82 FR 47378 - Air Plan Approval; Kentucky; Regional Haze Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 196 (October 12, 2017)
Federal Register Volume 82, Issue 196 (October 12, 2017)
| Page Range | 47378-47380 | |
| FR Document | 2017-21935 |
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)] [Rules and Regulations] [Pages 47378-47380] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21935] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0462; FRL-9969-26--Region 4] Air Plan Approval; Kentucky; Regional Haze Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky through the Kentucky Energy and Environment Cabinet, Division of Air Quality (KDAQ) on September 17, 2014. Kentucky's September 17, 2014, SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze plan). EPA is finalizing approval of Kentucky's determination that the Commonwealth's regional haze plan is adequate to meet these RPGs for the first implementation period covering through 2018 and requires no substantive revision at this time. DATES: This rule will be effective November 13, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0462. 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: Michele Notarianni, 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. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at notarianni.michele@epa.gov. SUPPLEMENTARY INFORMATION: I. Background States are required to submit a progress report in the form of a SIP revision during the first implementation period that evaluates progress towards the RPGs for each mandatory Class I federal area \1\ (Class I area) within the state and for each Class I area outside the state which may be affected by emissions from within the state. 40 CFR 51.308(g). In addition, the provisions of 40 CFR 51.308(h) require states to submit, at the same time as the 40 CFR [[Page 47379]] 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze plan. The progress report is due five years after submittal of the initial regional haze plan. On September 17, 2014, Kentucky submitted its Progress Report which, among other things, detailed the progress made in the first period toward implementation of the long term strategy outlined in the Commonwealth's regional haze plan; the visibility improvement measured at Mammoth Cave National Park (Mammoth Cave), the only Class I area within Kentucky, and at Class I areas outside of the Commonwealth potentially impacted by emissions from Kentucky; and a determination of the adequacy of the Commonwealth's existing regional haze plan. --------------------------------------------------------------------------- \1\ Areas designated as mandatory Class I federal areas consist of national parks exceeding 6000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). These areas are listed at 40 CFR part 81, subpart D. --------------------------------------------------------------------------- In a notice of proposed rulemaking (NPRM) published on August 7, 2017 (82 FR 36707), EPA proposed to approve Kentucky's Progress Report. The details of Kentucky's submission and the rationale for EPA's actions are explained in the NPRM. Comments on the proposed rulemaking were due on or before September 6, 2017. EPA received no adverse comments on the proposed action. II. Final Action EPA is finalizing approval of Kentucky's September 17, 2014, Progress Report as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and (h). 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 Act. 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 December 11, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: September 28, 2017. Onis ``Trey'' Glenn, III, 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 ``September 2014 Regional Haze Progress Report'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (e) * * * [[Page 47380]] EPA-Approved Kentucky Non-Regulatory Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP provision Applicable geographic or nonattainment submittal date/ EPA approval date Explanations area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * September 2014 Regional Haze Progress Kentucky.............................. 09/17/2014 10/12/2017, [Insert citation of ................. Report. publication]. -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-21935 Filed 10-11-17; 8:45 am] BILLING CODE 6560-50-P
![47378 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATION FOR KENTUCKY—Continued
EPA approval District
Reg Title/subject Federal Register notice Explanation
date effective date
* * * * * * *
6.29 .................................... Standards of Performance 10/12/2017 [Insert citation of publica- 8/21/2013
for Existing Graphic Arts tion].
Facilities Using Roto-
gravure and Flexog-
raphy.
* * * * * * *
(d) * * *
EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS
State effective
Name of source Permit No. EPA approval date Explanations
date
* * * * * * *
Board Order Louisville Medical NOX RACT Plan 1/18/2017 ........ 1/18/2017 10/12/2017, [Insert citation of
Center Steam Plant. publication].
* * * * * * *
Board Order Texas Gas Trans- NOX RACT Plan 5/18/2016 ........ 5/18/2016 10/12/2017, [Insert citation of
mission. publication].
* * * * * * *
* * * * * plan). EPA is finalizing approval of schedule your inspection. The Regional
[FR Doc. 2017–21943 Filed 10–11–17; 8:45 am] Kentucky’s determination that the Office’s official hours of business are
BILLING CODE 6560–50–P Commonwealth’s regional haze plan is Monday through Friday 8:30 a.m. to
adequate to meet these RPGs for the first 4:30 p.m., excluding Federal holidays.
implementation period covering FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION through 2018 and requires no Michele Notarianni, Air Regulatory
AGENCY substantive revision at this time. Management Section, Air Planning and
DATES: This rule will be effective Implementation Branch, Air, Pesticides
40 CFR Part 52 and Toxics Management Division, U.S.
November 13, 2017.
[EPA–R04–OAR–2016–0462; FRL–9969– ADDRESSES: EPA has established a
Environmental Protection Agency,
26—Region 4] docket for this action under Docket Region 4, 61 Forsyth Street SW.,
Identification No. EPA–R04–OAR– Atlanta, Georgia 30303–8960. Ms.
Air Plan Approval; Kentucky; Regional Notarianni can be reached by phone at
2016–0462. All documents in the docket
Haze Progress Report (404) 562–9031 and via electronic mail
are listed on the www.regulations.gov
at notarianni.michele@epa.gov.
AGENCY: Environmental Protection Web site. Although listed in the index,
some information may not be publicly SUPPLEMENTARY INFORMATION:
Agency (EPA).
ACTION: Final rule. available, i.e., Confidential Business I. Background
Information or other information whose
States are required to submit a
SUMMARY: The Environmental Protection disclosure is restricted by statute. progress report in the form of a SIP
Agency (EPA) is finalizing approval of Certain other material, such as revision during the first implementation
a State Implementation Plan (SIP) copyrighted material, is not placed on period that evaluates progress towards
revision submitted by the the Internet and will be publicly the RPGs for each mandatory Class I
Commonwealth of Kentucky through available only in hard copy form. federal area 1 (Class I area) within the
the Kentucky Energy and Environment Publicly available docket materials are state and for each Class I area outside
Cabinet, Division of Air Quality (KDAQ) available either electronically through the state which may be affected by
on September 17, 2014. Kentucky’s www.regulations.gov or in hard copy at emissions from within the state. 40 CFR
September 17, 2014, SIP revision the Air Regulatory Management Section, 51.308(g). In addition, the provisions of
(Progress Report) addresses Air Planning and Implementation 40 CFR 51.308(h) require states to
requirements of the Clean Air Act (CAA Branch, Air, Pesticides and Toxics submit, at the same time as the 40 CFR
jstallworth on DSKBBY8HB2PROD with RULES
or Act) and EPA’s rules that require Management Division, U.S.
each state to submit periodic reports Environmental Protection Agency, 1 Areas designated as mandatory Class I federal
describing progress towards reasonable Region 4, 61 Forsyth Street SW., areas consist of national parks exceeding 6000
progress goals (RPGs) established for Atlanta, Georgia 30303–8960. EPA acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
regional haze and a determination of the requests that if at all possible, you that were in existence on August 7, 1977 (42 U.S.C.
adequacy of the state’s existing SIP contact the person listed in the FOR 7472(a)). These areas are listed at 40 CFR part 81,
addressing regional haze (regional haze FURTHER INFORMATION CONTACT section to subpart D.
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![47380 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State submittal
Applicable geographic
Name of non-regulatory SIP provision date/effective EPA approval date Explanations
or nonattainment area date
* * * * * * *
September 2014 Regional Haze Progress Report ......... Kentucky ..................... 09/17/2014 10/12/2017, [Insert ci-
tation of publication].
[FR Doc. 2017–21935 Filed 10–11–17; 8:45 am] the Air Program, Environmental rationale for this revision and provides
BILLING CODE 6560–50–P Protection Agency (EPA), Region 8, a detailed example of the revision.
1595 Wynkoop Street, Denver,
Revisions to Public Notice Requirements
Colorado, 80202–1129. The EPA
ENVIRONMENTAL PROTECTION requests that you contact the individual Previously Part B, Section III.C.4.,
AGENCY listed in the FOR FURTHER INFORMATION required the State to publish public
CONTACT section to view the hard copy notice of certain proposed minor source
40 CFR Part 52 of the docket. You may view the hard construction permit applications,
[EPA–R08–OAR–2017–0446; FRL–9969– copy of the docket Monday through including sources that apply for a
46—Region 8] Friday, 8:00 a.m. to 4:00 p.m., excluding permit to limit the potential to emit
federal holidays. criteria pollutants, in a newspaper of
Approval and Promulgation of Air
FOR FURTHER INFORMATION CONTACT: general distribution in the area where
Quality Implementation Plans;
Kevin Leone, Air Program, U.S. the proposed project will be located or
Colorado; Revisions to Regulation
Environmental Protection Agency, by other such method reasonably
Number 3
Region 8, Mailcode 8P–AR, 1595 designed to ensure effective public
AGENCY: Environmental Protection Wynkoop, Denver, Colorado 80202– notice. We are approving Colorado’s
Agency (EPA). 1129, (303) 312–6227, leone.kevin@ revision to include other means
ACTION: Final rule. epa.gov. authorized by state statute and federal
SUPPLEMENTARY INFORMATION: regulation that are designed to provide
SUMMARY: The Environmental Protection
public notice of the applicable
Agency (EPA) is taking final action to I. Background permitting action. Please see the notice
approve a portion of the State
Revisions to PM2.5 Significant Impact for our proposed rulemaking for details.
Implementation Plan (SIP) revisions
submitted by the State of Colorado on Level (SIL) and Significant Monitoring II. Response to Comment
February 25, 2015. The revisions are to Concentration (SMC) Provisions
Colorado Air Quality Control No comments were received on our
Colorado’s SIP submittal revises the
Commission (Commission) Regulation August 18, 2017 notice of proposed
SIL and SMC provisions for PM2.5 in the
Number 3, Parts A, B and D. The rulemaking.
State’s Prevention of Significant
amendments the EPA is taking final Deterioration (PSD) permitting program. III. What are the changes that EPA is
action on include: Revisions to Our proposed rulemaking, which was taking final action to approve?
provisions for permitting emissions for published on August 18, 2017, details
particulate matter less than 2.5 the relevant court decisions and the The EPA is taking final action to
micrograms (PM2.5) in Part D, EPA’s corresponding rulemakings approve a portion of the SIP revisions as
modifications to the provisions for filing regarding PM2.5 SILs and SMCs (See 82 submitted by Colorado on February 25,
revised Air Pollution Emission Notices FR 39396). As explained in our proposal 2015, pertaining to PM2.5 SILs and
(APEN) in Part A and updates to public notice, Colorado’s submittal is SMCs. As explained in our proposed
notice publication requirements in Part consistent with EPA’s revised rules. rulemaking, these changes meet the
B. This action is being taken under requirements under CAA section 110(l),
section 110 of the Clean Air Act (CAA). Revisions to APEN Reporting which states that the EPA cannot
DATES: This final rule is effective on Colorado has revised its APEN approve a SIP revision that interferes
November 13, 2017. reporting requirements to clarify when a with any requirement concerning
ADDRESSES: The EPA has established a revised APEN is required due to a attainment, reasonable further progress,
docket for this action under Docket significant change in annual actual or any other applicable requirement of
Identification Number EPA–R08–OAR– emissions. The revision would clarify the Act. The revisions to the PSD
2017–0446. All documents in the docket that the thresholds for determining program in Part D, Regulation Number
are listed on the http:// significant changes are based on an 3 comply with the requirements of 40
www.regulations.gov index. Although individual emission unit’s actual CFR 51.166 as revised by the EPA in
listed in the index, some information emissions on a pollutant-by-pollutant response to the D.C. Circuit Court of
may not be publicly available, e.g., basis, not on facility-wide emissions. Appeals decision regarding PM2.5 SILs
Confidential Business Information or This revision simplifies and streamlines and SMCs. See 78 FR 73698.
other information whose disclosure is the requirements for filing revised The EPA is taking final action to
jstallworth on DSKBBY8HB2PROD with RULES
restricted by statute. Certain other APENs because the source’s actual approve a portion of the SIP revisions as
material, such as copyrighted material, annual emissions are the relevant submitted by Colorado on February 25,
will be publicly available only in hard information for inventory and fee 2015, pertaining to revisions to
copy. Publicly available docket purposes when reporting past years’ Colorado’s APEN requirements. These
materials are available either emissions or reporting significant revisions, as outlined in our proposed
electronically through http:// changes in annual actual emissions. Our rulemaking, comply with section 110(l)
www.regulations.gov or in hard copy at proposed rulemaking outlines the because the revisions are limited to the
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Document Created: 2018-10-25 10:03:19
Document Modified: 2018-10-25 10:03:19
| 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 November 13, 2017. | |
| Contact | Michele Notarianni, 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. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at [email protected] | |
| FR Citation | 82 FR 47378 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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