[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87817-87819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29115]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0426; FRL-9955-96-Region 4]
Air Quality Plans; Kentucky; Infrastructure Requirements for the
2010 Sulfur Dioxide 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 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, for
inclusion into the Kentucky SIP. This final action pertains to the
infrastructure requirements of the Clean Air Act (CAA or Act) for the
2010 1-hour sulfur dioxide (SO2) 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 submission.'' KDAQ certified that the Kentucky SIP
contains provisions that ensure the 2010 1-hour SO2 NAAQS is
implemented, enforced, and maintained in Kentucky. EPA has determined
that Kentucky's infrastructure SIP submission, provided to EPA on April
26, 2013, satisfies certain required infrastructure elements for the
2010 1-hour SO2 NAAQS.
DATES: This rule will be effective January 5, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0426. 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: 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 via telephone at (404) 562-9031.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the
primary SO2 NAAQS to an hourly standard of 75 parts per
billion (ppb) based on a 3-year average of the annual 99th percentile
of 1-hour daily maximum concentrations. 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 2010 1-hour SO2 NAAQS to EPA no later than June 2,
2013.
EPA is acting upon the SIP submission from Kentucky that addresses
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2)
for the 2010 1-hour SO2 NAAQS. In a notice of proposed
rulemaking (NPRM) published on April 4, 2016 (81 FR 19098), EPA
proposed to approve Kentucky's 2010 1-hour SO2 NAAQS
infrastructure SIP submission submitted on April 26, 2013, with the
exception of the minor source program requirements of section
110(a)(2)(C) and the interstate transport provisions pertaining to the
contribution to nonattainment or interference with maintenance in other
states and visibility protection requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). The details of
Kentucky's submission and the rationale for EPA's actions are explained
in the proposed rulemaking. Comments on the NPRM were due on or before
May 4, 2016. EPA received an adverse comment on the proposed action.
Additionally, EPA
[[Page 87818]]
acknowledges an erroneous date cited in the Technical Support Document
(TSD) to its April 4, 2016, proposal action. For the Kentucky entry in
Table 1 of EPA's TSD, ``November 23, 2014 (79 FR 65143)'' is listed in
two places. These two entries should read: ``November 3, 2014 (79 FR
65143)''.
II. Response to Comments
EPA received an adverse comment on the April 4, 2016, NPRM to
approve Kentucky's 2010 1-hour SO2 NAAQS infrastructure SIP
submission intended to meet the CAA requirements for the 2010 1-hour
SO2 NAAQS. A summary of the comment and EPA's response is
provided below. The comment is also available in the docket for this
final rulemaking action.
Comment: The Commenter stated, ``EPA cannot approve the PSD
[Prevention of Significant Deterioration] related elements of this
Infrastructure SIP until the Jefferson County local air authority has
incorporated PM2.5 [fine particulate matter] increments into
its PSD program.''
Response: EPA does not agree with the Commenter's assertion that
EPA cannot approve the PSD elements of Kentucky's submittal until the
Jefferson County Air Pollution Control District incorporates
PM2.5 increments into its PSD program. As discussed in the
April 4, 2016, NPRM (see 81 FR 19104), Kentucky's SIP-approved PSD
permitting program for major sources contains required structural PSD
requirements, including PM2.5 increments. See 79 FR 65143,
November 3, 2014. Kentucky's rule does not have any exclusion,
exception or exemption for individual localities such as Jefferson
County, Kentucky. Accordingly, the PSD permitting requirements,
including the PM2.5 increments, apply in all areas of the
Commonwealth, including Jefferson County.
Kentucky has a statutory provision that addresses local air
pollution control programs at KRS 224.20-130, Concurrent jurisdiction
with local district--Effect. This section cross references local
programs established under KRS chapter 77, which is the statutory
authority for the Jefferson County program. KRS 224.20-130 requires the
Energy and Environment Cabinet to approve local programs; provides that
local programs cannot be less stringent; provides that, upon approval,
there is concurrent jurisdiction; and provides that this (approval of a
local program with concurrent jurisdiction) in no way diminishes the
authority of the cabinet to administer and enforce chapter 224--which
is the chapter that comprises and/or authorizes Kentucky's SIP
regulations, including its PSD program. Also, subsection (2) of KRS
224.20-130 allows the cabinet to suspend or revoke approval, or modify
the authority granted to a local air pollution control program in
Kentucky if the cabinet determines, after public hearing with notice,
that a local air pollution control program is not being administered in
accordance with the statutes and regulations of the cabinet or the
district. Further, subsection (4) states that, ``The cabinet shall be
empowered to enforce any and all regulations or standards in any
district when concurrent jurisdiction is granted.''
Therefore, Kentucky's PSD program applies to the entire
Commonwealth, including Jefferson County, and any deficiencies in the
PSD program for Jefferson County would not impact the sufficiency of
Kentucky's SIP for the PSD infrastructure elements.
III. Final Action
With the exception of the minor source program requirements of
section 110(a)(2)(C) and the interstate transport provisions pertaining
to the contribution to nonattainment or interference with maintenance
in other states and visibility protection requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking final
action to approve Kentucky's infrastructure submission submitted on
April 26, 2013, for the 2010 1-hour SO2 NAAQS for the above
described infrastructure SIP requirements. EPA is taking final action
to approve Kentucky's infrastructure SIP submission for the 2010 1-hour
SO2 NAAQS because the submission is consistent with section
110 of the CAA.
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).
[[Page 87819]]
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 February 6, 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 dioxide, Reporting and
recordkeeping requirements and Sulfur oxides.
Dated: November 21, 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. Section 52.920(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour SO2
National Ambient Air Quality Standard'' 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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State
Name of non-regulatory SIP Applicable geographic submittal EPA approval
provision or nonattainment area date/effective date Explanations
date
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* * * * * * *
110(a)(1) and (2) Kentucky............... 04/26/2013 12/6/2016 With the exception of
Infrastructure Requirements the minor source
for the 2010 1-hour SO2 NAAQS. program requirements
of section
110(a)(2)(C) and the
interstate transport
requirements of
section
110(a)(2)(D)(i)(I)
and (II) (prongs 1,
2, and 4).
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[FR Doc. 2016-29115 Filed 12-5-16; 8:45 am]
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