Air Plan Approval; Kentucky; Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standard, 33021-33023 [2020-10062]
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Rules and Regulations
78g, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m,
78n, 78n–1, 78o, 78o–4, 78o–10, 78p, 78q,
78q–1, 78s, 78u–5, 78w, 78x, 78dd, 78ll,
78mm, 80a–20, 80a–23, 80a–29, 80a–37, 80b–
3, 80b–4, 80b–11, and 7201 et seq., and 8302;
7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18
U.S.C. 1350; Pub. L. 111–203, 939A, 124 Stat.
1376 (2010); and Pub. L. 112–106, sec. 503
and 602, 126 Stat. 326 (2012), unless
otherwise noted.
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2. In § 240.18a–6, revise paragraph
(b)(1)(x) to read as follows:
■
§ 240.18a–6 Records to be preserved by
certain security-based swap dealers and
major security-based swap participants.
*
*
*
*
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(b)(1) * * *
(x) The records required to be made
pursuant to § 240.18a–1(e)(2)(iii)(F)(1)
and (2).
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Dated: May 6, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020–10016 Filed 5–29–20; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF EDUCATION
34 CFR Part 361
[Docket ID ED–2019–OSERS–0140]
State Vocational Rehabilitation
Services Program
Office of Special Education and
Rehabilitative Services, U.S. Department
of Education.
ACTION: Reopening of comment period;
policy interpretation.
AGENCY:
On February 28, 2020, the
U.S. Department of Education
(Department) published a policy
interpretation and request for comment
concerning a change in policy regarding
the use of Federal vocational
rehabilitation (VR) funds reserved for
pre-employment transition services. The
interpretation established a deadline of
March 30, 2020, for submitting
comments. This document reopens the
comment period.
DATES: The comment period for the
policy interpretation that published
February 28, 2020, at 85 FR 11848, is
reopened. Comments are due July 1,
2020.
SUMMARY:
jbell on DSKJLSW7X2PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Carol Dobak, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5153, Potomac Center Plaza,
Washington, DC 20202–5108.
Telephone: (202) 245–7325. Email:
Carol.Dobak@ed.gov.
VerDate Sep<11>2014
16:09 May 29, 2020
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If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
On
February 28, 2020, the Department
published in the Federal Register (85
FR 11848) a notice of policy
interpretation and request for comment
concerning a change in policy regarding
the use of Federal VR funds reserved for
pre-employment transition services.
Specifically, the Department issued
this notice of interpretation to—(1)
clarify current policy regarding the use
of Federal VR funds reserved for the
provision of pre-employment transition
services to pay for auxiliary aids and
services needed by all students with
disabilities in order to access or
participate in required pre-employment
transition services under section 113(b)
of the Rehabilitation Act of 1973, as
amended; and (2) announce a change in
policy with respect to additional VR
services needed by eligible students
with disabilities that may be paid for
with the 15 percent minimum of Federal
VR grant funds reserved for the
provision of pre-employment transition
services and the circumstances under
which those funds may be used to pay
for those additional VR services.
The comment period closed on March
30, 2020. Because the novel coronavirus
pandemic has disrupted operations of
VR agencies, service providers,
educational agencies, and other
stakeholders nationwide, and because
we have received a number of requests
to reopen the comment period on this
important issue, we are reopening the
comment period until July 1, 2020.
SUPPLEMENTARY INFORMATION:
Note: All information in the notice of
policy interpretation and request for
comment concerning a change in policy
regarding the use of Federal VR funds
reserved for the provision of pre-employment
transition services remains the same, except
for the deadline for comments. For purposes
of making comments, the notice of
interpretation is published in full at 85 FR
11848 (Feb. 28, 2020).
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
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33021
view this document, as well as all other
documents of this Department
published in the Federal Register, in
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To use PDF you must have Adobe
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at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
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the Department.
Mark Schultz,
Commissioner, Rehabilitation, Services
Administration. Delegated the authority to
perform the functions and duties of the
Assistant Secretary for the Office of Special
Education and Rehabilitative Services.
[FR Doc. 2020–10261 Filed 5–29–20; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0217; FRL–10009–
27–Region 4]
Air Plan Approval; Kentucky;
Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
a State Implementation Plan (SIP)
submission, provided by the
Commonwealth of Kentucky, Energy
and Environment Cabinet, Department
for Environmental Protection, through
the Kentucky Division for Air Quality
(KDAQ), on January 9, 2019, to
demonstrate that the Commonwealth
meets the infrastructure requirements of
the Clean Air Act (CAA or Act) for the
2015 8-hour ozone national ambient air
quality standard (NAAQS). Whenever
EPA promulgates a new or revised
NAAQS, the CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each such NAAQS.
KDAQ certified that the Kentucky SIP
contains provisions that ensure the 2015
8-hour ozone NAAQS is implemented,
enforced, and maintained in Kentucky.
EPA has in this action determined that
the Kentucky infrastructure SIP
submissions satisfy certain required
infrastructure elements for the 2015 8hour ozone NAAQS.
SUMMARY:
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33022
DATES:
Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Rules and Regulations
This rule is effective July 1,
2020.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0217. 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 and Radiation 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:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. Bell can be reached via electronic
mail at bell.tiereny@epa.gov or the
telephone number (404) 562–9088.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with RULES
ADDRESSES:
I. Background
On October 1, 2015, EPA promulgated
a revised primary and secondary
NAAQS for ozone revising the 8-hour
ozone NAAQS from 0.075 parts per
million (ppm) to a new more protective
level of 0.070 ppm. See 80 FR 65292
(October 26, 2015). Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIP submission meeting the
applicable requirements of section
110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. This particular type of SIP
is commonly referred to as an
‘‘infrastructure SIP.’’ States were
required to submit such SIPs for the
VerDate Sep<11>2014
16:09 May 29, 2020
Jkt 250001
2015 8-hour ozone NAAQS to EPA no
later than October 1, 2018.1
This action approves portions of
Kentucky’s January 9, 2019, SIP
submission for the applicable
requirements of the 2015 8-hour ozone
NAAQS. In this action, EPA is not
acting upon portions of the submission
pertaining to the interstate transport
provisions of section 110(a)(2)(D)(i)(I)
and (II) (prongs 1 and 2) pertaining to
contribution to nonattainment or
interference with maintenance in other
states; the prevention of significant
deterioration (PSD) provisions related to
major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3),
and 110(a)(2)(J); and air quality
modeling and submission of modeling
data under section 110(a)(2)(K). EPA
will address these provisions in separate
rulemaking actions.
In a notice of proposed rulemaking
(NPRM) published on March 12, 2020
(85 FR 14442), EPA proposed to approve
Kentucky SIP submission provided on
January 9, 2019, for the applicable
infrastructure SIP requirements of the
2015 8-hour ozone NAAQS. The March
12, 2020, NPRM provides additional
detail regarding the background and
rationale for EPA’s action. Comments
were due to EPA on or before April 13,
2020. No adverse comments were
received.
II. Final Action
With the exception of interstate
transport provisions of section
110(a)(2)(D)(i)(II) (prongs 1 and 2), PSD
provisions related to major sources
under section 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3) and
110(a)(2)(J), and air quality models of
section 110(a)(2)(K), EPA is approving
Kentucky’s January 9, 2019,
infrastructure SIP submission for the
2015 8-hour ozone NAAQS for the
above described infrastructure SIP
requirements. EPA is approving
portions of Kentucky’s infrastructure
SIP submission for the 2015 8-hour
ozone NAAQS because these aspects of
the submission 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
1 In these infrastructure SIP submissions States
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the federally
approved SIP. In addition, certain federally
approved, non-SIP regulations may also be
appropriate for demonstrating compliance with
sections 110(a)(1) and (2).
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Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Rules and Regulations
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 31, 2020. 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).
Dated: May 5, 2020.
Mary Walker,
Regional Administrator, Region 4.
List of Subjects in 40 CFR Part 52
Subpart S—Kentucky
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
33023
Accordingly, 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.
2. Section 52.920(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2015
8-Hour Ozone NAAQS’’ at the end of
the table to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2015 8Hour Ozone NAAQS.
*
Kentucky ...........................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2020–0059; FRL–10009–
33–Region 7]
Air Plan Approval; Iowa; State
Implementation Plan and Operating
Permits Program
DATES:
The Environmental Protection
Agency (EPA) is approving revisions to
the Iowa State Implementation Plan
(SIP) and the Operating Permits
Program. The revisions include
updating definitions, regulatory
references, correcting the State’s mailing
jbell on DSKJLSW7X2PROD with RULES
Jkt 250001
*
6/1/2020, [Insert citation of
publication].
*
*
With
the
exception
of
110(a)(2)(D)(i)(I) (prongs 1 and
2), PSD provisions related to
major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II)
(prong 3), and 110(a)(2)(J),
and air quality modeling under
section 110(a)(2)(K).
This final rule is effective July 1,
The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2020–0059. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
16:09 May 29, 2020
Explanations
2020.
AGENCY:
VerDate Sep<11>2014
*
1/9/2019
EPA approval date
address, requiring facilities to submit
electronic emissions inventory
information under the State’s title V
permitting program, and updating
references for the most recent federally
approved minimum specifications and
quality assurance procedures for
performance evaluations of continuous
monitoring systems. Approval of these
revisions will not impact air quality and
will ensure consistency between the
State and Federally approved rules.
[FR Doc. 2020–10062 Filed 5–29–20; 8:45 am]
SUMMARY:
State
submittal date/
effective date
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the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7719;
email address Doolan.stephanie@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
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]]>Agencies
[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Rules and Regulations]
[Pages 33021-33023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10062]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0217; FRL-10009-27-Region 4]
Air Plan Approval; Kentucky; Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a State Implementation Plan (SIP) submission, provided by
the Commonwealth of Kentucky, Energy and Environment Cabinet,
Department for Environmental Protection, through the Kentucky Division
for Air Quality (KDAQ), on January 9, 2019, to demonstrate that the
Commonwealth meets the infrastructure requirements of the Clean Air Act
(CAA or Act) for the 2015 8-hour ozone national ambient air quality
standard (NAAQS). Whenever EPA promulgates a new or revised NAAQS, the
CAA requires that each state adopt and submit a SIP for the
implementation, maintenance, and enforcement of each such NAAQS. KDAQ
certified that the Kentucky SIP contains provisions that ensure the
2015 8-hour ozone NAAQS is implemented, enforced, and maintained in
Kentucky. EPA has in this action determined that the Kentucky
infrastructure SIP submissions satisfy certain required infrastructure
elements for the 2015 8-hour ozone NAAQS.
[[Page 33022]]
DATES: This rule is effective July 1, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0217. 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 and Radiation 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Bell can be reached
via electronic mail at [email protected] or the telephone number
(404) 562-9088.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated a revised primary and secondary
NAAQS for ozone revising the 8-hour ozone NAAQS from 0.075 parts per
million (ppm) to a new more protective level of 0.070 ppm. See 80 FR
65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP submission meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires states to address basic SIP
elements such as requirements for monitoring, basic program
requirements and legal authority that are designed to assure attainment
and maintenance of the NAAQS. This particular type of SIP is commonly
referred to as an ``infrastructure SIP.'' States were required to
submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no later than
October 1, 2018.\1\
---------------------------------------------------------------------------
\1\ In these infrastructure SIP submissions States generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the federally approved
SIP. In addition, certain federally approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a)(1) and (2).
---------------------------------------------------------------------------
This action approves portions of Kentucky's January 9, 2019, SIP
submission for the applicable requirements of the 2015 8-hour ozone
NAAQS. In this action, EPA is not acting upon portions of the
submission pertaining to the interstate transport provisions of section
110(a)(2)(D)(i)(I) and (II) (prongs 1 and 2) pertaining to contribution
to nonattainment or interference with maintenance in other states; the
prevention of significant deterioration (PSD) provisions related to
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
3), and 110(a)(2)(J); and air quality modeling and submission of
modeling data under section 110(a)(2)(K). EPA will address these
provisions in separate rulemaking actions.
In a notice of proposed rulemaking (NPRM) published on March 12,
2020 (85 FR 14442), EPA proposed to approve Kentucky SIP submission
provided on January 9, 2019, for the applicable infrastructure SIP
requirements of the 2015 8-hour ozone NAAQS. The March 12, 2020, NPRM
provides additional detail regarding the background and rationale for
EPA's action. Comments were due to EPA on or before April 13, 2020. No
adverse comments were received.
II. Final Action
With the exception of interstate transport provisions of section
110(a)(2)(D)(i)(II) (prongs 1 and 2), PSD provisions related to major
sources under section 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and
110(a)(2)(J), and air quality models of section 110(a)(2)(K), EPA is
approving Kentucky's January 9, 2019, infrastructure SIP submission for
the 2015 8-hour ozone NAAQS for the above described infrastructure SIP
requirements. EPA is approving portions of Kentucky's infrastructure
SIP submission for the 2015 8-hour ozone NAAQS because these aspects of
the submission 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. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial
[[Page 33023]]
direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2020. 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 5, 2020.
Mary Walker,
Regional Administrator, Region 4.
Accordingly, 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 the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2015 8-Hour Ozone NAAQS'' at the
end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable submittal date/
provision geographic or effective EPA approval date Explanations
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Kentucky........... 1/9/2019 6/1/2020, [Insert With the exception
Requirements for the 2015 8-Hour citation of of
Ozone NAAQS. publication]. 110(a)(2)(D)(i)(I)
(prongs 1 and 2),
PSD provisions
related to major
sources under
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II
) (prong 3), and
110(a)(2)(J), and
air quality
modeling under
section
110(a)(2)(K).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-10062 Filed 5-29-20; 8:45 am]
BILLING CODE 6560-50-P
