83 FR 21907 - Air Plan Approval; KY; Fine Particulate Matter and Ozone NAAQS Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 92 (May 11, 2018)
Federal Register Volume 83, Issue 92 (May 11, 2018)
| Page Range | 21907-21909 | |
| FR Document | 2018-09991 |
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)] [Rules and Regulations] [Pages 21907-21909] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09991] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0550; FRL-9977-93--Region 4] Air Plan Approval; KY; Fine Particulate Matter and Ozone NAAQS Revisions AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of State Implementation Plan (SIP) revisions submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality, on December 21, 2016, and August 29, 2017, on behalf of the Louisville Metro Air Pollution Control District (District). The changes to the SIP that EPA is taking final action to approve are the portions of the submittals that modify the District's Ambient Air Quality Standards regulation, specifically changes to the District's air quality standards for fine particulate matter (PM2.5 ) and ozone to reflect the 2012 PM2.5 and 2015 ozone national ambient air quality standards (NAAQS). EPA has determined that the December 21, 2016, and August 29, 2017, SIP revisions are consistent with the Clean Air Act (CAA or Act). EPA will act on the other portions of the December 21, 2016, and August 29, 2017, submittals in a separate action. DATES: This rule will be effective June 11, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0550. All documents in the docket are listed on the www.regulations.gov website. 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. Sanchez can be reached via telephone at (404) 562-9644 or via electronic mail at sanchez.madolyn@epa.gov. 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 February 8, 2018 (83 FR 5593), EPA proposed to approve into the Kentucky SIP the portions of the revisions to the Jefferson County \1\ air quality regulations addressing Regulation 3.01, Ambient Air Quality Standards, submitted by the Commonwealth on December 21, 2016, and August 29, 2017. Regulation 3.01 is amended \2\ by updating air quality standards in Section 7 for PM2.5 and ozone to reflect the most recent NAAQS, removing the numbering of the subsections in Section 7, and making textual modifications to the footnotes. The details of Kentucky's submissions and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before March 12, 2018. [[Page 21908]] EPA did not receive any relevant comments on the proposed action. --------------------------------------------------------------------------- \1\ In 2003, the City of Louisville and Jefferson County governments merged and the ``Jefferson County Air Pollution Control District'' was renamed the ``Louisville Metro Air Pollution Control District.'' However, each of the regulations in the Jefferson County portion of the Kentucky SIP still has the subheading ``Air Pollution Control District of Jefferson County.'' Thus, to be consistent with the terminology used in the SIP, EPA refers throughout this notice to regulations contained in the Jefferson County portion of the Kentucky SIP as the ``Jefferson County'' regulations. \2\ The District refers to the revised version of Regulation 3.01 in its December 21, 2016, submittal as ``Version 6'' and the revised version of Regulation 3.01 in its August 29, 2017, submittal as ``Version 7.'' Upon EPA's final approval of changes to Regulation 3.01, the text of the regulation in the SIP will reflect Version 7. --------------------------------------------------------------------------- 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 Jefferson County Regulation 3.01, Ambient Air Quality Standards, effective September 21, 2016, and February 15, 2017, which was revised to be consistent with the current NAAQS. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and 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 in the next update to the SIP compilation.\3\ --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is taking final action to approve portions of the Commonwealth of Kentucky's SIP revisions submitted on December 21, 2016, and August 29, 2017, because these revisions are consistent with the CAA. The submissions revise the District's air quality standards for PM2.5 and ozone to reflect the 2012 PM2.5 and 2015 ozone NAAQS. 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. 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 July 10, 2018. 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 dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: April 30, 2018. 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(c), Table 2 is amended under Reg 3--Ambient Air Quality Standards by revising the entry for ``3.01 Ambient Air Quality Standards'' to read as follows: Sec. 52.920 Identification of plan. * * * * * (c) * * * * * * * * [[Page 21909]] ---------------------------------------------------------------------------------------------------------------- EPA approval Federal Register District Reg Title/subject date notice effective date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Reg 3--Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- 3.01................. Ambient Air 5/11/2018 [Insert citation 02/15/17 ................. Quality Standards. of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-09991 Filed 5-10-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations 21907
grant health care providers additional ENVIRONMENTAL PROTECTION CONTACT section to schedule your
authorities that go beyond what is AGENCY inspection. The Regional Office’s
required or authorized by Federal law official hours of business are Monday
and regulations or as defined in the laws 40 CFR Part 52 through Friday 8:30 a.m. to 4:30 p.m.,
and practice acts of the health care [EPA–R04–OAR–2017–0550; FRL–9977– excluding Federal holidays.
providers’ State license, registration, or 93—Region 4] FOR FURTHER INFORMATION CONTACT:
certification. Madolyn Sanchez, Air Regulatory
Air Plan Approval; KY; Fine Particulate Management Section, Air Planning and
(2) Situations where a health care Matter and Ozone NAAQS Revisions
provider’s VA practice of telehealth may Implementation Branch, Air, Pesticides
be inconsistent with a State law or State AGENCY: Environmental Protection and Toxics Management Division, U.S.
license, registration, or certification Agency. Environmental Protection Agency,
requirements related to telehealth ACTION: Final rule. Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Sanchez can
include when:
SUMMARY: The Environmental Protection be reached via telephone at (404) 562–
(i) The beneficiary and the health care Agency (EPA) is taking final action to 9644 or via electronic mail at
provider are physically located in approve portions of State sanchez.madolyn@epa.gov.
different States during the episode of Implementation Plan (SIP) revisions SUPPLEMENTARY INFORMATION:
care; submitted by the Commonwealth of
Kentucky, through the Kentucky I. Background
(ii) The beneficiary is receiving
services in a State other than the health Division for Air Quality, on December Sections 108 and 109 of the CAA
21, 2016, and August 29, 2017, on govern the establishment, review, and
care provider’s State of licensure,
behalf of the Louisville Metro Air revision, as appropriate, of the NAAQS
registration, or certification;
Pollution Control District (District). The to protect public health and welfare.
(iii) The health care provider is changes to the SIP that EPA is taking The CAA requires periodic review of the
delivering services in a State other than final action to approve are the portions air quality criteria—the science upon
the health care provider’s State of of the submittals that modify the which the standards are based—and the
licensure, registration, or certification; District’s Ambient Air Quality standards themselves. EPA’s regulatory
(iv) The health care provider is Standards regulation, specifically provisions that govern the NAAQS are
delivering services either on or outside changes to the District’s air quality
found at 40 CFR 50—National Primary
VA property; standards for fine particulate matter
and Secondary Ambient Air Quality
(PM2.5) and ozone to reflect the 2012
(v) The beneficiary is receiving Standards.
PM2.5 and 2015 ozone national ambient
services while she or he is located either air quality standards (NAAQS). EPA has In a proposed rulemaking published
on or outside VA property; determined that the December 21, 2016, on February 8, 2018 (83 FR 5593), EPA
and August 29, 2017, SIP revisions are proposed to approve into the Kentucky
(vi) The beneficiary has or has not SIP the portions of the revisions to the
previously been assessed, in person, by consistent with the Clean Air Act (CAA
or Act). EPA will act on the other Jefferson County 1 air quality regulations
the health care provider; or addressing Regulation 3.01, Ambient Air
portions of the December 21, 2016, and
(vii) Other State requirements would August 29, 2017, submittals in a Quality Standards, submitted by the
prevent or impede the practice of health separate action. Commonwealth on December 21, 2016,
care providers delivering telehealth to and August 29, 2017. Regulation 3.01 is
DATES: This rule will be effective June
VA beneficiaries. amended 2 by updating air quality
11, 2018.
standards in Section 7 for PM2.5 and
(c) Preemption of State law. To ADDRESSES: EPA has established a
ozone to reflect the most recent NAAQS,
achieve important Federal interests, docket for this action under Docket removing the numbering of the
including, but not limited to, the ability Identification No. EPA–R04–OAR– subsections in Section 7, and making
to provide the same complete health 2017–0550. All documents in the docket textual modifications to the footnotes.
care and hospital service to beneficiaries are listed on the www.regulations.gov The details of Kentucky’s submissions
in all States under 38 U.S.C. 7301, this website. Although listed in the index, and the rationale for EPA’s action are
section preempts conflicting State laws some information is not publicly explained in the proposed rulemaking.
relating to the practice of health care available, i.e., Confidential Business Comments on the proposed rulemaking
providers when such health care Information or other information whose were due on or before March 12, 2018.
providers are practicing telehealth disclosure is restricted by statute.
within the scope of their VA Certain other material, such as 1 In 2003, the City of Louisville and Jefferson
employment. Any State law, rule, copyrighted material, is not placed on County governments merged and the ‘‘Jefferson
regulation or requirement pursuant to the internet and will be publicly County Air Pollution Control District’’ was renamed
such law, is without any force or effect available only in hard copy form. the ‘‘Louisville Metro Air Pollution Control
Publicly available docket materials are District.’’ However, each of the regulations in the
on, and State governments have no legal Jefferson County portion of the Kentucky SIP still
available either electronically through has the subheading ‘‘Air Pollution Control District
authority to enforce them in relation to,
www.regulations.gov or in hard copy at of Jefferson County.’’ Thus, to be consistent with
this section or decisions made by VA
the Air Regulatory Management Section, the terminology used in the SIP, EPA refers
under this section. throughout this notice to regulations contained in
Air Planning and Implementation
sradovich on DSK3GMQ082PROD with RULES
[FR Doc. 2018–10114 Filed 5–10–18; 8:45 am] the Jefferson County portion of the Kentucky SIP as
Branch, Air, Pesticides and Toxics the ‘‘Jefferson County’’ regulations.
BILLING CODE 8320–01–P Management Division, U.S. 2 The District refers to the revised version of
Environmental Protection Agency, Regulation 3.01 in its December 21, 2016, submittal
Region 4, 61 Forsyth Street SW, Atlanta, as ‘‘Version 6’’ and the revised version of
Regulation 3.01 in its August 29, 2017, submittal as
Georgia 30303–8960. EPA requests that ‘‘Version 7.’’ Upon EPA’s final approval of changes
if at all possible, you contact the person to Regulation 3.01, the text of the regulation in the
listed in the FOR FURTHER INFORMATION SIP will reflect Version 7.
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![Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations 21909
District
EPA approval
Reg Title/subject Federal Register notice effective Explanation
date date
* * * * * * *
Reg 3—Ambient Air Quality Standards
3.01 ................ Ambient Air Quality Stand- 5/11/2018 [Insert citation of publication] 02/15/17
ards.
* * * * * * *
* * * * * DATES: This final rule is effective on 110(a)(2)(D)(i) 1 by contributing
[FR Doc. 2018–09991 Filed 5–10–18; 8:45 am] May 11, 2018. significantly to nonattainment or
BILLING CODE 6560–50–P
ADDRESSES: The EPA has established a interfering with maintenance problems
docket for this action under Docket ID in downwind states. Section
No. EPA–HQ–OAR–2018–0170. All 110(a)(2)(D)(i)(I) of the CAA prohibits
ENVIRONMENTAL PROTECTION emissions of any air pollutant in
documents in the docket are listed on
AGENCY amounts which will contribute
the http://www.regulations.gov website.
Although listed in the index, some significantly to nonattainment in, or
40 CFR Part 52 interfere with maintenance by, any
information is not publicly available,
[EPA–HQ–OAR–2018–0170; FRL–9977–90– e.g., Confidential Business Information other state with respect to any NAAQS.
OAR] or other information whose disclosure is Under CAA section 126(c), any existing
restricted by statute. Certain other sources for which the EPA makes the
RIN 2060–AU02 material, such as copyrighted material, requested finding must cease operations
is not placed on the internet and will be within 3 months of the finding, except
Extension of Deadline for Action on that the source may continue to operate
publicly available only in hard copy
the Section 126(b) Petition From New if it complies with emission limitations
form. Publicly available docket
York and compliance schedules (containing
materials are available electronically
increments of progress) that the EPA
AGENCY: Environmental Protection through http://www.regulations.gov.
may provide to bring about compliance
Agency (EPA). FOR FURTHER INFORMATION CONTACT: Mr. with the applicable requirements as
ACTION: Final rule. Lev Gabrilovich, U.S. Environmental expeditiously as practical but no later
Protection Agency, Office of Air Quality than 3 years from the date of the
SUMMARY: In this action, the Planning and Standards, Air Quality finding.
Environmental Protection Agency (EPA) Policy Division, Mail Code C539–01, The CAA section 126(b) petition from
is determining that 60 days is Research Triangle Park, NC 27711, the state of New York requests that the
insufficient time to complete the telephone (919) 541–1496; email at EPA make a finding that, within each of
technical and other analyses and public gabrilovich.lev@epa.gov. the identified nine upwind states,
notice-and-comment process required certain sources within the electric
for our review of a petition dated March SUPPLEMENTARY INFORMATION:
generating unit (EGU) and non-EGU
12, 2018, submitted by the state of New I. Background and Legal Standard sectors collectively emit air pollutants
York pursuant to section 126(b) of the in violation of CAA section
Clean Air Act (CAA). The petition This is a procedural action to extend
the deadline for the EPA to respond to 110(a)(2)(D)(i) with respect to the 2008
requests that the EPA make a finding 8-hour ozone NAAQS, set at 0.075 parts
that emissions from the collection of a petition from the state of New York
filed pursuant to CAA section 126(b). per million (ppm), and the revised 2015
identified sources in nine states 8-hour ozone NAAQS, set at 0.070
(Illinois, Indiana, Kentucky, Maryland, The EPA received the petition on March
14, 2018. The petition requests that the ppm.2
Michigan, Ohio, Pennsylvania, Virginia Pursuant to CAA section 126(b), the
and West Virginia) significantly EPA make a finding under section
126(b) of the CAA that emissions from EPA must make the finding requested in
contribute to and interfere with the petition or must deny the petition
maintenance of the 2008 and 2015 the collection of identified sources in
nine states (Illinois, Indiana, Kentucky, within 60 days of its receipt and after
ozone national ambient air quality holding a public hearing. In addition to
standards (NAAQS) in New York State. Maryland, Michigan, Ohio,
Pennsylvania, Virginia and West the public hearing provisions in CAA
Under section 307(d)(10) of the CAA, section 126(b), the EPA’s action under
the EPA is authorized to grant a time Virginia) significantly contribute to and
extension for responding to a petition if interfere with maintenance of the 2008 1 The text of CAA section 126 codified in the
the EPA determines that the extension and 2015 ozone NAAQS in New York in United States Code cross references CAA section
is necessary to afford the public, and the violation of the provisions of section 110(a)(2)(D)(ii) instead of CAA section
Agency, adequate opportunity to carry 110(a)(2)(D)(i) of the CAA, also known 110(a)(2)(D)(i). The courts have confirmed that this
sradovich on DSK3GMQ082PROD with RULES
as the ‘‘good neighbor’’ provisions. is a scrivener’s error and the correct cross reference
out the purposes of the section 307(d) is to CAA section 110(a)(2)(D)(i). See Appalachian
notice-and-comment rulemaking Section 126(b) of the CAA authorizes Power Co. v. EPA, 249 F.3d 1032, 1040–44 (DC Cir.
requirements. By this action, the EPA is states to petition the EPA to find that a 2001).
making that determination. The EPA is, major source or group of stationary 2 On October 1, 2015, the EPA strengthened the
sources in upwind states emits or would ground-level ozone NAAQS, based on extensive
therefore, extending the deadline for scientific evidence about ozone’s effects on public
acting on the petition from May 13, emit any air pollutant in violation of the health and welfare. See 80 FR 65291 (October 26,
2018, to no later than November 9, 2018. prohibition of CAA section 2015).
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Document Created: 2018-11-02 09:49:10
Document Modified: 2018-11-02 09:49:10
| 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 June 11, 2018. | |
| 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 | 83 FR 21907 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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