Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules 48051 

Dated: August 5, 2015. 

Chuck Rosenberg, 

Acting Administrator. 

[FR Doc. 2015–19655 Filed 8–10–15; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0248; FRL–9932–19– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Atlanta; Requirements for the 2008 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan revision 

submitted by the State of Georgia, 

through Georgia Environmental 

Protection Division on February 6, 2015, 

to address the base year emissions 

inventory and emissions statements 

requirements for the 2008 8-hour ozone 

national ambient air quality standards 

for the Atlanta, Georgia 2008 8-hour 

ozone nonattainment area (hereinafter 

referred to as the ‘‘Atlanta Area’’). These 

requirements apply to all ozone 

nonattainment areas. The Atlanta Area 

is comprised of 15 counties in Atlanta 

(Bartow, Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, 

Newton, Paulding, and Rockdale). This 

proposed action is being taken pursuant 

to the Clean Air Act and its 

implementing regulations. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

DATES: Written comments must be 

received on or before September 10, 

2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0248 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015– 

0248,’’ Air Regulatory Management 

Section (formerly the Regulatory 

Development Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. Please see the direct 

final rule which is located in the Rules 

section of this Federal Register for 

detailed instructions on how to submit 

comments. 

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: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

A detailed rationale for the approval is 

set forth in the direct final rule and 

incorporated herein by reference. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: July 30, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–19727 Filed 8–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0384; FRL–9932–22– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Kentucky: New 

Sources in or Impacting Nonattainment 

Areas 

AGENCY: Environmental Protection 

Agency 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the Commonwealth of Kentucky’s 

September 23, 2011, State 

Implementation Plan (SIP) revision, 

submitted through the Kentucky 

Division for Air Quality (KY DAQ), 

which modifies the SIP by making 

changes to Kentucky regulation, 

‘‘Review of new sources in or impacting 

upon nonattainment areas.’’ EPA has 

preliminarily determined that 

Kentucky’s requested SIP revision meets 

the applicable provisions of the Clean 

Air Act (CAA or Act) and EPA 

regulations regarding Nonattainment 

New Source Review (NNSR) permitting. 

DATES: Written comments must be 

received on or before September 10, 

2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2015–0384 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015– 

0384’’, 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. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, 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. Such 


rmajette on DSK2TPTVN1PROD with PROPOSALS
48052 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2015– 

0384. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, i.e., 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 

electronically in 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: Zuri 

Farngalo of the Air Regulatory 

Management Section, in the 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. Mr. 

Farngalo may be reached by phone at 

(404) 562–9152 or via electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 23, 2011, KY DAQ 

submitted a SIP revision to EPA for 

approval that makes several changes to 

Kentucky’s regulations at 401 Kentucky 

Administrative Regulations (KAR) 

51:052, Review of new sources in or 

impacting nonattainment areas. These 

regulations establish air quality 

permitting requirements for the 

construction or modification of major 

stationary sources located within, or 

impacting upon, areas designated 

nonattainment for any primary national 

ambient air quality standard. To ensure 

improvement of air quality in those 

areas, the emissions resulting from 

construction or modification of a major 

stationary source must be offset with 

compensating emission reductions. 

Kentucky’s requested SIP revision 

would revise 401 KAR 51:052 by: (1) 

Changing Section 5, paragraph (6)(b) to 

authorize new or modified sources to 

offset their emission increases with 

emission reductions achieved by 

shutting down an existing unit or 

curtailing production or operating hours 

prior to the new source application date 

(if specified conditions are met), (2) 

adding new and more comprehensive 

language to Section 5, paragraph (6)(b) 

describing how to calculate offsetting 

emission reductions obtained from a 

source shutdown or curtailment (3) 

amending Section 4, paragraph (3)(a) to 

establish an offset ratio of at least 1:1 for 

pollutants other than volatile organic 

compounds (VOCs) and nitrogen oxides 

(NOx), and (4) making changes to the 

introductory paragraph to 401 KAR 

51:052 and Section 5, paragraph (3)(e) 

that update and clarify these provisions. 

II. Analysis of Kentucky’s Submittal 

EPA has reviewed Kentucky’s 

requested changes to 401 KAR 51:052, 

Review of new sources in or impacting 

nonattainment areas, and preliminarily 

concluded that these changes are 

consistent with the applicable CAA 

provisions and EPA’s NNSR permitting 

regulations at 40 CFR 51.165. 

Specifically, the changes to Section 5, 

paragraph (6)(b) of 401 KAR 51:052 

authorizing new or modified sources to 

offset emission increases with emission 

reductions generated by source 

shutdowns or curtailments occurring 

before the filing of a permit application 

for a new project are consistent with 40 

CFR 51.165(a)(3)(ii)(C)(1). Likewise, the 

new regulatory language in Section 5, 

paragraph (6)(b) of 401 KAR 51:052 

describing how to calculate emission 

offsets generated from source 

shutdowns or permanent curtailments 

also is consistent with 40 CFR 

51.165(a)(3)(ii)(C)(1). The change to 

Section 4, paragraph (3)(a) of 401 KAR 

51:052 specifying that increases in 

emissions shall be offset by reductions 

in emissions using a ratio of emission 

decreases to emission increases of at 

least 1:1 is required by 40 CFR 

51.165(a)(9)(i). Finally, the changes to 

the introductory paragraph to 401 KAR 

51:052 and Section 5 paragraph (3)(e) 

simply update and clarify these 

provisions and do not affect the 

consistency of these provisions with 

federal law. EPA has preliminarily 

determined that these changes are 

approvable pursuant to CAA section 110 

and EPA’s NNSR permitting regulations 

at 40 CFR 51.165. 

II. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Kentucky Rule 401 KAR 51:052, Review 

of new sources in or impacting 

nonattainment areas. EPA has made, 

and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

III. Proposed Action 

EPA is proposing to approve the 

Commonwealth of Kentucky’s 

September 23, 2011, SIP revision. EPA 

has preliminarily determined that the 

changes to Kentucky’s Rule 401 KAR 

51:052, Review of new sources in or 

impacting nonattainment areas, are 

approvable because they are consistent 

with CAA section 110 and EPA’s 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules 48053 

regulations regarding NNSR permitting 

at 40 CFR 51.165. 

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. Accordingly, this proposed 

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 proposed 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. 

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 and Volatile organic 

compounds. 

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

Dated: July 30, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–19723 Filed 8–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 224 

[Docket No. 150506425–5425–01] 

RIN 0648–XD941 

Endangered and Threatened Wildlife; 

90-Day Finding on a Petition To List 

the Smooth Hammerhead Shark as 

Threatened or Endangered Under the 

Endangered Species Act 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: 90-day petition finding, request 

for information. 

SUMMARY: We, NMFS, announce a 90- 

day finding on a petition to list the 

smooth hammerhead shark (Sphyrna 

zygaena) range-wide or, in the 

alternative, any identified distinct 

population segments (DPSs), as 

threatened or endangered under the 

Endangered Species Act (ESA), and to 

designate critical habitat concurrently 

with the listing. We find that the 

petition and information in our files 

present substantial scientific or 

commercial information indicating that 

the petitioned action may be warranted. 

We will conduct a status review of the 

species to determine if the petitioned 

action is warranted. To ensure that the 

status review is comprehensive, we are 

soliciting scientific and commercial 

information pertaining to this species 

from any interested party. 

DATES: Information and comments on 

the subject action must be received by 

October 13, 2015. 

ADDRESSES: You may submit comments, 

information, or data on this document, 

identified by the code NOAA–NMFS– 

2015–0103, by either any of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0103. Click the ‘‘Comment Now’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Maggie Miller, NMFS Office of 

Protected Resources (F/PR3), 1315 East 

West Highway, Silver Spring, MD 

20910, USA. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Copies of the petition and related 

materials are available on our Web site 

at http://www.fisheries.noaa.gov/pr/

species/fish/smooth-hammerheadshark.html. 

FOR FURTHER INFORMATION CONTACT: 

Maggie Miller, Office of Protected 

Resources, 301–427–8403. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 27, 2015, we received a 

petition from Defenders of Wildlife to 

list the smooth hammerhead shark 

(Sphyrna zygaena) as threatened or 

endangered under the ESA throughout 

its entire range, or, as an alternative, to 

list any identified DPSs as threatened or 

endangered. To this end, the petitioners 

identified five populations that they 

indicate qualify for protection as DPSs: 

Northeast Atlantic and Mediterranean 

Sea, Northwest Atlantic, Southwest 

Atlantic, Eastern Pacific, and Indo-West 

Pacific. The petition also requests that 

critical habitat be designated for the 

smooth hammerhead shark under the 

ESA. In the case that the species does 

not warrant listing under the ESA, the 

petition requests that the species be 

listed based on its similarity of 

appearance to the listed DPSs of the 

scalloped hammerhead shark (Sphyrna 


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