Approval and Promulgation of Implementation Plans; Kentucky 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 60307-60311 [2012-23988]
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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations
this section who are surviving on the
date of the decedent’s death in the
following order of precedence:
(A) To the next eligible beneficiary
designated by the decedent in a writing
received by the appropriate office of the
applicable uniformed service before the
decedent’s death in the uniformed
services in the case of Servicemembers’
Group Life Insurance proceeds or a
Servicemembers’ Group Life Insurance
Traumatic Injury Protection benefit, or
in a writing received by the
administrative office defined in § 9.1(b)
of this part before the decedent’s death
in the case of Veterans’ Group Life
Insurance proceeds;
(B) To the decedent’s widow or
widower;
(C) To the decedent’s child or
children, in equal shares, and
descendants of deceased children by
representation;
(D) To the decedent’s parents, in
equal shares, or to the survivor of them;
(E) To the duly appointed executor or
administrator of the decedent’s estate;
(F) To other next of kin of the
decedent as determined by the insurer
(defined in § 9.1(c) of this part) under
the laws of the domicile of the decedent
at the time of the decedent’s death.
(ii) Payment of Servicemembers’
Group Life Insurance or Veterans’ Group
Life Insurance proceeds or a
Servicemembers’ Group Life Insurance
Traumatic Injury Protection benefit to
any person under paragraph (e)(4)(i) of
this section shall bar recovery of those
proceeds or that benefit by any other
person.
*
*
*
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*
[FR Doc. 2012–24391 Filed 10–2–12; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–1014; FRL–9734–4]
Approval and Promulgation of
Implementation Plans; Kentucky
110(a)(1) and (2) Infrastructure
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve in part, and conditionally
approve in part, the State
Implementation Plan (SIP) revisions,
submitted by the Commonwealth of
Kentucky through the Kentucky Energy
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SUMMARY:
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and Environment Cabinet, Division for
Air Quality (DAQ), as demonstrating
that the Commonwealth meets certain
requirements of sections 110(a)(1) and
(2) of the Clean Air Act (CAA or the Act)
for the 1997 annual and 2006 24-hour
fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that
each state adopt and submit a SIP for
the implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. The
Commonwealth certified that the
Kentucky SIP contains provisions that
ensure the 1997 annual and 2006 24hour PM2.5 NAAQS are implemented,
enforced, and maintained in the
Commonwealth (hereafter referred to as
‘‘infrastructure submission’’). With the
exception of elements 110(a)(2)(C),
110(a)(2)(D)(i), 110(a)(2)(E)(ii) and
110(a)(2)(J), EPA is today finalizing its
determination that Kentucky’s
infrastructure submissions, provided to
EPA on August 26, 2008, and July 17,
2012, addressed all the required
infrastructure elements for the 1997
annual and 2006 24-hour PM2 NAAQS.
In addition, EPA is today taking final
action to approve Kentucky’s July 17,
2012, submittal addressing the
requirements of section 128 of the CAA.
Final approval of these substantive
revisions to the Kentucky SIP also
enables EPA to take final action today
approving the Commonwealth’s
infrastructure SIP as meeting the state
board requirements of section
110(a)(2)(E)(ii). Lastly, EPA is taking
final action to conditionally approve
elements 110(a)(2)(C) and (J) of
Kentucky’s 1997 annual and 2006 24hour PM2.5 NAAQS infrastructure SIP.
DATES: This rule is effective November
2, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–1014. 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 Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
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60307
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:
Sean Lakeman, 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. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS. On
July 18, 1997 (62 FR 38652), EPA
promulgated a new annual PM2.5
NAAQS and on October 17, 2006 (71 FR
61144), EPA promulgated a new 24-hour
NAAQS. On August 3, 2012, EPA
proposed to approve in part, and
conditionally approve in part,
Kentucky’s August 26, 2008, and July
17, 2012, infrastructure submissions for
the 1997 annual and 2006 24-hour PM2.5
NAAQS. See 77 FR 46352. A summary
of the background for today’s final
action is provided below. See EPA’s
August 3, 2012, proposed rulemaking at
77 FR 46352 for more detail.
Section 110(a) of the CAA requires
states to submit SIPs to provide for the
implementation, maintenance, and
enforcement of a new or revised
NAAQS within three years following
the promulgation of such NAAQS, or
within such shorter period as EPA may
prescribe. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. The data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
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of such SIP submissions may also vary
depending upon what provisions the
state’s existing SIP already contains. In
the case of the 1997 annual and 2006
24-hour PM2.5 NAAQS, states typically
have met the basic program elements
required in section 110(a)(2) through
earlier SIP submissions in connection
with previous PM NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS. As
already mentioned, these requirements
include SIP infrastructure elements
such as modeling, monitoring, and
emissions inventories that are designed
to assure attainment and maintenance of
the NAAQS. The requirements that are
the subject of this final rulemaking are
listed below 1 and in EPA’s October 2,
2007, memorandum entitled ‘‘Guidance
on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8Hour Ozone and PM2.5 National
Ambient Air Quality Standards’’ and
September 25, 2009, memorandum
entitled ‘‘Guidance on SIP Elements
Required Under Section 110(a)(1) and
(2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality
Standards.’’
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement of control measures.2
• 110(a)(2)(D): Interstate transport.3
• 110(a)(2)(E): Adequate resources.
• 110(a)(2)(F): Stationary source
monitoring system.
• 110(a)(2)(G): Emergency power.
• 110(a)(2)(H): Future SIP revisions.
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time
the nonattainment area plan requirements are due
pursuant to section 172. These requirements are: (1)
Submissions required by section 110(a)(2)(C) to the
extent that subsection refers to a permit program as
required in part D Title I of the CAA, and (2)
submissions required by section 110(a)(2)(I) which
pertain to the nonattainment planning requirements
of part D, Title I of the CAA. Today’s final
rulemaking does not address infrastructure
elements related to section 110(a)(2)(I) or the
nonattainment plan requirements of section
110(a)(2)(C).
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
3 Today’s final rule does not address element
110(a)(2)(D)(i) (Interstate Transport) for the 1997
and 2006 PM2.5 NAAQS.
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• 110(a)(2)(I): Areas designated
nonattainment and meet the applicable
requirements of part D.4
• 110(a)(2)(J): Consultation with
government officials; public
notification; and PSD and visibility
protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
II. This Action
Section 110(a) of the CAA requires
that each state adopt and submit a SIP
for the implementation, maintenance,
and enforcement of each NAAQS
promulgated by the EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. The
Commonwealth certified that the
Kentucky SIP contains provisions that
ensure the 1997 annual and 2006 24hour PM2.5 NAAQS are implemented,
enforced, and maintained in the
Commonwealth.
Today, EPA is taking final action on
three actions related to Kentucky’s
section 110(a) obligations associated
with the 1997 annual and 2006 24-hour
PM2.5 NAAQS. First, EPA has
determined that, as described in its
infrastructure submissions, Kentucky’s
SIP meets the section 110(a)(2)
infrastructure requirements for both the
1997 annual and 2006 24-hour PM2.5
NAAQS with the exception of elements
110(a)(2)(C) respecting prevention of
significant deterioration (PSD)
requirements, 110(a)(2)(D)(i) regarding
interstate transport, and 110(a)(2)(J)
respecting PSD requirements. Second,
EPA is approving Kentucky’s July 17,
2012, submission requesting approval of
Kentucky Revised Statutes (KRS)
Chapters 11A.020, 11A.030, 11A.040,
224.10–020 and 224.10–100 into the SIP
to address element 110(a)(2)(E)(ii),
related to state board requirements.
Third, with respect to elements
110(a)(2)(C) and 110(a)(2)(J) as they both
relate to PSD requirements, EPA is
finalizing a conditional approval for
these elements. On July 3, 2012, the
Commonwealth submitted a
commitment letter to EPA requesting
conditional approval of outstanding
requirements related to sections
110(a)(2)(C) and 110(a)(2)(J). In this
letter, Kentucky provided a schedule on
how the Commonwealth will address
4 This requirement was inadvertently omitted
from EPA’s October 2, 2007, memorandum entitled
‘‘Guidance on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality
Standards,’’ but as mentioned above is not relevant
to today’s final rulemaking.
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outstanding requirements promulgated
in the New Source Review (NSR) PM2.5
Rule related to the PM2.5 standard for
their PSD program and committing to
providing the necessary SIP revision to
address these NSR PM2.5 Rule
requirements. This letter of commitment
meets the requirements of section
110(k)(4) of the CAA. See EPA’s August
3, 2012, proposed rulemaking at 77 FR
46352 for more detail. If the
Commonwealth fails to submit these
revisions by October 3, 2013, today’s
conditional approval will automatically
become a disapproval on that date and
EPA will issue a finding of disapproval.
EPA is not required to propose the
finding of disapproval. If the
conditional approval is converted to a
disapproval, the final disapproval
triggers the Federal Implementation
Plan requirement under section 110(c).
However, if the State meets its
commitment within the applicable
timeframe, the conditionally approved
submission will remain a part of the SIP
until EPA takes final action approving
or disapproving the new submittal.
Kentucky’s infrastructure
submissions, provided to EPA on
August 26, 2008, and July 17, 2012, and
the July 3, 2012, letter of commitment
address all the required infrastructure
elements for the 1997 annual and 2006
24-hour PM2.5 NAAQS with the
exception of element 110(a)(D)(i). For
those infrastructure elements for which
EPA is today finalize approval, the
Agency has determined that the
Commonwealth’s August 26, 2008, and
July 17, 2012, submissions are
consistent with section 110 of the CAA.
EPA received one off-topic comment
on its August 3, 2012, proposed
rulemaking to approve Kentucky’s
August 26, 2008, and July 17, 2012,
infrastructure submissions as meeting
the requirements of sections 110(a)(1)
and (2) of the CAA for the 1997 annual
and 2006 24-hour PM2.5 NAAQS.
The comment was focused on the
promulgation of the particulate matter
NAAQS, and not the current rulemaking
action. The Commenter stated that EPA
PM2.5 standard forces expensive
mandates on states and industry and the
designation process places a strain on
local resources and discourages
economic growth and EPA should
withdraw the PM2.5 standard. Also, the
Commenter stated that EPA should
consider public interest prior to entering
into consent decrees.
This comment does not appear to be
related to the issues presented in the
proposed rulemaking—and instead,
related to a wholly separate topic,
promulgation of the PM NAAQS. The
Commenter did not provide comments
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relevant to EPA’s August 3, 2012,
proposed approval of Kentucky’s
infrastructure submissions for the 1997
annual and 2006 24-hour PM2.5 NAAQS.
Instead, the Commenter appears to be
providing comment on EPA’s
promulgation of PM NAAQS.
Promulgations of NAAQS involve
public comment opportunities and that
would be the time to raise concerns
specific to a particular NAAQS.
Additionally, with regard to
Commenter’s general statement about
consent decrees, although it is not clear
to which specific consent decree
commenter is referring, the CAA does
provide for opportunities for public
input regarding certain consent decrees.
EPA does not interpret these
comments as relevant to the topic of
EPA’s proposed action on August 3,
2012, which is proposed approval, in
part, and conditional approval, in part,
of Kentucky’s infrastructure
submissions for the existing 1997
annual and 2006 24-hour PM2.5 NAAQS.
Instead, EPA interprets these comments
to be off-topic and outside of the scope
of today’s final rulemaking.
Kentucky’s infrastructure
submissions, provided to EPA on
August 26, 2008, and July 17, 2012, and
the July 3, 2012, letter of commitment
address all the required infrastructure
elements for the 1997 annual and 2006
24-hour PM2.5 NAAQS with the
exception of element 110(a)(D)(i). For
those infrastructure elements for which
EPA is today finalize approval, the
Agency has determined that the
Commonwealth’s August 26, 2008, and
July 17, 2012, submissions are
consistent with section 110 of the CAA.
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III. Final Action
As already described, Kentucky has
addressed the elements of the CAA
110(a)(1) and (2) SIP requirements
pursuant to EPA’s October 2, 2007,
guidance to ensure that 1997 annual and
2006 24-hour PM2.5 NAAQS are
implemented, enforced, and maintained
in the Commonwealth with the
exception of the elements noted above.
EPA is taking final action to approve in
part, and conditionally approve in part,
Kentucky’s August 26, 2008, and July
17, 2012, submissions for 1997 annual
and 2006 24-hour PM2.5 NAAQS
because these submissions are
consistent with section 110 of the CAA.
These actions are not approving any
specific rule, but rather making a
determination that Kentucky’s already
approved SIP meets certain CAA
requirements.
In addition, EPA is also taking final
action to approve KRS Chapters
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11A.020, 11A.030, 11A.040, 224.020
and 224.10–100 in the SIP.
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).
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 Commonwealth law.
For that reason, this 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, and EPA notes that it will not
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60309
impose substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 3, 2012. 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, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 13, 2012.
A. Stanley Meiburg,
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 52.919 is revised to read as
follows:
■
§ 52.919 Identification of plan-conditional
approval.
Kentucky submitted a letter to EPA on
July 3, 2012, which includes a
commitment to address the State
Implementation Plan deficiencies
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regarding requirements of Clean Air Act
sections 110(a)(2)(C) and 110(a)(2)(J) as
they both relate to Prevention of
Significant Deterioration (PSD)
infrastructure requirements for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standards. EPA is
conditionally approving Kentucky’s
schedule to address outstanding
requirements promulgated in the New
Source Review (NSR) PM2.5 Rule related
to the PM2.5 standard for their PSD
program and committing to providing
the necessary SIP revision to address
these NSR PM2.5 Rule requirements. If
the Commonwealth fails to submit these
revisions by October 3, 2013, the
conditional approval will automatically
become a disapproval on that date and
EPA will issue a finding of disapproval.
■ 3. Section 52.920 is amended by:
■ a. In paragraph (c), adding in
numerical order a new entry for
‘‘Kentucky Revised Statutes (KRS)’’ at
the end of the table 1 to read as follows:
■ b. In paragraph (e), adding two new
entries for ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 1997
Fine Particulate Matter National
Ambient Air Quality Standards’’ and
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2006 Fine
Particulate Matter National Ambient Air
Quality Standards’’ at the end of the
table 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
*
*
Explanations
*
*
Kentucky Revised Statutes (KRS)
KRS Chapter 11A.020 ............
KRS Chapter 11A.030 ............
KRS Chapter 11A.040 ............
KRS Chapter 224.10–020 ......
KRS Chapter 224.10–100 ......
*
*
*
*
Public servant prohibited from
certain conduct-ExceptionDisclosure of personal or
private interest.
Considerations in determination to abstain from action
on official decision-Advisory
opinion.
Acts prohibited for public
servant or officer-exception.
Department within the cabinet-Offices and divisions
within the departments-Appointments.
Powers and duties of cabinet
*
7/15/1998
10/3/2012 [Insert citation of
publication].
7/14/1992
10/3/2012 [Insert citation of
publication].
7/16/2006
7/15/2010
10/3/2012 [Insert citation of
publication].
10/3/2012 [Insert citation of
publication].
8/30/2007
10/3/2012 [Insert citation of
publication].
(e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable geographic or nonattainment area
State submittal
date/effective
date
*
*
*
110(a)(1) and (2) InfrastrucKentucky ................................
ture Requirements for 1997
Fine Particulate Matter National Ambient Air Quality
Standards.
*
8/26/2008
*
10/3/2012 [Insert citation of
publication].
110(a)(1) and (2) Infrastructure Requirements for 2006
Fine Particulate Matter National Ambient Air Quality
Standards.
7/17/2012
10/3/2012 [Insert citation of
publication].
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Name of non-regulatory SIP
provision
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Kentucky ................................
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EPA approval date
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Explanations
*
*
With the exception of section
110(a)(2)(D)(i), With respect to sections
110(a)(2)(C) related to PSD
requirements and
110(a)(2)(J) related to PSD
requirements, EPA conditionally approved these requirements.
With the exception of section
110(a)(2)(D)(i), With respect to sections
110(a)(2)(C) related to PSD
requirements and
110(a)(2)(J) related to PSD
requirements, EPA conditionally approved these requirements.
Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
[FR Doc. 2012–23988 Filed 10–2–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0029; FRL–9362–5]
Chlorantraniliprole; Pesticide
Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of
chlorantraniliprole in or on multiple
commodities which are identified and
discussed later in this document. E.I.
DuPont de Nemours and Company,
DuPont Crop Protection, requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
October 3, 2012. Objections and
requests for hearings must be received
on or before December 3, 2012, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0029, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Jennifer Urbanski, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 347–0156; email address:
urbanski.jennifer@epa.gov.
SUPPLEMENTARY INFORMATION:
erowe on DSK2VPTVN1PROD with
SUMMARY:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
VerDate Mar<15>2010
14:51 Oct 02, 2012
Jkt 229001
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2012–0029 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before December 3, 2012. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2012–0029, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
60311
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at
https://www.epa.gov/dockets/
contacts.htm.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of April 4,
2012 (77 FR 20344) (FRL–9340–4), EPA
issued a document pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide
petition (PP 1F7954) by E.I. DuPont de
Nemours and Company, DuPont Crop
Protection, 1007 Market Street,
Wilmington, DE 19898. The petition
requested that 40 CFR 180.628 be
amended by establishing tolerances for
residues of the insecticide
chlorantraniliprole,3-bromo-N-[4chloro-2-methyl-6[(methylamino)carbonyl]phenyl]-1-(3chloro-2-pyridinyl)-1H-pyrazole-5carboxamide, in or on oilseed, rapeseed
subgroup 20A at 2.0 parts per million
(ppm); oilseed, sunflower subgroup 20B
at 2.0 ppm; oilseed, cottonseed
subgroup 20C at 0.3 ppm; soybean
aspirated grain fractions at 300 ppm;
vegetable, legume, group 6 at 2.0 ppm;
vegetable, foliage of legume, group 7 at
30 ppm; and forage, vegetable, foliage of
legume, group 7 at 90 ppm. That
document referenced a summary of the
petition prepared by E. I. DuPont de
Nemours and Company, the registrant,
which is available in the docket,
https://www.regulations.gov. Comments
were received on the notice of filing.
EPA’s response to these comments is
discussed in Unit IV.C.
Based upon review of the data
supporting the petition, EPA has revised
the tolerance associated with aspirated
grain fractions to 640 ppm. EPA is also
increasing the existing tolerances in
cattle, fat; goat, fat; horse, fat; and sheep,
fat to 0.5 ppm. EPA has also increased
the existing tolerances in cattle, meat;
goat, meat; horse, meat; and sheep, meat
to 0.1 ppm. The reason for these
changes are explained in Unit IV.D.
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Rules and Regulations]
[Pages 60307-60311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23988]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-1014; FRL-9734-4]
Approval and Promulgation of Implementation Plans; Kentucky
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006
Fine Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve in part, and
conditionally approve in part, the State Implementation Plan (SIP)
revisions, submitted by the Commonwealth of Kentucky through the
Kentucky Energy and Environment Cabinet, Division for Air Quality
(DAQ), as demonstrating that the Commonwealth meets certain
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or
the Act) for the 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA, which is commonly referred to as an
``infrastructure'' SIP. The Commonwealth certified that the Kentucky
SIP contains provisions that ensure the 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in the
Commonwealth (hereafter referred to as ``infrastructure submission'').
With the exception of elements 110(a)(2)(C), 110(a)(2)(D)(i),
110(a)(2)(E)(ii) and 110(a)(2)(J), EPA is today finalizing its
determination that Kentucky's infrastructure submissions, provided to
EPA on August 26, 2008, and July 17, 2012, addressed all the required
infrastructure elements for the 1997 annual and 2006 24-hour
PM2 NAAQS. In addition, EPA is today taking final action to
approve Kentucky's July 17, 2012, submittal addressing the requirements
of section 128 of the CAA. Final approval of these substantive
revisions to the Kentucky SIP also enables EPA to take final action
today approving the Commonwealth's infrastructure SIP as meeting the
state board requirements of section 110(a)(2)(E)(ii). Lastly, EPA is
taking final action to conditionally approve elements 110(a)(2)(C) and
(J) of Kentucky's 1997 annual and 2006 24-hour PM2.5 NAAQS
infrastructure SIP.
DATES: This rule is effective November 2, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2010-1014. 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 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: Sean Lakeman, 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. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR
38652), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On
August 3, 2012, EPA proposed to approve in part, and conditionally
approve in part, Kentucky's August 26, 2008, and July 17, 2012,
infrastructure submissions for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. See 77 FR 46352. A summary of the background
for today's final action is provided below. See EPA's August 3, 2012,
proposed rulemaking at 77 FR 46352 for more detail.
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. The data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents
[[Page 60308]]
of such SIP submissions may also vary depending upon what provisions
the state's existing SIP already contains. In the case of the 1997
annual and 2006 24-hour PM2.5 NAAQS, states typically have
met the basic program elements required in section 110(a)(2) through
earlier SIP submissions in connection with previous PM NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this final rulemaking are listed below \1\ and in EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards'' and September
25, 2009, memorandum entitled ``Guidance on SIP Elements Required Under
Section 110(a)(1) and (2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality Standards.''
---------------------------------------------------------------------------
\1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA, and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Today's final rulemaking
does not address infrastructure elements related to section
110(a)(2)(I) or the nonattainment plan requirements of section
110(a)(2)(C).
---------------------------------------------------------------------------
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control
measures.\2\
---------------------------------------------------------------------------
\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------
110(a)(2)(D): Interstate transport.\3\
---------------------------------------------------------------------------
\3\ Today's final rule does not address element 110(a)(2)(D)(i)
(Interstate Transport) for the 1997 and 2006 PM2.5 NAAQS.
---------------------------------------------------------------------------
110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
---------------------------------------------------------------------------
\4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's final rulemaking.
---------------------------------------------------------------------------
110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
II. This Action
Section 110(a) of the CAA requires that each state adopt and submit
a SIP for the implementation, maintenance, and enforcement of each
NAAQS promulgated by the EPA, which is commonly referred to as an
``infrastructure'' SIP. The Commonwealth certified that the Kentucky
SIP contains provisions that ensure the 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in the
Commonwealth.
Today, EPA is taking final action on three actions related to
Kentucky's section 110(a) obligations associated with the 1997 annual
and 2006 24-hour PM2.5 NAAQS. First, EPA has determined
that, as described in its infrastructure submissions, Kentucky's SIP
meets the section 110(a)(2) infrastructure requirements for both the
1997 annual and 2006 24-hour PM2.5 NAAQS with the exception
of elements 110(a)(2)(C) respecting prevention of significant
deterioration (PSD) requirements, 110(a)(2)(D)(i) regarding interstate
transport, and 110(a)(2)(J) respecting PSD requirements. Second, EPA is
approving Kentucky's July 17, 2012, submission requesting approval of
Kentucky Revised Statutes (KRS) Chapters 11A.020, 11A.030, 11A.040,
224.10-020 and 224.10-100 into the SIP to address element
110(a)(2)(E)(ii), related to state board requirements. Third, with
respect to elements 110(a)(2)(C) and 110(a)(2)(J) as they both relate
to PSD requirements, EPA is finalizing a conditional approval for these
elements. On July 3, 2012, the Commonwealth submitted a commitment
letter to EPA requesting conditional approval of outstanding
requirements related to sections 110(a)(2)(C) and 110(a)(2)(J). In this
letter, Kentucky provided a schedule on how the Commonwealth will
address outstanding requirements promulgated in the New Source Review
(NSR) PM2.5 Rule related to the PM2.5 standard
for their PSD program and committing to providing the necessary SIP
revision to address these NSR PM2.5 Rule requirements. This
letter of commitment meets the requirements of section 110(k)(4) of the
CAA. See EPA's August 3, 2012, proposed rulemaking at 77 FR 46352 for
more detail. If the Commonwealth fails to submit these revisions by
October 3, 2013, today's conditional approval will automatically become
a disapproval on that date and EPA will issue a finding of disapproval.
EPA is not required to propose the finding of disapproval. If the
conditional approval is converted to a disapproval, the final
disapproval triggers the Federal Implementation Plan requirement under
section 110(c). However, if the State meets its commitment within the
applicable timeframe, the conditionally approved submission will remain
a part of the SIP until EPA takes final action approving or
disapproving the new submittal.
Kentucky's infrastructure submissions, provided to EPA on August
26, 2008, and July 17, 2012, and the July 3, 2012, letter of commitment
address all the required infrastructure elements for the 1997 annual
and 2006 24-hour PM2.5 NAAQS with the exception of element
110(a)(D)(i). For those infrastructure elements for which EPA is today
finalize approval, the Agency has determined that the Commonwealth's
August 26, 2008, and July 17, 2012, submissions are consistent with
section 110 of the CAA.
EPA received one off-topic comment on its August 3, 2012, proposed
rulemaking to approve Kentucky's August 26, 2008, and July 17, 2012,
infrastructure submissions as meeting the requirements of sections
110(a)(1) and (2) of the CAA for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
The comment was focused on the promulgation of the particulate
matter NAAQS, and not the current rulemaking action. The Commenter
stated that EPA PM2.5 standard forces expensive mandates on
states and industry and the designation process places a strain on
local resources and discourages economic growth and EPA should withdraw
the PM2.5 standard. Also, the Commenter stated that EPA
should consider public interest prior to entering into consent decrees.
This comment does not appear to be related to the issues presented
in the proposed rulemaking--and instead, related to a wholly separate
topic, promulgation of the PM NAAQS. The Commenter did not provide
comments
[[Page 60309]]
relevant to EPA's August 3, 2012, proposed approval of Kentucky's
infrastructure submissions for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Instead, the Commenter appears to be providing
comment on EPA's promulgation of PM NAAQS. Promulgations of NAAQS
involve public comment opportunities and that would be the time to
raise concerns specific to a particular NAAQS. Additionally, with
regard to Commenter's general statement about consent decrees, although
it is not clear to which specific consent decree commenter is
referring, the CAA does provide for opportunities for public input
regarding certain consent decrees.
EPA does not interpret these comments as relevant to the topic of
EPA's proposed action on August 3, 2012, which is proposed approval, in
part, and conditional approval, in part, of Kentucky's infrastructure
submissions for the existing 1997 annual and 2006 24-hour
PM2.5 NAAQS. Instead, EPA interprets these comments to be
off-topic and outside of the scope of today's final rulemaking.
Kentucky's infrastructure submissions, provided to EPA on August
26, 2008, and July 17, 2012, and the July 3, 2012, letter of commitment
address all the required infrastructure elements for the 1997 annual
and 2006 24-hour PM2.5 NAAQS with the exception of element
110(a)(D)(i). For those infrastructure elements for which EPA is today
finalize approval, the Agency has determined that the Commonwealth's
August 26, 2008, and July 17, 2012, submissions are consistent with
section 110 of the CAA.
III. Final Action
As already described, Kentucky has addressed the elements of the
CAA 110(a)(1) and (2) SIP requirements pursuant to EPA's October 2,
2007, guidance to ensure that 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in the
Commonwealth with the exception of the elements noted above. EPA is
taking final action to approve in part, and conditionally approve in
part, Kentucky's August 26, 2008, and July 17, 2012, submissions for
1997 annual and 2006 24-hour PM2.5 NAAQS because these
submissions are consistent with section 110 of the CAA. These actions
are not approving any specific rule, but rather making a determination
that Kentucky's already approved SIP meets certain CAA requirements.
In addition, EPA is also taking final action to approve KRS
Chapters 11A.020, 11A.030, 11A.040, 224.020 and 224.10-100 in the SIP.
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). 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
Commonwealth law. For that reason, this 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, 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 December 3, 2012. 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, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: September 13, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 52.919 is revised to read as follows:
Sec. 52.919 Identification of plan-conditional approval.
Kentucky submitted a letter to EPA on July 3, 2012, which includes
a commitment to address the State Implementation Plan deficiencies
[[Page 60310]]
regarding requirements of Clean Air Act sections 110(a)(2)(C) and
110(a)(2)(J) as they both relate to Prevention of Significant
Deterioration (PSD) infrastructure requirements for the 1997 annual and
2006 24-hour fine particulate matter (PM2.5) national
ambient air quality standards. EPA is conditionally approving
Kentucky's schedule to address outstanding requirements promulgated in
the New Source Review (NSR) PM2.5 Rule related to the
PM2.5 standard for their PSD program and committing to
providing the necessary SIP revision to address these NSR
PM2.5 Rule requirements. If the Commonwealth fails to submit
these revisions by October 3, 2013, the conditional approval will
automatically become a disapproval on that date and EPA will issue a
finding of disapproval.
0
3. Section 52.920 is amended by:
0
a. In paragraph (c), adding in numerical order a new entry for
``Kentucky Revised Statutes (KRS)'' at the end of the table 1 to read
as follows:
0
b. In paragraph (e), adding two new entries for ``110(a)(1) and (2)
Infrastructure Requirements for the 1997 Fine Particulate Matter
National Ambient Air Quality Standards'' and ``110(a)(1) and (2)
Infrastructure Requirements for the 2006 Fine Particulate Matter
National Ambient Air Quality Standards'' at the end of the table to
read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Kentucky Revised Statutes (KRS)
----------------------------------------------------------------------------------------------------------------
KRS Chapter 11A.020.............. Public servant 7/15/1998 10/3/2012 [Insert
prohibited from citation of
certain conduct- publication].
Exception-
Disclosure of
personal or
private interest.
KRS Chapter 11A.030.............. Considerations in 7/14/1992 10/3/2012 [Insert
determination to citation of
abstain from publication].
action on official
decision-Advisory
opinion.
KRS Chapter 11A.040.............. Acts prohibited for 7/16/2006 10/3/2012 [Insert
public servant or citation of
officer-exception. publication].
KRS Chapter 224.10-020........... Department within 7/15/2010 10/3/2012 [Insert
the cabinet- citation of
Offices and publication].
divisions within
the departments-
Appointments.
KRS Chapter 224.10-100........... Powers and duties 8/30/2007 10/3/2012 [Insert
of cabinet. citation of
publication].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Kentucky........... 8/26/2008 10/3/2012 [Insert With the exception
Requirements for 1997 Fine citation of of section
Particulate Matter National publication]. 110(a)(2)(D)(i),
Ambient Air Quality Standards. With respect to
sections
110(a)(2)(C)
related to PSD
requirements and
110(a)(2)(J)
related to PSD
requirements, EPA
conditionally
approved these
requirements.
110(a)(1) and (2) Infrastructure Kentucky........... 7/17/2012 10/3/2012 [Insert With the exception
Requirements for 2006 Fine citation of of section
Particulate Matter National publication]. 110(a)(2)(D)(i),
Ambient Air Quality Standards. With respect to
sections
110(a)(2)(C)
related to PSD
requirements and
110(a)(2)(J)
related to PSD
requirements, EPA
conditionally
approved these
requirements.
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[[Page 60311]]
[FR Doc. 2012-23988 Filed 10-2-12; 8:45 am]
BILLING CODE 6560-50-P
