[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61107-61109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25576]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0443 FRL-9935-19-Region 4]


Approval and Promulgation of Implementation Plans; Kentucky 
Infrastructure Requirements for the 2008 Lead NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of the July 17, 2012, 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 (KY DAQ) for inclusion 
into the Kentucky SIP. This final submission pertains to the Clean Air 
Act (CAA or the Act) infrastructure requirements for the 2008 Lead 
national ambient air quality standards (NAAQS). The CAA requires that 
each state adopt and submit a SIP for the implementation, maintenance, 
and enforcement of each NAAQS promulgated by EPA, which is commonly 
referred to as an ``infrastructure'' SIP. KY DAQ certified that the 
Kentucky SIP contains provisions that ensure the 2008 Lead NAAQS is 
implemented, enforced, and maintained in Kentucky. With the exception 
of provisions pertaining to prevention of significant deterioration 
(PSD) permitting which EPA has already approved, EPA is taking final 
action to approve Kentucky's infrastructure submission, provided to EPA 
on July 17, 2012, as satisfying the required infrastructure elements 
for the 2008 Lead NAAQS.

DATES: This rule is effective November 9, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0443. 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 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. Mr. Farngalo can be reached by phone at (404) 562-9152 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order to provide for the implementation,

[[Page 61108]]

maintenance, and enforcement of a new or revised NAAQS within three 
years following the promulgation of such NAAQS, or within such shorter 
period as EPA may prescribe. For additional information on the 
infrastructure SIP requirements, see the proposed rulemaking published 
on July 30, 2015 (80 FR 45469).
    On July 30, 2015, EPA proposed to approve portions of Kentucky's 
July 17, 2012, 2008 Lead NAAQS infrastructure SIP submission with the 
exception of provisions pertaining to PSD permitting in sections 
110(a)(2)(C), prong 3 of D(i) and (J). EPA did not receive any 
comments, adverse or otherwise, on the July 30, 2015, proposed rule. 
EPA took final action to approve the PSD permitting requirements in 
sections 110(a)(2)(C), prong 3 of D(i) and (J) on March 18, 2015 (80 FR 
14019).

II. Final Action

    With the exception of provisions pertaining to PSD permitting 
requirements, EPA is taking final action to approve Kentucky's July 17, 
2012, infrastructure submission because it addresses the required 
infrastructure elements of the CAA 110(a)(1) and (2) to ensure that the 
2008 Lead NAAQS is implemented, enforced, and maintained in Kentucky.

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. 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 Clean Air Act; 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 8, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 24, 2015.
Heather McTeer Toney,
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 an entry for ``110(a)(1) and 
(2) Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards'' at the end of the table to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

[[Page 61109]]



                                EPA--Approved Kentucky Non-Regulatory Provisions
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                                                          State submittal
   Name of nonregulatory SIP      Applicable  geographic   date/effective   EPA approval date     Explanations
           provision             or  nonattainment  area        date
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                                                  * * * * * * *
110(a)(1) and (2)                Commonwealth of           July 17, 2012   10/9/2015 [Insert   With the
 Infrastructure Requirements      Kentucky.                                 Federal Register    exception of
 for the 2008 Lead National                                                 citation].          provisions
 Ambient Air Quality Standards.                                                                 pertaining to
                                                                                                PSD permitting
                                                                                                requirements in
                                                                                                sections
                                                                                                110(a)(2)(C),
                                                                                                110(a)(2)(D)(i)(
                                                                                                II) (prong 3)
                                                                                                and 110(a)(2)(J)
                                                                                                only.
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[FR Doc. 2015-25576 Filed 10-8-15; 8:45 am]
 BILLING CODE 6560-50-P