[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42034-42036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17935]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R04-OAR-2017-0390; FRL-9982-70--Region 4]
Air Plan Approval and Air Quality Designation; KY; Redesignation
of the Kentucky Portion of the Louisville Unclassifiable Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On May 4, 2018, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality
(KDAQ), submitted a request for the Environmental Protection Agency
(EPA) to redesignate the portion of Kentucky that is within the bi-
state Louisville, KY-IN fine particulate matter (PM2.5)
unclassifiable area (hereinafter referred to as the ``bi-state
Louisville Area'' or ``Area'') to unclassifiable/attainment for the
2012 primary annual PM2.5 national ambient air quality
standard (NAAQS). The bi-state Louisville Area consists of Jefferson
County and a portion of Bullitt County in Kentucky, as well as Clark
and Floyd Counties in Indiana. EPA is approving the State's request and
redesignating the Area to unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS based upon valid, quality-
assured, and certified ambient air monitoring data showing that the
PM2.5 monitors in the bi-state Louisville Area are in
compliance with the 2012 primary annual PM2.5 NAAQS.
DATES: This rule will be effective September 19, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0390. All documents in the docket
are listed on the www.regulations.gov website. 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: 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. Sanchez can be reached by telephone at (404) 562-9644
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, EPA revised the primary annual NAAQS for
PM2.5 at a level of 12 micrograms per cubic meter ([micro]g/
m\3\), based on a 3-year average of annual mean PM2.5
concentrations. See 78 FR 3085 (January 15, 2013). EPA established the
standards based on significant evidence and numerous health studies
demonstrating that serious health effects are associated with exposures
to particulate matter.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in section
[[Page 42035]]
107(d)(1) of the CAA. On December 18, 2014, EPA designated the majority
of areas across the country as nonattainment, unclassifiable/
attainment, or unclassifiable\1\ for the 2012 PM2.5 NAAQS
based upon air quality monitoring data from monitors for calendar years
2011-2013. See 80 FR 2206 (January 15, 2015). EPA's January 15, 2015,
rulemaking notice also described a process by which EPA would evaluate
any complete, quality-assured, certified air quality monitoring data
from 2014 that a state submitted for consideration before February 27,
2015. EPA stated that it would evaluate whether, with the inclusion of
certified 2014 data, the 3-year design value for 2012-2014 suggests
that a change in the initial designation would be appropriate for an
area. If EPA agreed that a change in the initial designation would be
appropriate, EPA would withdraw the designation announced in the
January 15, 2015, notice for such area before the effective date and
issue another designation reflecting the inclusion of 2014 data.
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\1\ For the initial PM area designations in 2014 (for the 2012
annual PM2.5 NAAQS), EPA used a designation category of
``unclassifiable/attainment'' for areas that had monitors showing
attainment of the standard and were not contributing to nearby
violations and for areas that did not have monitors but for which
EPA had reason to believe were likely attaining the standard and not
contributing to nearby violations. EPA used the category
``unclassifiable'' for areas in which EPA could not determine, based
upon available information, whether or not the NAAQS was being met
and/or EPA had not determined the area to be contributing to nearby
violations. EPA reserves the ``attainment'' category for when EPA
redesignates a nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
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In a follow-up designation action published on April 7, 2015 (80 FR
18535), EPA designated five areas as unclassifiable/attainment in
Georgia, including two neighboring counties in the bordering states of
Alabama and South Carolina, that were initially deferred in EPA's
January 15, 2015, rulemaking. In the same action, EPA changed the
designations for one area in Ohio, two areas in Pennsylvania, and one
bi-state area with portions in Kentucky and Ohio from nonattainment to
unclassifiable/attainment. The bi-state Louisville Area was changed
from nonattainment to unclassifiable.
On May 4, 2018, Kentucky submitted a request for EPA to redesignate
the bi-state Louisville Area to unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS now that there is sufficient data
to determine that the Area is in attainment. In a notice of proposed
rulemaking (NPRM) published on May 30, 2018 (83 FR 24714), EPA proposed
to approve the State's request to redesignate the Kentucky portion of
the bi-state Louisville Area to unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS. The details of Kentucky's
submittal and the rationale for EPA's actions are further explained in
the NPRM. EPA did not receive any adverse comments on the proposed
action.
II. Final Action
EPA is approving Kentucky's redesignation request and redesignating
the Kentucky portion of the bi-state Louisville Area from
unclassifiable to unclassifiable/attainment for the 2012 primary annual
PM2.5 NAAQS.
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to unclassifiable/
attainment is an action that affects the status of a geographical area
and does not impose any additional regulatory requirements on sources
beyond those imposed by state law. A redesignation to unclassifiable/
attainment does not in and of itself create any new requirements.
Accordingly, this action merely redesignates an area to unclassifiable/
attainment and does not impose additional requirements. 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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because redesignations are exempted under
Executive Order 12866;
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
will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
This final redesignation action is not approved to apply to 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 October 19, 2018. 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 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 8, 2018.
Onis ``Trey'' Glenn, III
Regional Administrator, Region 4.
40 CFR part 81 is amended as follows:
[[Page 42036]]
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
0
2. In Sec. 81.318, the table entitled ``Kentucky-2012 Annual
PM2.5 NAAQS'' is amended under the heading ``Louisville, KY-
IN:'' by revising the entries for ``Bullitt County (part)'' and
``Jefferson County'' to read as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky--2012 Annual PM2.5 NAAQS
[Primary]
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Designation Classification
Designated area \1\ -----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Louisville, KY-IN:
Bullitt County (part)......... August 20, 2018...... Unclassifiable/
Attainment..
2010 Census tracts:
201.01, 201.02, 201.03,
202.01, 202.02, 203, 204,
205, 206.01, 206.02,
207.01, 207.02, 208,
211.01 and 211.02.
Jefferson County.............. August 20, 2018...... Unclassifiable/
Attainment..
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\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.
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[FR Doc. 2018-17935 Filed 8-17-18; 8:45 am]
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