11870 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

1An area is designated nonattainment if it is 

found to be an area that does not meet (or that 

contributes to ambient air quality in a nearby area 

that does not meet) the NAAQS; an area is 

designated attainment if it is an area that meets the 

NAAQS and does not contribute to an area violating 

the NAAQS; and an area is designated 

unclassifiable if it cannot be classified on the basis 

of available information as meeting or not meeting 

the NAAQS. See CAA section 107(d)(1)(A). 

2EPA’s attainment status designations for 

Kentucky are found at 40 CFR 81.318. 

3EPA approved those amendments into the SIP 

in 2018. See 83 FR 65088 (December 19, 2018). 

4See 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0370; FRL–10019– 

18–Region 4] 

Air Plan Approval; KY; Updates to 

Attainment Status Designations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) revision submitted by the 

Commonwealth of Kentucky, through 

the Kentucky Division for Air Quality 

(KDAQ), on December 9, 2019. The SIP 

revision updates the description and 

attainment status designations of 

geographic areas within the 

Commonwealth for several National 

Ambient Air Quality Standards 

(NAAQS or standards). The updates are 

being made to conform Kentucky’s 

attainment status tables with the federal 

attainment status designations for these 

areas. EPA is approving Kentucky’s SIP 

revision because it is consistent with the 

Clean Air Act (CAA or Act) and EPA’s 

regulations. 

DATES: This rule is effective March 31, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0370. 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 can 

either be retrieved electronically via 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation 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: 

Sarah Larocca, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9144. Ms. Larocca can also be reached 

via electronic mail at larocca.sara@

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, lead, 

sulfur dioxide (SO2), and nitrogen 

dioxide) 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, 

attainment, or unclassifiable.1 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 for the new or revised 

NAAQS. EPA codifies its designations 

for areas within each state in 40 CFR 

part 81.2 Under section 107(d) of the 

CAA, a designation for an area remains 

in effect until redesignated by EPA. 

In a notice of proposed rulemaking 

(NPRM) published on October 19, 2020 

(85 FR 66295), EPA proposed to approve 

changes to Kentucky rule 401 Kentucky 

Administrative Regulation (KAR) 

51:010, Attainment status designations, 

which update 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 2016.3 Since that time, 

EPA promulgated the 2015 8-hour ozone 

NAAQS and redesignated several areas 

within the Commonwealth. Kentucky 

amended 401 KAR 51:010 in 2019 by 

updating the attainment status 

designations in Sections 7 through 9 for 

O3, PM less than 2.5 microns in 

diameter (PM2.5), and SO2 to conform 

with EPA’s attainment status 

designations in 40 CFR 81.318. 

Regulation 401 KAR 51:010 has also 

been amended by making one minor 

textual modification to the NECESSITY, 

FUNCTION, AND CONFORMITY 

section. The details of Kentucky’s 

submission and the rationale for EPA’s 

action are explained in the proposed 

rulemaking. Comments on the October 

19, 2020, NPRM were due on or before 

November 18, 2020. EPA did not receive 

any comments on the October 19, 2020, 

NPRM. EPA is now taking final action 

to approve the above-referenced 

changes. 

II. Incorporation by Reference 

In this notice, EPA is finalizing EPA 

rule 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, state effective November 

19, 2019, which was revised to be 

consistent with the federal attainment 

status designations for the areas within 

the Commonwealth. 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 by the 

Director of the Federal Register 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 9, 2019, because the changes 

are consistent with the CAA and EPA 

regulations. The submission amends 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11871 

and updates Kentucky regulation 401 

KAR 51:010, Attainment status 

designations, to conform with EPA’s 

attainment status designations in 40 

CFR 81.318. EPA is proposing to 

approve these changes because they are 

consistent with the CAA and EPA 

regulations. 

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 

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). 

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 April 30, 2021. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 23, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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, amend Table 1 in 

paragraph (c) under the heading Chapter 

51 Attainment and Maintenance of the 

National Ambient Air Quality Standards 

by revising the entry for ‘‘401 KAR 

51:010 Attainment status designations’’ 

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 51 Attainment and Maintenance of the National Ambient Air Quality Standards 

*******

401 KAR 51:010 ............................ Attainment status designations ..... 11/19/2019 3/1/2021, [Insert citation of publication].

* * * * * * * 

11872 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

* * * * * 

[FR Doc. 2021–04057 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0116; FRL–10020– 

52–Region 5] 

Air Plan Approval; Illinois; Removal of 

Variance for Illinois Power Holdings 

and AmerenEnergy Medina Valley 

Cogen Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Illinois State Implementation Plan 

(SIP) submitted on January 23, 2020, by 

the Illinois Environmental Protection 

Agency (IEPA). The revision removes 

the variance from the sulfur dioxide 

(SO2) requirements of the Illinois 

Administrative Code (IAC) MultiPollutant Standard Rule for coal-fired 

electrical generating units (EGUs) 

owned by the Illinois Power Holdings, 

LLC (IPH) and the AmerenEnergy 

Medina Valley Cogen, LLC (Medina 

Valley), and will reimpose tighter limits 

on all facilities currently in operation. 

DATES: The final is effective March 31, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0116. 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 

(CBI) 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 through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What is being addressed in this 

document? 

This rule approves IEPA’s January 23, 

2020, submission to remove the 

variance (PCB 14–10) from the Illinois 

SIP, for IPH and Medina Valley, and 

will reimpose tighter limits on all 

facilities currently in operation under 

35 IAC Section 225.233. The 

background for this action is discussed 

in detail in EPA’s notice of proposed 

rulemaking (NPRM), dated September 

18, 2020 (85 FR 58320). 

II. What comments did we receive on 

the proposed rule? 

In the NPRM, EPA provided a 30-day 

review and comment period for the 

proposed rule. The comment period 

ended on October 19, 2020. We received 

no adverse comments on the proposed 

rule. 

EPA did, however, receive one 

anonymous comment that did not 

explain or provide a legal basis for why 

the proposed action should differ, and 

therefore requires no further response. 

III. What action is EPA taking? 

EPA is approving IEPA’s January 23, 

2020, request to revise the Illinois SIP 

by removing PCB 14–10 from the SIP for 

IPH and Medina Valley. 

IV. Incorporation by Reference 

In this document, EPA is amending 

regulatory text that includes 

incorporation by reference. As described 

in the amendments to 40 CFR part 52 set 

forth below, EPA is removing provisions 

of the EPA-Approved Illinois SourceSpecific Requirements from the Illinois 

SIP, which is incorporated by reference 

in accordance with the requirements of 

1 CFR part 51. EPA has made, and will 

continue to make the SIP generally 

available through www.regulations.gov 

and at the EPA Region 5 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 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). 

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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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