Air Plan Approval; Kentucky; Revisions to Louisville Definitions and Ambient Air Quality Standards, 87815-87817 [2016-29106]
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
craft, or may be on shore and will
communicate with vessels via VHF–FM
radio or loudhailer. Members of the
Coast Guard Auxiliary or Naval Harbor
Security Patrol may be present to inform
vessel operators of this regulation.
(4) All other relevant regulations,
including but not limited to the Inland
Navigation Rules (33 CFR chapter I,
subchapter E), remain in effect within
the RNA and must be strictly followed
at all times.
(c) Enforcement Period. This section
will be enforced 24 hours a day from
November 14, 2016, through June 30,
2017.
(d) Notifications. Violations of this
section may be reported to the COTP at
(207) 767–0303 or on VHF-Channel 16.
Dated: November 7, 2016.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2016–29260 Filed 12–5–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0521; FRL–9955–90–
Region 4]
Air Plan Approval; Kentucky;
Revisions to Louisville Definitions and
Ambient Air Quality Standards
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of the State
Implementation Plan (SIP) submission
submitted by the Commonwealth of
Kentucky, through the Kentucky
Division for Air Quality (KDAQ), on
behalf of the Louisville Metro Air
Pollution Control District (District), on
March 22, 2011, and May 3, 2012. The
revisions to the regulatory portion of the
SIP that EPA is taking final action to
approve pertain to changes to the
District’s air quality standards for lead
(Pb), particulate matter (both PM2.5 and
PM10), ozone, nitrogen dioxide (NO2),
and sulfur dioxide (SO2) to reflect the
National Ambient Air Quality Standards
(NAAQS), definitional changes, and
regulatory consolidation. EPA has
determined that these portions of the
March 22, 2011, and May 3, 2012, SIP
revisions are consistent with the Clean
Air Act (CAA or Act).
DATES: This rule will be effective
January 5, 2017.
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SUMMARY:
VerDate Sep<11>2014
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EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0521. 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:
Richard Wong, 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. The
telephone number is (404) 562–8726.
Mr. Wong can be reached via electronic
mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
Sections 108 and 109 of the CAA
govern the establishment, review, and
revision, as appropriate, of the NAAQS
to protect public health and welfare.
The CAA requires periodic review of the
air quality criteria—the science upon
which the standards are based—and the
standards themselves. EPA’s regulatory
provisions that govern the NAAQS are
found at 40 CFR 50—National Primary
and Secondary Ambient Air Quality
Standards.
In a proposed rulemaking published
on August 1, 2016, EPA proposed to
approve portions of Kentucky’s
revisions to the Jefferson County air
quality regulations 1 in the Kentucky
1 In 2003, the City of Louisville and Jefferson
County governments merged and the ‘‘Jefferson
County Air Pollution Control District’’ was renamed
the ‘‘Louisville Metro Air Pollution Control
District.’’ However, each of the regulations in the
Jefferson County portion of the Kentucky SIP still
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87815
SIP, submitted by the Commonwealth
on March 22, 2011, and May 3, 2012.
See 81 FR 50428. The March 22, 2011,
submission revises Jefferson County
Regulation 1.02—Definitions and
consolidates Regulations 3.02—
Applicability of Ambient Air Quality
Standards; 3.03—Definitions; 3.04—
Ambient Air Quality Standards; and
3.05—Methods of Measurement into
Regulation 3.01—Ambient Air Quality
Standards (currently entitled Purpose of
Standards and Expression of NonDegradation Intention in the SIP) by
removing Regulations 3.02 through 3.05
and expanding and retitling Regulation
3.01. This submission also seeks to
revise Regulation 1.06—Source SelfMonitoring and Reporting and
Regulation 1.07—Emissions During
Startups, Shutdowns, Malfunctions and
Emergencies. EPA is not taking action
on the proposed changes to Regulation
1.06 at this time. EPA approved the
revision to Regulation 1.07 on June 10,
2014 (79 FR 33101). The May 3, 2012,
submission builds on the revisions to
Regulation 3.01 proposed in the March
22, 2011, submission by updating the
Jefferson County air quality standards
for Pb, PM2.5, PM10, O3, NO2, and SO2
to reflect the NAAQS, reordering the
sections within the regulation, and
making several textual modifications.
The May 3, 2012, submission also seeks
to remove the Ford Motor Company
NOX Reasonably Available Control
Technology (RACT) permit from the SIP
and replace it with a Title V permit;
EPA is not taking action on the
proposed permit substitution at this
time. The details of Kentucky’s
submission and the rationale for EPA’s
action are explained in the proposed
rulemaking. See 81 FR 50428.
Comments on the proposed rulemaking
were due on or before August 31, 2016.
EPA received no adverse 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 Jefferson County
Regulation 1.02—Definitions (except for
the definitions of ‘‘Acute noncancer
effect,’’ ‘‘Cancer,’’ ‘‘Carcinogen,’’ and
‘‘Chronic noncancer effect’’), effective
June 21, 2005, and Regulation 3.01—
Ambient Air Quality Standards,
has the subheading ‘‘Air Pollution Control District
of Jefferson County.’’ Thus, to be consistent with
the terminology used in the SIP, EPA refers
throughout this notice to regulations contained in
Jefferson County portion of the Kentucky SIP as the
‘‘Jefferson County’’ regulations.
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
effective April 20, 2011. Therefore,
these materials have been approved by
EPA for inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally-enforceable
under sections See page 660 of the
submittal PDF in G:\ARMS\RDS Files
through 2015\State
Submittals\Kentucky\Finals\KY 197—
Louisville SSM & misc.) 110 and 113 of
the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.2
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
mstockstill on DSK3G9T082PROD with RULES
III. Final Action
EPA is taking final action to approve
portions of Kentucky’s submissions
submitted by the Commonwealth of
Kentucky through KDAQ on behalf of
the District on March 22, 2011, and May
3, 2012. The submissions revise
Jefferson County Regulation 1.02—
Definitions (except for the definitions of
‘‘Acute noncancer effect,’’ ‘‘Cancer,’’
‘‘Carcinogen,’’ and ‘‘Chronic noncancer
effect’’), consolidate Regulations 3.02—
Applicability of Ambient Air Quality
Standards; 3.03—Definitions; 3.04—
Ambient Air Quality Standards; and
3.05—Methods of Measurement into
Regulation 3.01—Ambient Air Quality
Standards (currently entitled Purpose of
Standards and Expression of NonDegradation Intention in the SIP) by
removing Regulations 3.02 through 3.05
and expanding and retitling Regulation
3.01, and revise Regulation 3.01 by
reordering the sections within the
regulation, making several textual
modifications, and updating the
Jefferson County air quality standards
for Pb, PM2.5, PM10, O3, NO2, and SO2
to reflect the NAAQS.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely proposes to approve state law as
meeting federal requirements and does
2 62
not impose additional requirements
beyond those imposed by state law. For
that reason, these actions:
• Are 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);
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are 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.);
• do 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);
• do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• are 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
• do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, these rules do not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 6, 2017. 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,
Lead, Nitrogen dioxide, Sulfur dioxide,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: November 21, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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:
a. Under Table 2, Reg 1—General
Provisions by revising the entry for
‘‘1.02’’,
■ b. Under Table 2, Reg 3—Ambient Air
Quality Standards revising the entry for
‘‘3.01’’, and
■ c. Under Table 2, Reg 3—Ambient Air
Quality Standards by removing the
entries for ‘‘3.02’’, ‘‘3.03’’, ‘‘3.04’’ and
‘‘3.05’’.
The revisions read as follows:
■
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
FR 27968 (May 22, 1997).
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
EPA approval
date
Reg
Title/subject
*
1.02 ..........................
*
Definitions ...............
*
*
3.01 ..........................
*
Ambient Air Quality
Standards.
*
*
*
*
*
BILLING CODE 6560–50–P
*
*
*
This rule will be effective
January 5, 2017.
[EPA–R04–OAR–2014–0426; FRL–9955–96–
Region 4]
Air Quality Plans; Kentucky;
Infrastructure Requirements for the
2010 Sulfur Dioxide National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of the State
Implementation Plan (SIP) submission,
submitted by the Commonwealth of
Kentucky, Energy and Environment
Cabinet, Department for Environmental
Protection, through the Kentucky
Division for Air Quality (KDAQ), on
April 26, 2013, for inclusion into the
Kentucky SIP. This final action pertains
to the infrastructure requirements of the
Clean Air Act (CAA or Act) for the 2010
1-hour sulfur dioxide (SO2) national
ambient air quality standard (NAAQS).
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 submission.’’ KDAQ
certified that the Kentucky SIP contains
provisions that ensure the 2010 1-hour
SO2 NAAQS is implemented, enforced,
and maintained in Kentucky. EPA has
determined that Kentucky’s
infrastructure SIP submission, provided
to EPA on April 26, 2013, satisfies
SUMMARY:
Jkt 241001
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0426. 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.
ADDRESSES:
40 CFR Part 52
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Notarianni can be reached via electronic
mail at notarianni.michele@epa.gov or
via telephone at (404) 562–9031.
SUPPLEMENTARY INFORMATION:
PO 00000
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*
*
Definitions approved except for ‘‘Acute
noncancer effect,’’ ‘‘Cancer,’’ ‘‘Carcinogen,’’ and ‘‘Chronic noncancer effect’’.
*
*
*
4/20/11
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
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*
6/21/05
certain required infrastructure elements
for the 2010 1-hour SO2 NAAQS.
*
16:27 Dec 05, 2016
*
[Insert citation of
publication].
*
[FR Doc. 2016–29106 Filed 12–5–16; 8:45 am]
VerDate Sep<11>2014
*
[Insert citation of
publication].
Explanation
*
12/6/16
12/6/16
*
*
District
effective
date
Federal Register
notice
I. Background and Overview
On June 2, 2010 (75 FR 35520, June
22, 2010), EPA revised the primary SO2
NAAQS to an hourly standard of 75
parts per billion (ppb) based on a 3-year
average of the annual 99th percentile of
1-hour daily maximum concentrations.
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
meeting the applicable requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2010 1-hour
SO2 NAAQS to EPA no later than June
2, 2013.
EPA is acting upon the SIP
submission from Kentucky that
addresses the infrastructure
requirements of CAA sections 110(a)(1)
and 110(a)(2) for the 2010 1-hour SO2
NAAQS. In a notice of proposed
rulemaking (NPRM) published on April
4, 2016 (81 FR 19098), EPA proposed to
approve Kentucky’s 2010 1-hour SO2
NAAQS infrastructure SIP submission
submitted on April 26, 2013, with the
exception of the minor source program
requirements of section 110(a)(2)(C) and
the interstate transport provisions
pertaining to the contribution to
nonattainment or interference with
maintenance in other states and
visibility protection requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs
1, 2, and 4). The details of Kentucky’s
submission and the rationale for EPA’s
actions are explained in the proposed
rulemaking. Comments on the NPRM
were due on or before May 4, 2016. EPA
received an adverse comment on the
proposed action. Additionally, EPA
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]]>Agencies
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87815-87817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29106]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0521; FRL-9955-90-Region 4]
Air Plan Approval; Kentucky; Revisions to Louisville Definitions
and Ambient Air Quality Standards
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of the State Implementation Plan (SIP)
submission submitted by the Commonwealth of Kentucky, through the
Kentucky Division for Air Quality (KDAQ), on behalf of the Louisville
Metro Air Pollution Control District (District), on March 22, 2011, and
May 3, 2012. The revisions to the regulatory portion of the SIP that
EPA is taking final action to approve pertain to changes to the
District's air quality standards for lead (Pb), particulate matter
(both PM2.5 and PM10), ozone, nitrogen dioxide
(NO2), and sulfur dioxide (SO2) to reflect the
National Ambient Air Quality Standards (NAAQS), definitional changes,
and regulatory consolidation. EPA has determined that these portions of
the March 22, 2011, and May 3, 2012, SIP revisions are consistent with
the Clean Air Act (CAA or Act).
DATES: This rule will be effective January 5, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0521. 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: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be
reached via electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the NAAQS to protect public health and
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards
themselves. EPA's regulatory provisions that govern the NAAQS are found
at 40 CFR 50--National Primary and Secondary Ambient Air Quality
Standards.
In a proposed rulemaking published on August 1, 2016, EPA proposed
to approve portions of Kentucky's revisions to the Jefferson County air
quality regulations \1\ in the Kentucky SIP, submitted by the
Commonwealth on March 22, 2011, and May 3, 2012. See 81 FR 50428. The
March 22, 2011, submission revises Jefferson County Regulation 1.02--
Definitions and consolidates Regulations 3.02--Applicability of Ambient
Air Quality Standards; 3.03--Definitions; 3.04--Ambient Air Quality
Standards; and 3.05--Methods of Measurement into Regulation 3.01--
Ambient Air Quality Standards (currently entitled Purpose of Standards
and Expression of Non-Degradation Intention in the SIP) by removing
Regulations 3.02 through 3.05 and expanding and retitling Regulation
3.01. This submission also seeks to revise Regulation 1.06--Source
Self-Monitoring and Reporting and Regulation 1.07--Emissions During
Startups, Shutdowns, Malfunctions and Emergencies. EPA is not taking
action on the proposed changes to Regulation 1.06 at this time. EPA
approved the revision to Regulation 1.07 on June 10, 2014 (79 FR
33101). The May 3, 2012, submission builds on the revisions to
Regulation 3.01 proposed in the March 22, 2011, submission by updating
the Jefferson County air quality standards for Pb, PM2.5,
PM10, O3, NO2, and SO2 to
reflect the NAAQS, reordering the sections within the regulation, and
making several textual modifications. The May 3, 2012, submission also
seeks to remove the Ford Motor Company NOX Reasonably
Available Control Technology (RACT) permit from the SIP and replace it
with a Title V permit; EPA is not taking action on the proposed permit
substitution at this time. The details of Kentucky's submission and the
rationale for EPA's action are explained in the proposed rulemaking.
See 81 FR 50428. Comments on the proposed rulemaking were due on or
before August 31, 2016. EPA received no adverse comments on the
proposed action.
---------------------------------------------------------------------------
\1\ In 2003, the City of Louisville and Jefferson County
governments merged and the ``Jefferson County Air Pollution Control
District'' was renamed the ``Louisville Metro Air Pollution Control
District.'' However, each of the regulations in the Jefferson County
portion of the Kentucky SIP still has the subheading ``Air Pollution
Control District of Jefferson County.'' Thus, to be consistent with
the terminology used in the SIP, EPA refers throughout this notice
to regulations contained in Jefferson County portion of the Kentucky
SIP as the ``Jefferson County'' regulations.
---------------------------------------------------------------------------
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Jefferson
County Regulation 1.02--Definitions (except for the definitions of
``Acute noncancer effect,'' ``Cancer,'' ``Carcinogen,'' and ``Chronic
noncancer effect''), effective June 21, 2005, and Regulation 3.01--
Ambient Air Quality Standards,
[[Page 87816]]
effective April 20, 2011. Therefore, these materials have been approved
by EPA for inclusion in the SIP, have been incorporated by reference by
EPA into that plan, are fully federally-enforceable under sections See
page 660 of the submittal PDF in G:\ARMS\RDS Files through 2015\State
Submittals\Kentucky\Finals\KY 197--Louisville SSM & misc.) 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\2\ EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 4 office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action to approve portions of Kentucky's
submissions submitted by the Commonwealth of Kentucky through KDAQ on
behalf of the District on March 22, 2011, and May 3, 2012. The
submissions revise Jefferson County Regulation 1.02--Definitions
(except for the definitions of ``Acute noncancer effect,'' ``Cancer,''
``Carcinogen,'' and ``Chronic noncancer effect''), consolidate
Regulations 3.02--Applicability of Ambient Air Quality Standards;
3.03--Definitions; 3.04--Ambient Air Quality Standards; and 3.05--
Methods of Measurement into Regulation 3.01--Ambient Air Quality
Standards (currently entitled Purpose of Standards and Expression of
Non-Degradation Intention in the SIP) by removing Regulations 3.02
through 3.05 and expanding and retitling Regulation 3.01, and revise
Regulation 3.01 by reordering the sections within the regulation,
making several textual modifications, and updating the Jefferson County
air quality standards for Pb, PM2.5, PM10,
O3, NO2, and SO2 to reflect the NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, these
actions merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, these actions:
Are 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);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are 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.);
do 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);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are 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
do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, these rules
do not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 6, 2017. 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, Lead, Nitrogen dioxide, Sulfur
dioxide, Particulate matter, Reporting and recordkeeping requirements.
Dated: November 21, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. Section 52.920(c) is amended:
0
a. Under Table 2, Reg 1--General Provisions by revising the entry for
``1.02'',
0
b. Under Table 2, Reg 3--Ambient Air Quality Standards revising the
entry for ``3.01'', and
0
c. Under Table 2, Reg 3--Ambient Air Quality Standards by removing the
entries for ``3.02'', ``3.03'', ``3.04'' and ``3.05''.
The revisions read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
[[Page 87817]]
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA approval District
Reg Title/subject date Federal Register notice effective date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
1.02................................. Definitions............. 12/6/16 [Insert citation of 6/21/05 Definitions approved except
publication]. for ``Acute noncancer
effect,'' ``Cancer,''
``Carcinogen,'' and
``Chronic noncancer
effect''.
* * * * * * *
3.01................................. Ambient Air Quality 12/6/16 [Insert citation of 4/20/11 .............................
Standards. publication].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-29106 Filed 12-5-16; 8:45 am]
BILLING CODE 6560-50-P
