[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37012-37013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16488]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0213; FRL-9965-56-Region 4]


Air Plan Approval; Kentucky; Infrastructure Requirements for the 
2012 PM2.5 National Ambient Air Quality Standard

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 State Implementation Plan (SIP) 
submission, submitted on February 8, 2016, by the Commonwealth of 
Kentucky, through the Energy and Environment Cabinet, Department for 
Environmental Protection, through the Kentucky Division for Air Quality 
(KDAQ), to demonstrate that the State meets the infrastructure 
requirements of the Clean Air Act (CAA or Act) for the 2012 Annual Fine 
Particulate Matter (PM2.5) national ambient air quality 
standard (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. KDAQ certified that the Kentucky SIP contains 
provisions that ensure the 2012 Annual PM2.5 NAAQS is 
implemented, enforced, and maintained in Kentucky. EPA has determined 
that portions of Kentucky's SIP satisfy certain infrastructure elements 
for the 2012 Annual PM2.5 NAAQS.

DATES: This rule will be effective September 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0213. 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: 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 via electronic mail at 
[email protected] or via telephone at (404) 562-9088.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On December 14, 2012 (78 FR 3086, January 15, 2013), EPA 
promulgated a revised primary annual PM2.5 NAAQS. The 
standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/
m\3\) to 12.0 [mu]g/m\3\. Pursuant to section 110(a)(1) of the CAA, 
States are required to submit SIPs meeting the applicable requirements 
of section 110(a)(2) within three years after promulgation of a new or 
revised NAAQS or within such shorter period as EPA may prescribe. 
Section 110(a)(2) requires states to address basic SIP elements such as 
requirements for monitoring, basic program requirements and legal 
authority that are designed to assure attainment and maintenance of the 
NAAQS. States were required to submit such SIPs for the 2012 Annual 
PM2.5 NAAQS to EPA no later than December 14, 2015.
    In a proposed rulemaking published May 10, 2017 (82 FR 21751), EPA 
proposed to approve portions of Kentucky's February 8, 2016 SIP 
submission for the 2012 Annual PM2.5 NAAQS, with the 
exception of the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) and the minor source 
program requirement of section 110(a)(2)(C), for which EPA did not 
propose any action. With respect to the interstate transport 
requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and 
4), EPA will consider these requirements in relation to Kentucky's 2012 
Annual PM2.5 NAAQS infrastructure submission in a separate 
rulemaking. The details of Kentucky's submission and the rationale for 
EPA's actions for this final rule are explained in the May 10, 2017, 
proposed rulemaking. Comments on the proposed rulemaking were due on or 
before June 9, 2017. EPA did not receive any comments, adverse or 
otherwise.

II. Final Action

    With the exception of the interstate transport requirements of 
section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) and the minor 
source program requirement of section 110(a)(2)(C), EPA is taking final 
action to approve Kentucky's infrastructure submission for the 2012 
Annual PM2.5 NAAQS. EPA notes that the Agency is not 
approving any specific rule, but rather approving that Kentucky's 
already approved SIP meets certain CAA requirements. EPA is taking 
final action to approve portions of Kentucky's infrastructure SIP 
submission for the 2012 Annual PM2.5 NAAQS because it is 
consistent with section 110 of the CAA.

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

[[Page 37013]]

in the Unfunded Mandates Reform Act of 1995 (Public Law 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 October 10, 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, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: July 19, 2017.
V. Anne Heard,
Acting 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 a new entry for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2012 Annual Fine 
PM2.5 NAAQS'' at the end of the table to read as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (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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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  Kentucky...........           2/8/2016  8/8/2017, [Insert   With the exception
 Requirements for the 2012                                                 citation of         of section
 Annual Fine PM2.5 NAAQS.                                                  publication].       110(a)(2)(D)(i)(I
                                                                                               ) and (II)
                                                                                               (prongs 1, 2 and
                                                                                               4) and the minor
                                                                                               source program
                                                                                               requirement of
                                                                                               section
                                                                                               110(a)(2)(C).
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[FR Doc. 2017-16488 Filed 8-7-17; 8:45 am]
 BILLING CODE 6560-50-P