4896 Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 

EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP—Continued 

State citation Title/subject State approval 

date EPA Approval date Comments 

*******

Subchapter B—Aluminum Plants 

Section 2303.E ................. Standards for Horizontal Stud Soderberg Primary 

Aluminum Plants and Prebake Primary Aluminum 

Plants. Monitoring.

10/20/07 01/28/16 [Insert Federal 

Register citation].

* * * * * * * 

Subchapter D—Nitric Acid Industry 

*******

Section 2307.C.1.a ........... Start-Up Provisions ..................................................... 10/20/07 01/28/16 [Insert Federal 

Register citation].

Administrative 

change 

here; 

2307(C)(1) 

is subject to 

SIP Call. 

Section 2307.C.2.a ........... On-Line Operating Adjustments ................................. 10/20/07 01/28/16 [Insert Federal 

Register citation].

Administrative 

change 

here; 

2307(C)(2) 

is subject to 

SIP Call. 

Chapter 25—Miscellaneous Incinerator Rules 

*******

Subchapter B—Biomedical Waste Incinerators 

*******

Section 2511 ..................... Standards of Performance for Biomedical Waste Incinerators. Registration.10/20/07 01/28/16 [Insert Federal 

Register citation].

* * * * * * * 

Subchapter C—Refuse Incinerators 

*******

Section 2521 ..................... Refuse Incinerators .................................................... 10/20/07 01/28/16 [Insert Federal 

Register citation].

Subchapter D—Crematories 

Section 2531 ..................... Standards of Performance for Crematories ............... 10/20/07 01/28/16 [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–01569 Filed 1–27–16; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, OhioKentucky-Indiana (Cincinnati, OH-KYVerDate Sep<11>2014 13:11 Jan 27, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\28JAR1.SGM 28JAR1

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Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 4897 

1Section 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. 

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 bell.tiereny@

epa.gov. 

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. 

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 


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4898 Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart (S)—Kentucky 

■ 2. In § 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: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED KENTUCKY REGULATIONS

State citation Title/subject State effective 

date EPA Approval date Explanation 

*******

Chapter 52 Permits, Registrations, and Prohibitory Rules 

*******

401 KAR 52:020 ............................ Title V permits .......... 1/15/01 1/28/16 [Insert citation of publication].Only adding the first sentence of Section 

22 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 permits .. 1/15/01 1/28/16 [Insert citation of publication].Only adding subsection (2) introductory 

text, 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 designated sources.1/15/01 1/28/16 [Insert citation of publication].Only adding subsection (2) introductory 

text, subsection (2)(a)(1), and first sentence of subsection (2)(a)(2) of Section 

3 entitled ‘‘General Provisions ’’. 


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Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 4899 

TABLE 1—EPA APPROVED KENTUCKY REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA Approval date Explanation 

*******

* * * * * 

[FR Doc. 2016–01567 Filed 1–27–16; 8:45 am] 

BILLING CODE 6560–50–P 


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