[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Rules and Regulations]
[Pages 42746-42748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19212]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0361; FRL-9967-57-Region 4]


Air Plan Approval; KY; Revisions to Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the State Implementation Plan (SIP) submission 
submitted by the Commonwealth of Kentucky, through the Kentucky 
Division for Air Quality (KDAQ), on September 9, 2016. The changes to 
the SIP that EPA is taking final action to approve pertain to changes 
to the Commonwealth's air quality standards for carbon monoxide (CO), 
lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter 
(both PM10 and PM2.5), and sulfur dioxide 
(SO2) to reflect the historical and current National Ambient 
Air Quality Standards (NAAQS). EPA has determined that the September 9, 
2016, SIP revision is consistent with the Clean Air Act (CAA or Act). 
KDAQ's submission also included additional air quality standards for 
hydrogen sulfide, fluorides, and odor; however, EPA is not approving 
these state standards into the SIP.

DATES: This rule will be effective October 12, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0361. 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: Madolyn Sanchez, 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.

[[Page 42747]]

Sanchez can be reached via telephone at (404) 562-9644 or 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 July 17, 2017, EPA proposed 
to approve changes to the Commonwealth's regulations for ambient air 
quality standards in the Kentucky SIP, submitted by the Commonwealth on 
September 9, 2016. See 82 FR 32671. The September 9, 2016, submission 
amends the Commonwealth's regulations for ambient air quality standards 
which are found at 401 KAR 53:010. The revision also includes textual 
changes to language in the regulation to provide regulatory clarity, as 
well as updating and reformatting the Appendix A table of ambient air 
quality standards and Appendix A footnotes. The details of Kentucky's 
submission and the rationale for EPA's action are explained in the 
proposed rulemaking. Comments on the proposed rulemaking were due on or 
before August 16, 2017. EPA received no adverse comments on the 
proposed action.

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 Kentucky 
regulation 401 KAR 53:010--Ambient air quality standards, effective 
July 19, 2016. EPA has made, and will continue to make, these documents 
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).
    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 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve the Commonwealth of Kentucky 
SIP revision submitted on September 9, 2016. The submission revises 
Kentucky regulation 401 KAR 53:010 to reflect changes to the 
Commonwealth's air quality standards for CO, Pb, NO2, ozone, 
both PM10 and PM2.5, and SO2 to 
reflect the historical and current NAAQS. The revision also includes 
textual changes to language in the regulation to provide regulatory 
clarity, as well as updating and reformatting the Appendix A table of 
ambient air quality standards and Appendix A footnotes.

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, 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 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).
    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 November 13, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping

[[Page 42748]]

requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 25, 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(c), Table 1 is amended under Chapter 53 by revising 
the entry for ``401 KAR 53:010'' to read as follows:


Sec.  52.920  Identification of plan.

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    (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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                                         Chapter 53 Ambient Air Quality
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                                                  * * * * * * *
401 KAR 53:010................  Ambient air quality         07/19/16  09/12/17, [Insert
                                 standards.                            citation of
                                                                       publication].
 
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[FR Doc. 2017-19212 Filed 9-11-17; 8:45 am]
 BILLING CODE 6560-50-P