Air Plan Approval; KY; Updates to Attainment Status Designations, 11870-11872 [2021-04057]
Download as PDF
<![CDATA[
11870
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
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.
The telephone number is (404) 562–
9144. Ms. Larocca can also be reached
via electronic mail at larocca.sara@
epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0370; FRL–10019–
18–Region 4]
Air Plan Approval; KY; Updates to
Attainment Status Designations
SUPPLEMENTARY INFORMATION:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
I. Background
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Kentucky, through
the Kentucky Division for Air Quality
(KDAQ), on December 9, 2019. The SIP
revision updates the description and
attainment status designations of
geographic areas within the
Commonwealth for several National
Ambient Air Quality Standards
(NAAQS or standards). The updates are
being made to conform Kentucky’s
attainment status tables with the federal
attainment status designations for these
areas. EPA is approving Kentucky’s SIP
revision because it is consistent with the
Clean Air Act (CAA or Act) and EPA’s
regulations.
DATES: This rule is effective March 31,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0370. 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 can
either be retrieved electronically via
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:
Sarah Larocca, Air Regulatory
SUMMARY:
VerDate Sep<11>2014
16:15 Feb 26, 2021
Jkt 253001
Sections 108 and 109 of the CAA
require EPA to set NAAQS for criteria
air pollutants (ozone (O3), particulate
matter (PM), carbon monoxide, lead,
sulfur dioxide (SO2), and nitrogen
dioxide) 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,
attainment, or unclassifiable.1 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 for the new or revised
NAAQS. EPA codifies its designations
for areas within each state in 40 CFR
part 81.2 Under section 107(d) of the
CAA, a designation for an area remains
in effect until redesignated by EPA.
In a notice of proposed rulemaking
(NPRM) published on October 19, 2020
(85 FR 66295), EPA proposed to approve
changes to Kentucky rule 401 Kentucky
Administrative Regulation (KAR)
51:010, Attainment status designations,
which update 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
1 An
area is designated nonattainment if it is
found to be an area that does not meet (or that
contributes to ambient air quality in a nearby area
that does not meet) the NAAQS; an area is
designated attainment if it is an area that meets the
NAAQS and does not contribute to an area violating
the NAAQS; and an area is designated
unclassifiable if it cannot be classified on the basis
of available information as meeting or not meeting
the NAAQS. See CAA section 107(d)(1)(A).
2 EPA’s attainment status designations for
Kentucky are found at 40 CFR 81.318.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
KAR 51:010 in 2016.3 Since that time,
EPA promulgated the 2015 8-hour ozone
NAAQS and redesignated several areas
within the Commonwealth. Kentucky
amended 401 KAR 51:010 in 2019 by
updating the attainment status
designations in Sections 7 through 9 for
O3, PM less than 2.5 microns in
diameter (PM2.5), and SO2 to conform
with EPA’s attainment status
designations in 40 CFR 81.318.
Regulation 401 KAR 51:010 has also
been amended by making one minor
textual modification to the NECESSITY,
FUNCTION, AND CONFORMITY
section. The details of Kentucky’s
submission and the rationale for EPA’s
action are explained in the proposed
rulemaking. Comments on the October
19, 2020, NPRM were due on or before
November 18, 2020. EPA did not receive
any comments on the October 19, 2020,
NPRM. EPA is now taking final action
to approve the above-referenced
changes.
II. Incorporation by Reference
In this notice, EPA is finalizing EPA
rule 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, state effective November
19, 2019, which was revised to be
consistent with the federal attainment
status designations for the areas within
the Commonwealth. 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 by the
Director of the Federal Register 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 9, 2019, because the changes
are consistent with the CAA and EPA
regulations. The submission amends
3 EPA approved those amendments into the SIP
in 2018. See 83 FR 65088 (December 19, 2018).
4 See 62 FR 27968 (May 22, 1997).
E:\FR\FM\01MRR1.SGM
01MRR1
11871
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
and updates Kentucky regulation 401
KAR 51:010, Attainment status
designations, to conform with EPA’s
attainment status designations in 40
CFR 81.318. EPA is proposing to
approve these changes because they are
consistent with the CAA and EPA
regulations.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 April 30, 2021. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
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, amend Table 1 in
paragraph (c) under the heading Chapter
51 Attainment and Maintenance of the
National Ambient Air Quality Standards
by revising the entry for ‘‘401 KAR
51:010 Attainment status designations’’
to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS
State citation
*
*
*
Chapter 51
*
*
401 KAR 51:010 ............................
*
VerDate Sep<11>2014
State
effective date
Title/subject
*
*
Explanation
*
Attainment and Maintenance of the National Ambient Air Quality Standards
*
*
Attainment status designations .....
*
16:15 Feb 26, 2021
*
EPA approval date
*
Jkt 253001
PO 00000
11/19/2019
*
Frm 00015
Fmt 4700
*
*
3/1/2021, [Insert citation of publication].
*
Sfmt 4700
E:\FR\FM\01MRR1.SGM
*
01MRR1
*
*
11872
*
*
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
*
*
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
*
[FR Doc. 2021–04057 Filed 2–26–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0116; FRL–10020–
52–Region 5]
Air Plan Approval; Illinois; Removal of
Variance for Illinois Power Holdings
and AmerenEnergy Medina Valley
Cogen Facilities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Illinois State Implementation Plan
(SIP) submitted on January 23, 2020, by
the Illinois Environmental Protection
Agency (IEPA). The revision removes
the variance from the sulfur dioxide
(SO2) requirements of the Illinois
Administrative Code (IAC) MultiPollutant Standard Rule for coal-fired
electrical generating units (EGUs)
owned by the Illinois Power Holdings,
LLC (IPH) and the AmerenEnergy
Medina Valley Cogen, LLC (Medina
Valley), and will reimpose tighter limits
on all facilities currently in operation.
DATES: The final is effective March 31,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0116. 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
(CBI) 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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Charles
Hatten, Environmental Engineer, at
(312) 886–6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
SUMMARY:
VerDate Sep<11>2014
16:15 Feb 26, 2021
Jkt 253001
I. What is being addressed in this
document?
This rule approves IEPA’s January 23,
2020, submission to remove the
variance (PCB 14–10) from the Illinois
SIP, for IPH and Medina Valley, and
will reimpose tighter limits on all
facilities currently in operation under
35 IAC Section 225.233. The
background for this action is discussed
in detail in EPA’s notice of proposed
rulemaking (NPRM), dated September
18, 2020 (85 FR 58320).
II. What comments did we receive on
the proposed rule?
In the NPRM, EPA provided a 30-day
review and comment period for the
proposed rule. The comment period
ended on October 19, 2020. We received
no adverse comments on the proposed
rule.
EPA did, however, receive one
anonymous comment that did not
explain or provide a legal basis for why
the proposed action should differ, and
therefore requires no further response.
III. What action is EPA taking?
EPA is approving IEPA’s January 23,
2020, request to revise the Illinois SIP
by removing PCB 14–10 from the SIP for
IPH and Medina Valley.
IV. Incorporation by Reference
In this document, EPA is amending
regulatory text that includes
incorporation by reference. As described
in the amendments to 40 CFR part 52 set
forth below, EPA is removing provisions
of the EPA-Approved Illinois SourceSpecific Requirements from the Illinois
SIP, which is incorporated by reference
in accordance with the requirements of
1 CFR part 51. EPA has made, and will
continue to make the SIP generally
available through www.regulations.gov
and at the EPA Region 5 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Federal regulations. 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. Accordingly,
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);
• 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).
In addition, 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11870-11872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04057]
[[Page 11870]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0370; FRL-10019-18-Region 4]
Air Plan Approval; KY; Updates to Attainment Status Designations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the Commonwealth of Kentucky, through the Kentucky Division for Air
Quality (KDAQ), on December 9, 2019. The SIP revision updates the
description and attainment status designations of geographic areas
within the Commonwealth for several National Ambient Air Quality
Standards (NAAQS or standards). The updates are being made to conform
Kentucky's attainment status tables with the federal attainment status
designations for these areas. EPA is approving Kentucky's SIP revision
because it is consistent with the Clean Air Act (CAA or Act) and EPA's
regulations.
DATES: This rule is effective March 31, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0370. 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 can either
be retrieved electronically via 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: Sarah Larocca, 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. The telephone number is
(404) 562-9144. Ms. Larocca can also be reached via electronic mail at
[email protected].
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, lead, sulfur dioxide (SO2), and
nitrogen dioxide) 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, attainment,
or unclassifiable.\1\ Such designations inform the state's planning and
implementation of requirements to achieve and maintain the NAAQS for
each area within that state.
---------------------------------------------------------------------------
\1\ An area is designated nonattainment if it is found to be an
area that does not meet (or that contributes to ambient air quality
in a nearby area that does not meet) the NAAQS; an area is
designated attainment if it is an area that meets the NAAQS and does
not contribute to an area violating the NAAQS; and an area is
designated unclassifiable if it cannot be classified on the basis of
available information as meeting or not meeting the NAAQS. See CAA
section 107(d)(1)(A).
---------------------------------------------------------------------------
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 for the new or revised NAAQS. EPA codifies its
designations for areas within each state in 40 CFR part 81.\2\ Under
section 107(d) of the CAA, a designation for an area remains in effect
until redesignated by EPA.
---------------------------------------------------------------------------
\2\ EPA's attainment status designations for Kentucky are found
at 40 CFR 81.318.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on October 19,
2020 (85 FR 66295), EPA proposed to approve changes to Kentucky rule
401 Kentucky Administrative Regulation (KAR) 51:010, Attainment status
designations, which update 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 2016.\3\ Since that time, EPA
promulgated the 2015 8-hour ozone NAAQS and redesignated several areas
within the Commonwealth. Kentucky amended 401 KAR 51:010 in 2019 by
updating the attainment status designations in Sections 7 through 9 for
O3, PM less than 2.5 microns in diameter (PM2.5),
and SO2 to conform with EPA's attainment status designations
in 40 CFR 81.318. Regulation 401 KAR 51:010 has also been amended by
making one minor textual modification to the NECESSITY, FUNCTION, AND
CONFORMITY section. The details of Kentucky's submission and the
rationale for EPA's action are explained in the proposed rulemaking.
Comments on the October 19, 2020, NPRM were due on or before November
18, 2020. EPA did not receive any comments on the October 19, 2020,
NPRM. EPA is now taking final action to approve the above-referenced
changes.
---------------------------------------------------------------------------
\3\ EPA approved those amendments into the SIP in 2018. See 83
FR 65088 (December 19, 2018).
---------------------------------------------------------------------------
II. Incorporation by Reference
In this notice, EPA is finalizing EPA rule 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,
state effective November 19, 2019, which was revised to be consistent
with the federal attainment status designations for the areas within
the Commonwealth. 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 by the Director of the
Federal Register in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------
\4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action to approve portions of the Commonwealth
of Kentucky's SIP revision submitted on December 9, 2019, because the
changes are consistent with the CAA and EPA regulations. The submission
amends
[[Page 11871]]
and updates Kentucky regulation 401 KAR 51:010, Attainment status
designations, to conform with EPA's attainment status designations in
40 CFR 81.318. EPA is proposing to approve these changes because they
are consistent with the CAA and EPA regulations.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 April 30, 2021. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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 52.920, amend Table 1 in paragraph (c) under the heading Chapter
51 Attainment and Maintenance of the National Ambient Air Quality
Standards by revising the entry for ``401 KAR 51:010 Attainment status
designations'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
401 KAR 51:010................. Attainment status 11/19/2019 3/1/2021, [Insert
designations. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 11872]]
* * * * *
[FR Doc. 2021-04057 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P
