[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Rules and Regulations]
[Pages 4896-4899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01567]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0444; FRL-9941-64-Region 4]
Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour
Ozone NAAQS
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the state implementation plan (SIP) revision
submitted by the Commonwealth of Kentucky, through the Kentucky
Division of Air Quality (DAQ) on November 18, 2015, to address the
emissions statements requirement for the Commonwealth's portion of the
Cincinnati, Ohio-Kentucky-Indiana (Cincinnati, OH-KY-
[[Page 4897]]
IN) 2008 8-hour ozone national ambient air quality standards (NAAQS)
nonattainment area (hereafter referred to as the ``Cincinnati, OH-KY-IN
Area'' or ``Area''). Annual emissions reporting (i.e., emissions
statements) is required for all ozone nonattainment areas. The Area is
comprised of Butler, Clermont, Clinton, Hamilton and Warren Counties in
Ohio; portions of Boone, Campbell, and Kenton Counties in Kentucky; and
a portion of Dearborn County in Indiana. Any actions that EPA takes
regarding the emissions statements requirements for the Ohio and
Indiana portions of this Area will be addressed in separate
rulemakings.
DATES: This rule is effective February 29, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0444. 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 (formerly Regulatory
Development 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 at (404) 562-9088 and via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 15, 2015, the Commonwealth of Kentucky submitted a draft
SIP revision to EPA for parallel processing seeking to include the
specific sections of 401 Kentucky Administrative Regulations (KAR)
52.020--Title V permits, 401 KAR 52:030--Federally-enforceable permits
for non-major sources, 401 KAR 52:040--State-Origin Permits, and 401
KAR 52:070--Registration of designated sources identified on pages 8
and 9 of its April 15, 2015 submittal into the SIP to meet the
emissions statements requirements of CAA section 182(a)(3)(B).\1\ In a
notice of proposed rulemaking (NPR) published on September 22, 2015,
EPA preliminarily determined that the specific regulatory sections
identified on pages 8 and 9 of the draft SIP submission, collectively,
meet the emissions statements requirements of section 182(a)(3)(B)
because they require sources that emit 25 tons per year or more of
volatile organic compounds (VOCs) or nitrogen oxides (NOX)
within the Kentucky portion of the Area to submit annual certified
statements showing actual VOC and NOX emissions. The
specific regulatory sections that EPA is approving into the SIP through
today's action are identified in Section II, below. Although the
Commonwealth identified portions of 401 KAR 52:030 for inclusion in the
SIP, EPA notes that the Agency approved those sections into Kentucky's
SIP on September 6, 2006. See 71 FR 52460.
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\1\ Section 182(a)(3)(B) of the CAA requires each state with
ozone nonattainment areas to submit a SIP revision requiring annual
emissions statements to be submitted to the state by the owner or
operator of each NOX or VOC stationary source located
within a nonattainment area showing the actual emissions of
NOX and VOC from that source. The first statement is due
three years from the area's nonattainment designation, and
subsequent statements are due at least annually thereafter.
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The details of Kentucky's submittal and the rationale for EPA's
actions are explained in the NPR. Comments on the proposed rulemaking
were due on or before October 22, 2015. No comments were received. On
November 18, 2015, Kentucky submitted a final SIP revision that did not
contain any substantive changes regarding emissions statements from the
draft version submitted on April 15, 2015. EPA is now taking final
action to approve the November 18, 2015, SIP revision as meeting the
requirements of section 182(a)(3)(B) of the Clean Air Act (CAA or Act).
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 incorporate by reference of 401 KAR
52.020--Title V permits, Section 22 entitled ``Annual Emissions
Certification'', first sentence only and Section 23 entitled
``Certification by Responsible Official'', introductory paragraph text
and subsection (4) only; 401 KAR 52:040--State-Origin Permits, Section
3 entitled ``General Provisions'', subsection (2) introductory text,
subsection (2)(c), and subsection (3) only; Section 20 entitled
``Annual Emissions Certification for Specified Sources'', subsection
(1) only; and Section 21 entitled ``Certification by Responsible
Official'', introductory text and subsection (4) only; and 401 KAR
52:070--Registration of designated sources, Section 3 entitled
``General Provisions'', subsection (2) introductory text, subsection
(2)(a)(1), and subsection (2)(a)(2) first sentence only. EPA has made,
and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
Region 4 EPA office (see the ADDRESSES section of this preamble for
more information).
III. Final Action
EPA is approving the SIP revision submitted by Kentucky on November
18, 2015, as meeting the section 182(a)(3)(B) emissions statements
requirement for the Kentucky portion of the Cincinnati, OH-KY-IN Area,
and EPA is incorporating the regulatory text identified in Section II,
above, into Kentucky's SIP. EPA has concluded that the Commonwealth's
submission meets the requirements of the CAA.
VI. 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
[[Page 4898]]
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).
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 March 28, 2016. 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 12, 2016.
Heather McTeer Toney,
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. In Sec. 52.920, table 1 in paragraph (c) is amended under Chapter
52 Permits, Registrations, and Prohibitory Rules, by adding in
numerical order entries for ``401 KAR 52:020,'' ``401 KAR 52:040,'' and
``401 KAR 52:070'' 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 52 Permits, Registrations, and Prohibitory Rules
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* * * * * * *
401 KAR 52:020................. Title V permits... 1/15/01 1/28/16 [Insert Only adding the first
citation of sentence of Section 22
publication]. entitled ``Annual
Emissions
Certification'', and
introductory paragraph
text and subsection
(4) of Section 23
entitled
``Certification by
Responsible Official
''.
* * * * * * *
** 401 KAR 52:040.............. State-origin 1/15/01 1/28/16 [Insert Only adding subsection
permits. citation of (2) introductory text,
publication]. subsection (2)(c), and
subsection (3) of
Section 3 entitled
``General
Provisions'';
subsection (1) of
Section 20 entitled
``Annual Emissions
Certification for
Specified Sources'';
and introductory text
and subsection (4) of
Section 21 entitled
``Certification by
Responsible Official
''.
401 KAR 52:070................. Registration of 1/15/01 1/28/16 [Insert Only adding subsection
designated citation of (2) introductory text,
sources. publication]. subsection (2)(a)(1),
and first sentence of
subsection (2)(a)(2)
of Section 3 entitled
``General Provisions
''.
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[FR Doc. 2016-01567 Filed 1-27-16; 8:45 am]
BILLING CODE 6560-50-P