83 FR 42034 - Air Plan Approval and Air Quality Designation; KY; Redesignation of the Kentucky Portion of the Louisville Unclassifiable Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 161 (August 20, 2018)
Federal Register Volume 83, Issue 161 (August 20, 2018)
| Page Range | 42034-42036 | |
| FR Document | 2018-17935 |
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)] [Rules and Regulations] [Pages 42034-42036] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17935] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R04-OAR-2017-0390; FRL-9982-70--Region 4] Air Plan Approval and Air Quality Designation; KY; Redesignation of the Kentucky Portion of the Louisville Unclassifiable Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On May 4, 2018, the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (KDAQ), submitted a request for the Environmental Protection Agency (EPA) to redesignate the portion of Kentucky that is within the bi- state Louisville, KY-IN fine particulate matter (PM2.5 ) unclassifiable area (hereinafter referred to as the ``bi-state Louisville Area'' or ``Area'') to unclassifiable/attainment for the 2012 primary annual PM2.5 national ambient air quality standard (NAAQS). The bi-state Louisville Area consists of Jefferson County and a portion of Bullitt County in Kentucky, as well as Clark and Floyd Counties in Indiana. EPA is approving the State's request and redesignating the Area to unclassifiable/attainment for the 2012 primary annual PM2.5 NAAQS based upon valid, quality- assured, and certified ambient air monitoring data showing that the PM2.5 monitors in the bi-state Louisville Area are in compliance with the 2012 primary annual PM2.5 NAAQS. DATES: This rule will be effective September 19, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0390. All documents in the docket are listed on the www.regulations.gov website. 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: 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 by telephone at (404) 562-9644 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On December 14, 2012, EPA revised the primary annual NAAQS for PM2.5 at a level of 12 micrograms per cubic meter ([micro]g/ m\3\), based on a 3-year average of annual mean PM2.5 concentrations. See 78 FR 3085 (January 15, 2013). EPA established the standards based on significant evidence and numerous health studies demonstrating that serious health effects are associated with exposures to particulate matter. The process for designating areas following promulgation of a new or revised NAAQS is contained in section [[Page 42035]] 107(d)(1) of the CAA. On December 18, 2014, EPA designated the majority of areas across the country as nonattainment, unclassifiable/ attainment, or unclassifiable\1\ for the 2012 PM2.5 NAAQS based upon air quality monitoring data from monitors for calendar years 2011-2013. See 80 FR 2206 (January 15, 2015). EPA's January 15, 2015, rulemaking notice also described a process by which EPA would evaluate any complete, quality-assured, certified air quality monitoring data from 2014 that a state submitted for consideration before February 27, 2015. EPA stated that it would evaluate whether, with the inclusion of certified 2014 data, the 3-year design value for 2012-2014 suggests that a change in the initial designation would be appropriate for an area. If EPA agreed that a change in the initial designation would be appropriate, EPA would withdraw the designation announced in the January 15, 2015, notice for such area before the effective date and issue another designation reflecting the inclusion of 2014 data. --------------------------------------------------------------------------- \1\ For the initial PM area designations in 2014 (for the 2012 annual PM2.5 NAAQS), EPA used a designation category of ``unclassifiable/attainment'' for areas that had monitors showing attainment of the standard and were not contributing to nearby violations and for areas that did not have monitors but for which EPA had reason to believe were likely attaining the standard and not contributing to nearby violations. EPA used the category ``unclassifiable'' for areas in which EPA could not determine, based upon available information, whether or not the NAAQS was being met and/or EPA had not determined the area to be contributing to nearby violations. EPA reserves the ``attainment'' category for when EPA redesignates a nonattainment area that has attained the relevant NAAQS and has an approved maintenance plan. --------------------------------------------------------------------------- In a follow-up designation action published on April 7, 2015 (80 FR 18535), EPA designated five areas as unclassifiable/attainment in Georgia, including two neighboring counties in the bordering states of Alabama and South Carolina, that were initially deferred in EPA's January 15, 2015, rulemaking. In the same action, EPA changed the designations for one area in Ohio, two areas in Pennsylvania, and one bi-state area with portions in Kentucky and Ohio from nonattainment to unclassifiable/attainment. The bi-state Louisville Area was changed from nonattainment to unclassifiable. On May 4, 2018, Kentucky submitted a request for EPA to redesignate the bi-state Louisville Area to unclassifiable/attainment for the 2012 primary annual PM2.5 NAAQS now that there is sufficient data to determine that the Area is in attainment. In a notice of proposed rulemaking (NPRM) published on May 30, 2018 (83 FR 24714), EPA proposed to approve the State's request to redesignate the Kentucky portion of the bi-state Louisville Area to unclassifiable/attainment for the 2012 primary annual PM2.5 NAAQS. The details of Kentucky's submittal and the rationale for EPA's actions are further explained in the NPRM. EPA did not receive any adverse comments on the proposed action. II. Final Action EPA is approving Kentucky's redesignation request and redesignating the Kentucky portion of the bi-state Louisville Area from unclassifiable to unclassifiable/attainment for the 2012 primary annual PM2.5 NAAQS. III. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to unclassifiable/ attainment is an action that affects the status of a geographical area and does not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to unclassifiable/ attainment does not in and of itself create any new requirements. Accordingly, this action merely redesignates an area to unclassifiable/ attainment and does not impose additional requirements. 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 redesignations 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 will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). This final redesignation action is not approved to apply to 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 19, 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 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: August 8, 2018. Onis ``Trey'' Glenn, III Regional Administrator, Region 4. 40 CFR part 81 is amended as follows: [[Page 42036]] PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 1. The authority citation for part 81 continues to read as follows: Authority: 42.U.S.C. 7401 et seq. 0 2. In Sec. 81.318, the table entitled ``Kentucky-2012 Annual PM 2.5 NAAQS'' is amended under the heading ``Louisville, KY- IN:'' by revising the entries for ``Bullitt County (part)'' and ``Jefferson County'' to read as follows: Sec. 81.318 Kentucky. * * * * * Kentucky--2012 Annual PM2.5 NAAQS [Primary] ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area \1\ ----------------------------------------------------------------------------- Date \2\ Type Date \2\ Type ---------------------------------------------------------------------------------------------------------------- Louisville, KY-IN: Bullitt County (part)......... August 20, 2018...... Unclassifiable/ Attainment.. 2010 Census tracts: 201.01, 201.02, 201.03, 202.01, 202.02, 203, 204, 205, 206.01, 206.02, 207.01, 207.02, 208, 211.01 and 211.02. Jefferson County.............. August 20, 2018...... Unclassifiable/ Attainment.. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ Includes areas of Indian country located in each county or area, except as otherwise specified. \2\ This date is April 15, 2015, unless otherwise noted. * * * * * [FR Doc. 2018-17935 Filed 8-17-18; 8:45 am] BILLING CODE 6560-50-P
![42034 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
The SIP does not apply on any Indian and recordkeeping requirements, Sulfur Authority: 42 U.S.C. 7401 et seq.
reservation land or in any other area oxides, Volatile organic compounds.
where the EPA or an Indian tribe has Subpart N—Idaho
Authority: 42 U.S.C. 7401 et seq.
demonstrated that a tribe has
jurisdiction. In those areas of Indian Dated: August 7, 2018. ■ 2. In § 52.670, the table in paragraph
country, this action does not have tribal Chris Hladick, (c) is amended by:
implications and will not impose Regional Administrator, Region 10.
■ a. Revising entry 107; and
substantial direct costs on tribal For the reasons set forth in the
governments or preempt tribal law as ■ b. Removing entry 582.
preamble, 40 CFR part 52 is amended as
specified by Executive Order 13175 (65 follows: The revision reads as follows:
FR 67249, November 9, 2000).
PART 52—APPROVAL AND § 52.670 Identification of plan.
List of Subjects in 40 CFR Part 52
PROMULGATION OF * * * * *
Environmental protection, Air IMPLEMENTATION PLANS (c) * * *
pollution control, Incorporation by
reference, Intergovernmental relations, ■ 1. The authority citation for part 52
Ozone, Particulate matter, Reporting continues to read as follows:
EPA-APPROVED IDAHO REGULATIONS AND STATUTES
State citation Title/subject State effective date EPA approval date Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
* * * * * * *
107 ..................... Incorporation by Reference .. 3/28/2018, 3/25/2016, 3/20/ 8/20/2018 [Insert Federal Except Section 107.03.f
2014, 3/30/2007, 7/1/1997, Register citation]. through 107.03.p.
5/1/1994.
* * * * * * *
* * * * * County in Kentucky, as well as Clark Georgia 30303–8960. EPA requests that
[FR Doc. 2018–17825 Filed 8–17–18; 8:45 am] and Floyd Counties in Indiana. EPA is if at all possible, you contact the person
BILLING CODE 6560–50–P approving the State’s request and listed in the FOR FURTHER INFORMATION
redesignating the Area to unclassifiable/ CONTACT section to schedule your
attainment for the 2012 primary annual inspection. The Regional Office’s
ENVIRONMENTAL PROTECTION PM2.5 NAAQS based upon valid, official hours of business are Monday
AGENCY quality-assured, and certified ambient through Friday 8:30 a.m. to 4:30 p.m.,
air monitoring data showing that the excluding Federal holidays.
40 CFR Part 81 PM2.5 monitors in the bi-state Louisville FOR FURTHER INFORMATION CONTACT:
[EPA–R04–OAR–2017–0390; FRL–9982– Area are in compliance with the 2012 Madolyn Sanchez, Air Regulatory
70—Region 4] primary annual PM2.5 NAAQS. Management Section, Air Planning and
DATES: This rule will be effective Implementation Branch, Air, Pesticides
Air Plan Approval and Air Quality September 19, 2018. and Toxics Management Division, U.S.
Designation; KY; Redesignation of the Environmental Protection Agency,
ADDRESSES: EPA has established a
Kentucky Portion of the Louisville Region 4, 61 Forsyth Street SW, Atlanta,
docket for this action under Docket
Unclassifiable Area Georgia 30303–8960. Ms. Sanchez can
Identification No. EPA–R04–OAR–
AGENCY: Environmental Protection 2017–0390. All documents in the docket be reached by telephone at (404) 562–
Agency (EPA). are listed on the www.regulations.gov 9644 or via electronic mail at
website. Although listed in the index, sanchez.madolyn@epa.gov.
ACTION: Final rule.
some information may not be publicly SUPPLEMENTARY INFORMATION:
SUMMARY: On May 4, 2018, the available, i.e., Confidential Business
I. Background
Commonwealth of Kentucky, through Information or other information whose
the Kentucky Energy and Environment disclosure is restricted by statute. On December 14, 2012, EPA revised
Cabinet, Division for Air Quality Certain other material, such as the primary annual NAAQS for PM2.5 at
(KDAQ), submitted a request for the copyrighted material, is not placed on a level of 12 micrograms per cubic meter
Environmental Protection Agency (EPA) the internet and will be publicly (mg/m3), based on a 3-year average of
to redesignate the portion of Kentucky available only in hard copy form. annual mean PM2.5 concentrations. See
that is within the bi-state Louisville, Publicly available docket materials are 78 FR 3085 (January 15, 2013). EPA
KY-IN fine particulate matter (PM2.5) available either electronically through established the standards based on
unclassifiable area (hereinafter referred www.regulations.gov or in hard copy at significant evidence and numerous
daltland on DSKBBV9HB2PROD with RULES
to as the ‘‘bi-state Louisville Area’’ or the Air Regulatory Management Section, health studies demonstrating that
‘‘Area’’) to unclassifiable/attainment for Air Planning and Implementation serious health effects are associated
the 2012 primary annual PM2.5 national Branch, Air, Pesticides and Toxics with exposures to particulate matter.
ambient air quality standard (NAAQS). Management Division, U.S. The process for designating areas
The bi-state Louisville Area consists of Environmental Protection Agency, following promulgation of a new or
Jefferson County and a portion of Bullitt Region 4, 61 Forsyth Street SW, Atlanta, revised NAAQS is contained in section
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![42036 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
PART 81—DESIGNATION OF AREAS Authority: 42.U.S.C. 7401 et seq. entries for ‘‘Bullitt County (part)’’ and
FOR AIR QUALITY PLANNING ■ 2. In § 81.318, the table entitled ‘‘Jefferson County’’ to read as follows:
PURPOSES ‘‘Kentucky-2012 Annual PM2.5 NAAQS’’ § 81.318 Kentucky.
■ 1. The authority citation for part 81 is amended under the heading
* * * * *
continues to read as follows: ‘‘Louisville, KY-IN:’’ by revising the
KENTUCKY—2012 ANNUAL PM2.5 NAAQS
[Primary]
Designation Classification
Designated area 1
Date 2 Type Date 2 Type
Louisville, KY-IN:
Bullitt County (part) .............................................. August 20, 2018 ............... Unclassifiable/Attainment.
2010 Census tracts: 201.01, 201.02,
201.03, 202.01, 202.02, 203, 204, 205,
206.01, 206.02, 207.01, 207.02, 208,
211.01 and 211.02.
Jefferson County .................................................. August 20, 2018 ............... Unclassifiable/Attainment.
* * * * * * *
1 Includes areas of Indian country located in each county or area, except as otherwise specified.
2 This date is April 15, 2015, unless otherwise noted.
* * * * * Information or other information whose all of the requirements necessary to
[FR Doc. 2018–17935 Filed 8–17–18; 8:45 am] disclosure is restricted by statute. qualify for final authorization. For a list
BILLING CODE 6560–50–P Certain other material, such as of District rules that are being
copyrighted material, will be publicly authorized with this final authorization
available only in hard copy. Publicly please see the proposed rule published
ENVIRONMENTAL PROTECTION available docket materials are available in the June 11, 2018 Federal Register at
AGENCY either electronically through 83 FR 26917.
www.regulations.gov or in hard copy.
40 CFR Part 271 You may view and copy the District’s B. What is codification and is EPA
[EPA–R03–RCRA–2017–0553; FRL–9982– application from 9:00 a.m. to 5:00 p.m., codifying the District of Columbia’s
19—Region 3] Monday through Friday at the following hazardous waste program as
locations: District of Columbia authorized in this authorization?
District of Columbia: Final Department of Energy and Environment,
Authorization of District Hazardous Environmental Services Administration, Codification is the process of placing
Waste Management Program Hazardous Waste Branch, 1200 First a state’s statutes and regulations that
Revisions Street NE, 5th Floor, Washington, DC, comprise that state’s authorized
Phone number: (202) 654–6031, Attn: hazardous waste program into the Code
AGENCY: Environmental Protection
Barbara Williams; and EPA Region III, of Federal Regulations. EPA does this by
Agency (EPA).
Library, 2nd Floor, 1650 Arch Street, referencing the authorized state rules in
ACTION: Final authorization. Philadelphia, PA 19103–2029, Phone 40 CFR part 272. EPA is not codifying
number: (215) 814–5254. the authorization of the District’s
SUMMARY: The EPA is granting the
District of Columbia (the District) final FOR FURTHER INFORMATION CONTACT: Sara revisions at this time. However, EPA
authorization for revisions to its Kinslow, U.S. EPA Region III, RCRA reserves the amendment of 40 CFR part
hazardous waste management program Waste Branch, Mailcode 3LC32, 1650 272, subpart J, for codification of this
under the Resource Conservation and Arch Street, Philadelphia, PA 19103– authorization of the District’s hazardous
Recovery Act (RCRA). The Agency 2029, phone number: (215) 814–5577, waste management program until a later
published a proposed rule on June 11, email: kinslow.sara@epa.gov. date.
2018 and provided for public comment. SUPPLEMENTARY INFORMATION:
C. Statutory and Executive Order
No comments relevant to the proposed A. What revisions is EPA authorizing Reviews
revisions were received. No further with this action?
opportunity for comment will be This final authorization revises the
provided. On August 15, 2012, the District
submitted a final complete program District’s authorized hazardous waste
DATES: This final authorization is revision application (with subsequent management program pursuant to
effective on August 20, 2018. corrections) seeking authorization of section 3006 of RCRA and imposes no
ADDRESSES: EPA has established a revisions to its hazardous waste requirements other than those currently
docket for this action under Docket ID management program in accordance imposed by District law. For further
daltland on DSKBBV9HB2PROD with RULES
No. EPA–R03–RCRA–2017–0553. All with 40 CFR 271.21. EPA now makes a information on how this authorization
documents in the docket are listed in final decision that the District’s complies with applicable executive
the www.regulations.gov index. hazardous waste management program orders and statutory provisions, please
Although listed in the index, some of revisions are equivalent to, consistent see the proposed rule published in the
the information is not publicly with, and no less stringent than the June 11, 2018 Federal Register at 83 FR
available, e.g., Confidential Business Federal program, and therefore satisfy 26917.
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Document Created: 2018-08-18 01:28:47
Document Modified: 2018-08-18 01:28:47
| 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 19, 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 by telephone at (404) 562-9644 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 42034 | |
| CFR Associated | Environmental Protection; Air Pollution Control; National Parks and Wilderness Areas |
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