Air Plan Approval and Designation of Areas; KY; Redesignation of the Campbell County, 2010 1-Hour SO2, 13227-13230 [2017-04781]

Download as PDF Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations 7557, or a designated representative via VHF–FM radio on channel 16, to request authorization. If authorization is granted by the Captain of the Port Jacksonville or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Jacksonville or a designated representative. (3) The Coast Guard will provide notice of the safety zone through Local Notice to Mariners, Broadcast Notice to Mariners via VHF–FM channel 16, and by on-scene designated representatives. (d) Enforcement period. This rule is will be enforced from 3 p.m. until 5 p.m. daily from March 10 through March 12, 2017. Dated: March 6, 2017. L.C. Parrales, Commander, U.S. Coast Guard, Acting Captain of the Port Jacksonville. [FR Doc. 2017–04818 Filed 3–9–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Part 668 Program Integrity: Gainful Employment Office of Postsecondary Education, Department of Education. ACTION: Announcement of applicable dates. AGENCY: On January 6 and January 19, 2017, the Department announced dates by which institutions subject to the Department’s gainful employment (GE) regulations must comply with certain provisions of the GE regulations. This document announces that the Department allows additional time, until July 1, 2017, for institutions to submit an alternate earnings appeal and to comply with the disclosure requirements in the GE regulations. DATES: The Department is allowing additional time—until July 1, 2017—for institutions to comply with the specified provisions in the GE regulations, as discussed in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: John Kolotos, U.S. Department of Education, 400 Maryland Ave. NW., Room 6W240, Washington, DC 20202. Telephone: (202) 453–7646 or by email at: John.Kolotos@ed.gov. SUPPLEMENTARY INFORMATION: To permit the Department’s further review of the GE regulations and their implementation, the Department is allowing institutions additional time— until July 1, 2017—to— pmangrum on DSK3GDR082PROD with RULES SUMMARY: VerDate Sep<11>2014 14:26 Mar 09, 2017 Jkt 241001 (a) Submit an alternate earnings appeal under 34 CFR 668.406 with respect to a program’s final debt-toearnings rates issued on January 9, 2017; and (b) Provide a disclosure template or a link thereto on a GE program’s Web pages, include the disclosure template or link thereto in a GE program’s promotional materials, and deliver the disclosure template to a GE program’s prospective students, under 34 CFR 668.412. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at this site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature of this site, you can limit your search to documents published by the Department. Dated: March 7, 2017. Betsy DeVos, Secretary of Education. [FR Doc. 2017–04822 Filed 3–9–17; 8:45 am] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R04–OAR–2016–0361; FRL–9959–10– Region 4] Air Plan Approval and Designation of Areas; KY; Redesignation of the Campbell County, 2010 1-Hour SO2 Nonattainment Area to Attainment Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving two separate SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 13227 but related submissions (one of which includes multiple components) provided by the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (KDAQ), in relation to attainment of the 2010 Sulfur Dioxide (SO2) national ambient air quality standards (NAAQS) for the Kentucky portion of the CampbellClermont, Kentucky-Ohio 2010 1-hour SO2 nonattainment area (hereafter referred to as the ‘‘Campbell-Clermont, KY-OH Area’’ or ‘‘Area’’). On March 31, 2015, KDAQ submitted a request for EPA to determine that the CampbellClermont, KY-OH Area attained the 2010 1-hour SO2 NAAQS. Subsequently, on February 22, 2016, KDAQ submitted a request for EPA to redesignate the Campbell County portion of Kentucky that is within the Campbell-Clermont, KY-OH Area to attainment for the 2010 1-hour SO2 NAAQS, and to approve a State Implementation Plan (SIP) revision containing a maintenance plan, base year inventory, and reasonably available control measures (RACM) determination for the Kentucky portion of the Area. EPA is approving the Commonwealth’s RACM determination; the base year emissions inventory for the Kentucky portion of the Area; the Commonwealth’s request for a clean data determination; and the Commonwealth’s plan for maintaining attainment of the 2010 1-hour SO2 NAAQS; and is redesignating the Kentucky portion of the Area to attainment for the 2010 1-hour SO2 NAAQS. DATES: This rule will be effective March 10, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2016–0361. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be 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 E:\FR\FM\10MRR1.SGM 10MRR1 13228 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations 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: Steven Scofield, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Scofield may be reached by phone at (404) 562–9034 or via electronic mail at scofield.steve@ epa.gov. SUPPLEMENTARY INFORMATION: FURTHER INFORMATION CONTACT pmangrum on DSK3GDR082PROD with RULES I. Background for Final Actions On June 2, 2010, EPA revised the primary SO2 NAAQS, establishing a new 1-hour SO2 standard of 75 parts per billion (ppb). See 75 FR 35520 (June 22, 2010). Under EPA’s regulations at 40 CFR part 50, the 2010 1-hour SO2 NAAQS is met at a monitoring site when the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations is less than or equal to 75 ppb (based on the rounding convention in 40 CFR part 50, appendix T). See 40 CFR 50.17. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. A year meets data completeness requirements when all four quarters are complete, and a quarter is complete when at least 75 percent of the sampling days for each quarter have complete data. A sampling day has complete data if 75 percent of the hourly concentration values, including state-flagged data affected by exceptional events which have been approved for exclusion by the Administrator, are reported.1 Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA or Act) requires EPA to designate as nonattainment any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the NAAQS. At the time EPA conducted the initial round of designations for the 2010 1-hour SO2 primary NAAQS, Campbell County contained an SO2 monitor which registered violations of the standard based on the three most recent years of complete, quality assured, and certified ambient air quality data. Using 2009– 2011 ambient air quality data, EPA designated the Area as nonattainment for the 2010 1-hour SO2 NAAQS on August 5, 2013 (78 FR 47191), which became effective on October 4, 2013. 1 40 CFR part 50, appendix T, section 3(b). VerDate Sep<11>2014 14:26 Mar 09, 2017 Jkt 241001 This nonattainment designation established an attainment date five years after the October 4, 2013, effective date for areas designated as nonattainment for the 2010 1-hour SO2 NAAQS. Therefore, the Campbell-Clermont, KYOH Area’s attainment date is October 4, 2018. KDAQ was also required to submit a SIP to EPA that meets the requirements of CAA sections 172(c) and 191–192 within 18 months following the October 4, 2013, effective date of designation (i.e., April 4, 2015). As mentioned above, on March 31, 2015, KDAQ submitted a request for EPA to determine that the CampbellClermont, KY-OH Area has attained the 2010 1-hour SO2 NAAQS per EPA’s ‘‘Clean Data Policy.’’ Subsequently, on February 22, 2016, KDAQ submitted to EPA a request for redesignation of the Campbell-Clermont, KY-OH Area to attainment and a SIP revision containing a maintenance plan, base year inventory, and RACM determination for the Kentucky portion of the Area. In a notice of proposed rulemaking (NPRM) published on December 1, 2016, EPA proposed to take the following five separate but related actions regarding Kentucky’s aforementioned requests and SIP submission: (1) To approve Kentucky’s RACM determination for the Kentucky portion of the Campbell-Clermont, KYOH Area pursuant to CAA section 172(c)(1) and incorporate it into the SIP; (2) to approve the base year emissions inventory for the 2010 1-hour SO2 NAAQS for the Kentucky portion of the Area pursuant to CAA section 172(c)(3) and incorporate it into the SIP; (3) to approve the Commonwealth’s March 31, 2015, request for EPA to determine that the Area attained the 2010 1-hour SO2 NAAQS per EPA’s ‘‘Clean Data Policy;’’ (4) to approve Kentucky’s plan for maintaining the 2010 1-hour SO2 NAAQS (maintenance plan) in the Area and incorporate it into the SIP; and (5) to redesignate the Kentucky portion of the Campbell-Clermont, KY-OH Area to attainment for the 2010 1-hour SO2 NAAQS.2 See 81 FR 86664. No comments were received on the December 1, 2016, proposed rulemaking. The details of Kentucky’s submittal and the rationale for EPA’s actions are further explained in the NPRM. See 81 FR 86664 (December 1, 2016). 2 On November 21, 2016, EPA published its final approval of the redesignation request and maintenance plan for the Ohio portion of the Area. See 81 FR 83158. As part of that final action, EPA determined that the entire Area has attained the 2010 1-hour SO2 NAAQS. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 II. Effects of These Actions Approval of Kentucky’s redesignation request changes the legal designation of the portion of Campbell County that is within the Campbell-Clermont, KY-OH Area, as found at 40 CFR 81.318, from nonattainment to attainment for the 2010 1-hour SO2 NAAQS. Approval of Kentucky’s associated SIP revision also incorporates a plan for maintaining the 2010 1-hour SO2 NAAQS in the Campbell-Clermont, KY-OH Area through 2027 into the SIP as well as the State’s section 172(c)(1) RACM determination. This maintenance plan includes an emissions inventory that satisfies the requirements of section 172(c)(3) and contingency measures to remedy any future violations of the 2010 1-hour SO2 NAAQS. III. Final Actions EPA is taking five separate but related actions regarding Kentucky’s aforementioned requests and SIP submission. First, EPA is approving Kentucky’s RACM determination for the Kentucky portion of the CampbellClermont, KY-OH Area pursuant to CAA section 172(c)(1) and incorporating it into the SIP. Second, EPA is approving the base year emissions inventory for the 2010 1hour SO2 NAAQS for the Kentucky portion of the Area pursuant to CAA section 172(c)(3) and incorporating it into the SIP. Third, EPA is approving the Commonwealth’s March 31, 2015, request for EPA to determine that the Area attained the 2010 1-hour SO2 NAAQS per EPA’s ‘‘Clean Data Policy.’’ Fourth, EPA is approving Kentucky’s plan for maintaining the 2010 1-hour SO2 NAAQS (maintenance plan) in the Area and incorporating it into the SIP. The maintenance plan demonstrates that the Area will continue to maintain the 2010 1-hour SO2 NAAQS through 2027. Fifth, EPA is redesignating the Kentucky portion of the CampbellClermont, KY-OH Area to attainment for the 2010 1-hour SO2 NAAQS. In accordance with 5 U.S.C. 553(d), EPA finds that there is good cause for these actions to become effective immediately upon publication. The immediate effective date for these actions is authorized under 5 U.S.C. 553(d)(3), which allows an effective date less than 30 days after publication as otherwise provided by the agency for good cause found and published with the rule. The immediate effective date for the redesignation action is also authorized under 5 U.S.C. 553(d)(1), which provides that rulemaking actions E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations may become effective less than 30 days after publication if the rule grants or recognizes an exemption or relieves a restriction. The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rulemaking, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rules takes effect, and the redesignation will relieve the Area from certain CAA requirements that would otherwise apply to it. For these reasons, EPA finds good cause under 5 U.S.C. 553(d) for these actions to become effective on the date of publication of this action. IV. Statutory and Executive Order Reviews pmangrum on DSK3GDR082PROD with RULES Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, 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 approve state law as meeting federal requirements and do not impose additional requirements beyond those imposed by state law. For these reasons, these actions: • Are not significant regulatory actions 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.); VerDate Sep<11>2014 16:43 Mar 09, 2017 Jkt 241001 • 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 economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • are not significant regulatory actions 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 • will not have disproportionate human health or environmental effects 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 13229 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 May 9, 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 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Dated: January 20, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR parts 52 and 81 are 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(e) is amended by adding an entry for ‘‘2010 1-hour SO2 Maintenance Plan for the Kentucky Portion of the Campbell-Clermont, KYOH Area’’ at the end of the table to read as follows: ■ § 52.920 * Identification of plan. * * (e) * * * E:\FR\FM\10MRR1.SGM 10MRR1 * * 13230 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS Applicable geographic or nonattainment area State submittal date/effective date * * * 2010 1-hour SO2 Maintenance Campbell County portion of Plan for the Kentucky PorCampbell-Clermont, KY-OH tion of the CampbellNonattainment Area. Clermont, KY-OH Area. * 2/22/2016 Name of non-regulatory SIP provision EPA approval date * * * 3/10/2017 ............................... This includes the 172(c)(1) RACM determination and the 172(c)(3) base-year emissions inventory. Authority: 42 U.S.C. 7401 et seq. PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 4. In § 81.318, the table entitled ‘‘Kentucky-2010 Sulfur Dioxide NAAQS (Primary)’’ is amended under ‘‘Campbell-Clermont Counties, KY-OH:’’ ■ 3. The authority citation for part 81 continues to read as follows: ■ Explanations by revising the entries for ‘‘Campbell County (part)’’ to read as follows: § 81.318 * Kentucky. * * * * KENTUCKY—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Campbell-Clermont Counties, KY-OH: 1 .................................................................................................................. Campbell County (part). That portion of Campbell County which lies south and west of the Ohio River described as follows: Beginning at geographic coordinates 38.9735 North Latitude, 84.3017 West Longitude (NAD 1983) on the edge of the Ohio River running southwesterly to KY Highway 1566; thence continuing running southwesterly along KY Highway 1566 to KY Highway 9 (AA Highway); thence running north westerly along KY Highway 9 (AA Highway) from Hwy 1566 to Interstate 275; thence running northeasterly along Interstate 275 to Highway 2345 (John’s Hill Road), Hwy 2345 to US–27, US–27 to I–275, I–275 to the Ohio River; thence running southeasterly along the Ohio River from Interstate 275 to geographic coordinates 38.9735 North Latitude, 84.3017 West Longitude (NAD 1983). * 1 * * * * * Attainment. * Excludes Indian country located in each area, if any, unless otherwise specified. * * * * [FR Doc. 2017–04781 Filed 3–9–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2015–0842; FRL–9958–15– Region 5] Air Plan Approval; Minnesota; Sulfur Dioxide; Particulate Matter Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a revision to the Minnesota sulfur dioxide (SO2) and particulate matter of less than 10 microns (PM10) State Implementation Plans (SIPs) as submitted on December 11, 2015. The revision will update the Rochester SO2 and Olmsted County PM10 maintenance plans to reflect changes in available controls, operating SUMMARY: pmangrum on DSK3GDR082PROD with RULES * 3/10/2017 Type VerDate Sep<11>2014 16:43 Mar 09, 2017 Jkt 241001 practices, and cleaner fuel options that have resulted in significant reductions of SO2 and PM10 emissions in the maintenance areas. EPA will also approve the removal of existing title I SO2 SIP conditions for six facilities from the SO2 SIP, and the state’s evaluation that such changes ensure continued attainment of the SO2 National Ambient Air Quality Standards (NAAQS). DATES: This direct final rule will be effective May 9, 2017, unless EPA receives adverse comments by April 10, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2015–0842 at https:// www.regulations.gov or via email to blakley.pamela@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Control Strategies E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Rules and Regulations]
[Pages 13227-13230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04781]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2016-0361; FRL-9959-10-Region 4]

Air Plan Approval and Designation of Areas; KY; Redesignation of
the Campbell County, 2010 1-Hour SO2 Nonattainment Area to
Attainment

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two
separate but related submissions (one of which includes multiple
components) provided by the Commonwealth of Kentucky, through the
Kentucky Division of Air Quality (KDAQ), in relation to attainment of
the 2010 Sulfur Dioxide (SO2) national ambient air quality
standards (NAAQS) for the Kentucky portion of the Campbell-Clermont,
Kentucky-Ohio 2010 1-hour SO2 nonattainment area (hereafter
referred to as the ``Campbell-Clermont, KY-OH Area'' or ``Area''). On
March 31, 2015, KDAQ submitted a request for EPA to determine that the
Campbell-Clermont, KY-OH Area attained the 2010 1-hour SO2
NAAQS. Subsequently, on February 22, 2016, KDAQ submitted a request for
EPA to redesignate the Campbell County portion of Kentucky that is
within the Campbell-Clermont, KY-OH Area to attainment for the 2010 1-
hour SO2 NAAQS, and to approve a State Implementation Plan
(SIP) revision containing a maintenance plan, base year inventory, and
reasonably available control measures (RACM) determination for the
Kentucky portion of the Area. EPA is approving the Commonwealth's RACM
determination; the base year emissions inventory for the Kentucky
portion of the Area; the Commonwealth's request for a clean data
determination; and the Commonwealth's plan for maintaining attainment
of the 2010 1-hour SO2 NAAQS; and is redesignating the
Kentucky portion of the Area to attainment for the 2010 1-hour
SO2 NAAQS.

DATES: This rule will be effective March 10, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0361. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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

[[Page 13228]]

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: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
Mr. Scofield may be reached by phone at (404) 562-9034 or via
electronic mail at scofield.steve@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background for Final Actions

On June 2, 2010, EPA revised the primary SO2 NAAQS,
establishing a new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22, 2010). Under EPA's regulations
at 40 CFR part 50, the 2010 1-hour SO2 NAAQS is met at a
monitoring site when the 3-year average of the annual 99th percentile
of 1-hour daily maximum concentrations is less than or equal to 75 ppb
(based on the rounding convention in 40 CFR part 50, appendix T). See
40 CFR 50.17. Ambient air quality monitoring data for the 3-year period
must meet a data completeness requirement. A year meets data
completeness requirements when all four quarters are complete, and a
quarter is complete when at least 75 percent of the sampling days for
each quarter have complete data. A sampling day has complete data if 75
percent of the hourly concentration values, including state-flagged
data affected by exceptional events which have been approved for
exclusion by the Administrator, are reported.\1\
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\1\ 40 CFR part 50, appendix T, section 3(b).
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Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA
or Act) requires EPA to designate as nonattainment any area that does
not meet (or that contributes to ambient air quality in a nearby area
that does not meet) the NAAQS. At the time EPA conducted the initial
round of designations for the 2010 1-hour SO2 primary NAAQS,
Campbell County contained an SO2 monitor which registered
violations of the standard based on the three most recent years of
complete, quality assured, and certified ambient air quality data.
Using 2009-2011 ambient air quality data, EPA designated the Area as
nonattainment for the 2010 1-hour SO2 NAAQS on August 5,
2013 (78 FR 47191), which became effective on October 4, 2013. This
nonattainment designation established an attainment date five years
after the October 4, 2013, effective date for areas designated as
nonattainment for the 2010 1-hour SO2 NAAQS. Therefore, the
Campbell-Clermont, KY-OH Area's attainment date is October 4, 2018.
KDAQ was also required to submit a SIP to EPA that meets the
requirements of CAA sections 172(c) and 191-192 within 18 months
following the October 4, 2013, effective date of designation (i.e.,
April 4, 2015). As mentioned above, on March 31, 2015, KDAQ submitted a
request for EPA to determine that the Campbell-Clermont, KY-OH Area has
attained the 2010 1-hour SO2 NAAQS per EPA's ``Clean Data
Policy.'' Subsequently, on February 22, 2016, KDAQ submitted to EPA a
request for redesignation of the Campbell-Clermont, KY-OH Area to
attainment and a SIP revision containing a maintenance plan, base year
inventory, and RACM determination for the Kentucky portion of the Area.
In a notice of proposed rulemaking (NPRM) published on December 1,
2016, EPA proposed to take the following five separate but related
actions regarding Kentucky's aforementioned requests and SIP
submission: (1) To approve Kentucky's RACM determination for the
Kentucky portion of the Campbell-Clermont, KY-OH Area pursuant to CAA
section 172(c)(1) and incorporate it into the SIP; (2) to approve the
base year emissions inventory for the 2010 1-hour SO2 NAAQS
for the Kentucky portion of the Area pursuant to CAA section 172(c)(3)
and incorporate it into the SIP; (3) to approve the Commonwealth's
March 31, 2015, request for EPA to determine that the Area attained the
2010 1-hour SO2 NAAQS per EPA's ``Clean Data Policy;'' (4)
to approve Kentucky's plan for maintaining the 2010 1-hour
SO2 NAAQS (maintenance plan) in the Area and incorporate it
into the SIP; and (5) to redesignate the Kentucky portion of the
Campbell-Clermont, KY-OH Area to attainment for the 2010 1-hour
SO2 NAAQS.\2\ See 81 FR 86664. No comments were received on
the December 1, 2016, proposed rulemaking. The details of Kentucky's
submittal and the rationale for EPA's actions are further explained in
the NPRM. See 81 FR 86664 (December 1, 2016).
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\2\ On November 21, 2016, EPA published its final approval of
the redesignation request and maintenance plan for the Ohio portion
of the Area. See 81 FR 83158. As part of that final action, EPA
determined that the entire Area has attained the 2010 1-hour
SO2 NAAQS.
---------------------------------------------------------------------------

II. Effects of These Actions

Approval of Kentucky's redesignation request changes the legal
designation of the portion of Campbell County that is within the
Campbell-Clermont, KY-OH Area, as found at 40 CFR 81.318, from
nonattainment to attainment for the 2010 1-hour SO2 NAAQS.
Approval of Kentucky's associated SIP revision also incorporates a plan
for maintaining the 2010 1-hour SO2 NAAQS in the Campbell-
Clermont, KY-OH Area through 2027 into the SIP as well as the State's
section 172(c)(1) RACM determination. This maintenance plan includes an
emissions inventory that satisfies the requirements of section
172(c)(3) and contingency measures to remedy any future violations of
the 2010 1-hour SO2 NAAQS.

III. Final Actions

EPA is taking five separate but related actions regarding
Kentucky's aforementioned requests and SIP submission. First, EPA is
approving Kentucky's RACM determination for the Kentucky portion of the
Campbell-Clermont, KY-OH Area pursuant to CAA section 172(c)(1) and
incorporating it into the SIP.
Second, EPA is approving the base year emissions inventory for the
2010 1-hour SO2 NAAQS for the Kentucky portion of the Area
pursuant to CAA section 172(c)(3) and incorporating it into the SIP.
Third, EPA is approving the Commonwealth's March 31, 2015, request
for EPA to determine that the Area attained the 2010 1-hour
SO2 NAAQS per EPA's ``Clean Data Policy.''
Fourth, EPA is approving Kentucky's plan for maintaining the 2010
1-hour SO2 NAAQS (maintenance plan) in the Area and
incorporating it into the SIP. The maintenance plan demonstrates that
the Area will continue to maintain the 2010 1-hour SO2 NAAQS
through 2027.
Fifth, EPA is redesignating the Kentucky portion of the Campbell-
Clermont, KY-OH Area to attainment for the 2010 1-hour SO2
NAAQS.
In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for these actions to become effective immediately upon
publication. The immediate effective date for these actions is
authorized under 5 U.S.C. 553(d)(3), which allows an effective date
less than 30 days after publication as otherwise provided by the agency
for good cause found and published with the rule. The immediate
effective date for the redesignation action is also authorized under 5
U.S.C. 553(d)(1), which provides that rulemaking actions

[[Page 13229]]

may become effective less than 30 days after publication if the rule
grants or recognizes an exemption or relieves a restriction. The
purpose of the 30-day waiting period prescribed in section 553(d) is to
give affected parties a reasonable time to adjust their behavior and
prepare before the final rule takes effect. This rulemaking, however,
does not create any new regulatory requirements such that affected
parties would need time to prepare before the rules takes effect, and
the redesignation will relieve the Area from certain CAA requirements
that would otherwise apply to it. For these reasons, EPA finds good
cause under 5 U.S.C. 553(d) for these actions to become effective on
the date of publication of this action.

IV. Statutory and Executive Order Reviews

Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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 approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by state law. For these reasons, these actions:
Are not significant regulatory actions 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 economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions 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
will not have disproportionate human health or
environmental effects 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).
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 May 9, 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

40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

Environmental protection, Air pollution control.

Dated: January 20, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

40 CFR parts 52 and 81 are 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 an entry for ``2010 1-hour
SO2 Maintenance Plan for the Kentucky Portion of the
Campbell-Clermont, KY-OH Area'' at the end of the table to read as
follows:

Sec. 52.920 Identification of plan.

* * * * *
(e) * * *

[[Page 13230]]

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
----------------------------------------------------------------------------------------------------------------

* * * * * * *
2010 1-hour SO2 Maintenance Plan Campbell County 2/22/2016 3/10/2017.......... This includes the
for the Kentucky Portion of the portion of 172(c)(1) RACM
Campbell-Clermont, KY-OH Area. Campbell-Clermont, determination and
KY-OH the 172(c)(3) base-
Nonattainment Area. year emissions
inventory.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

0
4. In Sec. 81.318, the table entitled ``Kentucky-2010 Sulfur Dioxide
NAAQS (Primary)'' is amended under ``Campbell-Clermont Counties, KY-
OH:'' by revising the entries for ``Campbell County (part)'' to read as
follows:

Sec. 81.318 Kentucky.

* * * * *

Kentucky--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area ---------------------------------------
Date Type
------------------------------------------------------------------------
Campbell-Clermont Counties, KY- 3/10/2017 Attainment.
OH: \1\.
Campbell County (part).
That portion of Campbell
County which lies south
and west of the Ohio
River described as
follows: Beginning at
geographic coordinates
38.9735 North Latitude,
84.3017 West Longitude
(NAD 1983) on the edge
of the Ohio River
running southwesterly
to KY Highway 1566;
thence continuing
running southwesterly
along KY Highway 1566
to KY Highway 9 (AA
Highway); thence
running north westerly
along KY Highway 9 (AA
Highway) from Hwy 1566
to Interstate 275;
thence running
northeasterly along
Interstate 275 to
Highway 2345 (John's
Hill Road), Hwy 2345 to
US-27, US-27 to I-275,
I-275 to the Ohio
River; thence running
southeasterly along the
Ohio River from
Interstate 275 to
geographic coordinates
38.9735 North Latitude,
84.3017 West Longitude
(NAD 1983).

* * * * * * *
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
otherwise specified.

* * * * *
[FR Doc. 2017-04781 Filed 3-9-17; 8:45 am]
BILLING CODE 6560-50-P

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