[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16943-16946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06900]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0773; FRL-9960-55-Region 4]


Air Plan Approval and Air Quality Designation; KY; Redesignation 
of the Kentucky Portion of the Louisville 1997 Annual PM2.5 
Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On March 5, 2012, the Commonwealth of Kentucky, through the 
Kentucky Energy and Environment Cabinet, Division for Air Quality, 
submitted a request for the Environmental Protection Agency (EPA) to 
redesignate the portion of Kentucky that is within the bi-state 
Louisville, KY-IN fine particulate matter (PM2.5) 
nonattainment area (hereinafter referred to as the ``bi-state 
Louisville Area'' or ``Area'') to attainment for the 1997 Annual 
PM2.5 national ambient air quality standards (NAAQS) and to 
approve a state implementation plan (SIP) revision containing a 
maintenance plan for the Area. EPA is taking final action to approve 
the Commonwealth's plan for maintaining the 1997 Annual 
PM2.5 NAAQS in the Area, including the motor vehicle 
emission budgets (MVEBs) for nitrogen oxide (NOX) and 
PM2.5 for the years 2015 and 2025 for the bi-state 
Louisville Area, and incorporate it into the SIP, and to redesignate 
the Kentucky portion of the Area to attainment for the 1997 Annual 
PM2.5 NAAQS. Additionally, EPA finds the 2025 MVEBs for the 
bi-state Louisville Area adequate for the purposes of transportation 
conformity.

DATES: This rule is effective April 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0773. 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 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: Madolyn Sanchez of the Air Regulatory 
Management Section, in the 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. Madolyn Sanchez may be reached by phone at (404) 562-9644, 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What is the background for the actions?

    On July 18, 1997, EPA promulgated the first air quality standards 
for PM2.5. EPA promulgated an annual standard at a level of 
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average 
of annual mean PM2.5 concentrations. In the same rulemaking, 
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year 
average of the 98th percentile of 24-hour concentrations. On October 
17, 2006 (71 FR 61144), EPA retained the annual average NAAQS at 15.0 
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again 
on the 3-year average of the 98th percentile of 24-hour concentrations.
    On January 5, 2005 (70 FR 944), and supplemented on April 14, 2005 
(70 FR 19844), EPA designated the bi-state Louisville Area as 
nonattainment for the Annual 1997 PM2.5 NAAQS. The bi-state 
Louisville Area consists of Bullitt and Jefferson Counties in Kentucky 
as well as Clark and Floyd Counties and a portion of Jefferson County 
(Madison Township) in Indiana.\1\ On November 13, 2009 (74 FR 58688), 
EPA promulgated designations for the 24-hour PM2.5 standard 
established in 2006, designating the bi-state Louisville Area as 
attainment for that NAAQS. That action clarified that the bi-state 
Louisville Area was classified unclassifiable/attainment for the 24-
hour NAAQS promulgated in 1997. EPA did not promulgate designations for 
the 2006 Annual PM2.5 NAAQS since that NAAQS was essentially 
identical to the 1997 Annual PM2.5 NAAQS.
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    \1\ In a separate submittal, EPA received the redesignation 
request and maintenance plan for the Indiana portion of this Area. 
On September 9, 2016, EPA took final action to determine that the 
entire bi-state Louisville Area has attained the 1997 
PM2.5 standard and to approve Indiana's redesignation 
request and maintenance plan. See 81 FR 62390.
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    On March 5, 2012, Kentucky submitted a request to EPA for 
redesignation of the Kentucky portion of the bi-state Louisville Area 
to attainment for the 1997 Annual PM2.5 NAAQS and a related 
SIP revision containing a maintenance plan for the Area. In a notice of 
proposed rulemaking (NPRM) published on January 11, 2017 (82 FR 3234), 
EPA proposed to approve the Commonwealth's 1997 Annual PM2.5 
NAAQS maintenance plan, including the 2025 MVEBs for NOx and direct 
PM2.5, for the Kentucky portion of the bi-state Louisville 
Area and incorporate the maintenance plan into the SIP, and to 
redesignate the Kentucky portion of the bi-state Louisville Area to 
attainment for the 1997 Annual PM2.5 NAAQS. In that notice, 
EPA also notified the public of the status of the

[[Page 16944]]

Agency's adequacy determination for the NOx and direct PM2.5 
MVEBs for the Area. No adverse comments were received on the January 
11, 2017, proposed rulemaking. The details of Kentucky's submittal and 
the rationale for EPA's actions are further explained in the NPRM.

II. What are the effect of these actions?

    Approval of the redesignation request changes the legal designation 
of the counties in the Kentucky portion of the bi-state Louisville 
Area, found at 40 CFR 81.318, from nonattainment to attainment for the 
1997 Annual PM2.5 NAAQS. Approval of Kentucky's associated 
SIP revision also incorporates a plan into the SIP for maintaining the 
1997 Annual PM2.5 NAAQS in the Kentucky portion of the bi-
state Louisville Area as described in the NPRM. The maintenance plan 
also establishes NOx and direct PM2.5 MVEBs for 2025 for the 
Area and includes contingency measures to remedy any future violations 
of the 1997 Annual PM2.5 NAAQS and procedures for evaluation 
of potential violations. The 2025 NOX and PM2.5 
MVEBs are 9,311.76 tons per year (tpy) and 324.04 tpy, respectively, 
for the Area.
    In the Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements final rule (final 
PM2.5 SIP requirements rule), EPA revoked the 1997 primary 
annual PM2.5 NAAQS in areas that had always been attainment 
for that NAAQS, and in areas that had been designated as nonattainment 
but that were redesignated to attainment before October 24, 2016, the 
rule's effective date. See 81 FR 58010 (August 24, 2016). EPA also 
finalized a provision that revokes the 1997 primary annual 
PM2.5 NAAQS in areas that are redesignated to attainment for 
that NAAQS after October 24, 2016, effective on the effective date of 
the redesignation of the area to attainment for that NAAQS. See 40 CFR 
50.13(d).
    EPA is finalizing the redesignation of the Kentucky portion of the 
bi-state Louisville Area to attainment for the 1997 annual 
PM2.5 NAAQS and finalizing the approval of the CAA section 
175A maintenance plan for the 1997 primary annual PM2.5 
NAAQS.\2\ The 1997 primary annual PM2.5 NAAQS will be 
revoked in the bi-state Louisville Area on the effective date of this 
redesignation, April 7, 2017. Beginning on that date, the Area will no 
longer be subject to transportation or general conformity requirements 
for the 1997 annual PM2.5 NAAQS due to the revocation of the 
primary NAAQS. See 81 FR 58125 (August 24, 2016). The Area is required 
to implement the CAA section 175A maintenance plan for the 1997 primary 
annual PM2.5 NAAQS that is being approved in today's action 
and the prevention of significant deterioration program for the 1997 
annual PM2.5 NAAQS. The approved maintenance plan can only 
be revised if the revision meets the requirements of CAA section 110(l) 
and, if applicable, CAA section 193. The Area is not required to submit 
a second 10-year maintenance plan for the 1997 primary annual 
PM2.5 NAAQS. See 81 FR 58144 (August 24, 2016).
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    \2\ CAA section 175A(a) establishes the maintenance plan 
requirements that must be fulfilled by nonattainment areas in order 
to be redesignated to attainment. That section only requires that 
nonattainment areas for the primary standard submit a plan 
addressing maintenance of the primary NAAQS in order to be 
redesignated to attainment; it does not require nonattainment areas 
for secondary NAAQS to submit maintenance plans in order to be 
redesignated to attainment. See 42 U.S.C. 7505a(a).
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III. Final Actions

    EPA is taking two separate, but related, final actions regarding 
Kentucky's request to redesignate the Kentucky portion of the bi-state 
Louisville Area to attainment for the 1997 PM2.5 NAAQS and 
associated SIP revision. First, EPA is approving the maintenance plan 
for the bi-state Louisville Area, including the NOX and 
direct PM2.5 MVEBs for 2025, and incorporating the 
maintenance plan into the Kentucky SIP. Second, EPA is approving 
Kentucky's redesignation request and redesignating the Kentucky portion 
of the Area from nonattainment to attainment for the 1997 Annual 
PM2.5 NAAQS. As mentioned above, approval of the 
redesignation request changes the official designation of the counties 
in the Kentucky portion of the bi-state Louisville Area for the 1997 
Annual PM2.5 NAAQS from nonattainment to attainment, as 
found at 40 CFR part 81. EPA is also notifying the public that EPA 
finds the newly-established NOX and direct PM2.5 
MVEBs for the bi-state Louisville Area adequate for the purpose of 
transportation conformity.
    As mentioned above, EPA's most recently promulgated 
PM2.5 implementation rule provides that the 1997 
PM2.5 NAAQS will be revoked for any area that is 
redesignated for the NAAQS upon the effective date of the 
redesignation. Therefore, the 1997 primary annual PM2.5 
NAAQS is revoked for the Kentucky portion of the bi-state Louisville 
Area on the effective date of this redesignation.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for this action to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the Area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking action may become 
effective less than 30 days after publication if the rule grants or 
recognizes an exemption or relieves a restriction, and section 
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 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 rule, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, this rule will serve as a basis 
for a subsequent action to relieve the Area from certain CAA 
requirements. For these reasons, EPA finds good cause under 5 U.S.C. 
553(d) for this action 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 this reason, these actions:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735,

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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 June 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

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: March 15, 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 ``1997 Annual 
PM2.5 Maintenance Plan for the Kentucky portion of the bi-
state Louisville Area'' at the end of the table to read as follows:


Sec.  52.920   Identification of plan.

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    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                      Applicable       State submittal
   Name of non-regulatory SIP        geographic or      date/effective    EPA approval date      Explanations
            provision             nonattainment area         date
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance     Bullitt and                  3/5/2012  4/7/2017 [Insert    ...................
 Plan for the Kentucky portion     Jefferson                              citation of
 of the bi-state Louisville Area.  Counties.                              publication].
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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--1997 Annual 
PM2.5 NAAQS (Primary and secondary)'' is amended under 
``Louisville, KY-IN:'' by revising the entries for ``Bullitt County'' 
and ``Jefferson County'' to read as follows:


Sec.  81.318   Kentucky.

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[[Page 16946]]



                                        Kentucky--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
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                                                    Designation \a\                       Classification
           Designated area            --------------------------------------------------------------------------
                                          Date \1\                Type               Date \2\          Type
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                                                  * * * * * * *
Louisville, KY-IN:
    Bullitt County...................        4/7/2017  Attainment.
    Jefferson County.................        4/7/2017  Attainment.
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2017-06900 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P