42746 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 

* * * * * 

(d) Compliance date. The owners and 

operators of the BART sources subject to 

this section shall comply with the 

emission limitations and other 

requirements of this section as follows, 

unless otherwise indicated in specific 

paragraphs: Compliance with PM 

emission limits is required by November 

17, 2012. Compliance with SO2 and 

NOX emission limits is required by 

April 16, 2013, unless installation of 

additional emission controls is 

necessary to comply with emission 

limitations under this rule, in which 

case compliance is required by October 

18, 2017. 

Note to Paragraph (d): On June 9, 2015, the 

NOX and SO2 emission limits, and thereby 

compliance dates, for Colstrip Units 1 and 2 

and Corette were vacated by court order. 

* * * * * 

(f) Compliance determinations for 

particulate matter—(1) EGU particulate 

matter BART emission limits. 

Compliance with the particulate matter 

BART emission limits for each EGU 

BART unit shall be determined by the 

owner/operator from annual 

performance stack tests. Within 60 days 

of the compliance deadline specified in 

paragraph (d) of this section, and on at 

least an annual basis thereafter, the 

owner/operator of each unit shall 

conduct a stack test on each unit to 

measure the particulate emissions using 

EPA Method 5, 5B, 5D, or 17, as 

appropriate, in 40 CFR part 60, 

appendix A. A test shall consist of three 

runs, with each run at least 120 minutes 

in duration and each run collecting a 

minimum sample of 60 dry standard 

cubic feet. Results shall be reported by 

the owner/operator in lb/MMBtu. The 

results from a stack test meeting the 

requirements of this paragraph (f)(1) that 

was completed within 12 months prior 

to the compliance deadline can be used 

in lieu of the first stack test required. If 

this option is chosen, then the next 

annual stack test shall be due no more 

than 12 months after the stack test that 

was used. In addition to annual stack 

tests, owner/operator shall monitor 

particulate emissions for compliance 

with the BART emission limits in 

accordance with the applicable 

Compliance Assurance Monitoring 

(CAM) plan developed and approved in 

accordance with 40 CFR part 64. 

(2) Cement kiln particulate matter 

BART emission limits. Compliance with 

the particulate matter BART emission 

limits for each cement kiln shall be 

determined by the owner/operator from 

annual performance stack tests. Within 

60 days of the compliance deadline 

specified in paragraph (d) of this 

section, and on at least an annual basis 

thereafter, the owner/operator of each 

unit shall conduct a stack test on each 

unit to measure particulate matter 

emissions using EPA Method 5, 5B, 5D, 

or 17, as appropriate, in 40 CFR part 60, 

appendix A. A test shall consist of three 

runs, with each run at least 120 minutes 

in duration and each run collecting a 

minimum sample of 60 dry standard 

cubic feet. The average of the results of 

three test runs shall be used by the 

owner/operator for demonstrating 

compliance. The results from a stack 

test meeting the requirements of this 

paragraph (f)(2) that was completed 

within 12 months prior to the 

compliance deadline can be used in lieu 

of the first stack test required. If this 

option is chosen, then the next annual 

stack test shall be due no more than 12 

months after the stack test that was 

used. Clinker production shall be 

determined in accordance with the 

requirements found at 40 CFR 60.63(b). 

Results of each test shall be reported by 

the owner/operator as the average of 

three valid test runs. In addition to 

annual stack tests, owner/operator shall 

monitor particulate emissions for 

compliance with the BART emission 

limits in accordance with the applicable 

Compliance Assurance Monitoring 

(CAM) plan developed and approved in 

accordance with 40 CFR part 64. 

* * * * * 

(ii) For Trident, the emission rate (E) 

of particulate matter shall be computed 

by the owner/operator for each run in 

lb/ton clinker, using the following 

equation: 

E = (CsQs)/PK 

Where: 

E = emission rate of PM, lb/ton of clinker 

produced; 

Cs = concentration of PM in grains per 

standard cubic foot (gr/scf); 

Qs = volumetric flow rate of effluent gas, 

where Cs and Qs are on the same basis 

(either wet or dry), scf/hr; 

P = total kiln clinker production, tons/hr; and 

K = conversion factor, 7,000 gr/lb. 

* * * * * 

[FR Doc. 2017–19210 Filed 9–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0361; FRL–9967–57– 

Region 4] 

Air Plan Approval; KY; Revisions to 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the State Implementation Plan 

(SIP) submission submitted by the 

Commonwealth of Kentucky, through 

the Kentucky Division for Air Quality 

(KDAQ), on September 9, 2016. The 

changes to the SIP that EPA is taking 

final action to approve pertain to 

changes to the Commonwealth’s air 

quality standards for carbon monoxide 

(CO), lead (Pb), nitrogen dioxide (NO2), 

ozone, particulate matter (both PM10

and PM2.5), and sulfur dioxide (SO2) to 

reflect the historical and current 

National Ambient Air Quality Standards 

(NAAQS). EPA has determined that the 

September 9, 2016, SIP revision is 

consistent with the Clean Air Act (CAA 

or Act). KDAQ’s submission also 

included additional air quality 

standards for hydrogen sulfide, 

fluorides, and odor; however, EPA is not 

approving these state standards into the 

SIP. 

DATES: This rule will be effective 

October 12, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0361. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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. 


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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 42747 

1 62 FR 27968 (May 22, 1997). 

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 

govern the establishment, review, and 

revision, as appropriate, of the NAAQS 

to protect public health and welfare. 

The CAA requires periodic review of the 

air quality criteria—the science upon 

which the standards are based—and the 

standards themselves. EPA’s regulatory 

provisions that govern the NAAQS are 

found at 40 CFR 50—National Primary 

and Secondary Ambient Air Quality 

Standards. 

In a proposed rulemaking published 

on July 17, 2017, EPA proposed to 

approve changes to the 

Commonwealth’s regulations for 

ambient air quality standards in the 

Kentucky SIP, submitted by the 

Commonwealth on September 9, 2016. 

See 82 FR 32671. The September 9, 

2016, submission amends the 

Commonwealth’s regulations for 

ambient air quality standards which are 

found at 401 KAR 53:010. The revision 

also includes textual changes to 

language in the regulation to provide 

regulatory clarity, as well as updating 

and reformatting the Appendix A table 

of ambient air quality standards and 

Appendix A footnotes. 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 August 16, 2017. EPA received 

no adverse comments on the proposed 

action. 

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 53:010—Ambient air quality 

standards, effective July 19, 2016. EPA 

has made, and will continue to make, 

these documents generally available 

through www.regulations.gov and/or 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.1

III. Final Action 

EPA is taking final action to approve 

the Commonwealth of Kentucky SIP 

revision submitted on September 9, 

2016. The submission revises Kentucky 

regulation 401 KAR 53:010 to reflect 

changes to the Commonwealth’s air 

quality standards for CO, Pb, NO2, 

ozone, both PM10 and PM2.5, and SO2 to 

reflect the historical and current 

NAAQS. The revision also includes 

textual changes to language in the 

regulation to provide regulatory clarity, 

as well as updating and reformatting the 

Appendix A table of ambient air quality 

standards and Appendix A footnotes. 

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 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 November 13, 2017. 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 


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42748 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 25, 2017. 

V. Anne Heard, 

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. Section 52.920(c), Table 1 is 

amended under Chapter 53 by revising 

the entry for ‘‘401 KAR 53:010’’ 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 53 Ambient Air Quality 

*******

401 KAR 53:010 ..... Ambient air quality standards ..... 07/19/16 09/12/17, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2017–19212 Filed 9–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 403 

[CMS–6076–IFR2] 

RIN 0991–AC0 

Adjustment of Civil Monetary Penalties 

for Inflation; Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule; correcting 

amendment. 

SUMMARY: In the September 6, 2016 

Federal Register (81 FR 61538), we 

published an interim final rule (IFR) 

issuing a new regulation to adjust for 

inflation the maximum civil monetary 

penalty amounts for the various civil 

monetary penalty authorities for all 

agencies within HHS. This correcting 

amendment corrects a limited number 

of technical and typographical errors 

identified in the CMS provisions of the 

September 6, 2016 IFR. 

DATES:

Effective date: This correcting 

amendment is effective September 12, 

2017. 

Applicability date: The corrections 

indicated in this correcting amendment 

are applicable beginning September 6, 

2016. 

FOR FURTHER INFORMATION CONTACT: Ian 

Mahoney, (410) 786–4247. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the September 6, 2016 (81 FR 

61538) Federal Register, in the interim 

final rule (IFR) titled ‘‘Adjustment of 

Civil Monetary Penalties for Inflation,’’ 

there is a technical error identified and 

corrected in this correcting amendment. 

The provisions of this correcting 

amendment are effective as if they had 

been included in the IFR published on 

September 6, 2016 and, accordingly, are 

applicable beginning September 6, 2016. 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (the 2015 Act) (section 701 of the 

Bipartisan Budget Act of 2015, Pub. L. 

114–74, enacted on November 2, 2015), 

which amended the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (the Inflation Adjustment Act) 

(Pub. L. 101–410, 104 Stat. 890 (1990) 

(codified as amended at 28 U.S.C. 2461 

note 2(a)), is intended to improve the 

effectiveness of civil monetary penalties 

and to maintain the deterrent effect of 

such penalties by requiring agencies to 

adjust the civil monetary penalties for 

inflation on an initial basis and 

annually. The U.S. Department of 

Health and Human Services (HHS) lists 

the civil monetary penalties and the 

penalty amounts administered by all of 

its agencies in tabular form in 45 CFR 

102.3. 

II. Summary of Errors 

On page 61561 of the IFR, in the table 

indicating the changes in regulations 

text for § 403.912(a)(1), we inadvertently 

made errors in the specifying the 

minimum and maximum civil monetary 

penalty amounts to which the inflation 

adjustment would be applied (the ‘‘base 

penalty range’’). Specifically, we 

inadvertently changed the base penalty 

range from $1,000 and $10,000 to 

$10,000 and $100,000, respectively. The 

statutory authority for this civil money 

penalty is section 1128G of the Act (42 

U.S.C. 1320a–7h), which requires 

applicable manufacturers to report 

annually to CMS any payments or other 

transfers of value to covered recipients. 

In addition, the statute requires 

applicable manufacturers and 

applicable group purchasing 

organizations to report annually to CMS 

ownership investment interests held by 

physicians or their family members in 

such entities. Section 1128G(b)(1) of the 

Act provides that if an applicable 

manufacturer or applicable group 

purchasing organization fails to report 

the required information in timely 

manner to CMS, the entity is subject to 

a civil money penalty amount between 

$1,000 and $10,000 for each payment or 

transfer of value or ownership or 

investment interest not reported, up to 

an annual maximum of $150,000 per 

submission by a reporting entity. 

Accordingly, we are revising 


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