Approval and Promulgation of Implementation Plans; Revisions to the Kentucky State Implementation Plan, 20780-20782 [2010-8933]
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20780
Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Rules and Regulations
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
erowe on DSK5CLS3C1PROD with RULES
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
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adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a security
zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T13–136 to read as
follows:
■
§ 165.T13–136 Security Zone; Portland
Rose Festival Fleet Week, Willamette River,
Portland, Oregon.
(a) Location. The following area is a
security zone: All waters of the
Willamette River, from surface to
bottom, between the Hawthorne and
Steel Bridges.
(b) Regulations. Under 33 CFR part
165, subpart D, no person or vessel may
enter or remain in the security zone
created by this section without the
authorization of the Captain of the Port
or his designated representatives.
Subpart D has other requirements
applicable to the security zone created
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by this section. Permission to enter the
security zone created by this section
may be requested by contacting the
Captain of the Port at 503–240–9311 or
on VHF channels 16 or 22.
(c) Effective period. This section is
effective from June 2, 2010, through
June 7, 2010.
Dated: April 9, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the
Port, Portland.
[FR Doc. 2010–9185 Filed 4–20–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0502–201011; FRL–
9139–1]
Approval and Promulgation of
Implementation Plans; Revisions to the
Kentucky State Implementation Plan
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is taking final action to
approve the transportation conformity
revisions to the Kentucky State
Implementation Plan (SIP) submitted by
the Commonwealth of Kentucky,
through the Kentucky Energy and
Environment Cabinet’s Division of Air
Quality (KY DAQ). This addition
consists of transportation conformity
criteria and procedures related to
interagency consultation and
enforceability of certain transportationrelated control measures and mitigation
measures. The intended effect is to
establish the transportation conformity
criteria and procedures in the Kentucky
SIP. This action is being taken pursuant
to section 110 of the Clean Air Act
(CAA).
DATES: Effective Date: This rule will be
effective May 21, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–0502. All documents in the docket
are listed on the https://
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
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Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Rules and Regulations
electronically through https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning 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 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Amanetta Somerville, Air Quality
Modeling and Transportation Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms.
Somerville’s telephone number is 404–
562–9025. She can also be reached via
electronic mail at
Somerville.amanetta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Today’s Action
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Today’s Action
EPA is taking final action to approve
the transportation conformity section of
the SIP revision, submitted by the
Commonwealth of Kentucky, through
KDAQ, on December 31, 2008 for the
purpose of establishing transportation
conformity criteria and procedures in
the Kentucky SIP. This approval action
is based on EPA’s analysis that
Kentucky’s request complies with
section 176(c) of the CAA.
In a December 4, 2009, rulemaking
notice, EPA proposed approval of the
aforementioned revision to the
Kentucky SIP. The comment period
closed on January 4, 2010, and no
comments were received. A detailed
discussion of Kentucky’s submittal and
EPA’s rationale for approval of the
December 31, 2008, Kentucky SIP
revision may be found in the proposed
rulemaking notice (74 FR 63697). EPA is
finalizing the approval as proposed
based on the rationale stated in the
proposal and in this final action.
II. Background for This Action
A. Transportation Conformity
Transportation conformity (hereafter
referred to as ‘‘conformity’’) is required
under section 176(c) of the Clean Air
Act (CAA or Act) to ensure that
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federally supported highway, transit
projects, and other activities are
consistent with (‘‘conform to’’) the
purpose of the SIP. Conformity
currently applies to areas that are
designated nonattainment, and to areas
that have been redesignated to
attainment after 1990 (maintenance
areas) with plans developed under
section 175A of the Act, for the
following transportation related criteria
pollutants: ozone, particulate matter
(PM2.5 and PM10), carbon monoxide, and
nitrogen dioxide.
Conformity to the purpose of the SIP
means that transportation activities will
not cause new air quality violations,
worsen existing violations, or delay
timely attainment of the relevant criteria
pollutants, also known as national
ambient air quality standards (NAAQS).
The transportation conformity
regulation is found in 40 CFR Part 93
and provisions related to conformity
SIPs are found in 40 CFR 51.390.
B. Federal Requirements
EPA promulgated the Federal
transportation conformity criteria and
procedures (‘‘Conformity Rule’’) on
November 24, 1993 (58 FR 62188).
Among other things, the rule required
states to address all provisions of the
conformity rule in their SIPs frequently
referred to as ‘‘conformity SIPs.’’ Under
40 CFR 51.390, most sections of the
conformity rule were required to be
copied verbatim. States were also
required to tailor all or portions of the
following three sections of the
conformity rule to meet their state’s
individual circumstances: 40 CFR
93.105, which addresses consultation
procedures; 40 CFR 93.122(a)(4)(ii),
which addresses written commitments
to control measures that are not
included in a metropolitan planning
organization’s (MPO’s) transportation
plan and transportation improvement
program that must be obtained prior to
a conformity determination, and the
requirement that such commitments,
when they exist, must be fulfilled; and
40 CFR 93.125(c), which addresses
written commitments to mitigation
measures that must be obtained prior to
a project-level conformity
determination, and the requirement that
project sponsors must comply with such
commitments, when they exist.
On August 10, 2005, the ‘‘Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users’’ (SAFETEA–LU) was signed into
law. SAFETEA–LU revised section
176(c) of the CAA transportation
conformity provisions. One of the
changes streamlines the requirements
for conformity SIPs. Under SAFETEA–
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20781
LU, states are required to address and
tailor only three sections of the rule in
their conformity SIPs: 40 CFR 93.105, 40
CFR 93.122(a)(4)(ii), and 40 CFR
93.125(c), described above. In general,
states are no longer required to submit
conformity SIP revisions that address
the other sections of the conformity
rule. These changes took effect on
August 10, 2005, when SAFETEA–LU
was signed into law.
C. SIP Submission
On December 31, 2008, the
Commonwealth of Kentucky, through
the KY DAQ, submitted the
Commonwealth’s transportation
conformity and consultation interagency
rule to EPA as an addition to the SIP.
The interagency consultation
procedures for the transportation
conformity partners are outlined in the
document, Transportation Conformity:
A Guide for Interagency Consultation,
which is referenced in the Kentucky
transportation conformity rule.
The Commonwealth of Kentucky
developed its consultation rule based on
the elements contained in 40 CFR
93.105, 93.122(a)(4)(ii), and 93.125(c).
As a first step, the Commonwealth
worked with the existing transportation
planning organization’s interagency
committee that included representatives
from Kentucky’s air quality agency,
Kentucky Department of Transportation
(DOT), U.S. DOT (i.e., Federal Highway
Administration—Kentucky Division,
Federal Transit Administration), the
MPOs of the maintenance and
nonattainment areas of Kentucky, and
EPA. The interagency committee met
regularly and drafted the consultation
rules considering elements in 40 CFR
93.105, 93.122(a)(4)(ii), and 93.125(c),
and integrated the local procedures and
processes into the rule. The proposed
rule provides additional information
regarding Kentucky’s analysis and
applicable nonattainment and
maintenance areas.
III. Final Action
EPA is taking final action to approve
the December 31, 2008, SIP revision
request from Kentucky for the purpose
of establishing transportation
conformity criteria and procedures in
the Kentucky SIP. This SIP revision is
consistent with section 176(c) of the
CAA.
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.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
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Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Rules and Regulations
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not 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 June 21, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 1, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(c) is amended by
adding an entry for ’’401 KAR 50:066’’ to
Table 1 to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS
State citation
State effective
date
Title/subject
EPA approval date
Explanation
Chapter 50 Division for Air Quality; General Administrative Procedures
*
*
401 KAR 50:066 ...........................
*
*
*
*
*
*
Conformity
of
transportation
plans, programs, and projects.
(Amendment).
11/12/2008
*
*
04/21/2010 ...................................
[Insert citation of publication] .......
*
[FR Doc. 2010–8933 Filed 4–20–10; 8:45 am]
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BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Rules and Regulations]
[Pages 20780-20782]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8933]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0502-201011; FRL-9139-1]
Approval and Promulgation of Implementation Plans; Revisions to
the Kentucky State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve the transportation
conformity revisions to the Kentucky State Implementation Plan (SIP)
submitted by the Commonwealth of Kentucky, through the Kentucky Energy
and Environment Cabinet's Division of Air Quality (KY DAQ). This
addition consists of transportation conformity criteria and procedures
related to interagency consultation and enforceability of certain
transportation-related control measures and mitigation measures. The
intended effect is to establish the transportation conformity criteria
and procedures in the Kentucky SIP. This action is being taken pursuant
to section 110 of the Clean Air Act (CAA).
DATES: Effective Date: This rule will be effective May 21, 2010.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2010-0502. All documents in the docket
are listed on the https://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
[[Page 20781]]
electronically through https://www.regulations.gov or in hard copy at
the Regulatory Development Section, Air Planning 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 to 4:30, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Amanetta Somerville, Air Quality
Modeling and Transportation Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Ms. Somerville's telephone number is 404-562-9025. She can
also be reached via electronic mail at Somerville.amanetta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Today's Action
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews
I. Today's Action
EPA is taking final action to approve the transportation conformity
section of the SIP revision, submitted by the Commonwealth of Kentucky,
through KDAQ, on December 31, 2008 for the purpose of establishing
transportation conformity criteria and procedures in the Kentucky SIP.
This approval action is based on EPA's analysis that Kentucky's request
complies with section 176(c) of the CAA.
In a December 4, 2009, rulemaking notice, EPA proposed approval of
the aforementioned revision to the Kentucky SIP. The comment period
closed on January 4, 2010, and no comments were received. A detailed
discussion of Kentucky's submittal and EPA's rationale for approval of
the December 31, 2008, Kentucky SIP revision may be found in the
proposed rulemaking notice (74 FR 63697). EPA is finalizing the
approval as proposed based on the rationale stated in the proposal and
in this final action.
II. Background for This Action
A. Transportation Conformity
Transportation conformity (hereafter referred to as ``conformity'')
is required under section 176(c) of the Clean Air Act (CAA or Act) to
ensure that federally supported highway, transit projects, and other
activities are consistent with (``conform to'') the purpose of the SIP.
Conformity currently applies to areas that are designated
nonattainment, and to areas that have been redesignated to attainment
after 1990 (maintenance areas) with plans developed under section 175A
of the Act, for the following transportation related criteria
pollutants: ozone, particulate matter (PM2.5 and
PM10), carbon monoxide, and nitrogen dioxide.
Conformity to the purpose of the SIP means that transportation
activities will not cause new air quality violations, worsen existing
violations, or delay timely attainment of the relevant criteria
pollutants, also known as national ambient air quality standards
(NAAQS). The transportation conformity regulation is found in 40 CFR
Part 93 and provisions related to conformity SIPs are found in 40 CFR
51.390.
B. Federal Requirements
EPA promulgated the Federal transportation conformity criteria and
procedures (``Conformity Rule'') on November 24, 1993 (58 FR 62188).
Among other things, the rule required states to address all provisions
of the conformity rule in their SIPs frequently referred to as
``conformity SIPs.'' Under 40 CFR 51.390, most sections of the
conformity rule were required to be copied verbatim. States were also
required to tailor all or portions of the following three sections of
the conformity rule to meet their state's individual circumstances: 40
CFR 93.105, which addresses consultation procedures; 40 CFR
93.122(a)(4)(ii), which addresses written commitments to control
measures that are not included in a metropolitan planning
organization's (MPO's) transportation plan and transportation
improvement program that must be obtained prior to a conformity
determination, and the requirement that such commitments, when they
exist, must be fulfilled; and 40 CFR 93.125(c), which addresses written
commitments to mitigation measures that must be obtained prior to a
project-level conformity determination, and the requirement that
project sponsors must comply with such commitments, when they exist.
On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU) was signed
into law. SAFETEA-LU revised section 176(c) of the CAA transportation
conformity provisions. One of the changes streamlines the requirements
for conformity SIPs. Under SAFETEA-LU, states are required to address
and tailor only three sections of the rule in their conformity SIPs: 40
CFR 93.105, 40 CFR 93.122(a)(4)(ii), and 40 CFR 93.125(c), described
above. In general, states are no longer required to submit conformity
SIP revisions that address the other sections of the conformity rule.
These changes took effect on August 10, 2005, when SAFETEA-LU was
signed into law.
C. SIP Submission
On December 31, 2008, the Commonwealth of Kentucky, through the KY
DAQ, submitted the Commonwealth's transportation conformity and
consultation interagency rule to EPA as an addition to the SIP. The
interagency consultation procedures for the transportation conformity
partners are outlined in the document, Transportation Conformity: A
Guide for Interagency Consultation, which is referenced in the Kentucky
transportation conformity rule.
The Commonwealth of Kentucky developed its consultation rule based
on the elements contained in 40 CFR 93.105, 93.122(a)(4)(ii), and
93.125(c). As a first step, the Commonwealth worked with the existing
transportation planning organization's interagency committee that
included representatives from Kentucky's air quality agency, Kentucky
Department of Transportation (DOT), U.S. DOT (i.e., Federal Highway
Administration--Kentucky Division, Federal Transit Administration), the
MPOs of the maintenance and nonattainment areas of Kentucky, and EPA.
The interagency committee met regularly and drafted the consultation
rules considering elements in 40 CFR 93.105, 93.122(a)(4)(ii), and
93.125(c), and integrated the local procedures and processes into the
rule. The proposed rule provides additional information regarding
Kentucky's analysis and applicable nonattainment and maintenance areas.
III. Final Action
EPA is taking final action to approve the December 31, 2008, SIP
revision request from Kentucky for the purpose of establishing
transportation conformity criteria and procedures in the Kentucky SIP.
This SIP revision is consistent with section 176(c) of the CAA.
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. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
[[Page 20782]]
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this proposed 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not 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 June 21, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 1, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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) is amended by adding an entry for ''401 KAR
50:066'' to Table 1 to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Chapter 50 Division for Air Quality; General Administrative Procedures
----------------------------------------------------------------------------------------------------------------
* * * * * * *
401 KAR 50:066................. Conformity of 11/12/2008 04/21/2010....... ......................
transportation [Insert citation
plans, programs, of publication].
and projects.
(Amendment).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2010-8933 Filed 4-20-10; 8:45 am]
BILLING CODE 6560-50-P
