[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Proposed Rules]
[Pages 32671-32673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14944]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0361; FRL-9964-93-Region 4]


Air Plan Approval; KY; Revisions to Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: On September 9, 2016, the Commonwealth of Kentucky, through 
the Kentucky Division for Air Quality (KDAQ), submitted a revision to 
the Kentucky State Implementation Plan (SIP). The Environmental 
Protection Agency (EPA) is proposing to approve 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 is proposing to approve this SIP 
revision because the Commonwealth has demonstrated that these change 
are consistent with the Clean Air Act (CAA or Act). KDAQ's submission 
also includes additional air quality standards for hydrogen sulfide, 
fluorides, and odor; however, EPA is not proposing to approve these 
state standards into the SIP.

DATES: Written comments must be received on or before August 16, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0361 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 via telephone at (404) 562-9644 
or via electronic mail at [email protected].

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 this rulemaking, EPA is proposing to approve changes in 
Kentucky's September 9, 2016, submission amending the Commonwealth's 
regulations for ambient air quality standards to reflect the historical 
and current NAAQS, 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 
SIP submittal amending Kentucky's regulations can be found in the 
docket for this rulemaking at www.regulations.gov and is summarized 
below.

II. EPA's Analysis of Kentucky's SIP Revisions

    The September 9, 2016, SIP submission revises Kentucky regulation 
401 KAR 53:010 by updating the Commonwealth's ambient air quality 
standards to reflect the historical and current NAAQS for CO, Pb, 
NO2, ozone, PM10, PM2.5, and 
SO2; modifying language in the regulation to provide 
regulatory clarity; and updating and reformatting the Appendix A 
ambient air quality standards table and Appendix A footnotes. The 
updates to the air quality standards are discussed in further detail 
below.

a. CO

    On September 13, 1985, EPA revoked the 1-hour and 8-hour secondary 
NAAQS for CO. See 50 FR 37484. Accordingly, in the September 9, 2016, 
SIP submission, Kentucky revised regulation 401 KAR 53:010 to update 
its air quality standards for CO to be consistent with the NAAQS 
promulgated by EPA in 1985.

b. Pb

    On November 12, 2008, EPA promulgated a new 1-hour primary and 
secondary NAAQS for Pb at a level of 0.15 micrograms per cubic meter 
([mu]g/m\3\), based on a rolling 3-month average. See 73 FR 66964. 
Accordingly, in the September 9, 2016, SIP submission, Kentucky revised 
regulation 401 KAR 53:010 to update its air quality standards for Pb to 
be consistent with the NAAQS promulgated by EPA in 2008.

c. NO2

    On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for 
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the 
September 9,

[[Page 32672]]

2016, SIP submission, Kentucky revised regulation 401 KAR 53:010 to 
update its air quality standards for NO2 to be consistent 
with the NAAQS promulgated by EPA in 2010.

d. Ozone

    On July 18, 1997, EPA revoked the 1-hour primary and secondary 
NAAQS for ozone.\1\ To replace the 1-hour primary and secondary NAAQS 
for ozone, EPA promulgated a new primary and secondary 8-hour NAAQS for 
ozone at a level of 0.08 parts per million (ppm), based on an annual 
fourth-highest maximum 8-hour concentration averaged over three years. 
See 62 FR 38856. On March 27, 2008, EPA promulgated a new 8-hour 
primary and secondary NAAQS for ozone at a level of 0.075 ppm, based on 
an annual fourth-highest maximum 8-hour concentration averaged over 
three years. See 73 FR 16483. On October 26, 2015, EPA promulgated a 
new primary and secondary NAAQS for ozone at a level of 0.070 ppm, 
based on an annual fourth-highest maximum 8-hour concentration averaged 
over three years. See 80 FR 65292. At that same time, EPA revoked the 
1997 8-hour primary and secondary NAAQS for ozone.\2\ Accordingly, in 
the September 9, 2016, SIP submission, Kentucky revised regulation 401 
KAR 53:010 to update its air quality standards for ozone to be 
consistent with the NAAQS promulgated by EPA in 1997, 2008, and 2015.
---------------------------------------------------------------------------

    \1\ EPA revoked the 1-hour ozone standard in all areas in 2005. 
However, some areas have continuing obligations under the standard.
    \2\ EPA revoked the 1997 8-hour ozone standard in 2015. However, 
some areas have continuing obligations under the standard.
---------------------------------------------------------------------------

e. Particulate Matter (PM10 and PM2.5)

    On July 18, 1997, EPA promulgated a new 24-hour primary and 
secondary NAAQS for PM2.5 at a level of 65 [mu]g/m\3\, based 
on the 98th percentile of 24-hour PM2.5 concentrations 
averaged over three years. EPA also promulgated a new annual primary 
and secondary NAAQS for PM2.5 at a level of 15.0 [mu]g/m\3\, 
based on the annual arithmetic mean averaged over three years. See 62 
FR 38652. On October 17 2006, EPA revised the 24-hour primary and 
secondary PM2.5 NAAQS to 35 [mu]g/m\3\, based on the 98th 
percentile of 24-hour PM2.5 concentrations averaged over 
three years. At that same time, EPA revoked the annual PM10 
NAAQS. See 71 FR 61144. On December 14, 2012, EPA revised the primary 
annual NAAQS for PM2.5 at a level of 12 [mu]g/m\3\, based on 
the annual arithmetic mean averaged over three years. See 78 FR 3085; 
January 15, 2013. Accordingly, in the September 9, 2016, SIP 
submission, Kentucky revised regulation 401 KAR 53:010 to update its 
air quality standards for PM10 and PM2.5 to be 
consistent with the NAAQS promulgated by EPA in 1997, 2006, and 2012.

f. SO2

    On June 22, 2010, EPA promulgated a revised primary SO2 
NAAQS to an hourly standard of 75 ppb, based on a 3-year average of the 
annual 99th percentile of 1-hour daily maximum concentration. At that 
same time, EPA revoked the 24-hour SO2 NAAQS.\3\ See 75 FR 
35520. Accordingly, in the September 9, 2016, SIP submission, Kentucky 
revised regulation 401 KAR 53:010 to update its air quality standards 
for SO2 to be consistent with the NAAQS promulgated by EPA 
in 2010.
---------------------------------------------------------------------------

    \3\ The 1971 sulfur dioxide standards remain in effect until one 
(1) year after an area is designated for the 2010 standard, except 
that in areas designated nonattainment for the 1971 standards, the 
1971 standards remain in effect until implementation plans to attain 
or maintain the 2010 standards are approved, in accordance with 40 
CFR part 52, subpart S.
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 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).

IV. Proposed Action

    EPA is proposing to approve the Commonwealth of Kentucky September 
9, 2016, SIP revision identified in section II above, because these 
changes are consistent with the CAA.

V. 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 
proposed action merely proposes to approve 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.

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.


[[Page 32673]]


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

    Dated: June 29, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-14944 Filed 7-14-17; 8:45 am]
 BILLING CODE 6560-50-P