Air Plan Approval; KY; Minor Sources Infrastructure Requirement for the 2012 PM2.5, 11652-11654 [2019-05881]
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Rules and Regulations
Rule No.
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[Insert Federal Register
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33–15–23. Fees
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0213, EPA–R04–
OAR–2014–0767, EPA–R04–OAR–2014–
0426; FRL–9991–40–Region 4]
Air Plan Approval; KY; Minor Sources
Infrastructure Requirement for the
2012 PM2.5, 2010 NO2, and 2010 SO2
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
three State Implementation Plan (SIP)
submissions, submitted by the
Commonwealth of Kentucky, Energy
and Environment Cabinet, Department
for Environmental Protection, through
the Kentucky Division for Air Quality
(KDAQ) on April 26, 2013 (two
submissions), and February 8, 2016. The
submissions address requirements for
implementation of the 2012 Fine
Particulate Matter (PM2.5), 2010
Nitrogen Dioxide (NO2), and 2010
Sulfur Dioxide (SO2) national ambient
air quality standards (NAAQS). When
EPA promulgates a new or revised
NAAQS, the Clean Air Act (CAA or Act)
requires the state to make a new SIP
submission establishing that the existing
SIP meets the various applicable
requirements or revising the SIP to meet
those requirements. This type of SIP
submission is commonly referred to as
an ‘‘infrastructure’’ SIP. EPA is
approving the portions of these
infrastructure SIP submissions from
Kentucky that relate to the minor source
program requirements for the 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS.
DATES: This rule will be effective April
29, 2019.
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SUMMARY:
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I. Background
requirements of sections 110(a)(1) and
(2) within three years of EPA
promulgating a new or revised
NAAQS.1 EPA has historically referred
to these SIP submissions made for the
purpose of satisfying the requirements
of CAA sections 110(a)(1) and 110(a)(2)
as ‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require states
to address basic SIP elements such as
for monitoring, basic program
requirements, and legal authority that
are designed to assure attainment and
maintenance of the newly established or
revised NAAQS. This action pertains to
one of the requirements of section
110(a)(2): The minor source
requirements of section 110(a)(2)(C).
The minor source provisions are one of
three components of section
110(a)(2)(C). With respect to the minor
source requirements, SIPs must include
a program to provide for the
enforcement of measures for the statewide regulation of new and modified
minor sources and minor modifications
of major sources under the New Source
Review (NSR) program.
This action pertains to the section
110(a)(2)(C) minor source requirements
for Kentucky’s infrastructure SIP
submissions for the 2012 PM2.5, 2010
NO2, and 2010 SO2 NAAQS. All other
applicable infrastructure requirements
for the 2012 PM2.5, 2010 NO2, and 2010
SO2 NAAQS for Kentucky are being or
have been addressed in separate
rulemakings. On April 26, 2013, and
February 8, 2016, KDAQ submitted
infrastructure SIP submissions to EPA
that addressed the minor source element
of section 110(a)(2)(C) for the pollutants
relevant to the 2012 PM2.5, 2010 NO2,
and 2010 SO2 NAAQS, in addition to
other infrastructure SIP requirements.
Under section 110 of the CAA, states
are required to have SIPs that provide
for the implementation, maintenance,
and enforcement of the NAAQS. States
are further required to make a SIP
submission meeting the applicable
1 See EPA’s May 10, 2017, action proposing to
approve other portions of Kentucky’s infrastructure
SIP submittal for the 2012 PM2.5 NAAQS for a
discussion of EPA’s general approach to reviewing
infrastructure SIP submittals. 82 FR 21751.
EPA has established dockets
for this action under Docket
Identification Nos. EPA–R04–OAR–
2016–0213, EPA–R04–OAR–2014–0767,
and EPA–R04–OAR–2014–0426. 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:
Michele Notarianni, 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. Notarianni can
be reached via electronic mail at
notarianni.michele@epa.gov or the
telephone number (404) 562–9031.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2019–05935 Filed 3–27–19; 8:45 am]
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Rules and Regulations
KDAQ also provided clarifying
information to EPA on December 18,
2017, and May 2, 2018, describing
Kentucky’s SIP-approved regulations
which comprise the basic structural
elements of the minor source program in
the Commonwealth.2
In a notice of proposed rulemaking
(NPRM) published on November 5, 2018
(83 FR 55338), EPA proposed to approve
the portions of the infrastructure SIP
submissions from Kentucky dated
February 8, 2016, and April 26, 2013,
addressing the minor source
requirements of section 110(a)(2)(C) of
the CAA for the 2012 PM2.5, 2010 NO2,
and 2010 SO2 NAAQS. The details of
Kentucky’s submissions and the
rationale for EPA’s actions are explained
in the NPRM. Comments on the NPRM
were due on or before December 5,
2018. EPA received no adverse
comments on the proposed action.
II. Final Action
As described above, EPA is approving
the portions of the infrastructure SIP
submissions from Kentucky dated
February 8, 2016, and April 26, 2013,
addressing the minor source
requirements of section 110(a)(2)(C) of
the CAA for the 2012 PM2.5, 2010 NO2,
and 2010 SO2 NAAQS. EPA is
approving the minor source portions of
these submissions because they are
consistent with section 110 of the CAA.
III. Statutory and Executive Order
Reviews
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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. These actions merely approve
state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are 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);
2 Kentucky correspondence to EPA dated
December 18, 2017, and May 2, 2018, are in each
of the dockets for this action under ‘‘Proposed Rule2.’’
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• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do 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
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11653
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 May 28, 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, Reporting and
recordkeeping requirements, Particulate
matter, Sulfur dioxide.
Dated: March 18, 2019.
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. Section 52.920(e), is amended by
adding new entries for: ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2010 NO2 NAAQS’’; ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
SO2 NAAQS’’; and ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2012
PM2.5
NAAQS’’ at the end of the table to
read as follows:
■
§ 52.920
*
Identification of plan.
*
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(e) * * *
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Rules and Regulations
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of
non-regulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements for the
2010 NO2 NAAQS.
*
EPA approval
date
Explanations
*
Kentucky ................................
*
4/26/2013
*
3/28/2019, [Insert citation of
publication].
110(a)(1) and (2) Infrastructure Requirements for the
2010 SO2 NAAQS.
Kentucky ................................
04/26/2013
3/28/2019, [Insert citation of
publication].
110(a)(1) and (2) Infrastructure Requirements for the
2012 PM2.5 NAAQS.
Kentucky ................................
2/8/2016
3/28/2019, [Insert citation of
publication].
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 120416010–2476–01]
RIN 0648–XG905
Pacific Island Fisheries; Closure of the
2019 Hawaii Shallow-Set Pelagic
Longline Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishery closure.
AGENCY:
This final rule closes the
Hawaii shallow-set pelagic longline
fishery north of the Equator for all
vessels registered under the Hawaii
longline limited access program. The
shallow-set fishery has reached the
annual limit of 17 physical interactions
with North Pacific loggerhead sea
turtles, so NMFS must close the fishery
for the remainder of the calendar year,
or until further notice. This action is
necessary to comply with regulations
that establish maximum annual limits
on the numbers of interactions that
occur between longline fishing gear and
sea turtles.
DATES: Effective March 27, 2019,
through December 31, 2019. Compliance
date: 9:50 a.m. Hawaii-Aleutian
Standard Time (HST) on March 19,
2019, through December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Bob
Harman, NMFS Pacific Islands Regional
Office, 808–725–5170.
SUMMARY:
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NMFS
manages the shallow-set pelagic
longline fishery for swordfish in the
Pacific Islands according to the Fishery
Ecosystem Plan for Pelagic Fisheries of
the Western Pacific Region (FEP),
developed by the Western Pacific
Fishery Management Council, and
implemented by NMFS under authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). Regulations
governing fishing by U.S. vessels in
accordance with the FEP appear at 50
CFR part 665 and at subpart H of 50 CFR
part 600.
The regulations at § 665.813(b)(1)
establish maximum annual limits on the
numbers of physical interactions that
occur between longline fishing gear and
sea turtles. These limits apply to
physical interactions with vessels
registered with Hawaii longline limited
access permits while engaged in
shallow-set longline fishing, i.e., fishing
that is directed at swordfish. There are
two calendar-year annual limits on
physical interactions: 26 leatherback sea
turtles (Dermochelys coriacea), and 17
loggerhead sea turtles (Caretta caretta).
Scientific observers, placed by NMFS
aboard every vessel engaged in shallowset longline fishing, monitor
interactions with turtles.
The regulations at § 665.813(b)(2)
require NMFS to close the shallow-set
fishery as soon as the interaction limit
for either of the two turtle species has
been determined to have been reached
in a given year, after giving permit
holders and operators actual notice of
the closure. Upon receiving actual
notice from NMFS, fishermen are
required to immediately remove all
longline fishing gear from the water.
Once the fishery is closed, all vessels
registered under Hawaii longline
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–05881 Filed 3–27–19; 8:45 am]
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State
submittal
date/effective
date
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Only addresses the minor
source program requirements of section
110(a)(2)(C).
Only addresses the minor
source program requirements of section
110(a)(2)(C).
Only addresses the minor
source program requirements of section
110(a)(2)(C).
limited-access permits are prohibited
from shallow-set longline fishing north
of the Equator.
In accordance with § 665.813(b)(2),
the Regional Administrator, NMFS
Pacific Islands Region, has determined
that the fishery has reached the annual
interaction limit of 17 North Pacific
loggerhead turtles. Consequently, NMFS
closed the shallow-set component of the
Hawaii-based longline fishery at 9:50
a.m. HST on March 19, 2019. The
closure ends at midnight HST on
December 31, 2019.
NMFS is currently preparing a
biological opinion that addresses the
continued operation of the shallow-set
longline fishery, which may result in
changes to the current annual
interaction limits. NMFS would publish
any changes in a future rulemaking.
Classification
The Assistant Administrator for
Fisheries, NOAA, has determined that
this final rule is consistent with the
Magnuson-Stevens Act, the Endangered
Species Act, and other applicable laws.
This final rule is required by
§ 665.813(b)(2) and is exempt from
review under Executive Order 12866.
NMFS has good cause under the
Administrative Procedure Act (5 U.S.C.
553(b)(B) and 5 U.S.C. 553(d)(3)) to
waive prior notice and an opportunity
for public comment, and the 30 days
delayed effectiveness, for this temporary
rule, as prior notice and comment
would be contrary to the public interest.
NMFS must implement the closure of
the fishery immediately to prevent
further impacts to North Pacific
loggerhead sea turtles. In addition,
providing prior notice and comment
and 30 days delayed effectiveness are
unnecessary because NMFS has no
discretion to take other action because
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]]>Agencies
[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Rules and Regulations]
[Pages 11652-11654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05881]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0213, EPA-R04-OAR-2014-0767, EPA-R04-OAR-2014-0426;
FRL-9991-40-Region 4]
Air Plan Approval; KY; Minor Sources Infrastructure Requirement
for the 2012 PM2.5, 2010 NO2, and 2010 SO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of three State Implementation Plan (SIP) submissions,
submitted by the Commonwealth of Kentucky, Energy and Environment
Cabinet, Department for Environmental Protection, through the Kentucky
Division for Air Quality (KDAQ) on April 26, 2013 (two submissions),
and February 8, 2016. The submissions address requirements for
implementation of the 2012 Fine Particulate Matter (PM2.5),
2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide
(SO2) national ambient air quality standards (NAAQS). When
EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act)
requires the state to make a new SIP submission establishing that the
existing SIP meets the various applicable requirements or revising the
SIP to meet those requirements. This type of SIP submission is commonly
referred to as an ``infrastructure'' SIP. EPA is approving the portions
of these infrastructure SIP submissions from Kentucky that relate to
the minor source program requirements for the 2012 PM2.5,
2010 NO2, and 2010 SO2 NAAQS.
DATES: This rule will be effective April 29, 2019.
ADDRESSES: EPA has established dockets for this action under Docket
Identification Nos. EPA-R04-OAR-2016-0213, EPA-R04-OAR-2014-0767, and
EPA-R04-OAR-2014-0426. 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: Michele Notarianni, 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. Notarianni can be reached via electronic mail at
[email protected] or the telephone number (404) 562-9031.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 110 of the CAA, states are required to have SIPs that
provide for the implementation, maintenance, and enforcement of the
NAAQS. States are further required to make a SIP submission meeting the
applicable requirements of sections 110(a)(1) and (2) within three
years of EPA promulgating a new or revised NAAQS.\1\ EPA has
historically referred to these SIP submissions made for the purpose of
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require
states to address basic SIP elements such as for monitoring, basic
program requirements, and legal authority that are designed to assure
attainment and maintenance of the newly established or revised NAAQS.
This action pertains to one of the requirements of section 110(a)(2):
The minor source requirements of section 110(a)(2)(C). The minor source
provisions are one of three components of section 110(a)(2)(C). With
respect to the minor source requirements, SIPs must include a program
to provide for the enforcement of measures for the state-wide
regulation of new and modified minor sources and minor modifications of
major sources under the New Source Review (NSR) program.
---------------------------------------------------------------------------
\1\ See EPA's May 10, 2017, action proposing to approve other
portions of Kentucky's infrastructure SIP submittal for the 2012
PM2.5 NAAQS for a discussion of EPA's general approach to
reviewing infrastructure SIP submittals. 82 FR 21751.
---------------------------------------------------------------------------
This action pertains to the section 110(a)(2)(C) minor source
requirements for Kentucky's infrastructure SIP submissions for the 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS.
All other applicable infrastructure requirements for the 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS
for Kentucky are being or have been addressed in separate rulemakings.
On April 26, 2013, and February 8, 2016, KDAQ submitted infrastructure
SIP submissions to EPA that addressed the minor source element of
section 110(a)(2)(C) for the pollutants relevant to the 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS,
in addition to other infrastructure SIP requirements.
[[Page 11653]]
KDAQ also provided clarifying information to EPA on December 18, 2017,
and May 2, 2018, describing Kentucky's SIP-approved regulations which
comprise the basic structural elements of the minor source program in
the Commonwealth.\2\
---------------------------------------------------------------------------
\2\ Kentucky correspondence to EPA dated December 18, 2017, and
May 2, 2018, are in each of the dockets for this action under
``Proposed Rule-2.''
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on November 5,
2018 (83 FR 55338), EPA proposed to approve the portions of the
infrastructure SIP submissions from Kentucky dated February 8, 2016,
and April 26, 2013, addressing the minor source requirements of section
110(a)(2)(C) of the CAA for the 2012 PM2.5, 2010
NO2, and 2010 SO2 NAAQS. The details of
Kentucky's submissions and the rationale for EPA's actions are
explained in the NPRM. Comments on the NPRM were due on or before
December 5, 2018. EPA received no adverse comments on the proposed
action.
II. Final Action
As described above, EPA is approving the portions of the
infrastructure SIP submissions from Kentucky dated February 8, 2016,
and April 26, 2013, addressing the minor source requirements of section
110(a)(2)(C) of the CAA for the 2012 PM2.5, 2010
NO2, and 2010 SO2 NAAQS. EPA is approving the
minor source portions of these submissions because they are consistent
with section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
approve state law as meeting federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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 May 28, 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, Reporting and
recordkeeping requirements, Particulate matter, Sulfur dioxide.
Dated: March 18, 2019.
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. Section 52.920(e), is amended by adding new entries for: ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 NO2
NAAQS''; ``110(a)(1) and (2) Infrastructure Requirements for the 2010
SO2 NAAQS''; and ``110(a)(1) and (2) Infrastructure
Requirements for the 2012 PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
[[Page 11654]]
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Kentucky........... 4/26/2013 3/28/2019, [Insert Only addresses the
Requirements for the 2010 NO citation of minor source
NAAQS. publication]. program
requirements of
section
110(a)(2)(C).
110(a)(1) and (2) Infrastructure Kentucky........... 04/26/2013 3/28/2019, [Insert Only addresses the
Requirements for the 2010 SO citation of minor source
NAAQS. publication]. program
requirements of
section
110(a)(2)(C).
110(a)(1) and (2) Infrastructure Kentucky........... 2/8/2016 3/28/2019, [Insert Only addresses the
Requirements for the 2012 PM citation of minor source
NAAQS. publication]. program
requirements of
section
110(a)(2)(C).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-05881 Filed 3-27-19; 8:45 am]
BILLING CODE 6560-50-P
