Air Plan Approval and Air Quality Designation; KY; Redesignation of the Kentucky Portion of the Louisville Unclassifiable Area, 42034-42036 [2018-17935]
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42034
Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
The SIP does not apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, this action does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 7, 2018.
Chris Hladick,
Regional Administrator, Region 10.
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. In § 52.670, the table in paragraph
(c) is amended by:
■ a. Revising entry 107; and
■ b. Removing entry 582.
The revision reads as follows:
■
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
§ 52.670
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED IDAHO REGULATIONS AND STATUTES
State citation
Title/subject
State effective date
EPA approval date
Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
*
107 .....................
*
*
*
Incorporation by Reference .. 3/28/2018, 3/25/2016, 3/20/
2014, 3/30/2007, 7/1/1997,
5/1/1994.
*
*
*
*
*
*
*
*
[FR Doc. 2018–17825 Filed 8–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R04–OAR–2017–0390; FRL–9982–
70—Region 4]
Air Plan Approval and Air Quality
Designation; KY; Redesignation of the
Kentucky Portion of the Louisville
Unclassifiable Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On May 4, 2018, the
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet, Division for Air Quality
(KDAQ), 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)
unclassifiable area (hereinafter referred
to as the ‘‘bi-state Louisville Area’’ or
‘‘Area’’) to unclassifiable/attainment for
the 2012 primary annual PM2.5 national
ambient air quality standard (NAAQS).
The bi-state Louisville Area consists of
Jefferson County and a portion of Bullitt
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SUMMARY:
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*
8/20/2018 [Insert Federal
Register citation].
*
County in Kentucky, as well as Clark
and Floyd Counties in Indiana. EPA is
approving the State’s request and
redesignating the Area to unclassifiable/
attainment for the 2012 primary annual
PM2.5 NAAQS based upon valid,
quality-assured, and certified ambient
air monitoring data showing that the
PM2.5 monitors in the bi-state Louisville
Area are in compliance with the 2012
primary annual PM2.5 NAAQS.
DATES: This rule will be effective
September 19, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0390. All documents in the docket
are listed on the www.regulations.gov
website. 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,
PO 00000
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*
*
*
Except Section 107.03.f
through 107.03.p.
*
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 by telephone at (404) 562–
9644 or via electronic mail at
sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, EPA revised
the primary annual NAAQS for PM2.5 at
a level of 12 micrograms per cubic meter
(mg/m3), based on a 3-year average of
annual mean PM2.5 concentrations. See
78 FR 3085 (January 15, 2013). EPA
established the standards based on
significant evidence and numerous
health studies demonstrating that
serious health effects are associated
with exposures to particulate matter.
The process for designating areas
following promulgation of a new or
revised NAAQS is contained in section
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Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
daltland on DSKBBV9HB2PROD with RULES
107(d)(1) of the CAA. On December 18,
2014, EPA designated the majority of
areas across the country as
nonattainment, unclassifiable/
attainment, or unclassifiable1 for the
2012 PM2.5 NAAQS based upon air
quality monitoring data from monitors
for calendar years 2011–2013. See 80 FR
2206 (January 15, 2015). EPA’s January
15, 2015, rulemaking notice also
described a process by which EPA
would evaluate any complete, qualityassured, certified air quality monitoring
data from 2014 that a state submitted for
consideration before February 27, 2015.
EPA stated that it would evaluate
whether, with the inclusion of certified
2014 data, the 3-year design value for
2012–2014 suggests that a change in the
initial designation would be appropriate
for an area. If EPA agreed that a change
in the initial designation would be
appropriate, EPA would withdraw the
designation announced in the January
15, 2015, notice for such area before the
effective date and issue another
designation reflecting the inclusion of
2014 data.
In a follow-up designation action
published on April 7, 2015 (80 FR
18535), EPA designated five areas as
unclassifiable/attainment in Georgia,
including two neighboring counties in
the bordering states of Alabama and
South Carolina, that were initially
deferred in EPA’s January 15, 2015,
rulemaking. In the same action, EPA
changed the designations for one area in
Ohio, two areas in Pennsylvania, and
one bi-state area with portions in
Kentucky and Ohio from nonattainment
to unclassifiable/attainment. The bistate Louisville Area was changed from
nonattainment to unclassifiable.
On May 4, 2018, Kentucky submitted
a request for EPA to redesignate the bistate Louisville Area to unclassifiable/
attainment for the 2012 primary annual
PM2.5 NAAQS now that there is
sufficient data to determine that the
Area is in attainment. In a notice of
proposed rulemaking (NPRM) published
on May 30, 2018 (83 FR 24714), EPA
proposed to approve the State’s request
1 For the initial PM area designations in 2014 (for
the 2012 annual PM2.5 NAAQS), EPA used a
designation category of ‘‘unclassifiable/attainment’’
for areas that had monitors showing attainment of
the standard and were not contributing to nearby
violations and for areas that did not have monitors
but for which EPA had reason to believe were likely
attaining the standard and not contributing to
nearby violations. EPA used the category
‘‘unclassifiable’’ for areas in which EPA could not
determine, based upon available information,
whether or not the NAAQS was being met and/or
EPA had not determined the area to be contributing
to nearby violations. EPA reserves the ‘‘attainment’’
category for when EPA redesignates a
nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
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to redesignate the Kentucky portion of
the bi-state Louisville Area to
unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS. The
details of Kentucky’s submittal and the
rationale for EPA’s actions are further
explained in the NPRM. EPA did not
receive any adverse comments on the
proposed action.
II. Final Action
EPA is approving Kentucky’s
redesignation request and redesignating
the Kentucky portion of the bi-state
Louisville Area from unclassifiable to
unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS.
III. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to unclassifiable/attainment is an
action that affects the status of a
geographical area and does not impose
any additional regulatory requirements
on sources beyond those imposed by
state law. A redesignation to
unclassifiable/attainment does not in
and of itself create any new
requirements. Accordingly, this action
merely redesignates an area to
unclassifiable/attainment and does not
impose additional requirements. 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 redesignations 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);
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42035
• 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
• will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
This final redesignation action is not
approved to apply to 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 19, 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 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: August 8, 2018.
Onis ‘‘Trey’’ Glenn, III
Regional Administrator, Region 4.
40 CFR part 81 is amended as follows:
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Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
Authority: 42.U.S.C. 7401 et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
2. In § 81.318, the table entitled
‘‘Kentucky-2012 Annual PM2.5 NAAQS’’
is amended under the heading
‘‘Louisville, KY-IN:’’ by revising the
■
1. The authority citation for part 81
continues to read as follows:
■
entries for ‘‘Bullitt County (part)’’ and
‘‘Jefferson County’’ to read as follows:
§ 81.318
*
Kentucky.
*
*
*
*
KENTUCKY—2012 ANNUAL PM2.5 NAAQS
[Primary]
Designation
Classification
Designated area 1
Date 2
Louisville, KY-IN:
Bullitt County (part) ..............................................
2010 Census tracts: 201.01, 201.02,
201.03, 202.01, 202.02, 203, 204, 205,
206.01, 206.02, 207.01, 207.02, 208,
211.01 and 211.02.
Jefferson County ..................................................
*
*
Type
August 20, 2018 ...............
Unclassifiable/Attainment.
August 20, 2018 ...............
Unclassifiable/Attainment.
*
*
Date 2
*
*
Type
*
1 Includes
2 This
*
areas of Indian country located in each county or area, except as otherwise specified.
date is April 15, 2015, unless otherwise noted.
*
*
*
*
[FR Doc. 2018–17935 Filed 8–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2017–0553; FRL–9982–
19—Region 3]
District of Columbia: Final
Authorization of District Hazardous
Waste Management Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final authorization.
AGENCY:
The EPA is granting the
District of Columbia (the District) final
authorization for revisions to its
hazardous waste management program
under the Resource Conservation and
Recovery Act (RCRA). The Agency
published a proposed rule on June 11,
2018 and provided for public comment.
No comments relevant to the proposed
revisions were received. No further
opportunity for comment will be
provided.
SUMMARY:
This final authorization is
effective on August 20, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R03–RCRA–2017–0553. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some of
the information is not publicly
available, e.g., Confidential Business
daltland on DSKBBV9HB2PROD with RULES
DATES:
VerDate Sep<11>2014
17:41 Aug 17, 2018
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Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically through
www.regulations.gov or in hard copy.
You may view and copy the District’s
application from 9:00 a.m. to 5:00 p.m.,
Monday through Friday at the following
locations: District of Columbia
Department of Energy and Environment,
Environmental Services Administration,
Hazardous Waste Branch, 1200 First
Street NE, 5th Floor, Washington, DC,
Phone number: (202) 654–6031, Attn:
Barbara Williams; and EPA Region III,
Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103–2029, Phone
number: (215) 814–5254.
FOR FURTHER INFORMATION CONTACT: Sara
Kinslow, U.S. EPA Region III, RCRA
Waste Branch, Mailcode 3LC32, 1650
Arch Street, Philadelphia, PA 19103–
2029, phone number: (215) 814–5577,
email: kinslow.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
A. What revisions is EPA authorizing
with this action?
On August 15, 2012, the District
submitted a final complete program
revision application (with subsequent
corrections) seeking authorization of
revisions to its hazardous waste
management program in accordance
with 40 CFR 271.21. EPA now makes a
final decision that the District’s
hazardous waste management program
revisions are equivalent to, consistent
with, and no less stringent than the
Federal program, and therefore satisfy
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all of the requirements necessary to
qualify for final authorization. For a list
of District rules that are being
authorized with this final authorization
please see the proposed rule published
in the June 11, 2018 Federal Register at
83 FR 26917.
B. What is codification and is EPA
codifying the District of Columbia’s
hazardous waste program as
authorized in this authorization?
Codification is the process of placing
a state’s statutes and regulations that
comprise that state’s authorized
hazardous waste program into the Code
of Federal Regulations. EPA does this by
referencing the authorized state rules in
40 CFR part 272. EPA is not codifying
the authorization of the District’s
revisions at this time. However, EPA
reserves the amendment of 40 CFR part
272, subpart J, for codification of this
authorization of the District’s hazardous
waste management program until a later
date.
C. Statutory and Executive Order
Reviews
This final authorization revises the
District’s authorized hazardous waste
management program pursuant to
section 3006 of RCRA and imposes no
requirements other than those currently
imposed by District law. For further
information on how this authorization
complies with applicable executive
orders and statutory provisions, please
see the proposed rule published in the
June 11, 2018 Federal Register at 83 FR
26917.
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]]>Agencies
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42034-42036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17935]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R04-OAR-2017-0390; FRL-9982-70--Region 4]
Air Plan Approval and Air Quality Designation; KY; Redesignation
of the Kentucky Portion of the Louisville Unclassifiable Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On May 4, 2018, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality
(KDAQ), 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)
unclassifiable area (hereinafter referred to as the ``bi-state
Louisville Area'' or ``Area'') to unclassifiable/attainment for the
2012 primary annual PM2.5 national ambient air quality
standard (NAAQS). The bi-state Louisville Area consists of Jefferson
County and a portion of Bullitt County in Kentucky, as well as Clark
and Floyd Counties in Indiana. EPA is approving the State's request and
redesignating the Area to unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS based upon valid, quality-
assured, and certified ambient air monitoring data showing that the
PM2.5 monitors in the bi-state Louisville Area are in
compliance with the 2012 primary annual PM2.5 NAAQS.
DATES: This rule will be effective September 19, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0390. All documents in the docket
are listed on the www.regulations.gov website. 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, 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 by telephone at (404) 562-9644
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, EPA revised the primary annual NAAQS for
PM2.5 at a level of 12 micrograms per cubic meter ([micro]g/
m\3\), based on a 3-year average of annual mean PM2.5
concentrations. See 78 FR 3085 (January 15, 2013). EPA established the
standards based on significant evidence and numerous health studies
demonstrating that serious health effects are associated with exposures
to particulate matter.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in section
[[Page 42035]]
107(d)(1) of the CAA. On December 18, 2014, EPA designated the majority
of areas across the country as nonattainment, unclassifiable/
attainment, or unclassifiable\1\ for the 2012 PM2.5 NAAQS
based upon air quality monitoring data from monitors for calendar years
2011-2013. See 80 FR 2206 (January 15, 2015). EPA's January 15, 2015,
rulemaking notice also described a process by which EPA would evaluate
any complete, quality-assured, certified air quality monitoring data
from 2014 that a state submitted for consideration before February 27,
2015. EPA stated that it would evaluate whether, with the inclusion of
certified 2014 data, the 3-year design value for 2012-2014 suggests
that a change in the initial designation would be appropriate for an
area. If EPA agreed that a change in the initial designation would be
appropriate, EPA would withdraw the designation announced in the
January 15, 2015, notice for such area before the effective date and
issue another designation reflecting the inclusion of 2014 data.
---------------------------------------------------------------------------
\1\ For the initial PM area designations in 2014 (for the 2012
annual PM2.5 NAAQS), EPA used a designation category of
``unclassifiable/attainment'' for areas that had monitors showing
attainment of the standard and were not contributing to nearby
violations and for areas that did not have monitors but for which
EPA had reason to believe were likely attaining the standard and not
contributing to nearby violations. EPA used the category
``unclassifiable'' for areas in which EPA could not determine, based
upon available information, whether or not the NAAQS was being met
and/or EPA had not determined the area to be contributing to nearby
violations. EPA reserves the ``attainment'' category for when EPA
redesignates a nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
---------------------------------------------------------------------------
In a follow-up designation action published on April 7, 2015 (80 FR
18535), EPA designated five areas as unclassifiable/attainment in
Georgia, including two neighboring counties in the bordering states of
Alabama and South Carolina, that were initially deferred in EPA's
January 15, 2015, rulemaking. In the same action, EPA changed the
designations for one area in Ohio, two areas in Pennsylvania, and one
bi-state area with portions in Kentucky and Ohio from nonattainment to
unclassifiable/attainment. The bi-state Louisville Area was changed
from nonattainment to unclassifiable.
On May 4, 2018, Kentucky submitted a request for EPA to redesignate
the bi-state Louisville Area to unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS now that there is sufficient data
to determine that the Area is in attainment. In a notice of proposed
rulemaking (NPRM) published on May 30, 2018 (83 FR 24714), EPA proposed
to approve the State's request to redesignate the Kentucky portion of
the bi-state Louisville Area to unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS. The details of Kentucky's
submittal and the rationale for EPA's actions are further explained in
the NPRM. EPA did not receive any adverse comments on the proposed
action.
II. Final Action
EPA is approving Kentucky's redesignation request and redesignating
the Kentucky portion of the bi-state Louisville Area from
unclassifiable to unclassifiable/attainment for the 2012 primary annual
PM2.5 NAAQS.
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to unclassifiable/
attainment is an action that affects the status of a geographical area
and does not impose any additional regulatory requirements on sources
beyond those imposed by state law. A redesignation to unclassifiable/
attainment does not in and of itself create any new requirements.
Accordingly, this action merely redesignates an area to unclassifiable/
attainment and does not impose additional requirements. 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 redesignations 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
will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
This final redesignation action is not approved to apply to 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 19, 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 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 8, 2018.
Onis ``Trey'' Glenn, III
Regional Administrator, Region 4.
40 CFR part 81 is amended as follows:
[[Page 42036]]
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
0
2. In Sec. 81.318, the table entitled ``Kentucky-2012 Annual
PM2.5 NAAQS'' is amended under the heading ``Louisville, KY-
IN:'' by revising the entries for ``Bullitt County (part)'' and
``Jefferson County'' to read as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky--2012 Annual PM2.5 NAAQS
[Primary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Louisville, KY-IN:
Bullitt County (part)......... August 20, 2018...... Unclassifiable/
Attainment..
2010 Census tracts:
201.01, 201.02, 201.03,
202.01, 202.02, 203, 204,
205, 206.01, 206.02,
207.01, 207.02, 208,
211.01 and 211.02.
Jefferson County.............. August 20, 2018...... Unclassifiable/
Attainment..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.
* * * * *
[FR Doc. 2018-17935 Filed 8-17-18; 8:45 am]
BILLING CODE 6560-50-P
