
[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]


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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.

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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 
notarianni.michele@epa.gov 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.
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    \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.
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    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\
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    \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.''
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    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
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                                        Applicable           State
    Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date       Explanations
            provision               nonattainment area  effective date
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                                                  * * * * * * *
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).
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[FR Doc. 2019-05881 Filed 3-27-19; 8:45 am]
 BILLING CODE 6560-50-P


