Air Plan Approval; Kentucky; Infrastructure Requirements for the 2012 PM2.5, 37012-37013 [2017-16488]
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37012
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: August 2, 2017.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–16644 Filed 8–7–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0213; FRL–9965–56–
Region 4]
Air Plan Approval; Kentucky;
Infrastructure Requirements for the
2012 PM2.5 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 on February 8, 2016, by the
Commonwealth of Kentucky, through
the Energy and Environment Cabinet,
Department for Environmental
Protection, through the Kentucky
Division for Air Quality (KDAQ), to
demonstrate that the State meets the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2012
Annual Fine Particulate Matter (PM2.5)
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. KDAQ certified
that the Kentucky SIP contains
provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented,
enforced, and maintained in Kentucky.
EPA has determined that portions of
Kentucky’s SIP satisfy certain
infrastructure elements for the 2012
Annual PM2.5 NAAQS.
DATES: This rule will be effective
September 7, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0213. 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.
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
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16:34 Aug 07, 2017
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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:
Tiereny Bell, 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. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at
(404) 562–9088.
SUPPLEMENTARY INFORMATION:
propose any action. With respect to the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs
1, 2 and 4), EPA will consider these
requirements in relation to Kentucky’s
2012 Annual PM2.5 NAAQS
infrastructure submission in a separate
rulemaking. The details of Kentucky’s
submission and the rationale for EPA’s
actions for this final rule are explained
in the May 10, 2017, proposed
rulemaking. Comments on the proposed
rulemaking were due on or before June
9, 2017. EPA did not receive any
comments, adverse or otherwise.
I. Background and Overview
III. 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
On December 14, 2012 (78 FR 3086,
January 15, 2013), EPA promulgated a
revised primary annual PM2.5 NAAQS.
The standard was strengthened from
15.0 micrograms per cubic meter (mg/
m3) to 12.0 mg/m3. 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 2012 Annual PM2.5
NAAQS to EPA no later than December
14, 2015.
In a proposed rulemaking published
May 10, 2017 (82 FR 21751), EPA
proposed to approve portions of
Kentucky’s February 8, 2016 SIP
submission for the 2012 Annual PM2.5
NAAQS, with the exception of the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs
1, 2, and 4) and the minor source
program requirement of section
110(a)(2)(C), for which EPA did not
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Sfmt 4700
II. Final Action
With the exception of the interstate
transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
and 4) and the minor source program
requirement of section 110(a)(2)(C), EPA
is taking final action to approve
Kentucky’s infrastructure submission
for the 2012 Annual PM2.5 NAAQS. EPA
notes that the Agency is not approving
any specific rule, but rather approving
that Kentucky’s already approved SIP
meets certain CAA requirements. EPA is
taking final action to approve portions
of Kentucky’s infrastructure SIP
submission for the 2012 Annual PM2.5
NAAQS because it is consistent with
section 110 of the CAA.
E:\FR\FM\08AUR1.SGM
08AUR1
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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 October 10, 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
37013
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,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 19, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding a new entry for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2012 Annual Fine PM2.5 NAAQS’’ at the
end of the table to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
Name of non-regulatory SIP
provision
*
110(a)(1) and (2) Infrastructure Requirements for the
2012 Annual Fine PM2.5
NAAQS.
*
State
submittal
date/effective date
*
Kentucky ...............................
*
ACTION:
[FR Doc. 2017–16488 Filed 8–7–17; 8:45 am]
2/8/2016
EPA approval date
*
8/8/2017, [Insert citation of
publication].
Final rule.
BILLING CODE 6560–50–P
The Environmental Protection
Agency (EPA) is approving one aspect
(the remaining portion) of a State
Implementation Plan (SIP) revision
submitted on May 30, 2013 by the State
of Connecticut. This revision addresses
the interstate transport requirements of
the Clean Air Act (CAA), referred to as
the good neighbor provision, with
respect to the 2010 sulfur dioxide (SO2)
national ambient air quality standard
(NAAQS). This action approves
Connecticut’s demonstration that the
State is meeting its obligations regarding
the transport of SO2 emissions into
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
asabaliauskas on DSKBBXCHB2PROD with RULES
40 CFR Part 52
[EPA–R01–OAR–2015–0198; A–1–FRL–
9965–52-Region 1]
Air Plan Approval; Connecticut;
Infrastructure Requirement for the
2010 Sulfur Dioxide National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
AGENCY:
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Explanations
*
*
With the exception of section
110(a)(2)(D)(i)(I) and (II)
(prongs 1, 2 and 4) and
the minor source program
requirement of section
110(a)(2)(C).
other states. This action is being taken
under the Clean Air Act.
DATES: This rule is effective on
September 7, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2015–0198. 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, i.e., 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
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37012-37013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16488]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0213; FRL-9965-56-Region 4]
Air Plan Approval; Kentucky; Infrastructure Requirements for the
2012 PM2.5 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 on February 8, 2016, by the Commonwealth of
Kentucky, through the Energy and Environment Cabinet, Department for
Environmental Protection, through the Kentucky Division for Air Quality
(KDAQ), to demonstrate that the State meets the infrastructure
requirements of the Clean Air Act (CAA or Act) for the 2012 Annual Fine
Particulate Matter (PM2.5) 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. KDAQ certified that the Kentucky SIP contains
provisions that ensure the 2012 Annual PM2.5 NAAQS is
implemented, enforced, and maintained in Kentucky. EPA has determined
that portions of Kentucky's SIP satisfy certain infrastructure elements
for the 2012 Annual PM2.5 NAAQS.
DATES: This rule will be effective September 7, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0213. 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: Tiereny Bell, 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. Bell can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at (404) 562-9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012 (78 FR 3086, January 15, 2013), EPA
promulgated a revised primary annual PM2.5 NAAQS. The
standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/
m\3\) to 12.0 [mu]g/m\3\. 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 2012 Annual
PM2.5 NAAQS to EPA no later than December 14, 2015.
In a proposed rulemaking published May 10, 2017 (82 FR 21751), EPA
proposed to approve portions of Kentucky's February 8, 2016 SIP
submission for the 2012 Annual PM2.5 NAAQS, with the
exception of the interstate transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) and the minor source
program requirement of section 110(a)(2)(C), for which EPA did not
propose any action. With respect to the interstate transport
requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and
4), EPA will consider these requirements in relation to Kentucky's 2012
Annual PM2.5 NAAQS infrastructure submission in a separate
rulemaking. The details of Kentucky's submission and the rationale for
EPA's actions for this final rule are explained in the May 10, 2017,
proposed rulemaking. Comments on the proposed rulemaking were due on or
before June 9, 2017. EPA did not receive any comments, adverse or
otherwise.
II. Final Action
With the exception of the interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) and the minor
source program requirement of section 110(a)(2)(C), EPA is taking final
action to approve Kentucky's infrastructure submission for the 2012
Annual PM2.5 NAAQS. EPA notes that the Agency is not
approving any specific rule, but rather approving that Kentucky's
already approved SIP meets certain CAA requirements. EPA is taking
final action to approve portions of Kentucky's infrastructure SIP
submission for the 2012 Annual PM2.5 NAAQS because it is
consistent with section 110 of the CAA.
III. 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
[[Page 37013]]
in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 October 10, 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, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: July 19, 2017.
V. Anne Heard,
Acting 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 for ``110(a)(1)
and (2) Infrastructure Requirements for the 2012 Annual Fine
PM2.5 NAAQS'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Kentucky........... 2/8/2016 8/8/2017, [Insert With the exception
Requirements for the 2012 citation of of section
Annual Fine PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I
) and (II)
(prongs 1, 2 and
4) and the minor
source program
requirement of
section
110(a)(2)(C).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-16488 Filed 8-7-17; 8:45 am]
BILLING CODE 6560-50-P