[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Rules and Regulations]
[Pages 11652-11654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05881]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0213, EPA-R04-OAR-2014-0767, EPA-R04-OAR-2014-0426;
FRL-9991-40-Region 4]
Air Plan Approval; KY; Minor Sources Infrastructure Requirement
for the 2012 PM2.5, 2010 NO2, and 2010 SO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of three State Implementation Plan (SIP) submissions,
submitted by the Commonwealth of Kentucky, Energy and Environment
Cabinet, Department for Environmental Protection, through the Kentucky
Division for Air Quality (KDAQ) on April 26, 2013 (two submissions),
and February 8, 2016. The submissions address requirements for
implementation of the 2012 Fine Particulate Matter (PM2.5),
2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide
(SO2) national ambient air quality standards (NAAQS). When
EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act)
requires the state to make a new SIP submission establishing that the
existing SIP meets the various applicable requirements or revising the
SIP to meet those requirements. This type of SIP submission is commonly
referred to as an ``infrastructure'' SIP. EPA is approving the portions
of these infrastructure SIP submissions from Kentucky that relate to
the minor source program requirements for the 2012 PM2.5,
2010 NO2, and 2010 SO2 NAAQS.
DATES: This rule will be effective April 29, 2019.
ADDRESSES: EPA has established dockets for this action under Docket
Identification Nos. EPA-R04-OAR-2016-0213, EPA-R04-OAR-2014-0767, and
EPA-R04-OAR-2014-0426. All documents in the docket are listed on the
www.regulations.gov website. 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: 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 via electronic mail at
[email protected] or the telephone number (404) 562-9031.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 110 of the CAA, states are required to have SIPs that
provide for the implementation, maintenance, and enforcement of the
NAAQS. States are further required to make a SIP submission meeting the
applicable requirements of sections 110(a)(1) and (2) within three
years of EPA promulgating a new or revised NAAQS.\1\ EPA has
historically referred to these SIP submissions made for the purpose of
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require
states to address basic SIP elements such as for monitoring, basic
program requirements, and legal authority that are designed to assure
attainment and maintenance of the newly established or revised NAAQS.
This action pertains to one of the requirements of section 110(a)(2):
The minor source requirements of section 110(a)(2)(C). The minor source
provisions are one of three components of section 110(a)(2)(C). With
respect to the minor source requirements, SIPs must include a program
to provide for the enforcement of measures for the state-wide
regulation of new and modified minor sources and minor modifications of
major sources under the New Source Review (NSR) program.
---------------------------------------------------------------------------
\1\ See EPA's May 10, 2017, action proposing to approve other
portions of Kentucky's infrastructure SIP submittal for the 2012
PM2.5 NAAQS for a discussion of EPA's general approach to
reviewing infrastructure SIP submittals. 82 FR 21751.
---------------------------------------------------------------------------
This action pertains to the section 110(a)(2)(C) minor source
requirements for Kentucky's infrastructure SIP submissions for the 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS.
All other applicable infrastructure requirements for the 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS
for Kentucky are being or have been addressed in separate rulemakings.
On April 26, 2013, and February 8, 2016, KDAQ submitted infrastructure
SIP submissions to EPA that addressed the minor source element of
section 110(a)(2)(C) for the pollutants relevant to the 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS,
in addition to other infrastructure SIP requirements.
[[Page 11653]]
KDAQ also provided clarifying information to EPA on December 18, 2017,
and May 2, 2018, describing Kentucky's SIP-approved regulations which
comprise the basic structural elements of the minor source program in
the Commonwealth.\2\
---------------------------------------------------------------------------
\2\ Kentucky correspondence to EPA dated December 18, 2017, and
May 2, 2018, are in each of the dockets for this action under
``Proposed Rule-2.''
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on November 5,
2018 (83 FR 55338), EPA proposed to approve the portions of the
infrastructure SIP submissions from Kentucky dated February 8, 2016,
and April 26, 2013, addressing the minor source requirements of section
110(a)(2)(C) of the CAA for the 2012 PM2.5, 2010
NO2, and 2010 SO2 NAAQS. The details of
Kentucky's submissions and the rationale for EPA's actions are
explained in the NPRM. Comments on the NPRM were due on or before
December 5, 2018. EPA received no adverse comments on the proposed
action.
II. Final Action
As described above, EPA is approving the portions of the
infrastructure SIP submissions from Kentucky dated February 8, 2016,
and April 26, 2013, addressing the minor source requirements of section
110(a)(2)(C) of the CAA for the 2012 PM2.5, 2010
NO2, and 2010 SO2 NAAQS. EPA is approving the
minor source portions of these submissions because they are 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. These actions merely
approve state law as meeting federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action 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
Do 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 May 28, 2019. 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 dioxide, Reporting and
recordkeeping requirements, Particulate matter, Sulfur dioxide.
Dated: March 18, 2019.
Mary S. Walker,
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 new entries for: ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 NO2
NAAQS''; ``110(a)(1) and (2) Infrastructure Requirements for the 2010
SO2 NAAQS''; and ``110(a)(1) and (2) Infrastructure
Requirements for the 2012 PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
[[Page 11654]]
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Kentucky........... 4/26/2013 3/28/2019, [Insert Only addresses the
Requirements for the 2010 NO citation of minor source
NAAQS. publication]. program
requirements of
section
110(a)(2)(C).
110(a)(1) and (2) Infrastructure Kentucky........... 04/26/2013 3/28/2019, [Insert Only addresses the
Requirements for the 2010 SO citation of minor source
NAAQS. publication]. program
requirements of
section
110(a)(2)(C).
110(a)(1) and (2) Infrastructure Kentucky........... 2/8/2016 3/28/2019, [Insert Only addresses the
Requirements for the 2012 PM citation of minor source
NAAQS. publication]. program
requirements of
section
110(a)(2)(C).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-05881 Filed 3-27-19; 8:45 am]
BILLING CODE 6560-50-P