[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87815-87817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29106]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0521; FRL-9955-90-Region 4]


Air Plan Approval; Kentucky; Revisions to Louisville Definitions 
and Ambient Air Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of the State Implementation Plan (SIP) 
submission submitted by the Commonwealth of Kentucky, through the 
Kentucky Division for Air Quality (KDAQ), on behalf of the Louisville 
Metro Air Pollution Control District (District), on March 22, 2011, and 
May 3, 2012. The revisions to the regulatory portion of the SIP that 
EPA is taking final action to approve pertain to changes to the 
District's air quality standards for lead (Pb), particulate matter 
(both PM2.5 and PM10), ozone, nitrogen dioxide 
(NO2), and sulfur dioxide (SO2) to reflect the 
National Ambient Air Quality Standards (NAAQS), definitional changes, 
and regulatory consolidation. EPA has determined that these portions of 
the March 22, 2011, and May 3, 2012, SIP revisions are consistent with 
the Clean Air Act (CAA or Act).

DATES: This rule will be effective January 5, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0521. 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: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. EPA's regulatory provisions that govern the NAAQS are found 
at 40 CFR 50--National Primary and Secondary Ambient Air Quality 
Standards.
    In a proposed rulemaking published on August 1, 2016, EPA proposed 
to approve portions of Kentucky's revisions to the Jefferson County air 
quality regulations \1\ in the Kentucky SIP, submitted by the 
Commonwealth on March 22, 2011, and May 3, 2012. See 81 FR 50428. The 
March 22, 2011, submission revises Jefferson County Regulation 1.02--
Definitions and consolidates Regulations 3.02--Applicability of Ambient 
Air Quality Standards; 3.03--Definitions; 3.04--Ambient Air Quality 
Standards; and 3.05--Methods of Measurement into Regulation 3.01--
Ambient Air Quality Standards (currently entitled Purpose of Standards 
and Expression of Non-Degradation Intention in the SIP) by removing 
Regulations 3.02 through 3.05 and expanding and retitling Regulation 
3.01. This submission also seeks to revise Regulation 1.06--Source 
Self-Monitoring and Reporting and Regulation 1.07--Emissions During 
Startups, Shutdowns, Malfunctions and Emergencies. EPA is not taking 
action on the proposed changes to Regulation 1.06 at this time. EPA 
approved the revision to Regulation 1.07 on June 10, 2014 (79 FR 
33101). The May 3, 2012, submission builds on the revisions to 
Regulation 3.01 proposed in the March 22, 2011, submission by updating 
the Jefferson County air quality standards for Pb, PM2.5, 
PM10, O3, NO2, and SO2 to 
reflect the NAAQS, reordering the sections within the regulation, and 
making several textual modifications. The May 3, 2012, submission also 
seeks to remove the Ford Motor Company NOX Reasonably 
Available Control Technology (RACT) permit from the SIP and replace it 
with a Title V permit; EPA is not taking action on the proposed permit 
substitution at this time. The details of Kentucky's submission and the 
rationale for EPA's action are explained in the proposed rulemaking. 
See 81 FR 50428. Comments on the proposed rulemaking were due on or 
before August 31, 2016. EPA received no adverse comments on the 
proposed action.
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    \1\ In 2003, the City of Louisville and Jefferson County 
governments merged and the ``Jefferson County Air Pollution Control 
District'' was renamed the ``Louisville Metro Air Pollution Control 
District.'' However, each of the regulations in the Jefferson County 
portion of the Kentucky SIP still has the subheading ``Air Pollution 
Control District of Jefferson County.'' Thus, to be consistent with 
the terminology used in the SIP, EPA refers throughout this notice 
to regulations contained in Jefferson County portion of the Kentucky 
SIP as the ``Jefferson County'' regulations.
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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 Jefferson 
County Regulation 1.02--Definitions (except for the definitions of 
``Acute noncancer effect,'' ``Cancer,'' ``Carcinogen,'' and ``Chronic 
noncancer effect''), effective June 21, 2005, and Regulation 3.01--
Ambient Air Quality Standards,

[[Page 87816]]

effective April 20, 2011. 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 See 
page 660 of the submittal PDF in G:\ARMS\RDS Files through 2015\State 
Submittals\Kentucky\Finals\KY 197--Louisville SSM & misc.) 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.\2\ EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and/or at the EPA Region 4 office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).
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    \2\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve portions of Kentucky's 
submissions submitted by the Commonwealth of Kentucky through KDAQ on 
behalf of the District on March 22, 2011, and May 3, 2012. The 
submissions revise Jefferson County Regulation 1.02--Definitions 
(except for the definitions of ``Acute noncancer effect,'' ``Cancer,'' 
``Carcinogen,'' and ``Chronic noncancer effect''), consolidate 
Regulations 3.02--Applicability of Ambient Air Quality Standards; 
3.03--Definitions; 3.04--Ambient Air Quality Standards; and 3.05--
Methods of Measurement into Regulation 3.01--Ambient Air Quality 
Standards (currently entitled Purpose of Standards and Expression of 
Non-Degradation Intention in the SIP) by removing Regulations 3.02 
through 3.05 and expanding and retitling Regulation 3.01, and revise 
Regulation 3.01 by reordering the sections within the regulation, 
making several textual modifications, and updating the Jefferson County 
air quality standards for Pb, PM2.5, PM10, 
O3, NO2, and SO2 to reflect the NAAQS.

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, these 
actions merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, these actions:
     Are 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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, these rules 
do 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 February 6, 2017. 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, Nitrogen dioxide, Sulfur 
dioxide, Particulate matter, Reporting and recordkeeping requirements.

    Dated: November 21, 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. Section 52.920(c) is amended:
0
a. Under Table 2, Reg 1--General Provisions by revising the entry for 
``1.02'',
0
b. Under Table 2, Reg 3--Ambient Air Quality Standards revising the 
entry for ``3.01'', and
0
c. Under Table 2, Reg 3--Ambient Air Quality Standards by removing the 
entries for ``3.02'', ``3.03'', ``3.04'' and ``3.05''.
    The revisions read as follows:


Sec.  52.920  Identification of plan.

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    (c) * * *

[[Page 87817]]



                                             Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                                  EPA approval                                District
                 Reg                         Title/subject            date        Federal Register notice  effective date           Explanation
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                                                                      * * * * * * *
1.02.................................  Definitions.............         12/6/16  [Insert citation of              6/21/05  Definitions approved except
                                                                                  publication].                             for ``Acute noncancer
                                                                                                                            effect,'' ``Cancer,''
                                                                                                                            ``Carcinogen,'' and
                                                                                                                            ``Chronic noncancer
                                                                                                                            effect''.
 
                                                                      * * * * * * *
3.01.................................  Ambient Air Quality              12/6/16  [Insert citation of              4/20/11  .............................
                                        Standards.                                publication].
 
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[FR Doc. 2016-29106 Filed 12-5-16; 8:45 am]
 BILLING CODE 6560-50-P