Federal Register - March 1, 2021

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Source: Federal Register

11871

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations and updates Kentucky regulation 401
KAR 51:010, Attainment status designations, to conform with EPAs 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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. 1044;
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 12d 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. 8042.
Under section 307b1 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 307b2.
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 52APPROVAL 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 SKentucky 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 1EPA-APPROVED KENTUCKY REGULATIONS
State citation

Chapter 51

401 KAR 51:010

VerDate Sep<11>2014

State effective date
Title/subject

Explanation

Attainment and Maintenance of the National Ambient Air Quality Standards

Attainment status designations

16:15 Feb 26, 2021

EPA approval date

Jkt 253001

PO 00000

11/19/2019

Frm 00015

Fmt 4700

3/1/2021, Insert citation of publication.

Sfmt 4700

E:FRFM01MRR1.SGM

01MRR1

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Federal Register - March 1, 2021

TitoloFederal Register

PaeseStati Uniti

Data01/03/2021

Conteggio pagine242

Numero di edizioni7798

Prima edizione14/03/1936

Ultima edizione18/06/2026

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