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 Environmental Protection Agency 40 CFR Part 52
[EPA-R04-OAR-2018-0308; FRL-9987-98-Region 4]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Final rule.
 SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of a State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality, on December 13, 2016. The changes to the SIP that EPA is taking final action to approve are the attainment status designations, as of October 6, 2016, for geographic areas within the Commonwealth for several national ambient air quality standards (NAAQS). The updates are being made to conform Kentucky's attainment status tables with the federal attainment status designations made for these areas. EPA has determined that the December 13, 2016, SIP revision is consistent with the Clean Air Act (CAA or Act) and EPA's regulations.
 DATES: This rule will be effective January 18, 2019.
 ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2018-0308. 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: 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 via telephone at (404) 562-9644 or via electronic mail at 
                        *sanchez.madolyn@epa.gov.*


SUPPLEMENTARY INFORMATION:  I. Background Sections 108 and 109 of the CAA require EPA to set NAAQS for criteria air pollutants: Ozone (O3); particulate matter (PM); carbon monoxide (CO); lead (Pb); sulfur dioxide (SO2); and nitrogen dioxide (NO2); and to undertake periodic review of these standards. After EPA sets a new NAAQS or revises an existing standard, the CAA requires EPA to determine if areas of the country meet the new standards and to designate areas as either nonattainment, unclassifiable/attainment, or unclassifiable. Such designations inform the state's planning and implementation of requirements to achieve and maintain the NAAQS for each area within that state. Section 107(d) of the CAA governs the process for these initial area designations. Under this process, states and tribes submit recommendations to EPA as to whether or not an area is attaining the NAAQS for criteria air pollutants. EPA then considers these recommendations as part of its obligation to promulgate the area designations and boundaries for the new or revised NAAQS. EPA codifies its designations for areas within each state in 40 CFR part 81.[1]
                    
                     Under section 107(d) of the CAA, a designation for an area remains in effect until redesignated by EPA. In a proposed rulemaking published on September 21, 2018 (83 FR 47856), EPA proposed to approve changes to Kentucky regulation 401 KAR 51:010, which update, as of October 6, 2016, the description and attainment or nonattainment status of geographic areas within the Commonwealth with regard to a number of the NAAQS. The Commonwealth of Kentucky last amended Regulation 401 KAR 51:010 in 1997 and, since that time, EPA has promulgated several changes to the designations of areas within the Commonwealth. As a result, Kentucky has amended Regulation 401 KAR 51:010 by updating, as of October 6, 2016, the attainment status designations in Sections 4 through 8 and Section 10 for CO, Pb, NO2, O3, PM2.5
                    , and total suspended solids [2]
                    
                     to conform with EPA's designations as reflected in 40 CFR 81.318. Regulation 401 KAR 51:010 has also been amended by making minor textual modifications to the NECESSITY, FUNCTION, AND CONFORMITY section and Section 1 (Definitions) and Section 2 (Attainment Status Designations). The details of Kentucky's submission and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before October 22, 2018. EPA did not receive any relevant comments on the proposed action. EPA is now taking final action to approve the above-referenced revisions. 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 incorporation by reference of Kentucky regulation 401 KAR 51:010, 
                    *Attainment Status Designations,*
                     effective October 6, 2016, which was revised to be consistent with the current NAAQS.[3]
                    
                     EPA has made, and will continue to make, these materials generally available through 
                    *www.regulations.gov*
                     and at the EPA Region 4 Office (please contact the person identified in the 
                    **FOR FURTHER INFORMATION CONTACT**
                     section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.[4] III. Final Action EPA is taking final action to approve portions of the Commonwealth of Kentucky's SIP revision submitted on December 13, 2016, because the changes are consistent with the CAA and EPA regulations. The submission revises Kentucky's attainment status designations tables for several NAAQS to conform with the federal attainment status designations made for geographic areas within the Commonwealth. 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. This action merely approves state law as meeting Federal 
                    ( print page 65090)
                    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);
                Is not anExecutive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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, underExecutive 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 February 19, 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
Ozone
Particulate matter
Reporting and recordkeeping requirements
Sulfur oxides
Volatile organic compounds
 Dated: November 28, 2018. Mary S. Walker, Acting 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 by revising the entry “401 KAR 51:010” to read as follows: § 52.920
  
 (c) * * * Table 1—EPA-Approved Kentucky Regulations
State citation
Title/subject
State
                                     effective date
EPA approval date
Explanation*         *         *         *         *         *         ***Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards***         *         *         *         *         *         *401 KAR 51:010
Attainment status Designations
10/06/16
12/19/18, [insert 
                                    **Federal Register**
                                     citation]
With the exception of Section 9. Attainment Status Designations for Sulfur Dioxide (SO2).*         *         *         *         *         *         *


# Footnotes

1.
    
                         EPA's attainment status designations for Kentucky are found at 40 CFR 81.318. Back to Citation
 2.
    
                         EPA is not taking final action on the portion of the submittal (Section 9) that modifies the attainment status designations for SO2. Back to Citation
 3.
    
                         With the exception of Section 9. Attainment Status Designations for Sulfur Dioxide (SO2). Back to Citation
 4.
    
                         
                        *See*62 FR 27968 (May 22, 1997). Back to Citation


[FR Doc. 2018-27356 Filed 12-18-18; 8:45 am] BILLING CODE 6560-50-P