[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Rules and Regulations]
[Pages 60805-60807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25575]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0384; FRL-9935-22-Region 4]


Approval and Promulgation of Implementation Plans; Kentucky: New 
Sources in or Impacting Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the Commonwealth of Kentucky's September 23, 2011, 
State Implementation Plan (SIP) revision, submitted through the 
Kentucky Division for Air Quality (KY DAQ), which modifies the SIP by 
making changes to Kentucky regulation, ``Review of new sources in or 
impacting upon nonattainment areas.'' EPA has determined that 
Kentucky's requested SIP revision meets the applicable provisions of 
the Clean Air Act (CAA or Act) and EPA regulations regarding 
Nonattainment New Source Review (NNSR) permitting.

DATES: This rule is effective November 9, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0384. All documents in the docket 
are listed on the www.regulations.gov Web site. 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: Zuri Farngalo, Air Regulatory 
Management

[[Page 60806]]

Section, Air Planning and Implementation Branch, Pesticides and Toxics 
Management Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Farngalo can be 
reached by telephone at (404) 562-9152 and via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 23, 2011, KY DAQ submitted a SIP revision to EPA for 
approval that makes several changes to Kentucky's regulations at 401 
Kentucky Administrative Regulations (KAR) 51:052, Review of new sources 
in or impacting nonattainment areas. These regulations establish air 
quality permitting requirements for the construction or modification of 
major stationary sources located within, or impacting upon, areas 
designated nonattainment for any primary national ambient air quality 
standard. To ensure improvement of air quality in those areas, the 
emissions resulting from construction or modification of a major 
stationary source must be offset with compensating emission reductions.
    Kentucky's requested SIP revision would revise 401 KAR 51:052 by: 
(1) Changing Section 5, paragraph (6)(b) to authorize new or modified 
sources to offset their emission increases with emission reductions 
achieved by shutting down an existing unit or curtailing production or 
operating hours prior to the new source application date (if specified 
conditions are met), (2) adding new and more comprehensive language to 
Section 5, paragraph (6)(b) describing how to calculate offsetting 
emission reductions obtained from a source shutdown or curtailment (3) 
amending Section 4, paragraph (3)(a) to establish an offset ratio of at 
least 1:1 for pollutants other than volatile organic compounds and 
nitrogen oxides, and (4) making changes to the introductory paragraph 
to 401 KAR 51:052 and Section 5, paragraph (3)(e) that update and 
clarify these provisions.
    In a notice of proposed rulemaking (NPR) published on August 11, 
2015, EPA proposed to approve Kentucky's revisions to 401 KAR 51:052, 
Review of new sources in or impacting nonattainment areas revisions. 
See 80 FR 48051. The details of Kentucky's submittal and the rationale 
for EPA's action are provided in the NPR. EPA did not receive any 
relevant comments on the proposed action.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Kentucky Rule 
401 KAR 51:052 entitled ``Review of new sources in or impacting 
nonattainment areas,'' which became effective in the Commonwealth of 
Kentucky on August 4, 2011. EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the Region 4 office (see the 
ADDRESSES section of this preamble for more information).

III. Final Action

    EPA is taking final action to approve the Commonwealth of 
Kentucky's September 23, 2011, SIP revision. EPA has determined that 
the changes to Kentucky's Rule 401 KAR 51:052, Review of new sources in 
or impacting nonattainment areas, are approvable because they are 
consistent with CAA section 110 and EPA's regulations regarding NNSR 
permitting at 40 CFR 51.165.

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. 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 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 December 7, 2015. 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).

[[Page 60807]]

List of Subjects in 40 CFR Part 52

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

    Dated: September 24, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR parts 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart S--Kentucky

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2. In Sec.  52.920, table 1 in paragraph (c) is amended under Chapter 
51 by revising the entry for ``401 KAR 51:052'' to read of follows:


Sec.  52.920  Identification of plan.

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    (c) * * *

                                   Table 1--EPA-Approved Kentucky Regulations
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                                                         State effective
         State citation               Title/subject            date       EPA approval  date      Explanation
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               Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
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                                                  * * * * * * *
401 KAR 51:052.................  Review of new sources         8/4/2011   10/8/2015 [Insert
                                  in or impacting                          Federal Register
                                  nonattainment areas.                     citation]
 
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[FR Doc. 2015-25575 Filed 10-7-15; 8:45 am]
 BILLING CODE 6560-50-P