Air Plan Approval and Air Quality Designation; KY; Redesignation of the Kentucky Portion of the Louisville 1997 Annual PM2.5, 16943-16946 [2017-06900]
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INDIANA—2008 8-HOUR OZONE NAAQS—Continued
(Primary and secondary)
Designation
Classification
Designated area
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1 This
date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
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[FR Doc. 2017–06886 Filed 4–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2012–0773; FRL–9960–55Region 4]
Air Plan Approval and Air Quality
Designation; KY; Redesignation of the
Kentucky Portion of the Louisville 1997
Annual PM2.5 Nonattainment Area to
Attainment
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
On March 5, 2012, the
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet, Division for Air Quality,
submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the portion of Kentucky
that is within the bi-state Louisville,
KY–IN fine particulate matter (PM2.5)
nonattainment area (hereinafter referred
to as the ‘‘bi-state Louisville Area’’ or
‘‘Area’’) to attainment for the 1997
Annual PM2.5 national ambient air
quality standards (NAAQS) and to
approve a state implementation plan
(SIP) revision containing a maintenance
plan for the Area. EPA is taking final
action to approve the Commonwealth’s
plan for maintaining the 1997 Annual
PM2.5 NAAQS in the Area, including the
motor vehicle emission budgets
(MVEBs) for nitrogen oxide (NOX) and
PM2.5 for the years 2015 and 2025 for
the bi-state Louisville Area, and
incorporate it into the SIP, and to
redesignate the Kentucky portion of the
Area to attainment for the 1997 Annual
PM2.5 NAAQS. Additionally, EPA finds
the 2025 MVEBs for the bi-state
Louisville Area adequate for the
purposes of transportation conformity.
DATES: This rule is effective April 7,
2017.
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SUMMARY:
EPA has established a
docket for this action under Docket
ADDRESSES:
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Identification No. EPA–R04–OAR–
2012–0773. 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
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:
Madolyn Sanchez of the Air Regulatory
Management Section, in the 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.
Madolyn Sanchez may be reached by
phone at (404) 562–9644, or via
electronic mail at sanchez.madolyn@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for the
actions?
On July 18, 1997, EPA promulgated
the first air quality standards for PM2.5.
EPA promulgated an annual standard at
a level of 15.0 micrograms per cubic
meter (mg/m3), based on a 3-year average
of annual mean PM2.5 concentrations. In
the same rulemaking, EPA promulgated
a 24-hour standard of 65 mg/m3, based
on a 3-year average of the 98th
percentile of 24-hour concentrations. On
October 17, 2006 (71 FR 61144), EPA
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retained the annual average NAAQS at
15.0 mg/m3 but revised the 24-hour
NAAQS to 35 mg/m3, based again on the
3-year average of the 98th percentile of
24-hour concentrations.
On January 5, 2005 (70 FR 944), and
supplemented on April 14, 2005 (70 FR
19844), EPA designated the bi-state
Louisville Area as nonattainment for the
Annual 1997 PM2.5 NAAQS. The bi-state
Louisville Area consists of Bullitt and
Jefferson Counties in Kentucky as well
as Clark and Floyd Counties and a
portion of Jefferson County (Madison
Township) in Indiana.1 On November
13, 2009 (74 FR 58688), EPA
promulgated designations for the 24hour PM2.5 standard established in 2006,
designating the bi-state Louisville Area
as attainment for that NAAQS. That
action clarified that the bi-state
Louisville Area was classified
unclassifiable/attainment for the 24hour NAAQS promulgated in 1997. EPA
did not promulgate designations for the
2006 Annual PM2.5 NAAQS since that
NAAQS was essentially identical to the
1997 Annual PM2.5 NAAQS.
On March 5, 2012, Kentucky
submitted a request to EPA for
redesignation of the Kentucky portion of
the bi-state Louisville Area to
attainment for the 1997 Annual PM2.5
NAAQS and a related SIP revision
containing a maintenance plan for the
Area. In a notice of proposed
rulemaking (NPRM) published on
January 11, 2017 (82 FR 3234), EPA
proposed to approve the
Commonwealth’s 1997 Annual PM2.5
NAAQS maintenance plan, including
the 2025 MVEBs for NOx and direct
PM2.5, for the Kentucky portion of the
bi-state Louisville Area and incorporate
the maintenance plan into the SIP, and
to redesignate the Kentucky portion of
the bi-state Louisville Area to
attainment for the 1997 Annual PM2.5
NAAQS. In that notice, EPA also
notified the public of the status of the
1 In a separate submittal, EPA received the
redesignation request and maintenance plan for the
Indiana portion of this Area. On September 9, 2016,
EPA took final action to determine that the entire
bi-state Louisville Area has attained the 1997 PM2.5
standard and to approve Indiana’s redesignation
request and maintenance plan. See 81 FR 62390.
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Agency’s adequacy determination for
the NOx and direct PM2.5 MVEBs for the
Area. No adverse comments were
received on the January 11, 2017,
proposed rulemaking. The details of
Kentucky’s submittal and the rationale
for EPA’s actions are further explained
in the NPRM.
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II. What are the effect of these actions?
Approval of the redesignation request
changes the legal designation of the
counties in the Kentucky portion of the
bi-state Louisville Area, found at 40 CFR
81.318, from nonattainment to
attainment for the 1997 Annual PM2.5
NAAQS. Approval of Kentucky’s
associated SIP revision also incorporates
a plan into the SIP for maintaining the
1997 Annual PM2.5 NAAQS in the
Kentucky portion of the bi-state
Louisville Area as described in the
NPRM. The maintenance plan also
establishes NOx and direct PM2.5
MVEBs for 2025 for the Area and
includes contingency measures to
remedy any future violations of the 1997
Annual PM2.5 NAAQS and procedures
for evaluation of potential violations.
The 2025 NOX and PM2.5 MVEBs are
9,311.76 tons per year (tpy) and 324.04
tpy, respectively, for the Area.
In the Fine Particulate Matter
National Ambient Air Quality
Standards: State Implementation Plan
Requirements final rule (final PM2.5 SIP
requirements rule), EPA revoked the
1997 primary annual PM2.5 NAAQS in
areas that had always been attainment
for that NAAQS, and in areas that had
been designated as nonattainment but
that were redesignated to attainment
before October 24, 2016, the rule’s
effective date. See 81 FR 58010 (August
24, 2016). EPA also finalized a provision
that revokes the 1997 primary annual
PM2.5 NAAQS in areas that are
redesignated to attainment for that
NAAQS after October 24, 2016, effective
on the effective date of the redesignation
of the area to attainment for that
NAAQS. See 40 CFR 50.13(d).
EPA is finalizing the redesignation of
the Kentucky portion of the bi-state
Louisville Area to attainment for the
1997 annual PM2.5 NAAQS and
finalizing the approval of the CAA
section 175A maintenance plan for the
1997 primary annual PM2.5 NAAQS.2
2 CAA section 175A(a) establishes the
maintenance plan requirements that must be
fulfilled by nonattainment areas in order to be
redesignated to attainment. That section only
requires that nonattainment areas for the primary
standard submit a plan addressing maintenance of
the primary NAAQS in order to be redesignated to
attainment; it does not require nonattainment areas
for secondary NAAQS to submit maintenance plans
in order to be redesignated to attainment. See 42
U.S.C. 7505a(a).
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The 1997 primary annual PM2.5 NAAQS
will be revoked in the bi-state Louisville
Area on the effective date of this
redesignation, April 7, 2017. Beginning
on that date, the Area will no longer be
subject to transportation or general
conformity requirements for the 1997
annual PM2.5 NAAQS due to the
revocation of the primary NAAQS. See
81 FR 58125 (August 24, 2016). The
Area is required to implement the CAA
section 175A maintenance plan for the
1997 primary annual PM2.5 NAAQS that
is being approved in today’s action and
the prevention of significant
deterioration program for the 1997
annual PM2.5 NAAQS. The approved
maintenance plan can only be revised if
the revision meets the requirements of
CAA section 110(l) and, if applicable,
CAA section 193. The Area is not
required to submit a second 10-year
maintenance plan for the 1997 primary
annual PM2.5 NAAQS. See 81 FR 58144
(August 24, 2016).
III. Final Actions
EPA is taking two separate, but
related, final actions regarding
Kentucky’s request to redesignate the
Kentucky portion of the bi-state
Louisville Area to attainment for the
1997 PM2.5 NAAQS and associated SIP
revision. First, EPA is approving the
maintenance plan for the bi-state
Louisville Area, including the NOX and
direct PM2.5 MVEBs for 2025, and
incorporating the maintenance plan into
the Kentucky SIP. Second, EPA is
approving Kentucky’s redesignation
request and redesignating the Kentucky
portion of the Area from nonattainment
to attainment for the 1997 Annual PM2.5
NAAQS. As mentioned above, approval
of the redesignation request changes the
official designation of the counties in
the Kentucky portion of the bi-state
Louisville Area for the 1997 Annual
PM2.5 NAAQS from nonattainment to
attainment, as found at 40 CFR part 81.
EPA is also notifying the public that
EPA finds the newly-established NOX
and direct PM2.5 MVEBs for the bi-state
Louisville Area adequate for the
purpose of transportation conformity.
As mentioned above, EPA’s most
recently promulgated PM2.5
implementation rule provides that the
1997 PM2.5 NAAQS will be revoked for
any area that is redesignated for the
NAAQS upon the effective date of the
redesignation. Therefore, the 1997
primary annual PM2.5 NAAQS is
revoked for the Kentucky portion of the
bi-state Louisville Area on the effective
date of this redesignation.
In accordance with 5 U.S.C. 553(d),
EPA finds that there is good cause for
this action to become effective
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immediately upon publication. This is
because a delayed effective date is
unnecessary due to the nature of a
redesignation to attainment, which
relieves the Area from certain CAA
requirements that would otherwise
apply to it. The immediate effective date
for this action is authorized under both
5 U.S.C. 553(d)(1), which provides that
rulemaking action may become effective
less than 30 days after publication if the
rule grants or recognizes an exemption
or relieves a restriction, and section
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 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 rule, however, does not
create any new regulatory requirements
such that affected parties would need
time to prepare before the rule takes
effect. Rather, this rule will serve as a
basis for a subsequent action to relieve
the Area from certain CAA
requirements. For these reasons, EPA
finds good cause under 5 U.S.C. 553(d)
for this action 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 this reason,
these actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
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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 June 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: March 15, 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 ‘‘1997 Annual PM2.5
Maintenance Plan for the Kentucky
portion of the bi-state Louisville Area’’
at the end of the table to read as follows:
■
§ 52.920
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Identification of plan.
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(e) * * *
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EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory
SIP provision
Applicable geographic or
nonattainment area
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1997 Annual PM2.5 Maintenance
Plan for the Kentucky portion of
the bi-state Louisville Area.
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Bullitt and Jefferson Counties ......
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
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State submittal
date/effective date
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EPA approval date
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3/5/2012
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4/7/2017 [Insert citation of publication].
Authority: 42 U.S.C. 7401 et seq.
4. In § 81.318, the table entitled
‘‘Kentucky—1997 Annual PM2.5
NAAQS (Primary and secondary)’’ is
amended under ‘‘Louisville, KY–IN:’’ by
revising the entries for ‘‘Bullitt County’’
■
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Explanations
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and ‘‘Jefferson County’’ to read as
follows:
§ 81.318
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Kentucky.
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KENTUCKY—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
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Louisville, KY–IN:
Bullitt County ...............................................................................................
Jefferson County .........................................................................................
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[FR Doc. 2017–06900 Filed 4–6–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 160920866–7167–02]
RIN 0648–XF333
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Using Pot Gear in the Central
Regulatory Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
AGENCY:
NMFS is opening directed
fishing for Pacific cod by vessels using
pot gear in the Central Regulatory Area
of the Gulf of Alaska (GOA). This action
is necessary to fully use the A season
allowance of the 2017 total allowable
catch apportioned to vessels using pot
gear in the Central Regulatory Area of
the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), April 6, 2017, through
1200 hours, A.l.t., June 10, 2017.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., April 24, 2017.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2016–0127, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160127, click the ‘‘Comment Now!’’ icon,
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SUMMARY:
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4/7/2017
*
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*
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Attainment.
Attainment.
specified.
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
NMFS closed directed fishing for
Pacific cod by vessels using pot gear in
the Central Regulatory Area of the GOA
under § 679.20(d)(1)(iii) on February 23,
2017 (82 FR 11852, February 27, 2017).
NMFS has determined that as of April
3, 2017, approximately 1,260 metric
tons of Pacific cod remain in the A
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Type
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*
a Includes Indian Country located in each county or area, except as otherwise
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
Date 2
Type
Sfmt 4700
season allowance of the 2017 total
allowable catch (TAC) apportioned to
vessels using pot gear in the Central
Regulatory Area of the GOA. Therefore,
in accordance with § 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully
use the 2017 TAC of Pacific cod in the
Central Regulatory Area of the GOA,
NMFS is terminating the previous
closure and is opening directed fishing
for Pacific cod by vessels using pot gear
in the Central Regulatory Area of the
GOA. The Administrator, Alaska
Region, NMFS, (Regional Administrator)
considered the following factors in
reaching this decision: (1) The current
catch of Pacific cod by vessels using pot
gear in the Central Regulatory Area of
the GOA and, (2) the harvest capacity
and stated intent on future harvesting
patterns of vessels in participating in
this fishery.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the opening of directed fishing for
Pacific cod by vessels using pot gear in
the Central Regulatory Area of the GOA.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of April 3,
2017.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
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[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16943-16946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06900]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2012-0773; FRL-9960-55-Region 4]
Air Plan Approval and Air Quality Designation; KY; Redesignation
of the Kentucky Portion of the Louisville 1997 Annual PM2.5
Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 5, 2012, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality,
submitted a request for the Environmental Protection Agency (EPA) to
redesignate the portion of Kentucky that is within the bi-state
Louisville, KY-IN fine particulate matter (PM2.5)
nonattainment area (hereinafter referred to as the ``bi-state
Louisville Area'' or ``Area'') to attainment for the 1997 Annual
PM2.5 national ambient air quality standards (NAAQS) and to
approve a state implementation plan (SIP) revision containing a
maintenance plan for the Area. EPA is taking final action to approve
the Commonwealth's plan for maintaining the 1997 Annual
PM2.5 NAAQS in the Area, including the motor vehicle
emission budgets (MVEBs) for nitrogen oxide (NOX) and
PM2.5 for the years 2015 and 2025 for the bi-state
Louisville Area, and incorporate it into the SIP, and to redesignate
the Kentucky portion of the Area to attainment for the 1997 Annual
PM2.5 NAAQS. Additionally, EPA finds the 2025 MVEBs for the
bi-state Louisville Area adequate for the purposes of transportation
conformity.
DATES: This rule is effective April 7, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0773. 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 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: Madolyn Sanchez of the Air Regulatory
Management Section, in the 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. Madolyn Sanchez may be reached by phone at (404) 562-9644,
or via electronic mail at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for the actions?
On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations. In the same rulemaking,
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006 (71 FR 61144), EPA retained the annual average NAAQS at 15.0
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again
on the 3-year average of the 98th percentile of 24-hour concentrations.
On January 5, 2005 (70 FR 944), and supplemented on April 14, 2005
(70 FR 19844), EPA designated the bi-state Louisville Area as
nonattainment for the Annual 1997 PM2.5 NAAQS. The bi-state
Louisville Area consists of Bullitt and Jefferson Counties in Kentucky
as well as Clark and Floyd Counties and a portion of Jefferson County
(Madison Township) in Indiana.\1\ On November 13, 2009 (74 FR 58688),
EPA promulgated designations for the 24-hour PM2.5 standard
established in 2006, designating the bi-state Louisville Area as
attainment for that NAAQS. That action clarified that the bi-state
Louisville Area was classified unclassifiable/attainment for the 24-
hour NAAQS promulgated in 1997. EPA did not promulgate designations for
the 2006 Annual PM2.5 NAAQS since that NAAQS was essentially
identical to the 1997 Annual PM2.5 NAAQS.
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\1\ In a separate submittal, EPA received the redesignation
request and maintenance plan for the Indiana portion of this Area.
On September 9, 2016, EPA took final action to determine that the
entire bi-state Louisville Area has attained the 1997
PM2.5 standard and to approve Indiana's redesignation
request and maintenance plan. See 81 FR 62390.
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On March 5, 2012, Kentucky submitted a request to EPA for
redesignation of the Kentucky portion of the bi-state Louisville Area
to attainment for the 1997 Annual PM2.5 NAAQS and a related
SIP revision containing a maintenance plan for the Area. In a notice of
proposed rulemaking (NPRM) published on January 11, 2017 (82 FR 3234),
EPA proposed to approve the Commonwealth's 1997 Annual PM2.5
NAAQS maintenance plan, including the 2025 MVEBs for NOx and direct
PM2.5, for the Kentucky portion of the bi-state Louisville
Area and incorporate the maintenance plan into the SIP, and to
redesignate the Kentucky portion of the bi-state Louisville Area to
attainment for the 1997 Annual PM2.5 NAAQS. In that notice,
EPA also notified the public of the status of the
[[Page 16944]]
Agency's adequacy determination for the NOx and direct PM2.5
MVEBs for the Area. No adverse comments were received on the January
11, 2017, proposed rulemaking. The details of Kentucky's submittal and
the rationale for EPA's actions are further explained in the NPRM.
II. What are the effect of these actions?
Approval of the redesignation request changes the legal designation
of the counties in the Kentucky portion of the bi-state Louisville
Area, found at 40 CFR 81.318, from nonattainment to attainment for the
1997 Annual PM2.5 NAAQS. Approval of Kentucky's associated
SIP revision also incorporates a plan into the SIP for maintaining the
1997 Annual PM2.5 NAAQS in the Kentucky portion of the bi-
state Louisville Area as described in the NPRM. The maintenance plan
also establishes NOx and direct PM2.5 MVEBs for 2025 for the
Area and includes contingency measures to remedy any future violations
of the 1997 Annual PM2.5 NAAQS and procedures for evaluation
of potential violations. The 2025 NOX and PM2.5
MVEBs are 9,311.76 tons per year (tpy) and 324.04 tpy, respectively,
for the Area.
In the Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements final rule (final
PM2.5 SIP requirements rule), EPA revoked the 1997 primary
annual PM2.5 NAAQS in areas that had always been attainment
for that NAAQS, and in areas that had been designated as nonattainment
but that were redesignated to attainment before October 24, 2016, the
rule's effective date. See 81 FR 58010 (August 24, 2016). EPA also
finalized a provision that revokes the 1997 primary annual
PM2.5 NAAQS in areas that are redesignated to attainment for
that NAAQS after October 24, 2016, effective on the effective date of
the redesignation of the area to attainment for that NAAQS. See 40 CFR
50.13(d).
EPA is finalizing the redesignation of the Kentucky portion of the
bi-state Louisville Area to attainment for the 1997 annual
PM2.5 NAAQS and finalizing the approval of the CAA section
175A maintenance plan for the 1997 primary annual PM2.5
NAAQS.\2\ The 1997 primary annual PM2.5 NAAQS will be
revoked in the bi-state Louisville Area on the effective date of this
redesignation, April 7, 2017. Beginning on that date, the Area will no
longer be subject to transportation or general conformity requirements
for the 1997 annual PM2.5 NAAQS due to the revocation of the
primary NAAQS. See 81 FR 58125 (August 24, 2016). The Area is required
to implement the CAA section 175A maintenance plan for the 1997 primary
annual PM2.5 NAAQS that is being approved in today's action
and the prevention of significant deterioration program for the 1997
annual PM2.5 NAAQS. The approved maintenance plan can only
be revised if the revision meets the requirements of CAA section 110(l)
and, if applicable, CAA section 193. The Area is not required to submit
a second 10-year maintenance plan for the 1997 primary annual
PM2.5 NAAQS. See 81 FR 58144 (August 24, 2016).
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\2\ CAA section 175A(a) establishes the maintenance plan
requirements that must be fulfilled by nonattainment areas in order
to be redesignated to attainment. That section only requires that
nonattainment areas for the primary standard submit a plan
addressing maintenance of the primary NAAQS in order to be
redesignated to attainment; it does not require nonattainment areas
for secondary NAAQS to submit maintenance plans in order to be
redesignated to attainment. See 42 U.S.C. 7505a(a).
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III. Final Actions
EPA is taking two separate, but related, final actions regarding
Kentucky's request to redesignate the Kentucky portion of the bi-state
Louisville Area to attainment for the 1997 PM2.5 NAAQS and
associated SIP revision. First, EPA is approving the maintenance plan
for the bi-state Louisville Area, including the NOX and
direct PM2.5 MVEBs for 2025, and incorporating the
maintenance plan into the Kentucky SIP. Second, EPA is approving
Kentucky's redesignation request and redesignating the Kentucky portion
of the Area from nonattainment to attainment for the 1997 Annual
PM2.5 NAAQS. As mentioned above, approval of the
redesignation request changes the official designation of the counties
in the Kentucky portion of the bi-state Louisville Area for the 1997
Annual PM2.5 NAAQS from nonattainment to attainment, as
found at 40 CFR part 81. EPA is also notifying the public that EPA
finds the newly-established NOX and direct PM2.5
MVEBs for the bi-state Louisville Area adequate for the purpose of
transportation conformity.
As mentioned above, EPA's most recently promulgated
PM2.5 implementation rule provides that the 1997
PM2.5 NAAQS will be revoked for any area that is
redesignated for the NAAQS upon the effective date of the
redesignation. Therefore, the 1997 primary annual PM2.5
NAAQS is revoked for the Kentucky portion of the bi-state Louisville
Area on the effective date of this redesignation.
In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for this action to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the Area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking action may become
effective less than 30 days after publication if the rule grants or
recognizes an exemption or relieves a restriction, and section
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 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 rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule will serve as a basis
for a subsequent action to relieve the Area from certain CAA
requirements. For these reasons, EPA finds good cause under 5 U.S.C.
553(d) for this action 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 this reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735,
[[Page 16945]]
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 June 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: March 15, 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 ``1997 Annual
PM2.5 Maintenance Plan for the Kentucky portion of the bi-
state Louisville Area'' at the end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non-regulatory SIP geographic or date/effective EPA approval date Explanations
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual PM2.5 Maintenance Bullitt and 3/5/2012 4/7/2017 [Insert ...................
Plan for the Kentucky portion Jefferson citation of
of the bi-state Louisville Area. Counties. publication].
----------------------------------------------------------------------------------------------------------------
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--1997 Annual
PM2.5 NAAQS (Primary and secondary)'' is amended under
``Louisville, KY-IN:'' by revising the entries for ``Bullitt County''
and ``Jefferson County'' to read as follows:
Sec. 81.318 Kentucky.
* * * * *
[[Page 16946]]
Kentucky--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area --------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Louisville, KY-IN:
Bullitt County................... 4/7/2017 Attainment.
Jefferson County................. 4/7/2017 Attainment.
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2017-06900 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P