42034 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations 

The SIP does not apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, this action 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: August 7, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 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 N—Idaho 

■ 2. In § 52.670, the table in paragraph 

(c) is amended by: 

■ a. Revising entry 107; and 

■ b. Removing entry 582. 

The revision reads as follows: 

§ 52.670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IDAHO REGULATIONS AND STATUTES

State citation Title/subject State effective date EPA approval date Explanations 

Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho 

*******

107 ..................... Incorporation by Reference .. 3/28/2018, 3/25/2016, 3/20/ 

2014, 3/30/2007, 7/1/1997, 

5/1/1994.

8/20/2018 [Insert Federal 

Register citation].

Except Section 107.03.f 

through 107.03.p. 

* * * * * * * 

* * * * * 

[FR Doc. 2018–17825 Filed 8–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2017–0390; FRL–9982– 

70—Region 4] 

Air Plan Approval and Air Quality 

Designation; KY; Redesignation of the 

Kentucky Portion of the Louisville 

Unclassifiable Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On May 4, 2018, the 

Commonwealth of Kentucky, through 

the Kentucky Energy and Environment 

Cabinet, Division for Air Quality 

(KDAQ), submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the portion of Kentucky 

that is within the bi-state Louisville, 

KY-IN fine particulate matter (PM2.5) 

unclassifiable area (hereinafter referred 

to as the ‘‘bi-state Louisville Area’’ or 

‘‘Area’’) to unclassifiable/attainment for 

the 2012 primary annual PM2.5 national 

ambient air quality standard (NAAQS). 

The bi-state Louisville Area consists of 

Jefferson County and a portion of Bullitt 

County in Kentucky, as well as Clark 

and Floyd Counties in Indiana. EPA is 

approving the State’s request and 

redesignating the Area to unclassifiable/ 

attainment for the 2012 primary annual 

PM2.5 NAAQS based upon valid, 

quality-assured, and certified ambient 

air monitoring data showing that the 

PM2.5 monitors in the bi-state Louisville 

Area are in compliance with the 2012 

primary annual PM2.5 NAAQS. 

DATES: This rule will be effective 

September 19, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0390. All documents in the docket 

are listed on the www.regulations.gov 

website. 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, 

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 by telephone at (404) 562– 

9644 or via electronic mail at 

sanchez.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 14, 2012, EPA revised 

the primary annual NAAQS for PM2.5 at 

a level of 12 micrograms per cubic meter 

(mg/m3), based on a 3-year average of 

annual mean PM2.5 concentrations. See 

78 FR 3085 (January 15, 2013). EPA 

established the standards based on 

significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposures to particulate matter. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 


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Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations 42035 

1For the initial PM area designations in 2014 (for 

the 2012 annual PM2.5 NAAQS), EPA used a 

designation category of ‘‘unclassifiable/attainment’’ 

for areas that had monitors showing attainment of 

the standard and were not contributing to nearby 

violations and for areas that did not have monitors 

but for which EPA had reason to believe were likely 

attaining the standard and not contributing to 

nearby violations. EPA used the category 

‘‘unclassifiable’’ for areas in which EPA could not 

determine, based upon available information, 

whether or not the NAAQS was being met and/or 

EPA had not determined the area to be contributing 

to nearby violations. EPA reserves the ‘‘attainment’’ 

category for when EPA redesignates a 

nonattainment area that has attained the relevant 

NAAQS and has an approved maintenance plan. 

107(d)(1) of the CAA. On December 18, 

2014, EPA designated the majority of 

areas across the country as 

nonattainment, unclassifiable/ 

attainment, or unclassifiable1 for the 

2012 PM2.5 NAAQS based upon air 

quality monitoring data from monitors 

for calendar years 2011–2013. See 80 FR 

2206 (January 15, 2015). EPA’s January 

15, 2015, rulemaking notice also 

described a process by which EPA 

would evaluate any complete, qualityassured, certified air quality monitoring 

data from 2014 that a state submitted for 

consideration before February 27, 2015. 

EPA stated that it would evaluate 

whether, with the inclusion of certified 

2014 data, the 3-year design value for 

2012–2014 suggests that a change in the 

initial designation would be appropriate 

for an area. If EPA agreed that a change 

in the initial designation would be 

appropriate, EPA would withdraw the 

designation announced in the January 

15, 2015, notice for such area before the 

effective date and issue another 

designation reflecting the inclusion of 

2014 data. 

In a follow-up designation action 

published on April 7, 2015 (80 FR 

18535), EPA designated five areas as 

unclassifiable/attainment in Georgia, 

including two neighboring counties in 

the bordering states of Alabama and 

South Carolina, that were initially 

deferred in EPA’s January 15, 2015, 

rulemaking. In the same action, EPA 

changed the designations for one area in 

Ohio, two areas in Pennsylvania, and 

one bi-state area with portions in 

Kentucky and Ohio from nonattainment 

to unclassifiable/attainment. The bistate Louisville Area was changed from 

nonattainment to unclassifiable. 

On May 4, 2018, Kentucky submitted 

a request for EPA to redesignate the bistate Louisville Area to unclassifiable/ 

attainment for the 2012 primary annual 

PM2.5 NAAQS now that there is 

sufficient data to determine that the 

Area is in attainment. In a notice of 

proposed rulemaking (NPRM) published 

on May 30, 2018 (83 FR 24714), EPA 

proposed to approve the State’s request 

to redesignate the Kentucky portion of 

the bi-state Louisville Area to 

unclassifiable/attainment for the 2012 

primary annual PM2.5 NAAQS. The 

details of Kentucky’s submittal and the 

rationale for EPA’s actions are further 

explained in the NPRM. EPA did not 

receive any adverse comments on the 

proposed action. 

II. Final Action 

EPA is approving Kentucky’s 

redesignation request and redesignating 

the Kentucky portion of the bi-state 

Louisville Area from unclassifiable to 

unclassifiable/attainment for the 2012 

primary annual PM2.5 NAAQS. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to unclassifiable/attainment is an 

action that affects the status of a 

geographical area and does not impose 

any additional regulatory requirements 

on sources beyond those imposed by 

state law. A redesignation to 

unclassifiable/attainment does not in 

and of itself create any new 

requirements. Accordingly, this action 

merely redesignates an area to 

unclassifiable/attainment and does not 

impose additional requirements. 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 an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because redesignations 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 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 

• will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

This final redesignation action is not 

approved to apply to 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 October 19, 2018. 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 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 8, 2018. 

Onis ‘‘Trey’’ Glenn, III 

Regional Administrator, Region 4. 

40 CFR part 81 is amended as follows: 


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42036 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.318, the table entitled 

‘‘Kentucky-2012 Annual PM2.5 NAAQS’’ 

is amended under the heading 

‘‘Louisville, KY-IN:’’ by revising the 

entries for ‘‘Bullitt County (part)’’ and 

‘‘Jefferson County’’ to read as follows: 

§ 81.318 Kentucky. 

* * * * * 

KENTUCKY—2012 ANNUAL PM2.5 NAAQS 

[Primary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Louisville, KY-IN: 

Bullitt County (part) .............................................. August 20, 2018 ............... Unclassifiable/Attainment. 

2010 Census tracts: 201.01, 201.02, 

201.03, 202.01, 202.02, 203, 204, 205, 

206.01, 206.02, 207.01, 207.02, 208, 

211.01 and 211.02.

Jefferson County .................................................. August 20, 2018 ............... Unclassifiable/Attainment. 

* * * * * * * 

1 Includes areas of Indian country located in each county or area, except as otherwise specified. 

2This date is April 15, 2015, unless otherwise noted. 

* * * * * 

[FR Doc. 2018–17935 Filed 8–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2017–0553; FRL–9982– 

19—Region 3] 

District of Columbia: Final 

Authorization of District Hazardous 

Waste Management Program 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final authorization. 

SUMMARY: The EPA is granting the 

District of Columbia (the District) final 

authorization for revisions to its 

hazardous waste management program 

under the Resource Conservation and 

Recovery Act (RCRA). The Agency 

published a proposed rule on June 11, 

2018 and provided for public comment. 

No comments relevant to the proposed 

revisions were received. No further 

opportunity for comment will be 

provided. 

DATES: This final authorization is 

effective on August 20, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R03–RCRA–2017–0553. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some of 

the information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy. 

You may view and copy the District’s 

application from 9:00 a.m. to 5:00 p.m., 

Monday through Friday at the following 

locations: District of Columbia 

Department of Energy and Environment, 

Environmental Services Administration, 

Hazardous Waste Branch, 1200 First 

Street NE, 5th Floor, Washington, DC, 

Phone number: (202) 654–6031, Attn: 

Barbara Williams; and EPA Region III, 

Library, 2nd Floor, 1650 Arch Street, 

Philadelphia, PA 19103–2029, Phone 

number: (215) 814–5254. 

FOR FURTHER INFORMATION CONTACT: Sara 

Kinslow, U.S. EPA Region III, RCRA 

Waste Branch, Mailcode 3LC32, 1650 

Arch Street, Philadelphia, PA 19103– 

2029, phone number: (215) 814–5577, 

email: kinslow.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. What revisions is EPA authorizing 

with this action? 

On August 15, 2012, the District 

submitted a final complete program 

revision application (with subsequent 

corrections) seeking authorization of 

revisions to its hazardous waste 

management program in accordance 

with 40 CFR 271.21. EPA now makes a 

final decision that the District’s 

hazardous waste management program 

revisions are equivalent to, consistent 

with, and no less stringent than the 

Federal program, and therefore satisfy 

all of the requirements necessary to 

qualify for final authorization. For a list 

of District rules that are being 

authorized with this final authorization 

please see the proposed rule published 

in the June 11, 2018 Federal Register at 

83 FR 26917. 

B. What is codification and is EPA 

codifying the District of Columbia’s 

hazardous waste program as 

authorized in this authorization? 

Codification is the process of placing 

a state’s statutes and regulations that 

comprise that state’s authorized 

hazardous waste program into the Code 

of Federal Regulations. EPA does this by 

referencing the authorized state rules in 

40 CFR part 272. EPA is not codifying 

the authorization of the District’s 

revisions at this time. However, EPA 

reserves the amendment of 40 CFR part 

272, subpart J, for codification of this 

authorization of the District’s hazardous 

waste management program until a later 

date. 

C. Statutory and Executive Order 

Reviews 

This final authorization revises the 

District’s authorized hazardous waste 

management program pursuant to 

section 3006 of RCRA and imposes no 

requirements other than those currently 

imposed by District law. For further 

information on how this authorization 

complies with applicable executive 

orders and statutory provisions, please 

see the proposed rule published in the 

June 11, 2018 Federal Register at 83 FR 

26917. 


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