[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Rules and Regulations]
[Pages 13227-13230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04781]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2016-0361; FRL-9959-10-Region 4]


Air Plan Approval and Designation of Areas; KY; Redesignation of 
the Campbell County, 2010 1-Hour SO2 Nonattainment Area to 
Attainment

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two 
separate but related submissions (one of which includes multiple 
components) provided by the Commonwealth of Kentucky, through the 
Kentucky Division of Air Quality (KDAQ), in relation to attainment of 
the 2010 Sulfur Dioxide (SO2) national ambient air quality 
standards (NAAQS) for the Kentucky portion of the Campbell-Clermont, 
Kentucky-Ohio 2010 1-hour SO2 nonattainment area (hereafter 
referred to as the ``Campbell-Clermont, KY-OH Area'' or ``Area''). On 
March 31, 2015, KDAQ submitted a request for EPA to determine that the 
Campbell-Clermont, KY-OH Area attained the 2010 1-hour SO2 
NAAQS. Subsequently, on February 22, 2016, KDAQ submitted a request for 
EPA to redesignate the Campbell County portion of Kentucky that is 
within the Campbell-Clermont, KY-OH Area to attainment for the 2010 1-
hour SO2 NAAQS, and to approve a State Implementation Plan 
(SIP) revision containing a maintenance plan, base year inventory, and 
reasonably available control measures (RACM) determination for the 
Kentucky portion of the Area. EPA is approving the Commonwealth's RACM 
determination; the base year emissions inventory for the Kentucky 
portion of the Area; the Commonwealth's request for a clean data 
determination; and the Commonwealth's plan for maintaining attainment 
of the 2010 1-hour SO2 NAAQS; and is redesignating the 
Kentucky portion of the Area to attainment for the 2010 1-hour 
SO2 NAAQS.

DATES: This rule will be effective March 10, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0361. 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, 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

[[Page 13228]]

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: Steven Scofield, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. 
Mr. Scofield may be reached by phone at (404) 562-9034 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background for Final Actions

    On June 2, 2010, EPA revised the primary SO2 NAAQS, 
establishing a new 1-hour SO2 standard of 75 parts per 
billion (ppb). See 75 FR 35520 (June 22, 2010). Under EPA's regulations 
at 40 CFR part 50, the 2010 1-hour SO2 NAAQS is met at a 
monitoring site when the 3-year average of the annual 99th percentile 
of 1-hour daily maximum concentrations is less than or equal to 75 ppb 
(based on the rounding convention in 40 CFR part 50, appendix T). See 
40 CFR 50.17. Ambient air quality monitoring data for the 3-year period 
must meet a data completeness requirement. A year meets data 
completeness requirements when all four quarters are complete, and a 
quarter is complete when at least 75 percent of the sampling days for 
each quarter have complete data. A sampling day has complete data if 75 
percent of the hourly concentration values, including state-flagged 
data affected by exceptional events which have been approved for 
exclusion by the Administrator, are reported.\1\
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    \1\ 40 CFR part 50, appendix T, section 3(b).
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    Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA 
or Act) requires EPA to designate as nonattainment any area that does 
not meet (or that contributes to ambient air quality in a nearby area 
that does not meet) the NAAQS. At the time EPA conducted the initial 
round of designations for the 2010 1-hour SO2 primary NAAQS, 
Campbell County contained an SO2 monitor which registered 
violations of the standard based on the three most recent years of 
complete, quality assured, and certified ambient air quality data. 
Using 2009-2011 ambient air quality data, EPA designated the Area as 
nonattainment for the 2010 1-hour SO2 NAAQS on August 5, 
2013 (78 FR 47191), which became effective on October 4, 2013. This 
nonattainment designation established an attainment date five years 
after the October 4, 2013, effective date for areas designated as 
nonattainment for the 2010 1-hour SO2 NAAQS. Therefore, the 
Campbell-Clermont, KY-OH Area's attainment date is October 4, 2018. 
KDAQ was also required to submit a SIP to EPA that meets the 
requirements of CAA sections 172(c) and 191-192 within 18 months 
following the October 4, 2013, effective date of designation (i.e., 
April 4, 2015). As mentioned above, on March 31, 2015, KDAQ submitted a 
request for EPA to determine that the Campbell-Clermont, KY-OH Area has 
attained the 2010 1-hour SO2 NAAQS per EPA's ``Clean Data 
Policy.'' Subsequently, on February 22, 2016, KDAQ submitted to EPA a 
request for redesignation of the Campbell-Clermont, KY-OH Area to 
attainment and a SIP revision containing a maintenance plan, base year 
inventory, and RACM determination for the Kentucky portion of the Area. 
In a notice of proposed rulemaking (NPRM) published on December 1, 
2016, EPA proposed to take the following five separate but related 
actions regarding Kentucky's aforementioned requests and SIP 
submission: (1) To approve Kentucky's RACM determination for the 
Kentucky portion of the Campbell-Clermont, KY-OH Area pursuant to CAA 
section 172(c)(1) and incorporate it into the SIP; (2) to approve the 
base year emissions inventory for the 2010 1-hour SO2 NAAQS 
for the Kentucky portion of the Area pursuant to CAA section 172(c)(3) 
and incorporate it into the SIP; (3) to approve the Commonwealth's 
March 31, 2015, request for EPA to determine that the Area attained the 
2010 1-hour SO2 NAAQS per EPA's ``Clean Data Policy;'' (4) 
to approve Kentucky's plan for maintaining the 2010 1-hour 
SO2 NAAQS (maintenance plan) in the Area and incorporate it 
into the SIP; and (5) to redesignate the Kentucky portion of the 
Campbell-Clermont, KY-OH Area to attainment for the 2010 1-hour 
SO2 NAAQS.\2\ See 81 FR 86664. No comments were received on 
the December 1, 2016, proposed rulemaking. The details of Kentucky's 
submittal and the rationale for EPA's actions are further explained in 
the NPRM. See 81 FR 86664 (December 1, 2016).
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    \2\ On November 21, 2016, EPA published its final approval of 
the redesignation request and maintenance plan for the Ohio portion 
of the Area. See 81 FR 83158. As part of that final action, EPA 
determined that the entire Area has attained the 2010 1-hour 
SO2 NAAQS.
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II. Effects of These Actions

    Approval of Kentucky's redesignation request changes the legal 
designation of the portion of Campbell County that is within the 
Campbell-Clermont, KY-OH Area, as found at 40 CFR 81.318, from 
nonattainment to attainment for the 2010 1-hour SO2 NAAQS. 
Approval of Kentucky's associated SIP revision also incorporates a plan 
for maintaining the 2010 1-hour SO2 NAAQS in the Campbell-
Clermont, KY-OH Area through 2027 into the SIP as well as the State's 
section 172(c)(1) RACM determination. This maintenance plan includes an 
emissions inventory that satisfies the requirements of section 
172(c)(3) and contingency measures to remedy any future violations of 
the 2010 1-hour SO2 NAAQS.

III. Final Actions

    EPA is taking five separate but related actions regarding 
Kentucky's aforementioned requests and SIP submission. First, EPA is 
approving Kentucky's RACM determination for the Kentucky portion of the 
Campbell-Clermont, KY-OH Area pursuant to CAA section 172(c)(1) and 
incorporating it into the SIP.
    Second, EPA is approving the base year emissions inventory for the 
2010 1-hour SO2 NAAQS for the Kentucky portion of the Area 
pursuant to CAA section 172(c)(3) and incorporating it into the SIP.
    Third, EPA is approving the Commonwealth's March 31, 2015, request 
for EPA to determine that the Area attained the 2010 1-hour 
SO2 NAAQS per EPA's ``Clean Data Policy.''
    Fourth, EPA is approving Kentucky's plan for maintaining the 2010 
1-hour SO2 NAAQS (maintenance plan) in the Area and 
incorporating it into the SIP. The maintenance plan demonstrates that 
the Area will continue to maintain the 2010 1-hour SO2 NAAQS 
through 2027.
    Fifth, EPA is redesignating the Kentucky portion of the Campbell-
Clermont, KY-OH Area to attainment for the 2010 1-hour SO2 
NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for these actions to become effective immediately upon 
publication. The immediate effective date for these actions is 
authorized under 5 U.S.C. 553(d)(3), which 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 immediate 
effective date for the redesignation action is also authorized under 5 
U.S.C. 553(d)(1), which provides that rulemaking actions

[[Page 13229]]

may become effective less than 30 days after publication if the rule 
grants or recognizes an exemption or relieves a restriction. The 
purpose of the 30-day waiting period prescribed in section 553(d) is to 
give affected parties a reasonable time to adjust their behavior and 
prepare before the final rule takes effect. This rulemaking, however, 
does not create any new regulatory requirements such that affected 
parties would need time to prepare before the rules takes effect, and 
the redesignation will relieve the Area from certain CAA requirements 
that would otherwise apply to it. For these reasons, EPA finds good 
cause under 5 U.S.C. 553(d) for these actions to become effective on 
the date of publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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 approve state law as meeting federal 
requirements and do not impose additional requirements beyond those 
imposed by state law. For these reasons, these actions:
     Are not significant regulatory actions 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 economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions 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
     will not have disproportionate human health or 
environmental effects 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, 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 May 9, 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

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: January 20, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are 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 ``2010 1-hour 
SO2 Maintenance Plan for the Kentucky Portion of the 
Campbell-Clermont, KY-OH Area'' at the end of the table to read as 
follows:


Sec.  52.920  Identification of plan.

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    (e) * * *

[[Page 13230]]



                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                        Applicable           State
    Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date       Explanations
            provision               nonattainment area  effective date
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                                                  * * * * * * *
2010 1-hour SO2 Maintenance Plan   Campbell County           2/22/2016  3/10/2017..........  This includes the
 for the Kentucky Portion of the    portion of                                                172(c)(1) RACM
 Campbell-Clermont, KY-OH Area.     Campbell-Clermont,                                        determination and
                                    KY-OH                                                     the 172(c)(3) base-
                                    Nonattainment Area.                                       year emissions
                                                                                              inventory.
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.318, the table entitled ``Kentucky-2010 Sulfur Dioxide 
NAAQS (Primary)'' is amended under ``Campbell-Clermont Counties, KY-
OH:'' by revising the entries for ``Campbell County (part)'' to read as 
follows:


Sec.  81.318  Kentucky.

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                   Kentucky--2010 Sulfur Dioxide NAAQS
                                [Primary]
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                                                Designation
         Designated area         ---------------------------------------
                                       Date                Type
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Campbell-Clermont Counties, KY-        3/10/2017  Attainment.
 OH: \1\.
    Campbell County (part).
        That portion of Campbell
         County which lies south
         and west of the Ohio
         River described as
         follows: Beginning at
         geographic coordinates
         38.9735 North Latitude,
         84.3017 West Longitude
         (NAD 1983) on the edge
         of the Ohio River
         running southwesterly
         to KY Highway 1566;
         thence continuing
         running southwesterly
         along KY Highway 1566
         to KY Highway 9 (AA
         Highway); thence
         running north westerly
         along KY Highway 9 (AA
         Highway) from Hwy 1566
         to Interstate 275;
         thence running
         northeasterly along
         Interstate 275 to
         Highway 2345 (John's
         Hill Road), Hwy 2345 to
         US-27, US-27 to I-275,
         I-275 to the Ohio
         River; thence running
         southeasterly along the
         Ohio River from
         Interstate 275 to
         geographic coordinates
         38.9735 North Latitude,
         84.3017 West Longitude
         (NAD 1983).
 
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\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

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[FR Doc. 2017-04781 Filed 3-9-17; 8:45 am]
 BILLING CODE 6560-50-P