[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47378-47380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21935]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0462; FRL-9969-26--Region 4]


Air Plan Approval; Kentucky; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Kentucky through the Kentucky Energy and Environment 
Cabinet, Division of Air Quality (KDAQ) on September 17, 2014. 
Kentucky's September 17, 2014, SIP revision (Progress Report) addresses 
requirements of the Clean Air Act (CAA or Act) and EPA's rules that 
require each state to submit periodic reports describing progress 
towards reasonable progress goals (RPGs) established for regional haze 
and a determination of the adequacy of the state's existing SIP 
addressing regional haze (regional haze plan). EPA is finalizing 
approval of Kentucky's determination that the Commonwealth's regional 
haze plan is adequate to meet these RPGs for the first implementation 
period covering through 2018 and requires no substantive revision at 
this time.

DATES: This rule will be effective November 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0462. 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: Michele Notarianni, 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. Notarianni can be reached by phone at (404) 562-9031 
and via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    States are required to submit a progress report in the form of a 
SIP revision during the first implementation period that evaluates 
progress towards the RPGs for each mandatory Class I federal area \1\ 
(Class I area) within the state and for each Class I area outside the 
state which may be affected by emissions from within the state. 40 CFR 
51.308(g). In addition, the provisions of 40 CFR 51.308(h) require 
states to submit, at the same time as the 40 CFR

[[Page 47379]]

51.308(g) progress report, a determination of the adequacy of the 
state's existing regional haze plan. The progress report is due five 
years after submittal of the initial regional haze plan. On September 
17, 2014, Kentucky submitted its Progress Report which, among other 
things, detailed the progress made in the first period toward 
implementation of the long term strategy outlined in the Commonwealth's 
regional haze plan; the visibility improvement measured at Mammoth Cave 
National Park (Mammoth Cave), the only Class I area within Kentucky, 
and at Class I areas outside of the Commonwealth potentially impacted 
by emissions from Kentucky; and a determination of the adequacy of the 
Commonwealth's existing regional haze plan.
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    \1\ Areas designated as mandatory Class I federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
These areas are listed at 40 CFR part 81, subpart D.
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    In a notice of proposed rulemaking (NPRM) published on August 7, 
2017 (82 FR 36707), EPA proposed to approve Kentucky's Progress Report. 
The details of Kentucky's submission and the rationale for EPA's 
actions are explained in the NPRM. Comments on the proposed rulemaking 
were due on or before September 6, 2017. EPA received no adverse 
comments on the proposed action.

II. Final Action

    EPA is finalizing approval of Kentucky's September 17, 2014, 
Progress Report as meeting the applicable regional haze requirements 
set forth in 40 CFR 51.308(g) and (h).

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 Act. 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 December 11, 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, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Dated: September 28, 2017.
Onis ``Trey'' Glenn, III,
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 an entry for ``September 
2014 Regional Haze Progress Report'' at the end of the table to read as 
follows:


Sec.  52.920   Identification of plan.

* * * * *
    (e) * * *

[[Page 47380]]



                                                     EPA-Approved Kentucky Non-Regulatory Provisions
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                                                                                     State
 Name of non-regulatory SIP provision   Applicable geographic or nonattainment  submittal date/           EPA approval date               Explanations
                                                         area                   effective date
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                                                                      * * * * * * *
September 2014 Regional Haze Progress   Kentucky..............................      09/17/2014  10/12/2017, [Insert citation of        .................
 Report.                                                                                         publication].
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[FR Doc. 2017-21935 Filed 10-11-17; 8:45 am]
 BILLING CODE 6560-50-P