Air Quality Plans; Kentucky; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 87817-87819 [2016-29115]
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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
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1.02 ..........................
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Definitions ...............
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3.01 ..........................
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Ambient Air Quality
Standards.
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BILLING CODE 6560–50–P
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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:
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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:
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Definitions approved except for ‘‘Acute
noncancer effect,’’ ‘‘Cancer,’’ ‘‘Carcinogen,’’ and ‘‘Chronic noncancer effect’’.
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4/20/11
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
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certain required infrastructure elements
for the 2010 1-hour SO2 NAAQS.
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16:27 Dec 05, 2016
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[Insert citation of
publication].
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[FR Doc. 2016–29106 Filed 12–5–16; 8:45 am]
VerDate Sep<11>2014
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[Insert citation of
publication].
Explanation
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12/6/16
12/6/16
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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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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
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acknowledges an erroneous date cited in
the Technical Support Document (TSD)
to its April 4, 2016, proposal action. For
the Kentucky entry in Table 1 of EPA’s
TSD, ‘‘November 23, 2014 (79 FR
65143)’’ is listed in two places. These
two entries should read: ‘‘November 3,
2014 (79 FR 65143)’’.
II. Response to Comments
EPA received an adverse comment on
the April 4, 2016, NPRM to approve
Kentucky’s 2010 1-hour SO2 NAAQS
infrastructure SIP submission intended
to meet the CAA requirements for the
2010 1-hour SO2 NAAQS. A summary of
the comment and EPA’s response is
provided below. The comment is also
available in the docket for this final
rulemaking action.
Comment: The Commenter stated,
‘‘EPA cannot approve the PSD
[Prevention of Significant Deterioration]
related elements of this Infrastructure
SIP until the Jefferson County local air
authority has incorporated PM2.5 [fine
particulate matter] increments into its
PSD program.’’
Response: EPA does not agree with
the Commenter’s assertion that EPA
cannot approve the PSD elements of
Kentucky’s submittal until the Jefferson
County Air Pollution Control District
incorporates PM2.5 increments into its
PSD program. As discussed in the April
4, 2016, NPRM (see 81 FR 19104),
Kentucky’s SIP-approved PSD
permitting program for major sources
contains required structural PSD
requirements, including PM2.5
increments. See 79 FR 65143, November
3, 2014. Kentucky’s rule does not have
any exclusion, exception or exemption
for individual localities such as
Jefferson County, Kentucky.
Accordingly, the PSD permitting
requirements, including the PM2.5
increments, apply in all areas of the
Commonwealth, including Jefferson
County.
Kentucky has a statutory provision
that addresses local air pollution control
programs at KRS 224.20–130,
Concurrent jurisdiction with local
district—Effect. This section cross
references local programs established
under KRS chapter 77, which is the
statutory authority for the Jefferson
County program. KRS 224.20–130
requires the Energy and Environment
Cabinet to approve local programs;
provides that local programs cannot be
less stringent; provides that, upon
approval, there is concurrent
jurisdiction; and provides that this
(approval of a local program with
concurrent jurisdiction) in no way
diminishes the authority of the cabinet
to administer and enforce chapter 224—
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16:27 Dec 05, 2016
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which is the chapter that comprises
and/or authorizes Kentucky’s SIP
regulations, including its PSD program.
Also, subsection (2) of KRS 224.20–130
allows the cabinet to suspend or revoke
approval, or modify the authority
granted to a local air pollution control
program in Kentucky if the cabinet
determines, after public hearing with
notice, that a local air pollution control
program is not being administered in
accordance with the statutes and
regulations of the cabinet or the district.
Further, subsection (4) states that, ‘‘The
cabinet shall be empowered to enforce
any and all regulations or standards in
any district when concurrent
jurisdiction is granted.’’
Therefore, Kentucky’s PSD program
applies to the entire Commonwealth,
including Jefferson County, and any
deficiencies in the PSD program for
Jefferson County would not impact the
sufficiency of Kentucky’s SIP for the
PSD infrastructure elements.
III. Final Action
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), EPA is
taking final action to approve
Kentucky’s infrastructure submission
submitted on April 26, 2013, for the
2010 1-hour SO2 NAAQS for the above
described infrastructure SIP
requirements. EPA is taking final action
to approve Kentucky’s infrastructure SIP
submission for the 2010 1-hour SO2
NAAQS because the submission is
consistent with section 110 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.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
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• 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications 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).
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
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,
Nitrogen dioxide, Reporting and
recordkeeping requirements and Sulfur
oxides.
Dated: November 21, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
1-hour SO2 National Ambient Air
Quality Standard’’ at the end of the table
to read as follows:
■
§ 52.920
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
87819
Identification of plan.
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(e) * * *
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1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable
geographic or
nonattainment
area
State submittal
date/effective
date
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110(a)(1) and (2) InfrastrucKentucky ...........
ture Requirements for the
2010 1-hour SO2 NAAQS.
[FR Doc. 2016–29115 Filed 12–5–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0368; FRL–9955–91–
Region 3]
Determination of Attainment by the
Attainment Date for the 2008 Ozone
National Ambient Air Quality
Standards; Pennsylvania; PittsburghBeaver Valley
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making a final
determination that the PittsburghBeaver Valley, Pennsylvania marginal
ozone nonattainment area (the
Pittsburgh Area) has attained the 2008
8-hour ozone national ambient air
quality standards (the 2008 ozone
NAAQS) by the July 20, 2016 attainment
date. This determination is based on
complete, certified, and quality assured
ambient air quality monitoring data for
the Pittsburgh Area for the 2013–2015
monitoring period. This determination
does not constitute a redesignation to
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SUMMARY:
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EPA approval
date
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04/26/2013
12/6/2016
Explanations
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With the exception of the minor source program requirements of section 110(a)(2)(C) and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II)
(prongs 1, 2, and 4).
attainment. This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
January 5, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0368. 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,
e.g., confidential business information
(CBI) 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 25, 2016 (81 FR 58435),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
NPR, EPA proposed to determine, in
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accordance with its statutory obligations
under section 181(b)(2)(A) of the CAA
and the provisions of the SIP
Requirements Rule (40 CFR 51.1103),
that the Pittsburgh Area attained the
2008 ozone NAAQS by the applicable
attainment date of July 20, 2016.
II. EPA’s Evaluation
Consistent with the requirements
contained in 40 CFR part 50, EPA
reviewed the ozone ambient air quality
monitoring data for the monitoring
period from 2013 through 2015 for the
Pittsburgh Area, as recorded in the AQS
database. State and local agencies
responsible for ozone air monitoring
networks supplied and quality assured
the data. EPA determined that the
monitoring sites with valid data had
design values equal to or less than 0.075
ppm based on the 2013–2015
monitoring period. Therefore, the
Pittsburgh Area attained the 2008 ozone
NAAQS.
Other specific requirements of this
determination of attainment by the
attainment date and the rationale for
EPA’s action are explained in the NPR
and will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is making a final determination,
in accordance with its statutory
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]]>Agencies
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87817-87819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29115]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[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
AGENCY: Environmental Protection Agency (EPA).
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, 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 certain required infrastructure elements for the
2010 1-hour SO2 NAAQS.
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-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.
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:
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
[[Page 87818]]
acknowledges an erroneous date cited in the Technical Support Document
(TSD) to its April 4, 2016, proposal action. For the Kentucky entry in
Table 1 of EPA's TSD, ``November 23, 2014 (79 FR 65143)'' is listed in
two places. These two entries should read: ``November 3, 2014 (79 FR
65143)''.
II. Response to Comments
EPA received an adverse comment on the April 4, 2016, NPRM to
approve Kentucky's 2010 1-hour SO2 NAAQS infrastructure SIP
submission intended to meet the CAA requirements for the 2010 1-hour
SO2 NAAQS. A summary of the comment and EPA's response is
provided below. The comment is also available in the docket for this
final rulemaking action.
Comment: The Commenter stated, ``EPA cannot approve the PSD
[Prevention of Significant Deterioration] related elements of this
Infrastructure SIP until the Jefferson County local air authority has
incorporated PM2.5 [fine particulate matter] increments into
its PSD program.''
Response: EPA does not agree with the Commenter's assertion that
EPA cannot approve the PSD elements of Kentucky's submittal until the
Jefferson County Air Pollution Control District incorporates
PM2.5 increments into its PSD program. As discussed in the
April 4, 2016, NPRM (see 81 FR 19104), Kentucky's SIP-approved PSD
permitting program for major sources contains required structural PSD
requirements, including PM2.5 increments. See 79 FR 65143,
November 3, 2014. Kentucky's rule does not have any exclusion,
exception or exemption for individual localities such as Jefferson
County, Kentucky. Accordingly, the PSD permitting requirements,
including the PM2.5 increments, apply in all areas of the
Commonwealth, including Jefferson County.
Kentucky has a statutory provision that addresses local air
pollution control programs at KRS 224.20-130, Concurrent jurisdiction
with local district--Effect. This section cross references local
programs established under KRS chapter 77, which is the statutory
authority for the Jefferson County program. KRS 224.20-130 requires the
Energy and Environment Cabinet to approve local programs; provides that
local programs cannot be less stringent; provides that, upon approval,
there is concurrent jurisdiction; and provides that this (approval of a
local program with concurrent jurisdiction) in no way diminishes the
authority of the cabinet to administer and enforce chapter 224--which
is the chapter that comprises and/or authorizes Kentucky's SIP
regulations, including its PSD program. Also, subsection (2) of KRS
224.20-130 allows the cabinet to suspend or revoke approval, or modify
the authority granted to a local air pollution control program in
Kentucky if the cabinet determines, after public hearing with notice,
that a local air pollution control program is not being administered in
accordance with the statutes and regulations of the cabinet or the
district. Further, subsection (4) states that, ``The cabinet shall be
empowered to enforce any and all regulations or standards in any
district when concurrent jurisdiction is granted.''
Therefore, Kentucky's PSD program applies to the entire
Commonwealth, including Jefferson County, and any deficiencies in the
PSD program for Jefferson County would not impact the sufficiency of
Kentucky's SIP for the PSD infrastructure elements.
III. Final Action
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), EPA is taking final
action to approve Kentucky's infrastructure submission submitted on
April 26, 2013, for the 2010 1-hour SO2 NAAQS for the above
described infrastructure SIP requirements. EPA is taking final action
to approve Kentucky's infrastructure SIP submission for the 2010 1-hour
SO2 NAAQS because the submission is consistent with section
110 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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications 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).
[[Page 87819]]
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, Nitrogen dioxide, Reporting and
recordkeeping requirements and Sulfur oxides.
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(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour SO2
National Ambient Air Quality Standard'' at the end of the table to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic submittal EPA approval
provision or nonattainment area date/effective date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Kentucky............... 04/26/2013 12/6/2016 With the exception of
Infrastructure Requirements the minor source
for the 2010 1-hour SO2 NAAQS. program requirements
of section
110(a)(2)(C) and the
interstate transport
requirements of
section
110(a)(2)(D)(i)(I)
and (II) (prongs 1,
2, and 4).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-29115 Filed 12-5-16; 8:45 am]
BILLING CODE 6560-50-P
