmangrum on DSK3GDR082PROD with RULES1
of technical and typographical errors such penalties by requiring agencies to a civil money penalty amount between
identified in the CMS provisions of the adjust the civil monetary penalties for $1,000 and $10,000 for each payment or
September 6, 2016 IFR. inflation on an initial basis and transfer of value or ownership or
DATES: annually. The U.S. Department of investment interest not reported, up to
Effective date: This correcting Health and Human Services (HHS) lists an annual maximum of $150,000 per
amendment is effective September 12, the civil monetary penalties and the submission by a reporting entity.
2017. penalty amounts administered by all of Accordingly, we are revising
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Document Created: 2018-10-24 14:14:20
Document Modified: 2018-10-24 14:14:20
| 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 October 12, 2017. | |
| Contact | Madolyn Sanchez, 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. Sanchez can be reached via telephone at (404) 562-9644 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 42746 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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