[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Rules and Regulations]
[Pages 4896-4899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01567]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0444; FRL-9941-64-Region 4]


Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour 
Ozone NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the state implementation plan (SIP) revision 
submitted by the Commonwealth of Kentucky, through the Kentucky 
Division of Air Quality (DAQ) on November 18, 2015, to address the 
emissions statements requirement for the Commonwealth's portion of the 
Cincinnati, Ohio-Kentucky-Indiana (Cincinnati, OH-KY-

[[Page 4897]]

IN) 2008 8-hour ozone national ambient air quality standards (NAAQS) 
nonattainment area (hereafter referred to as the ``Cincinnati, OH-KY-IN 
Area'' or ``Area''). Annual emissions reporting (i.e., emissions 
statements) is required for all ozone nonattainment areas. The Area is 
comprised of Butler, Clermont, Clinton, Hamilton and Warren Counties in 
Ohio; portions of Boone, Campbell, and Kenton Counties in Kentucky; and 
a portion of Dearborn County in Indiana. Any actions that EPA takes 
regarding the emissions statements requirements for the Ohio and 
Indiana portions of this Area will be addressed in separate 
rulemakings.

DATES: This rule is effective February 29, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0444. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be 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 (formerly Regulatory 
Development 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: Tiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 15, 2015, the Commonwealth of Kentucky submitted a draft 
SIP revision to EPA for parallel processing seeking to include the 
specific sections of 401 Kentucky Administrative Regulations (KAR) 
52.020--Title V permits, 401 KAR 52:030--Federally-enforceable permits 
for non-major sources, 401 KAR 52:040--State-Origin Permits, and 401 
KAR 52:070--Registration of designated sources identified on pages 8 
and 9 of its April 15, 2015 submittal into the SIP to meet the 
emissions statements requirements of CAA section 182(a)(3)(B).\1\ In a 
notice of proposed rulemaking (NPR) published on September 22, 2015, 
EPA preliminarily determined that the specific regulatory sections 
identified on pages 8 and 9 of the draft SIP submission, collectively, 
meet the emissions statements requirements of section 182(a)(3)(B) 
because they require sources that emit 25 tons per year or more of 
volatile organic compounds (VOCs) or nitrogen oxides (NOX) 
within the Kentucky portion of the Area to submit annual certified 
statements showing actual VOC and NOX emissions. The 
specific regulatory sections that EPA is approving into the SIP through 
today's action are identified in Section II, below. Although the 
Commonwealth identified portions of 401 KAR 52:030 for inclusion in the 
SIP, EPA notes that the Agency approved those sections into Kentucky's 
SIP on September 6, 2006. See 71 FR 52460.
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    \1\ Section 182(a)(3)(B) of the CAA requires each state with 
ozone nonattainment areas to submit a SIP revision requiring annual 
emissions statements to be submitted to the state by the owner or 
operator of each NOX or VOC stationary source located 
within a nonattainment area showing the actual emissions of 
NOX and VOC from that source. The first statement is due 
three years from the area's nonattainment designation, and 
subsequent statements are due at least annually thereafter.
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    The details of Kentucky's submittal and the rationale for EPA's 
actions are explained in the NPR. Comments on the proposed rulemaking 
were due on or before October 22, 2015. No comments were received. On 
November 18, 2015, Kentucky submitted a final SIP revision that did not 
contain any substantive changes regarding emissions statements from the 
draft version submitted on April 15, 2015. EPA is now taking final 
action to approve the November 18, 2015, SIP revision as meeting the 
requirements of section 182(a)(3)(B) of the Clean Air Act (CAA or Act).

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 incorporate by reference of 401 KAR 
52.020--Title V permits, Section 22 entitled ``Annual Emissions 
Certification'', first sentence only and Section 23 entitled 
``Certification by Responsible Official'', introductory paragraph text 
and subsection (4) only; 401 KAR 52:040--State-Origin Permits, Section 
3 entitled ``General Provisions'', subsection (2) introductory text, 
subsection (2)(c), and subsection (3) only; Section 20 entitled 
``Annual Emissions Certification for Specified Sources'', subsection 
(1) only; and Section 21 entitled ``Certification by Responsible 
Official'', introductory text and subsection (4) only; and 401 KAR 
52:070--Registration of designated sources, Section 3 entitled 
``General Provisions'', subsection (2) introductory text, subsection 
(2)(a)(1), and subsection (2)(a)(2) first sentence only. 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 EPA office (see the ADDRESSES section of this preamble for 
more information).

III. Final Action

    EPA is approving the SIP revision submitted by Kentucky on November 
18, 2015, as meeting the section 182(a)(3)(B) emissions statements 
requirement for the Kentucky portion of the Cincinnati, OH-KY-IN Area, 
and EPA is incorporating the regulatory text identified in Section II, 
above, into Kentucky's SIP. EPA has concluded that the Commonwealth's 
submission meets the requirements of the CAA.

VI. 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

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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 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 March 28, 2016. 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: January 12, 2016.
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. In Sec.  52.920, table 1 in paragraph (c) is amended under Chapter 
52 Permits, Registrations, and Prohibitory Rules, by adding in 
numerical order entries for ``401 KAR 52:020,'' ``401 KAR 52:040,'' and 
``401 KAR 52:070'' to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Kentucky Regulations
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                                                          State
         State citation             Title/subject    effective date   EPA Approval date        Explanation
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                                                  * * * * * * *
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                            Chapter 52 Permits, Registrations, and Prohibitory Rules
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                                                  * * * * * * *
401 KAR 52:020.................  Title V permits...         1/15/01  1/28/16 [Insert     Only adding the first
                                                                      citation of         sentence of Section 22
                                                                      publication].       entitled ``Annual
                                                                                          Emissions
                                                                                          Certification'', and
                                                                                          introductory paragraph
                                                                                          text and subsection
                                                                                          (4) of Section 23
                                                                                          entitled
                                                                                          ``Certification by
                                                                                          Responsible Official
                                                                                          ''.
 
                                                  * * * * * * *
** 401 KAR 52:040..............  State-origin               1/15/01  1/28/16 [Insert     Only adding subsection
                                  permits.                            citation of         (2) introductory text,
                                                                      publication].       subsection (2)(c), and
                                                                                          subsection (3) of
                                                                                          Section 3 entitled
                                                                                          ``General
                                                                                          Provisions'';
                                                                                          subsection (1) of
                                                                                          Section 20 entitled
                                                                                          ``Annual Emissions
                                                                                          Certification for
                                                                                          Specified Sources'';
                                                                                          and introductory text
                                                                                          and subsection (4) of
                                                                                          Section 21 entitled
                                                                                          ``Certification by
                                                                                          Responsible Official
                                                                                          ''.
401 KAR 52:070.................  Registration of            1/15/01  1/28/16 [Insert     Only adding subsection
                                  designated                          citation of         (2) introductory text,
                                  sources.                            publication].       subsection (2)(a)(1),
                                                                                          and first sentence of
                                                                                          subsection (2)(a)(2)
                                                                                          of Section 3 entitled
                                                                                          ``General Provisions
                                                                                          ''.
 

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[FR Doc. 2016-01567 Filed 1-27-16; 8:45 am]
 BILLING CODE 6560-50-P