Approval and Promulgation of Implementation Plans; Kentucky: New Sources in or Impacting Nonattainment Areas, 60805-60807 [2015-25575]
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Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 165.11731 to read as follows:
Lhorne on DSK5TPTVN1PROD with RULES
§ 165.11731 Security Zone: Escorted
Vessels, Los Angeles-Long Beach, CA,
Captain of the Port Zone.
(a) Definitions. The following
definitions apply to this section:
COTP means Captain of the Port Los
Angeles–Long Beach, CA (LALB).
Designated representatives means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and Federal, State,
and local officers designated by or
assisting the COTP, in the enforcement
of the security zone.
Escorted vessel means a vessel, other
than a large U.S. naval vessel as defined
in § 165.2015, that is accompanied by
one or more Coast Guard assets or other
Federal, State or local law enforcement
agency assets clearly identifiable by
lights, vessel markings, or with agency
insignia as listed below:
(1) Coast Guard surface or air asset
displaying the Coast Guard insignia.
(2) State and/or local law enforcement
asset displaying the applicable agency
markings and/or equipment associated
with the agency.
(3) When escorted vessels are moored,
dayboards or other visual indications
such as lights or buoys may be used. In
all cases, broadcast notice to mariners
will be issued to advise mariners of
these restrictions.
Minimum safe speed means the speed
at which a vessel proceeds when it is
fully off plane, completely settled in the
water and not creating excessive wake.
Due to the different speeds at which
vessels of different sizes and
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configurations may travel while in
compliance with this definition, no
specific speed is assigned to minimum
safe speed. In no instance should
minimum safe speed be interpreted as a
speed less than that required for a
particular vessel to maintain
steerageway. A vessel is not proceeding
at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake.
(b) Regulated area. All navigable
waters, as defined in 33 CFR 2.36,
within the Captain of the Port Zone, Los
Angeles–Long Beach, California 33 CFR
3.55–10.
(c) Security zone. A 500-yard security
zone is established around each
escorted vessel within the regulated area
described in paragraph (b) of this
section. This is a moving security zone
when the escorted vessel is in transit
and becomes a fixed zone when the
escorted vessel is anchored or moored.
A security zone will not extend beyond
the boundary of the regulated area in
this section.
(d) Regulations. (1) The general
regulations for security zones contained
in § 165.33 apply to this section.
(2) A vessel may request the
permission of the COTP LALB or a
designated representative to enter the
security zone described in paragraph (c)
of this section. If permitted to enter the
security zone, a vessel must proceed at
the minimum safe speed and must
comply with the orders of the COTP or
a designated representative.
(e) Notice of security zone. The COTP
will inform the public of the existence
or status of the security zones around
escorted vessels in the regulated area by
Broadcast Notice to Mariners. Coast
Guard assets or other Federal, State or
local law enforcement agency assets will
be clearly identified by lights, vessel
markings, or with agency insignia.
When escorted vessels are moored,
dayboards or other visual indications
such as lights or buoys may be used.
(f) Contact information. The COTP
LALB may be reached via phone at (310)
521–3801. Any on scene Coast Guard or
designated representative assets may be
reached via VHF–FM channel 16.
Dated: September 15, 2015.
J. F. Williams,
Captain, U.S. Coast Guard, Captain of the
Port Los Angeles—Long Beach.
[FR Doc. 2015–25557 Filed 10–7–15; 8:45 am]
BILLING CODE 9110–04–P
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60805
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0384; FRL–9935–22–
Region 4]
Approval and Promulgation of
Implementation Plans; Kentucky: New
Sources in or Impacting Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the Commonwealth of
Kentucky’s September 23, 2011, State
Implementation Plan (SIP) revision,
submitted through the Kentucky
Division for Air Quality (KY DAQ),
which modifies the SIP by making
changes to Kentucky regulation,
‘‘Review of new sources in or impacting
upon nonattainment areas.’’ EPA has
determined that Kentucky’s requested
SIP revision meets the applicable
provisions of the Clean Air Act (CAA or
Act) and EPA regulations regarding
Nonattainment New Source Review
(NNSR) permitting.
DATES: This rule is effective November
9, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0384. 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: Zuri
Farngalo, Air Regulatory Management
SUMMARY:
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60806
Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations
Lhorne on DSK5TPTVN1PROD with RULES
Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW., Atlanta, Georgia
30303–8960. Mr. Farngalo can be
reached by telephone at (404) 562–9152
and via electronic mail at farngalo.zuri@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 23, 2011, KY DAQ
submitted a SIP revision to EPA for
approval that makes several changes to
Kentucky’s regulations at 401 Kentucky
Administrative Regulations (KAR)
51:052, Review of new sources in or
impacting nonattainment areas. These
regulations establish air quality
permitting requirements for the
construction or modification of major
stationary sources located within, or
impacting upon, areas designated
nonattainment for any primary national
ambient air quality standard. To ensure
improvement of air quality in those
areas, the emissions resulting from
construction or modification of a major
stationary source must be offset with
compensating emission reductions.
Kentucky’s requested SIP revision
would revise 401 KAR 51:052 by: (1)
Changing Section 5, paragraph (6)(b) to
authorize new or modified sources to
offset their emission increases with
emission reductions achieved by
shutting down an existing unit or
curtailing production or operating hours
prior to the new source application date
(if specified conditions are met), (2)
adding new and more comprehensive
language to Section 5, paragraph (6)(b)
describing how to calculate offsetting
emission reductions obtained from a
source shutdown or curtailment (3)
amending Section 4, paragraph (3)(a) to
establish an offset ratio of at least 1:1 for
pollutants other than volatile organic
compounds and nitrogen oxides, and (4)
making changes to the introductory
paragraph to 401 KAR 51:052 and
Section 5, paragraph (3)(e) that update
and clarify these provisions.
In a notice of proposed rulemaking
(NPR) published on August 11, 2015,
EPA proposed to approve Kentucky’s
revisions to 401 KAR 51:052, Review of
new sources in or impacting
nonattainment areas revisions. See 80
FR 48051. The details of Kentucky’s
submittal and the rationale for EPA’s
action are provided in the NPR. EPA did
not receive any relevant comments on
the proposed action.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Kentucky Rule 401 KAR
51:052 entitled ‘‘Review of new sources
in or impacting nonattainment areas,’’
which became effective in the
Commonwealth of Kentucky on August
4, 2011. EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the Region 4 office (see the
ADDRESSES section of this preamble for
more information).
III. Final Action
EPA is taking final action to approve
the Commonwealth of Kentucky’s
September 23, 2011, SIP revision. EPA
has determined that the changes to
Kentucky’s Rule 401 KAR 51:052,
Review of new sources in or impacting
nonattainment areas, are approvable
because they are consistent with CAA
section 110 and EPA’s regulations
regarding NNSR permitting at 40 CFR
51.165.
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);
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• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 7, 2015. 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).
E:\FR\FM\08OCR1.SGM
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Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations
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 and Volatile organic
compounds.
Dated: September 24, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
40 CFR parts 52 is amended as
follows:
2. In § 52.920, table 1 in paragraph (c)
is amended under Chapter 51 by
revising the entry for ‘‘401 KAR 51:052’’
to read of follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.920
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
*
EPA approval
date
*
*
Explanation
*
Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
*
401 KAR 51:052 ................
*
*
*
*
*
*
Review of new sources in or impacting nonattainment areas.
*
*
*
*
*
[FR Doc. 2015–25575 Filed 10–7–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 141021887–5172–02]
RIN 0648–XE224
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of Atka
Mackerel in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of the 2015
Atka mackerel incidental catch
allowance (ICA) for the Bering Sea
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SUMMARY:
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*
*
8/4/2011
*
subarea and Eastern Aleutian district
(BS/EAI) to the Amendment 80
cooperative allocations in the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
allow the 2015 total allowable catch of
Atka mackerel in the BSAI to be fully
harvested.
DATES: Effective 12 hrs Alaska local time
(A.l.t.), October 5, 2015 through 2400
hrs, A.l.t., December 31, 2015.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2015 Atka mackerel ICA for the
BS/EAI is 1,000 metric tons (mt) and
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Register citation]
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*
*
*
2015 Atka mackerel total allowable
catch allocated to the Amendment 80
cooperatives is 20,696 mt as established
by the final 2015 and 2016 harvest
specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015).
The Administrator, Alaska Region,
NMFS, has determined that 700 mt of
the Atka mackerel ICA for the BS/EAI
will not be harvested. Therefore, in
accordance with § 679.91(f), NMFS
reallocates 700 mt of Atka mackerel
from the BS/EAI ICA to the Amendment
80 cooperatives in the BSAI. In
accordance with § 679.91(f), NMFS will
reissue cooperative quota permits for
the reallocated Atka mackerel following
the procedures set forth in § 679.91(f)(3).
The harvest specifications for Atka
mackerel included in the harvest
specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015) are
revised as follows: 300 mt of Atka
mackerel for the BS/EAI ICA and 21,395
mt of Atka mackerel for the Amendment
80 cooperative allocations in the BS/
EAI. Table 6 is revised and republished
in its entirety as follows:
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]]>Agencies
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Rules and Regulations]
[Pages 60805-60807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25575]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0384; FRL-9935-22-Region 4]
Approval and Promulgation of Implementation Plans; Kentucky: New
Sources in or Impacting Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the Commonwealth of Kentucky's September 23, 2011,
State Implementation Plan (SIP) revision, submitted through the
Kentucky Division for Air Quality (KY DAQ), which modifies the SIP by
making changes to Kentucky regulation, ``Review of new sources in or
impacting upon nonattainment areas.'' EPA has determined that
Kentucky's requested SIP revision meets the applicable provisions of
the Clean Air Act (CAA or Act) and EPA regulations regarding
Nonattainment New Source Review (NNSR) permitting.
DATES: This rule is effective November 9, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0384. 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: Zuri Farngalo, Air Regulatory
Management
[[Page 60806]]
Section, Air Planning and Implementation Branch, Pesticides and Toxics
Management Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Farngalo can be
reached by telephone at (404) 562-9152 and via electronic mail at
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 23, 2011, KY DAQ submitted a SIP revision to EPA for
approval that makes several changes to Kentucky's regulations at 401
Kentucky Administrative Regulations (KAR) 51:052, Review of new sources
in or impacting nonattainment areas. These regulations establish air
quality permitting requirements for the construction or modification of
major stationary sources located within, or impacting upon, areas
designated nonattainment for any primary national ambient air quality
standard. To ensure improvement of air quality in those areas, the
emissions resulting from construction or modification of a major
stationary source must be offset with compensating emission reductions.
Kentucky's requested SIP revision would revise 401 KAR 51:052 by:
(1) Changing Section 5, paragraph (6)(b) to authorize new or modified
sources to offset their emission increases with emission reductions
achieved by shutting down an existing unit or curtailing production or
operating hours prior to the new source application date (if specified
conditions are met), (2) adding new and more comprehensive language to
Section 5, paragraph (6)(b) describing how to calculate offsetting
emission reductions obtained from a source shutdown or curtailment (3)
amending Section 4, paragraph (3)(a) to establish an offset ratio of at
least 1:1 for pollutants other than volatile organic compounds and
nitrogen oxides, and (4) making changes to the introductory paragraph
to 401 KAR 51:052 and Section 5, paragraph (3)(e) that update and
clarify these provisions.
In a notice of proposed rulemaking (NPR) published on August 11,
2015, EPA proposed to approve Kentucky's revisions to 401 KAR 51:052,
Review of new sources in or impacting nonattainment areas revisions.
See 80 FR 48051. The details of Kentucky's submittal and the rationale
for EPA's action are provided in the NPR. EPA did not receive any
relevant 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 Rule
401 KAR 51:052 entitled ``Review of new sources in or impacting
nonattainment areas,'' which became effective in the Commonwealth of
Kentucky on August 4, 2011. EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the Region 4 office (see the
ADDRESSES section of this preamble for more information).
III. Final Action
EPA is taking final action to approve the Commonwealth of
Kentucky's September 23, 2011, SIP revision. EPA has determined that
the changes to Kentucky's Rule 401 KAR 51:052, Review of new sources in
or impacting nonattainment areas, are approvable because they are
consistent with CAA section 110 and EPA's regulations regarding NNSR
permitting at 40 CFR 51.165.
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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 7, 2015. 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).
[[Page 60807]]
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 and
Volatile organic compounds.
Dated: September 24, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR parts 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. In Sec. 52.920, table 1 in paragraph (c) is amended under Chapter
51 by revising the entry for ``401 KAR 51:052'' to read of follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Kentucky Regulations
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State effective
State citation Title/subject date EPA approval date Explanation
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* * * * * * *
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Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
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* * * * * * *
401 KAR 51:052................. Review of new sources 8/4/2011 10/8/2015 [Insert
in or impacting Federal Register
nonattainment areas. citation]
* * * * * * *
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* * * * *
[FR Doc. 2015-25575 Filed 10-7-15; 8:45 am]
BILLING CODE 6560-50-P
