Air Plan Approval; KY; Updates to Attainment Status Designations, 65088-65091 [2018-27356]
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
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Return Services
1.0
Business Reply Mail (BRM)
1.1
BRM Postage and Fees
1.1.1
Basic BRM
[Revise the first sentence of the
introductory text in 1.1.1 to read as
follows:]
For basic BRM, a permit holder is
required to pay an annual permit fee as
provided under 1.2 and a per piece fee
under 1.1.7 in addition to the applicable
Retail First-Class Mail (stamped letters),
First-Class Package Service—Retail, or
Priority Mail postage for each returned
piece.***
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1.1.3 Basic Qualified BRM (QBRM)
[Revise the first sentence of the
introductory text in 1.1.3 to read as
follows:]
For basic qualified BRM, a permit
holder is required to pay an account
maintenance fee under 1.1.8, and a per
piece fee under 1.1.7 in addition to the
applicable retail letter or card FirstClass Mail (stamped letters) postage for
each returned piece.***
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1.0
Treatment of Mail
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1.5 Treatment for Ancillary Services
by Class of Mail
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2’’ to read as follows:]
(Available via ACS only; for USPS
Marketing Mail (all shapes) and Parcel
Select Lightweight)
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If change-of-address order on file:
[Revise the text under ‘‘If change-ofaddress order on file:’’ for ‘‘Months 1
through 12’’ to read as follows:]
Months 1 through 12: Piece
forwarded; postage due charged to the
mailer at applicable Forwarding Fee
based on the piece shape for USPS
Marketing Mail or Parcel Select
Lightweight; separate notice of new
address provided (electronic ACS fee
charged).
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600 Basic Standards For All Mailing
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Use of Alternative Addressing
3.1
General Information
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1.5.3 USPS Marketing Mail and Parcel
Select Lightweight
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1.5.2 Periodicals
Undeliverable-as-addressed (UAA)
Periodicals publications (including
publications pending Periodicals
authorization) are treated as described
Mailer Endorsement
in Exhibit 1.5.2, with these additional
conditions:
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[Revise the text in items 1.5.2b and
1.5.2c to read as follows:]
b. Publications with an alternative
addressing format under 602.3.0 are
delivered to the address when possible.
Forwarding service is not provided for
such mail.
c. Address correction service is
mandatory for all Periodicals
publications, except when publishers
use authorized alternative addressing
and an IMb with proper STID. An
address correction service fee must be
paid for each notice issued.
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Exhibit 1.5.3 Treatment of
Undeliverable USPS Marketing Mail
and Parcel Select Lightweight
USPS Treatment of UAA pieces
3.1.3 Treatment
[Revise the third sentence of the
introductory text in 3.1.3 to read as
follows:]
***Periodicals publishers are notified
when a mailpiece with an occupant or
exceptional address format is
undeliverable for solely address-related
reasons, (except publishers using an
IMb with proper STID on nonsubscriber or non-requester copies
under 207.7.0.***
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604 Postage Payment Methods and
Refunds
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5.0
Permit Imprint (Indicia)
Brittany M. Johnson,
Attorney, Federal Compliance.
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[FR Doc. 2018–27412 Filed 12–18–18; 8:45 am]
5.4
Picture Permit Imprint Indicia
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Notice 123 (Price List)
[Revise prices as applicable.]
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
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standards in 5.0 are met, permit imprint
indicia may be prepared in picture
permit imprint format subject to these
conditions:
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[Delete 5.4.5f in its entirety and
renumber current 5.4.5g through 5.4.5k
as new 5.4.5f through 5.4.5j.]
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5.4.1 Description
[Revise the third sentence of 5.4.1 to
read as follows:]
***Picture permit imprints may be
used to pay postage and extra service
fees on commercial mailings of FirstClass Mail or USPS Marketing Mail
postcards, letters, or flats.
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5.4.5 Picture Permit Imprint Indicia
Format
As options to the basic format under
5.3.11 and if all other applicable
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BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0308; FRL–9987–98–
Region 4]
Air Plan Approval; KY; Updates to
Attainment Status Designations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Kentucky, through the Kentucky
Division for Air Quality, on December
13, 2016. The changes to the SIP that
EPA is taking final action to approve are
the attainment status designations, as of
October 6, 2016, for geographic areas
within the Commonwealth for several
national ambient air quality standards
(NAAQS). The updates are being made
to conform Kentucky’s attainment status
tables with the federal attainment status
designations made for these areas. EPA
has determined that the December 13,
2016, SIP revision is consistent with the
Clean Air Act (CAA or Act) and EPA’s
regulations.
SUMMARY:
This rule will be effective
January 18, 2019.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0308. 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.
ADDRESSES:
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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:
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I. Background
Sections 108 and 109 of the CAA
require EPA to set NAAQS for criteria
air pollutants: Ozone (O3); particulate
matter (PM); carbon monoxide (CO);
lead (Pb); sulfur dioxide (SO2); and
nitrogen dioxide (NO2); and to
undertake periodic review of these
standards. After EPA sets a new NAAQS
or revises an existing standard, the CAA
requires EPA to determine if areas of the
country meet the new standards and to
designate areas as either nonattainment,
unclassifiable/attainment, or
unclassifiable. Such designations inform
the state’s planning and implementation
of requirements to achieve and maintain
the NAAQS for each area within that
state.
Section 107(d) of the CAA governs the
process for these initial area
designations. Under this process, states
and tribes submit recommendations to
EPA as to whether or not an area is
attaining the NAAQS for criteria air
pollutants. EPA then considers these
recommendations as part of its
obligation to promulgate the area
designations and boundaries for the new
or revised NAAQS. EPA codifies its
designations for areas within each state
in 40 CFR part 81.1 Under section
107(d) of the CAA, a designation for an
area remains in effect until redesignated
by EPA.
In a proposed rulemaking published
on September 21, 2018 (83 FR 47856),
EPA proposed to approve changes to
Kentucky regulation 401 KAR 51:010,
which update, as of October 6, 2016, the
description and attainment or
nonattainment status of geographic
areas within the Commonwealth with
regard to a number of the NAAQS. The
Commonwealth of Kentucky last
amended Regulation 401 KAR 51:010 in
1997 and, since that time, EPA has
promulgated several changes to the
designations of areas within the
Commonwealth. As a result, Kentucky
has amended Regulation 401 KAR
51:010 by updating, as of October 6,
2016, the attainment status designations
in Sections 4 through 8 and Section 10
for CO, Pb, NO2, O3, PM2.5, and total
suspended solids 2 to conform with
EPA’s designations as reflected in 40
CFR 81.318. Regulation 401 KAR 51:010
has also been amended by making
minor textual modifications to the
NECESSITY, FUNCTION, AND
CONFORMITY section and Section 1
(Definitions) and Section 2 (Attainment
1 EPA’s attainment status designations for
Kentucky are found at 40 CFR 81.318.
2 EPA is not taking final action on the portion of
the submittal (Section 9) that modifies the
attainment status designations for SO2.
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65089
Status Designations). The details of
Kentucky’s submission and the rationale
for EPA’s action are explained in the
proposed rulemaking. Comments on the
proposed rulemaking were due on or
before October 22, 2018. EPA did not
receive any relevant comments on the
proposed action. EPA is now taking
final action to approve the abovereferenced revisions.
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 Kentucky regulation 401
KAR 51:010, Attainment Status
Designations, effective October 6, 2016,
which was revised to be consistent with
the current NAAQS.3 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.4
III. Final Action
EPA is taking final action to approve
portions of the Commonwealth of
Kentucky’s SIP revision submitted on
December 13, 2016, because the changes
are consistent with the CAA and EPA
regulations. The submission revises
Kentucky’s attainment status
designations tables for several NAAQS
to conform with the federal attainment
status designations made for geographic
areas within the Commonwealth.
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
3 With the exception of Section 9. Attainment
Status Designations for Sulfur Dioxide (SO2).
4 See 62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
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 February 19, 2019. 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: November 28, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart S—Kentucky
2. In § 52.920, table 1 in paragraph (c)
is amended by revising the entry ‘‘401
KAR 51:010’’ to read as follows:
■
§ 52.920
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TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS
State citation
State
effective
date
Title/subject
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Explanation
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Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
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401 KAR 51:010
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With the exception of Section 9. Attainment
Status Designations for Sulfur Dioxide (SO2).
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FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–27356 Filed 12–18–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0419; FRL–9988–11–
Region 4]
Air Plan Approval; North Carolina
Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of State
Implementation Plan (SIP) revisions
provided by the State of North Carolina
through the North Carolina Division of
Air Quality (NCDAQ) in letters dated
June 5, 2017, and August 22, 2017. The
submissions revise several regulations
concerning nitrogen oxides (NOX),
emission control standards, monitoring,
and reporting requirements. EPA is
taking final action to approve these
provisions of the SIP revisions because
these changes are consistent with the
Clean Air Act (CAA or Act) and federal
regulations.
DATES: This rule will be effective
January 18, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0419. 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.
amozie on DSK3GDR082PROD with RULES
SUMMARY:
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Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–8726. Mr. Wong
can also be reached via electronic mail
at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
NCDAQ submitted SIP revisions
through letters dated June 5, 2017, and
August 22, 2017 to EPA for review and
approval into the North Carolina SIP.1
North Carolina’s SIP revisions include
multiple changes to its air quality rules,
under Subchapter 15A North Carolina
Administrative Code (NCAC) 02D,
specifically at Section .1404,
‘‘Recordkeeping: Reporting:
Monitoring,’’ Section .0542, ‘‘Control of
Particulate Emissions from Cotton
Ginning Operations,’’ Section .0606,
‘‘Sources Covered by Appendix P of 40
CFR part 51,’’ and Section .0608, ‘‘Other
Large Coal or Residual Oil Burners.’’ 2
EPA is not taking action on Section
.0535, ‘‘Excess Emissions Reporting and
Malfunctions’’ which is included in the
changes in the August 22, 2017 SIP
revision. EPA will address changes to
Section .0535 in a separate action.
In a notice of proposed rulemaking
(NPRM) published on November 14,
2018 (83 FR 56773), EPA proposed to
approve the SIP submissions
transmitted under cover letters dated
June 5, 2017, and August 22, 2017. The
specific details of the SIP submissions
and the rationale for EPA’s actions are
discussed in the NPRM. Comments on
the proposed rulemaking were due on or
before December 5, 2018. EPA received
five comments in total—one comment
that is not relevant to the action, two
comments that support the revision and
two adverse comments. The comments
can be found in the docket for this
action. After considering the adverse
comments, EPA is now taking final
action to approve the above-referenced
revision.
II. Response to Comments
Comments: As mentioned above, EPA
received two adverse public comments
on the proposed rule published on
November 14, 2018. The comments are
1 The SIP revisions were received by EPA on June
6, 2017, and September 6, 2017, respectively.
2 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC 02D is referred to as
‘‘Subchapter 2D Air Pollution Control
Requirements.’’
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65091
available for public viewing as a part of
the electronic docket for this
rulemaking. The first Commenter notes
that if the revisions are in line with the
CAA and federal regulations, they
should be approved; however, ‘‘if they
are considered worse, such as they are
raising the emission rates for certain
vendors, this should be addressed and
maybe suggest a stricter standard if it is
feasible.’’ The second Commenter
asserts that ‘‘[i]n the past year, the Clean
Air Act has been revised to be less harsh
for energy plants. With a more relaxed
Clean Air Act, the United States air
quality and overall environmental
health can take a toll. In the past 50
years ago, toxic pollutants like sulfur
dioxide and smog have been reduced.
With this proposed rule, this could
completely reverse the progress the act
has made thus far. These proposed
changes should consider the long-term
effects on the environment.’’
Response: It is unclear how either of
the comments relate to the proposed
rule or how the commenters would like
EPA to change the proposed rule. The
rule changes being approved do not
involve any changes (including
increases) to emission rates, nor do they
implicate any long-term effects on the
environment. Rather, as discussed in the
notice of proposed rulemaking, the
changes to the NOX recordkeeping,
reporting, and monitoring rule involve
minor typographical and clarifying
changes that do not relax the rule, and
the addition of sources subject to
continuous emissions monitoring for
NOX strengthens the SIP. Changes to the
other rules are either minor or clarifying
and do not alter the meaning of the rules
or they are consistent with the
requirements of the CAA and federal
regulations.
III. 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 taking final action to
incorporate by reference North Carolina
regulations under Subchapter 2D Air
Pollution Control Requirements, Section
.1404, ‘‘Recordkeeping: Reporting:
Monitoring,’’ effective January 1, 2009,3
which clarifies the rule by updating
quality assurance, recordkeeping and
reporting requirements and provisions
for heat input calculations and removes
references to repealed rules. EPA is also
taking final action to incorporate by
3 January 1, 2009 is the most recent state effective
date of Subchapter 2D, Section .1404,
‘‘Recordkeeping: Reporting: Monitoring,’’ and it
reflects the exact version of the text of Section .1404
that EPA is proposing to approve into the SIP.
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]]>Agencies
[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Rules and Regulations]
[Pages 65088-65091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27356]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0308; FRL-9987-98-Region 4]
Air Plan Approval; KY; Updates to Attainment Status Designations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 65089]]
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Kentucky, through the
Kentucky Division for Air Quality, on December 13, 2016. The changes to
the SIP that EPA is taking final action to approve are the attainment
status designations, as of October 6, 2016, for geographic areas within
the Commonwealth for several national ambient air quality standards
(NAAQS). The updates are being made to conform Kentucky's attainment
status tables with the federal attainment status designations made for
these areas. EPA has determined that the December 13, 2016, SIP
revision is consistent with the Clean Air Act (CAA or Act) and EPA's
regulations.
DATES: This rule will be effective January 18, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0308. 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 sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA require EPA to set NAAQS for
criteria air pollutants: Ozone (O3); particulate matter
(PM); carbon monoxide (CO); lead (Pb); sulfur dioxide (SO2);
and nitrogen dioxide (NO2); and to undertake periodic review
of these standards. After EPA sets a new NAAQS or revises an existing
standard, the CAA requires EPA to determine if areas of the country
meet the new standards and to designate areas as either nonattainment,
unclassifiable/attainment, or unclassifiable. Such designations inform
the state's planning and implementation of requirements to achieve and
maintain the NAAQS for each area within that state.
Section 107(d) of the CAA governs the process for these initial
area designations. Under this process, states and tribes submit
recommendations to EPA as to whether or not an area is attaining the
NAAQS for criteria air pollutants. EPA then considers these
recommendations as part of its obligation to promulgate the area
designations and boundaries for the new or revised NAAQS. EPA codifies
its designations for areas within each state in 40 CFR part 81.\1\
Under section 107(d) of the CAA, a designation for an area remains in
effect until redesignated by EPA.
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\1\ EPA's attainment status designations for Kentucky are found
at 40 CFR 81.318.
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In a proposed rulemaking published on September 21, 2018 (83 FR
47856), EPA proposed to approve changes to Kentucky regulation 401 KAR
51:010, which update, as of October 6, 2016, the description and
attainment or nonattainment status of geographic areas within the
Commonwealth with regard to a number of the NAAQS. The Commonwealth of
Kentucky last amended Regulation 401 KAR 51:010 in 1997 and, since that
time, EPA has promulgated several changes to the designations of areas
within the Commonwealth. As a result, Kentucky has amended Regulation
401 KAR 51:010 by updating, as of October 6, 2016, the attainment
status designations in Sections 4 through 8 and Section 10 for CO, Pb,
NO2, O3, PM2.5, and total suspended
solids \2\ to conform with EPA's designations as reflected in 40 CFR
81.318. Regulation 401 KAR 51:010 has also been amended by making minor
textual modifications to the NECESSITY, FUNCTION, AND CONFORMITY
section and Section 1 (Definitions) and Section 2 (Attainment Status
Designations). The details of Kentucky's submission and the rationale
for EPA's action are explained in the proposed rulemaking. Comments on
the proposed rulemaking were due on or before October 22, 2018. EPA did
not receive any relevant comments on the proposed action. EPA is now
taking final action to approve the above-referenced revisions.
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\2\ EPA is not taking final action on the portion of the
submittal (Section 9) that modifies the attainment status
designations for SO2.
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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 Kentucky
regulation 401 KAR 51:010, Attainment Status Designations, effective
October 6, 2016, which was revised to be consistent with the current
NAAQS.\3\ 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.\4\
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\3\ With the exception of Section 9. Attainment Status
Designations for Sulfur Dioxide (SO2).
\4\ See 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 revision submitted on December 13, 2016, because the
changes are consistent with the CAA and EPA regulations. The submission
revises Kentucky's attainment status designations tables for several
NAAQS to conform with the federal attainment status designations made
for geographic areas within the Commonwealth.
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
[[Page 65090]]
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 February 19, 2019. 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: November 28, 2018.
Mary S. Walker,
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. In Sec. 52.920, table 1 in paragraph (c) is amended by revising the
entry ``401 KAR 51:010'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Kentucky Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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* * * * * * *
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Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
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* * * * * * *
401 KAR 51:010............. Attainment status 10/06/16 12/19/18, [insert With the exception of
Designations. Federal Register Section 9. Attainment
citation]. Status Designations
for Sulfur Dioxide
(SO2).
* * * * * * *
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[[Page 65091]]
* * * * *
[FR Doc. 2018-27356 Filed 12-18-18; 8:45 am]
BILLING CODE 6560-50-P
