[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Proposed Rules]
[Pages 57141-57144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0444; FRL-9934-42-Region 4]


Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour 
Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the portion of a draft state implementation plan (SIP) revision 
submitted by the Commonwealth of Kentucky, through the Kentucky 
Division of Air Quality (DAQ) on April 15, 2015, for parallel 
processing, that addresses the emissions statement requirements for 
Kentucky's portion of the Cincinnati, Ohio-Kentucky-Indiana 
(Cincinnati, OH-KY-IN) 2008 8-hour ozone national ambient air quality 
standards (NAAQS) nonattainment area (hereinafter referred to as the 
``Cincinnati, OH-KY-IN Area'' or ``Area''). Annual emissions reporting 
(i.e., emissions statements) is required for all ozone nonattainment 
areas. The Area is comprised of Butler, Clermont, Clinton, Hamilton and 
Warren Counties in Ohio; portions of Boone, Campbell, and Kenton 
Counties in Kentucky; and a portion of Dearborn County in Indiana. EPA 
will consider and take action on the Ohio and Indiana submissions 
addressing the emissions statements requirements for their portions of 
this Area in separate actions. This action is being taken pursuant to 
the Clean Air Act (CAA or Act) and its implementing regulations.

DATES: Written comments must be received on or before October 22, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0444, by one of the following methods:

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    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0444,'' 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.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0444. 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: 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 [email protected].

SUPPLEMENTARY INFORMATION: 

I. What is parallel processing?

    Consistent with EPA regulations found at 40 CFR part 51, Appendix 
V, section 2.3.1, for purposes of expediting review of a SIP submittal, 
parallel processing allows a state to submit a plan to EPA prior to 
actual adoption by the state. Generally, the state submits a copy of 
the proposed regulation or other revisions to EPA before conducting its 
public hearing. EPA reviews this proposed state action and prepares a 
notice of proposed rulemaking. EPA's notice of proposed rulemaking is 
published in the Federal Register during the same time frame that the 
state is holding its public process. The state and EPA then provide for 
concurrent public comment periods on both the state action and federal 
action.
    If the revision that is finally adopted and submitted by the state 
is changed in aspects other than those identified in the proposed 
rulemaking on the parallel process submission, EPA will evaluate those 
changes and if necessary and appropriate, issue another notice of 
proposed rulemaking. The final rulemaking action by EPA will occur only 
after the SIP revision has been adopted by the state and submitted 
formally to EPA for incorporation into the SIP.
    On April 15, 2015, the State of Kentucky, through Kentucky DAQ, 
submitted a formal letter request for parallel processing of a draft 
SIP revision that the Commonwealth was already taking through public 
comment. Kentucky DAQ requested parallel processing so that EPA could 
begin to take action on its draft SIP revision in advance of the 
Commonwealth's submission of the final SIP revision, should that be 
necessary. As stated above, the final rulemaking action by EPA will 
occur only after the SIP revision has been: (1) Adopted by Kentucky; 
(2) submitted formally to EPA for incorporation into the SIP; and (3) 
evaluated by EPA, including any changes made by the State after the 
April 15, 2015, draft was submitted to EPA.

II. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. The ambient air quality monitoring data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90 percent, and no single year has less 
than 75 percent data completeness as determined in Appendix I of part 
50.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS, 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Cincinnati, OH-KY-IN Area 
was designated nonattainment for the 2008 8-hour ozone NAAQS on April 
30, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality 
data. See 77 FR 30088. At the time of designation, the Cincinnati, OH-
KY-IN Area was classified as a marginal nonattainment area for the 2008 
8-hour ozone NAAQS.

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On March 6, 2015, EPA finalized a rule entitled ``Implementation of the 
2008 National Ambient Air Quality Standards for Ozone: State 
Implementation Plan Requirements'' (SIP Requirements Rule) that 
establishes the requirements that state, tribal, and local air quality 
management agencies must meet as they develop implementation plans for 
areas where air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80 
FR 12264. This rule establishes nonattainment area attainment dates 
based on Table 1 of section 181(a) of the CAA, including an attainment 
date three years after the July 20, 2012, effective date, for areas 
classified as marginal for the 2008 8-hour ozone NAAQS. Therefore, the 
attainment date for the Cincinnati, OH-KY-IN Area is July 20, 2015.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
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    Based on the nonattainment designation, Kentucky is required to 
develop a nonattainment SIP revision addressing certain CAA 
requirements. Specifically, pursuant to CAA section 182(a)(3)(B), 
Kentucky is required to submit a SIP revision addressing emissions 
statements requirements.
    Ground level ozone is not emitted directly into the air, but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires each state with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NOX or VOC stationary source \2\ located within a 
nonattainment area showing the actual emissions of NOX and 
VOC from that source. The first statement is due three years from the 
area's nonattainment designation, and subsequent statements are due at 
least annually thereafter.
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    \2\ A state may waive the emissions statements requirement for 
any class or category of stationary sources which emit less than 25 
tons per year of VOCs or NOX if the state meets the 
requirements of section 182(a)(3)(B)(ii).
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    On April 15, 2015, Kentucky submitted a draft SIP revision, for 
parallel processing, containing emissions statements requirements 
related to its portion of the Cincinnati, OH-KY-IN Area. EPA is now 
taking action to propose approval of this SIP revision as meeting the 
requirements of section 182(a)(3)(B) of the CAA. More information on 
EPA's analysis of Kentucky's SIP revision is provided below.

III. Analysis of the Commonwealth's Submittal

    Kentucky's April 15, 2015, draft submission seeks to include the 
specific sections of 401 Kentucky Administrative Regulations (KAR) 
52.020--Title V permits, 401 KAR 52:030 Federally-enforceable permits 
for non-major sources, 401 KAR 52:040--State-Origin Permits, and 401 
KAR 52:070--Registration of designated sources identified on pages 8 
and 9 of its submittal into the SIP to meet the emissions statements 
requirements of CAA section 182(a)(3)(B). EPA has preliminarily 
determined that the specific regulatory sections identified on pages 8 
and 9 of the SIP submission, collectively, meet the emissions statement 
requirements of section 182(a)(3)(B) because they require sources that 
emit 25 tons per year or more of VOCs or NOX within the 
Kentucky portion of the Area to submit annual certified statements 
showing actual VOC and NOX emissions.\3\ Consequently, EPA 
is proposing to approve the portion of Kentucky's April 15, 2015, draft 
SIP submission that addresses the emissions statements requirements for 
the Kentucky portion of the Area.
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    \3\ Kentucky's requirement for an emissions statement program is 
listed within its permitting regulations. Kentucky does not have a 
stand-alone regulation addressing the emissions statement 
requirements of section 182(a)(3)(B).
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IV. Incorporation By Reference

    In this proposed rule, EPA is proposing to finalize regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is proposing to finalize the 
incorporate by reference of 401 KAR 52:020--Title V permits, Section 22 
entitled ``Annual Emissions Certification'', first sentence only and 
Section 23 entitled ``Certification by Responsible Official'', 
introductory paragraph text and subsection (4) only; 401 KAR 52:030--
Federally-enforceable permits for nonmajor sources, Section 3 entitled 
``General Provisions'', subsection (4) only, Section 22 entitled 
``Certification by Responsible Official'', introductory text and 
subsection (4) only, and Section 25 entitled ``Sources Subject to Title 
V'', subsection (1) introductory text, subsection (1)(c), and 
subsection (2) introductory text only; 401 KAR 52:040--State-Origin 
Permits, Section 3 entitled ``General Provisions'', subsection (2) 
introductory text, subsection (2)(c), and subsection (3) only, Section 
20 entitled ``Annual Emissions Certification for Specified Sources'', 
subsection (1) only, and Section 21 entitled ``Certification by 
Responsible Official'', introductory text and subsection (4) only; and 
401 KAR 52:070--Registration of designated sources, Section 3 entitled 
``General Provisions'', subsection (2) introductory text, subsection 
(2)(a)(1), and subsection (2)(a)(2) first sentence only. EPA has made, 
and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
Region 4 EPA office (see the ADDRESSES section of this preamble for 
more information).

V. Proposed Action

    EPA is proposing to approve the portion of a draft SIP revision 
submitted by Kentucky on April 15, 2015, that addresses the CAA section 
182(a)(3)(B) emissions statements requirements for the Kentucky portion 
of the Cincinnati, OH-KY-IN Area. EPA has preliminarily concluded that 
this portion of the Commonwealth's draft submission meets the 
requirements of sections 110 and 182 of the CAA.

VI. 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.);

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     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).

In addition, 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, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-23657 Filed 9-21-15; 8:45 am]
 BILLING CODE 6560-50-P