Air Plan Approval; KY; Fine Particulate Matter and Ozone NAAQS Revisions, 21907-21909 [2018-09991]
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Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
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grant health care providers additional
authorities that go beyond what is
required or authorized by Federal law
and regulations or as defined in the laws
and practice acts of the health care
providers’ State license, registration, or
certification.
(2) Situations where a health care
provider’s VA practice of telehealth may
be inconsistent with a State law or State
license, registration, or certification
requirements related to telehealth
include when:
(i) The beneficiary and the health care
provider are physically located in
different States during the episode of
care;
(ii) The beneficiary is receiving
services in a State other than the health
care provider’s State of licensure,
registration, or certification;
(iii) The health care provider is
delivering services in a State other than
the health care provider’s State of
licensure, registration, or certification;
(iv) The health care provider is
delivering services either on or outside
VA property;
(v) The beneficiary is receiving
services while she or he is located either
on or outside VA property;
(vi) The beneficiary has or has not
previously been assessed, in person, by
the health care provider; or
(vii) Other State requirements would
prevent or impede the practice of health
care providers delivering telehealth to
VA beneficiaries.
(c) Preemption of State law. To
achieve important Federal interests,
including, but not limited to, the ability
to provide the same complete health
care and hospital service to beneficiaries
in all States under 38 U.S.C. 7301, this
section preempts conflicting State laws
relating to the practice of health care
providers when such health care
providers are practicing telehealth
within the scope of their VA
employment. Any State law, rule,
regulation or requirement pursuant to
such law, is without any force or effect
on, and State governments have no legal
authority to enforce them in relation to,
this section or decisions made by VA
under this section.
[FR Doc. 2018–10114 Filed 5–10–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0550; FRL–9977–
93—Region 4]
Air Plan Approval; KY; Fine Particulate
Matter and Ozone NAAQS Revisions
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Kentucky, through the Kentucky
Division for Air Quality, on December
21, 2016, and August 29, 2017, on
behalf of the Louisville Metro Air
Pollution Control District (District). The
changes to the SIP that EPA is taking
final action to approve are the portions
of the submittals that modify the
District’s Ambient Air Quality
Standards regulation, specifically
changes to the District’s air quality
standards for fine particulate matter
(PM2.5) and ozone to reflect the 2012
PM2.5 and 2015 ozone national ambient
air quality standards (NAAQS). EPA has
determined that the December 21, 2016,
and August 29, 2017, SIP revisions are
consistent with the Clean Air Act (CAA
or Act). EPA will act on the other
portions of the December 21, 2016, and
August 29, 2017, submittals in a
separate action.
DATES: This rule will be effective June
11, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0550. All documents in the docket
are listed on the www.regulations.gov
website. 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
SUMMARY:
PO 00000
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21907
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, 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. Sanchez can
be reached via telephone at (404) 562–
9644 or via electronic mail at
sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA
govern the establishment, review, and
revision, as appropriate, of the NAAQS
to protect public health and welfare.
The CAA requires periodic review of the
air quality criteria—the science upon
which the standards are based—and the
standards themselves. EPA’s regulatory
provisions that govern the NAAQS are
found at 40 CFR 50—National Primary
and Secondary Ambient Air Quality
Standards.
In a proposed rulemaking published
on February 8, 2018 (83 FR 5593), EPA
proposed to approve into the Kentucky
SIP the portions of the revisions to the
Jefferson County 1 air quality regulations
addressing Regulation 3.01, Ambient Air
Quality Standards, submitted by the
Commonwealth on December 21, 2016,
and August 29, 2017. Regulation 3.01 is
amended 2 by updating air quality
standards in Section 7 for PM2.5 and
ozone to reflect the most recent NAAQS,
removing the numbering of the
subsections in Section 7, and making
textual modifications to the footnotes.
The details of Kentucky’s submissions
and the rationale for EPA’s action are
explained in the proposed rulemaking.
Comments on the proposed rulemaking
were due on or before March 12, 2018.
1 In 2003, the City of Louisville and Jefferson
County governments merged and the ‘‘Jefferson
County Air Pollution Control District’’ was renamed
the ‘‘Louisville Metro Air Pollution Control
District.’’ However, each of the regulations in the
Jefferson County portion of the Kentucky SIP still
has the subheading ‘‘Air Pollution Control District
of Jefferson County.’’ Thus, to be consistent with
the terminology used in the SIP, EPA refers
throughout this notice to regulations contained in
the Jefferson County portion of the Kentucky SIP as
the ‘‘Jefferson County’’ regulations.
2 The District refers to the revised version of
Regulation 3.01 in its December 21, 2016, submittal
as ‘‘Version 6’’ and the revised version of
Regulation 3.01 in its August 29, 2017, submittal as
‘‘Version 7.’’ Upon EPA’s final approval of changes
to Regulation 3.01, the text of the regulation in the
SIP will reflect Version 7.
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EPA did not receive any relevant
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 incorporation
by reference of Jefferson County
Regulation 3.01, Ambient Air Quality
Standards, effective September 21,
2016, and February 15, 2017, which was
revised to be consistent with the current
NAAQS. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and 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 in the next
update to the SIP compilation.3
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III. Final Action
EPA is taking final action to approve
portions of the Commonwealth of
Kentucky’s SIP revisions submitted on
December 21, 2016, and August 29,
2017, because these revisions are
consistent with the CAA. The
submissions revise the District’s air
quality standards for PM2.5 and ozone to
reflect the 2012 PM2.5 and 2015 ozone
NAAQS.
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. 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
3 62
FR 27968 (May 22, 1997).
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Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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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 July 10, 2018. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 30, 2018.
Onis ‘‘Trey’’ Glenn, III
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(c), Table 2 is
amended under Reg 3—Ambient Air
Quality Standards by revising the entry
for ‘‘3.01 Ambient Air Quality
Standards’’ to read as follows:
■
§ 52.920
Identification of plan.
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Reg
EPA approval
date
Title/subject
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Federal Register notice
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District
effective
date
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Explanation
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Reg 3—Ambient Air Quality Standards
3.01 ................
Ambient Air Quality Standards.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2018–0170; FRL–9977–90–
OAR]
RIN 2060–AU02
Extension of Deadline for Action on
the Section 126(b) Petition From New
York
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In this action, the
Environmental Protection Agency (EPA)
is determining that 60 days is
insufficient time to complete the
technical and other analyses and public
notice-and-comment process required
for our review of a petition dated March
12, 2018, submitted by the state of New
York pursuant to section 126(b) of the
Clean Air Act (CAA). The petition
requests that the EPA make a finding
that emissions from the collection of
identified sources in nine states
(Illinois, Indiana, Kentucky, Maryland,
Michigan, Ohio, Pennsylvania, Virginia
and West Virginia) significantly
contribute to and interfere with
maintenance of the 2008 and 2015
ozone national ambient air quality
standards (NAAQS) in New York State.
Under section 307(d)(10) of the CAA,
the EPA is authorized to grant a time
extension for responding to a petition if
the EPA determines that the extension
is necessary to afford the public, and the
Agency, adequate opportunity to carry
out the purposes of the section 307(d)
notice-and-comment rulemaking
requirements. By this action, the EPA is
making that determination. The EPA is,
therefore, extending the deadline for
acting on the petition from May 13,
2018, to no later than November 9, 2018.
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SUMMARY:
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This final rule is effective on
May 11, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2018–0170. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., 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 electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Lev Gabrilovich, U.S. Environmental
Protection Agency, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail Code C539–01,
Research Triangle Park, NC 27711,
telephone (919) 541–1496; email at
gabrilovich.lev@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Legal Standard
This is a procedural action to extend
the deadline for the EPA to respond to
a petition from the state of New York
filed pursuant to CAA section 126(b).
The EPA received the petition on March
14, 2018. The petition requests that the
EPA make a finding under section
126(b) of the CAA that emissions from
the collection of identified sources in
nine states (Illinois, Indiana, Kentucky,
Maryland, Michigan, Ohio,
Pennsylvania, Virginia and West
Virginia) significantly contribute to and
interfere with maintenance of the 2008
and 2015 ozone NAAQS in New York in
violation of the provisions of section
110(a)(2)(D)(i) of the CAA, also known
as the ‘‘good neighbor’’ provisions.
Section 126(b) of the CAA authorizes
states to petition the EPA to find that a
major source or group of stationary
sources in upwind states emits or would
emit any air pollutant in violation of the
prohibition of CAA section
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110(a)(2)(D)(i) 1 by contributing
significantly to nonattainment or
interfering with maintenance problems
in downwind states. Section
110(a)(2)(D)(i)(I) of the CAA prohibits
emissions of any air pollutant in
amounts which will contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with respect to any NAAQS.
Under CAA section 126(c), any existing
sources for which the EPA makes the
requested finding must cease operations
within 3 months of the finding, except
that the source may continue to operate
if it complies with emission limitations
and compliance schedules (containing
increments of progress) that the EPA
may provide to bring about compliance
with the applicable requirements as
expeditiously as practical but no later
than 3 years from the date of the
finding.
The CAA section 126(b) petition from
the state of New York requests that the
EPA make a finding that, within each of
the identified nine upwind states,
certain sources within the electric
generating unit (EGU) and non-EGU
sectors collectively emit air pollutants
in violation of CAA section
110(a)(2)(D)(i) with respect to the 2008
8-hour ozone NAAQS, set at 0.075 parts
per million (ppm), and the revised 2015
8-hour ozone NAAQS, set at 0.070
ppm.2
Pursuant to CAA section 126(b), the
EPA must make the finding requested in
the petition or must deny the petition
within 60 days of its receipt and after
holding a public hearing. In addition to
the public hearing provisions in CAA
section 126(b), the EPA’s action under
1 The text of CAA section 126 codified in the
United States Code cross references CAA section
110(a)(2)(D)(ii) instead of CAA section
110(a)(2)(D)(i). The courts have confirmed that this
is a scrivener’s error and the correct cross reference
is to CAA section 110(a)(2)(D)(i). See Appalachian
Power Co. v. EPA, 249 F.3d 1032, 1040–44 (DC Cir.
2001).
2 On October 1, 2015, the EPA strengthened the
ground-level ozone NAAQS, based on extensive
scientific evidence about ozone’s effects on public
health and welfare. See 80 FR 65291 (October 26,
2015).
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[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21907-21909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09991]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0550; FRL-9977-93--Region 4]
Air Plan Approval; KY; Fine Particulate Matter and Ozone NAAQS
Revisions
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Kentucky, through the Kentucky
Division for Air Quality, on December 21, 2016, and August 29, 2017, on
behalf of the Louisville Metro Air Pollution Control District
(District). The changes to the SIP that EPA is taking final action to
approve are the portions of the submittals that modify the District's
Ambient Air Quality Standards regulation, specifically changes to the
District's air quality standards for fine particulate matter
(PM2.5) and ozone to reflect the 2012 PM2.5 and
2015 ozone national ambient air quality standards (NAAQS). EPA has
determined that the December 21, 2016, and August 29, 2017, SIP
revisions are consistent with the Clean Air Act (CAA or Act). EPA will
act on the other portions of the December 21, 2016, and August 29,
2017, submittals in a separate action.
DATES: This rule will be effective June 11, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0550. All documents in the docket
are listed on the www.regulations.gov website. 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: Madolyn Sanchez, 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. Sanchez can be reached via telephone at (404) 562-9644
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the NAAQS to protect public health and
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards
themselves. EPA's regulatory provisions that govern the NAAQS are found
at 40 CFR 50--National Primary and Secondary Ambient Air Quality
Standards.
In a proposed rulemaking published on February 8, 2018 (83 FR
5593), EPA proposed to approve into the Kentucky SIP the portions of
the revisions to the Jefferson County \1\ air quality regulations
addressing Regulation 3.01, Ambient Air Quality Standards, submitted by
the Commonwealth on December 21, 2016, and August 29, 2017. Regulation
3.01 is amended \2\ by updating air quality standards in Section 7 for
PM2.5 and ozone to reflect the most recent NAAQS, removing
the numbering of the subsections in Section 7, and making textual
modifications to the footnotes. The details of Kentucky's submissions
and the rationale for EPA's action are explained in the proposed
rulemaking. Comments on the proposed rulemaking were due on or before
March 12, 2018.
[[Page 21908]]
EPA did not receive any relevant comments on the proposed action.
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\1\ In 2003, the City of Louisville and Jefferson County
governments merged and the ``Jefferson County Air Pollution Control
District'' was renamed the ``Louisville Metro Air Pollution Control
District.'' However, each of the regulations in the Jefferson County
portion of the Kentucky SIP still has the subheading ``Air Pollution
Control District of Jefferson County.'' Thus, to be consistent with
the terminology used in the SIP, EPA refers throughout this notice
to regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
\2\ The District refers to the revised version of Regulation
3.01 in its December 21, 2016, submittal as ``Version 6'' and the
revised version of Regulation 3.01 in its August 29, 2017, submittal
as ``Version 7.'' Upon EPA's final approval of changes to Regulation
3.01, the text of the regulation in the SIP will reflect Version 7.
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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 incorporation by reference of Jefferson
County Regulation 3.01, Ambient Air Quality Standards, effective
September 21, 2016, and February 15, 2017, which was revised to be
consistent with the current NAAQS. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and 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 in the next update to
the SIP compilation.\3\
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\3\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve portions of the Commonwealth
of Kentucky's SIP revisions submitted on December 21, 2016, and August
29, 2017, because these revisions are consistent with the CAA. The
submissions revise the District's air quality standards for
PM2.5 and ozone to reflect the 2012 PM2.5 and
2015 ozone NAAQS.
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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 July 10, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: April 30, 2018.
Onis ``Trey'' Glenn, III
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), Table 2 is amended under Reg 3--Ambient Air
Quality Standards by revising the entry for ``3.01 Ambient Air Quality
Standards'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
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[[Page 21909]]
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EPA approval Federal Register District
Reg Title/subject date notice effective date Explanation
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* * * * * * *
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Reg 3--Ambient Air Quality Standards
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3.01................. Ambient Air 5/11/2018 [Insert citation 02/15/17 .................
Quality Standards. of publication].
* * * * * * *
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* * * * *
[FR Doc. 2018-09991 Filed 5-10-18; 8:45 am]
BILLING CODE 6560-50-P
