Air Plan Approval; Kentucky; Louisville Miscellaneous Rule Revisions, 41335-41337 [2017-18421]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
significant effect on the human
environment. This rule involves a safety
zone with a duration of six days or until
the search is suspended. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T14–0809 to read as
follows:
■
nlaroche on DSKBBV9HB2PROD with RULES
§ 165.T14–0809 Safety Zone; Pacific
Ocean, North Shore Oahu, HI—Recovery
Operations.
15:11 Aug 30, 2017
Jkt 241001
Dated: August 22, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2017–18451 Filed 8–30–17; 8:45 am]
BILLING CODE 9110–04–P
(a) Location. The safety zone is
located within the COTP Zone (See 33
CFR 3.70–10) and will encompass all
navigable waters extending 3 nautical
miles in all directions from position:
21°34.88′ N.; 158°17.90′ W. This zone
extends from the surface of the water to
the ocean floor.
(b) Enforcement Period. This rule is
effective from 1:00 p.m. (HST) on
August 22, 2017 through 8:00 a.m.
(HST) on September 15, 2017, or until
salvage operations are complete,
whichever is earlier. If the safety zone
is terminated prior to 8:00 a.m. (HST) on
September 15, 2017, the Coast Guard
will provide notice via a broadcast
notice to mariners.
(c) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.20, subpart C,
VerDate Sep<11>2014
apply to the safety zone created by this
temporary final rule.
(1) All persons are required to comply
with the general regulations governing
safety zones found in 33 CFR part 165.
(2) Entry into or remaining in this
zone is prohibited unless expressly
authorized by the COTP or his
designated representative.
(3) Persons desiring to transit the
safety zone identified in paragraph (a) of
this section may contact the COTP at the
Command Center telephone number
(808) 842–2600 and (808) 842–2601, fax
(808) 842–2642 or on VHF channel 16
(156.8 Mhz) to seek permission to
transit the zone. If permission is
granted, all persons and vessels must
comply with the instructions of the
COTP or his designated representative
and proceed at the minimum speed
necessary to maintain a safe course
while in the zone.
(4) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Notice of enforcement. The COTP
will cause notice of the enforcement of
the safety zone described in this section
to be made by verbal broadcasts and
written notice to mariners and the
general public.
(e) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the COTP to assist in
enforcing the safety zone described in
paragraph (a) of this section.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0022; FRL–9967–05–
Region 4]
Air Plan Approval; Kentucky;
Louisville Miscellaneous Rule
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On August 29, 2012, the
Commonwealth of Kentucky, through
the Kentucky Division for Air Quality
(KDAQ), submitted changes to the
Kentucky State Implementation Plan
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
41335
(SIP) on behalf of the Louisville Metro
Air Pollution Control District (District or
Jefferson County). The Environmental
Protection Agency (EPA) is approving
several changes that modify the
District’s air quality regulations as
incorporated into the SIP. The changes
to the regulatory portion of the SIP that
EPA is approving pertain to definitional
changes, administrative amendments,
open burning, standards of performance,
and volatile organic compounds (VOCs).
EPA is approving these changes because
the Commonwealth and Jefferson
County have demonstrated that these
changes are consistent with the Clean
Air Act (CAA or Act).
DATES: This rule is effective October 2,
2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0022. 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., 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 https://
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:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2012, KDAQ submitted
a SIP revision to EPA for approval that
E:\FR\FM\31AUR1.SGM
31AUR1
41336
Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
involves changes to Jefferson County
regulations related to acronym
additions, administrative amendments,
open burning, standards of performance,
and VOCs. EPA is approving the
changes to Jefferson County Regulation
1.03—Abbreviations and Acronyms;
Regulation 1.08—Administrative
Procedures; Regulation 1.11—Control of
Open Burning; Regulation 1.19—
Administrative Hearings; Regulation
6.18—Standards of Performance for
Solvent Metal Cleaning Equipment;
Regulation 6.43—Volatile Organic
Compound Emission Reduction
Requirements; and repeal Regulation
7.18—Standards of Performance for
New Solvent Metal Cleaning Equipment.
This action will update Kentucky’s
acronyms and make changes to other
regulations approved into the SIP. The
changes made to the regulations other
than definitions are administrative in
nature, including updating internal
references. In a proposed rulemaking
published on July 10, 2017 (82 FR
31736), EPA proposed to approve
Kentucky’s August 29, 2012, SIP
revision. The details of Kentucky’s
August 29, 2012, SIP revision and the
rationale for EPA’s action are explained
in the proposed rulemaking. Comments
on the proposed rulemaking were due
on or before August 9, 2017. EPA did
not receive any comments on the
proposed action.
nlaroche on DSKBBV9HB2PROD with RULES
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate
by reference Jefferson County
Regulation 1.03—Abbreviations and
Acronyms, which had a state effective
date of January 16, 2008; Regulation
1.08—Administrative Procedures, in
which version 13 had an effective date
of March 21, 2010; Regulation 1.11—
Control of Open Burning; Regulation, in
which version 10 has an effective date
of January 16, 2008; 1.19—
Administrative Hearings, which has an
effective date of January 16, 2008;
Regulation 6.18—Standards of
Performance for Solvent Metal Cleaning
Equipment, which has an effective date
of May 9, 2003; and Regulations 6.43—
Volatile Organic Compound Emissions
Reduction Requirements, in which
version 5 has an effective date of
February 15, 2006. EPA has made, and
will continue to make, these materials
generally available through https://
www.regulations.gov and/or at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally-enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
INFORMATION CONTACT
III. Final Action
EPA is approving Kentucky’s August
29, 2012, SIP revision, submitted on
behalf of the District, because it is
consistent with the CAA. EPA believes
that all of these changes are consistent
with section 110 of the CAA and meet
the regulatory requirements pertaining
to SIPs, including CAA section 110(l),
since these changes, with the exception
to definition changes, are administrative
in nature and will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00016
Fmt 4700
Sfmt 4700
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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 30, 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
E:\FR\FM\31AUR1.SGM
31AUR1
41337
Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Sulfur Dioxide,
Reporting, Volatile organic compounds
and recordkeeping requirements.
Subpart S—Kentucky
2. Section 52.920(c) is amended under
Table 2 by:
■ a. Revising the entries for ‘‘1.03’’,
‘‘1.08’’, ‘‘1.11’’, ‘‘1.19’’, ‘‘6.18’’ and
‘‘6.43’’; and
■ b. Removing the entry for ‘‘7.18’’.
The revised text reads as follows:
■
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:
■
§ 52.920
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA
approval
date
Title/subject
Federal Register notice
District
effective
date
Explanation
Reg 1—General Provisions
*
1.03 ..................
*
Abbreviations and Acronyms
*
*
1.08 ..................
*
Administrative Procedures ...
*
*
1.11 ..................
*
Control of Open Burning ......
*
*
1.19 ..................
*
Administrative Hearings .......
*
*
*
8/31/17
*
*
[Insert Federal Register citation].
1/16/08
8/31/17
*
*
[Insert Federal Register citation].
3/21/10
8/31/17
*
*
[Insert Federal Register citation].
1/16/08
8/31/17
*
*
[Insert Federal Register citation].
1/16/08
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Reg 6—Standards of Performance for Existing Affected Facilities
*
6.18 ..................
*
Standards of Performance
for Existing Solvent Metal
Cleaning Equipment.
*
*
6.43 ..................
*
Volatile Organic Compound
Reduction Requirements.
*
*
*
*
*
*
*
*
8/31/17
*
*
[Insert Federal Register citation].
2/15/06
*
*
Final rule; notice of
administrative change.
40 CFR Part 52
[GA–2017; FRL–9965–15–Region 4]
Air Plan Approval; Georgia; Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
AGENCY:
Jkt 241001
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, GA 30303; and the
National Archives and Records
Administration. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html. To view the
materials at the Region 4 Office, EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
ADDRESSES:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Georgia state implementation
plan (SIP). The regulations affected by
this update have been previously
submitted by Georgia and approved by
EPA. This update affects the materials
that are available for public inspection
at the National Archives and Records
Administration (NARA) and the EPA
Regional Office.
DATES: This action is effective August
31, 2017.
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
nlaroche on DSKBBV9HB2PROD with RULES
5/9/03
ACTION:
BILLING CODE 6560–50–P
15:11 Aug 30, 2017
*
*
[Insert Federal Register citation].
*
[FR Doc. 2017–18421 Filed 8–30–17; 8:45 am]
VerDate Sep<11>2014
8/31/17
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41335-41337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18421]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0022; FRL-9967-05-Region 4]
Air Plan Approval; Kentucky; Louisville Miscellaneous Rule
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On August 29, 2012, the Commonwealth of Kentucky, through the
Kentucky Division for Air Quality (KDAQ), submitted changes to the
Kentucky State Implementation Plan (SIP) on behalf of the Louisville
Metro Air Pollution Control District (District or Jefferson County).
The Environmental Protection Agency (EPA) is approving several changes
that modify the District's air quality regulations as incorporated into
the SIP. The changes to the regulatory portion of the SIP that EPA is
approving pertain to definitional changes, administrative amendments,
open burning, standards of performance, and volatile organic compounds
(VOCs). EPA is approving these changes because the Commonwealth and
Jefferson County have demonstrated that these changes are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective October 2, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0022. 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.,
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 https://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: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be
reached via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2012, KDAQ submitted a SIP revision to EPA for
approval that
[[Page 41336]]
involves changes to Jefferson County regulations related to acronym
additions, administrative amendments, open burning, standards of
performance, and VOCs. EPA is approving the changes to Jefferson County
Regulation 1.03--Abbreviations and Acronyms; Regulation 1.08--
Administrative Procedures; Regulation 1.11--Control of Open Burning;
Regulation 1.19--Administrative Hearings; Regulation 6.18--Standards of
Performance for Solvent Metal Cleaning Equipment; Regulation 6.43--
Volatile Organic Compound Emission Reduction Requirements; and repeal
Regulation 7.18--Standards of Performance for New Solvent Metal
Cleaning Equipment.
This action will update Kentucky's acronyms and make changes to
other regulations approved into the SIP. The changes made to the
regulations other than definitions are administrative in nature,
including updating internal references. In a proposed rulemaking
published on July 10, 2017 (82 FR 31736), EPA proposed to approve
Kentucky's August 29, 2012, SIP revision. The details of Kentucky's
August 29, 2012, SIP revision and the rationale for EPA's action are
explained in the proposed rulemaking. Comments on the proposed
rulemaking were due on or before August 9, 2017. EPA did not receive
any comments on the proposed action.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate by reference Jefferson County
Regulation 1.03--Abbreviations and Acronyms, which had a state
effective date of January 16, 2008; Regulation 1.08--Administrative
Procedures, in which version 13 had an effective date of March 21,
2010; Regulation 1.11--Control of Open Burning; Regulation, in which
version 10 has an effective date of January 16, 2008; 1.19--
Administrative Hearings, which has an effective date of January 16,
2008; Regulation 6.18--Standards of Performance for Solvent Metal
Cleaning Equipment, which has an effective date of May 9, 2003; and
Regulations 6.43--Volatile Organic Compound Emissions Reduction
Requirements, in which version 5 has an effective date of February 15,
2006. EPA has made, and will continue to make, these materials
generally available through https://www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
Therefore, these materials have been approved by EPA for inclusion
in the SIP, have been incorporated by reference by EPA into that plan,
are fully federally-enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPA's approval, and
will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is approving Kentucky's August 29, 2012, SIP revision,
submitted on behalf of the District, because it is consistent with the
CAA. EPA believes that all of these changes are consistent with section
110 of the CAA and meet the regulatory requirements pertaining to SIPs,
including CAA section 110(l), since these changes, with the exception
to definition changes, are administrative in nature and will not
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 30, 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
[[Page 41337]]
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Sulfur
Dioxide, Reporting, Volatile organic compounds and recordkeeping
requirements.
Dated: August 16, 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(c) is amended under Table 2 by:
0
a. Revising the entries for ``1.03'', ``1.08'', ``1.11'', ``1.19'',
``6.18'' and ``6.43''; and
0
b. Removing the entry for ``7.18''.
The revised text reads as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
EPA approval Federal Register District
Reg Title/subject date notice effective date Explanation
----------------------------------------------------------------------------------------------------------------
Reg 1--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1.03................... Abbreviations and 8/31/17 [Insert Federal 1/16/08
Acronyms. Register
citation].
* * * * * * *
1.08................... Administrative 8/31/17 [Insert Federal 3/21/10
Procedures. Register
citation].
* * * * * * *
1.11................... Control of Open 8/31/17 [Insert Federal 1/16/08
Burning. Register
citation].
* * * * * * *
1.19................... Administrative 8/31/17 [Insert Federal 1/16/08
Hearings. Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Reg 6--Standards of Performance for Existing Affected Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
6.18................... Standards of 8/31/17 [Insert Federal 5/9/03 .................
Performance for Register
Existing Solvent citation].
Metal Cleaning
Equipment.
* * * * * * *
6.43................... Volatile Organic 8/31/17 [Insert Federal 2/15/06 .................
Compound Register
Reduction citation].
Requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-18421 Filed 8-30-17; 8:45 am]
BILLING CODE 6560-50-P
