47378 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

1Areas designated as mandatory Class I federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977 (42 U.S.C. 

7472(a)). These areas are listed at 40 CFR part 81, 

subpart D. 

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATION FOR KENTUCKY—Continued 

Reg Title/subject EPA approval 

date Federal Register notice District effective date Explanation 

*******

6.29 .................................... Standards of Performance 

for Existing Graphic Arts 

Facilities Using Rotogravure and Flexography.

10/12/2017 [Insert citation of publication].8/21/2013 

* * * * * * * 

(d) * * * 

EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No. State effective 

date EPA approval date Explanations 

*******

Board Order Louisville Medical 

Center Steam Plant.

NOX RACT Plan 1/18/2017 ........ 1/18/2017 10/12/2017, [Insert citation of 

publication].

* * * * * * * 

Board Order Texas Gas Transmission.NOX RACT Plan 5/18/2016 ........ 5/18/2016 10/12/2017, [Insert citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2017–21943 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0462; FRL–9969– 

26—Region 4] 

Air Plan Approval; Kentucky; Regional 

Haze Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Kentucky through 

the Kentucky Energy and Environment 

Cabinet, Division of Air Quality (KDAQ) 

on September 17, 2014. Kentucky’s 

September 17, 2014, SIP revision 

(Progress Report) addresses 

requirements of the Clean Air Act (CAA 

or Act) and EPA’s rules that require 

each state to submit periodic reports 

describing progress towards reasonable 

progress goals (RPGs) established for 

regional haze and a determination of the 

adequacy of the state’s existing SIP 

addressing regional haze (regional haze 

plan). EPA is finalizing approval of 

Kentucky’s determination that the 

Commonwealth’s regional haze plan is 

adequate to meet these RPGs for the first 

implementation period covering 

through 2018 and requires no 

substantive revision at this time. 

DATES: This rule will be effective 

November 13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0462. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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: 

Michele Notarianni, 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. 

Notarianni can be reached by phone at 

(404) 562–9031 and via electronic mail 

at notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

States are required to submit a 

progress report in the form of a SIP 

revision during the first implementation 

period that evaluates progress towards 

the RPGs for each mandatory Class I 

federal area 1 (Class I area) within the 

state and for each Class I area outside 

the state which may be affected by 

emissions from within the state. 40 CFR 

51.308(g). In addition, the provisions of 

40 CFR 51.308(h) require states to 

submit, at the same time as the 40 CFR 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47379 

51.308(g) progress report, a 

determination of the adequacy of the 

state’s existing regional haze plan. The 

progress report is due five years after 

submittal of the initial regional haze 

plan. On September 17, 2014, Kentucky 

submitted its Progress Report which, 

among other things, detailed the 

progress made in the first period toward 

implementation of the long term 

strategy outlined in the 

Commonwealth’s regional haze plan; 

the visibility improvement measured at 

Mammoth Cave National Park 

(Mammoth Cave), the only Class I area 

within Kentucky, and at Class I areas 

outside of the Commonwealth 

potentially impacted by emissions from 

Kentucky; and a determination of the 

adequacy of the Commonwealth’s 

existing regional haze plan. 

In a notice of proposed rulemaking 

(NPRM) published on August 7, 2017 

(82 FR 36707), EPA proposed to approve 

Kentucky’s Progress Report. The details 

of Kentucky’s submission and the 

rationale for EPA’s actions are explained 

in the NPRM. Comments on the 

proposed rulemaking were due on or 

before September 6, 2017. EPA received 

no adverse comments on the proposed 

action. 

II. Final Action 

EPA is finalizing approval of 

Kentucky’s September 17, 2014, 

Progress Report as meeting the 

applicable regional haze requirements 

set forth in 40 CFR 51.308(g) and (h). 

III. 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 Act. 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 December 11, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Dated: September 28, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

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(e), is amended by 

adding an entry for ‘‘September 2014 

Regional Haze Progress Report’’ at the 

end of the table to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 


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47380 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*******

September 2014 Regional Haze Progress Report ......... Kentucky ..................... 09/17/2014 10/12/2017, [Insert citation of publication].

[FR Doc. 2017–21935 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2017–0446; FRL–9969– 

46—Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revisions to Regulation 

Number 3 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a portion of the State 

Implementation Plan (SIP) revisions 

submitted by the State of Colorado on 

February 25, 2015. The revisions are to 

Colorado Air Quality Control 

Commission (Commission) Regulation 

Number 3, Parts A, B and D. The 

amendments the EPA is taking final 

action on include: Revisions to 

provisions for permitting emissions for 

particulate matter less than 2.5 

micrograms (PM2.5) in Part D, 

modifications to the provisions for filing 

revised Air Pollution Emission Notices 

(APEN) in Part A and updates to public 

notice publication requirements in Part 

B. This action is being taken under 

section 110 of the Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 13, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2017–0446. All documents in the docket 

are listed on the http://

www.regulations.gov index. Although 

listed in the index, some information 

may not be 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 http://

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. The EPA 

requests that you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6227, leone.kevin@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Revisions to PM2.5 Significant Impact 

Level (SIL) and Significant Monitoring 

Concentration (SMC) Provisions 

Colorado’s SIP submittal revises the 

SIL and SMC provisions for PM2.5 in the 

State’s Prevention of Significant 

Deterioration (PSD) permitting program. 

Our proposed rulemaking, which was 

published on August 18, 2017, details 

the relevant court decisions and the 

EPA’s corresponding rulemakings 

regarding PM2.5 SILs and SMCs (See 82 

FR 39396). As explained in our proposal 

notice, Colorado’s submittal is 

consistent with EPA’s revised rules. 

Revisions to APEN Reporting 

Colorado has revised its APEN 

reporting requirements to clarify when a 

revised APEN is required due to a 

significant change in annual actual 

emissions. The revision would clarify 

that the thresholds for determining 

significant changes are based on an 

individual emission unit’s actual 

emissions on a pollutant-by-pollutant 

basis, not on facility-wide emissions. 

This revision simplifies and streamlines 

the requirements for filing revised 

APENs because the source’s actual 

annual emissions are the relevant 

information for inventory and fee 

purposes when reporting past years’ 

emissions or reporting significant 

changes in annual actual emissions. Our 

proposed rulemaking outlines the 

rationale for this revision and provides 

a detailed example of the revision. 

Revisions to Public Notice Requirements 

Previously Part B, Section III.C.4., 

required the State to publish public 

notice of certain proposed minor source 

construction permit applications, 

including sources that apply for a 

permit to limit the potential to emit 

criteria pollutants, in a newspaper of 

general distribution in the area where 

the proposed project will be located or 

by other such method reasonably 

designed to ensure effective public 

notice. We are approving Colorado’s 

revision to include other means 

authorized by state statute and federal 

regulation that are designed to provide 

public notice of the applicable 

permitting action. Please see the notice 

for our proposed rulemaking for details. 

II. Response to Comment 

No comments were received on our 

August 18, 2017 notice of proposed 

rulemaking. 

III. What are the changes that EPA is 

taking final action to approve? 

The EPA is taking final action to 

approve a portion of the SIP revisions as 

submitted by Colorado on February 25, 

2015, pertaining to PM2.5 SILs and 

SMCs. As explained in our proposed 

rulemaking, these changes meet the 

requirements under CAA section 110(l), 

which states that the EPA cannot 

approve a SIP revision that interferes 

with any requirement concerning 

attainment, reasonable further progress, 

or any other applicable requirement of 

the Act. The revisions to the PSD 

program in Part D, Regulation Number 

3 comply with the requirements of 40 

CFR 51.166 as revised by the EPA in 

response to the D.C. Circuit Court of 

Appeals decision regarding PM2.5 SILs 

and SMCs. See 78 FR 73698. 

The EPA is taking final action to 

approve a portion of the SIP revisions as 

submitted by Colorado on February 25, 

2015, pertaining to revisions to 

Colorado’s APEN requirements. These 

revisions, as outlined in our proposed 

rulemaking, comply with section 110(l) 

because the revisions are limited to the 


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