[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Rules and Regulations]
[Pages 27626-27628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11183]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0783); FRL-9669-2]


Approval and Promulgation of Implementation Plans; Commonwealth 
of Kentucky; Regional Haze State Implementation Plan; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On March 30, 2012, EPA published a rule finalizing a limited 
approval and a limited disapproval of two revisions to the Kentucky 
State Implementation Plan (SIP) submitted by the Commonwealth of 
Kentucky through the Kentucky Energy and Environment Cabinet, Division 
for Air Quality (DAQ), on June 25, 2008, and May 28, 2010, to address 
regional haze. In that rulemaking, EPA inadvertently excluded an entry 
to the table for EPA-approved Kentucky non-regulatory provisions. This 
action amends the table by adding an entry for Kentucky's regional haze 
SIP and SIP amendment.

DATES: This action is effective May 11, 2012.

ADDRESSES: Copies of the documentation used in the action being 
corrected are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. 
Benjamin can be reached at 404-562-9040, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 30, 2012, EPA published a rule finalizing a limited 
approval and a limited disapproval of two revisions to the Kentucky SIP 
submitted by DAQ on June 25, 2008, and May 28, 2010, addressing 
regional haze. See 77 FR 19098. In the final action, EPA inadvertently 
excluded an entry identifying Kentucky's regional haze SIP and SIP 
amendment in the table of ``EPA-Approved Kentucky Non-Regulatory 
Provisions'' located at 40 CFR 52.920(e).

II. Action

    This action amends the table in 40 CFR 52.920(e) by adding an entry 
for Kentucky's regional haze SIP and SIP amendment. EPA has determined 
that today's action falls under the ``good cause'' exemption in section 
553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon 
finding ``good cause,'' authorizes agencies to dispense with public 
participation where public notice and comment procedures are 
impracticable, unnecessary, or contrary to the public interest. Public 
notice and comment for this action are unnecessary because today's 
action, adding an entry in the table located at 40 CFR 52.920(e), has 
no substantive impact on EPA's March 30, 2012, limited approval and 
limited disapproval of the regional haze SIP revisions. In addition, 
EPA can identify no particular reason why the public would be 
interested in being notified of the correction, or in having the 
opportunity to comment on the correction prior to this action being 
finalized, since this correction action does not change the meaning of 
EPA's analysis or action related to the regional haze SIP revisions.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' The purpose

[[Page 27627]]

of the 30-day waiting period prescribed in APA section 553(d)(3) is to 
give affected parties a reasonable time to adjust their behavior and 
prepare before the final rule takes effect. Today's rule, however, does 
not create any new regulatory requirements such that affected parties 
would need time to prepare before the rule takes effect. Rather, 
today's action only adds an entry in 40 CFR 52.920(e) identifying EPA's 
March 30, 2012, limited approval of Kentucky's regional haze SIP. For 
these reasons, EPA finds good cause under APA section 553(d)(3) for 
this correction to become effective on the date of publication of this 
action.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
only adds an entry identifying EPA's March 30, 2012, limited approval 
of Kentucky's regional haze SIP in the table located at 40 CFR 
52.920(e), and imposes no additional requirements beyond those imposed 
by state law. Accordingly, the Administrator certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Furthermore, this rule does not contain any unfunded mandates or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), given the nature 
of this action as described above.
    This rule does not have tribal implications because it will not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This rule also does not have Federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This rule only adds an entry identifying 
EPA's limited approval of Kentucky's regional haze SIP in the table 
located at 40 CFR 52.920(e), and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (CAA). This rule is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. In addition, this rule does not involve technical 
standards, thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This rule also does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
rule 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 10, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: April 23, 2012
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 an entry for ``Regional Haze 
Plan and Plan Amendment'' to the end of the table to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment      date/effective   EPA approval date       Explanations
                                        area               date
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                                                  * * * * * * *
Regional Haze Plan and Plan      Statewide........  06/25/08 and 05/   03/30/12, 77 FR    Source-specific BART
 Amendment.                                          28/10.             19098.             requirements are
                                                                                           summarized in Table
                                                                                           7.5.3-2 of the
                                                                                           Commonwealth's May
                                                                                           28, 2010 submittal.
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[FR Doc. 2012-11183 Filed 5-10-12; 8:45 am]
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