[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Proposed Rules]
[Pages 47856-47858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20530]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0308; FRL-9984-07--Region 4]
Air Plan Approval; KY; Updates to Attainment Status Designations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Commonwealth of Kentucky, through the Kentucky Division
for Air Quality (KDAQ), submitted a revision to the Kentucky State
Implementation Plan (SIP) on December 13, 2016. The SIP revision
updates, as of October 6, 2016, the description and attainment status
designations for geographic areas within the Commonwealth for several
National Ambient Air Quality Standards (NAAQS). The updates are being
made to conform Kentucky's attainment status tables with the federal
attainment status designations made for these areas. The Environmental
Protection Agency (EPA) is proposing to approve Kentucky's SIP revision
because it is consistent with the Clean Air Act (CAA or Act) and EPA's
regulations.
DATES: Comments must be received on or before October 22, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0308 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be
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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. The telephone number is (404) 562-9644. Ms. Sanchez can
also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA require EPA to set NAAQS for
criteria air pollutants: Ozone (O3), particulate matter
(PM), carbon monoxide (CO), lead (Pb), sulfur dioxide (SO2),
and nitrogen dioxide (NO2), and to undertake periodic review
of these standards. After EPA sets a new NAAQS or revises an existing
standard, the CAA requires EPA to determine if areas of the country
meet the new standards and to designate areas as either nonattainment,
unclassifiable/attainment, or unclassifiable. Such designations inform
the state's planning and implementation of requirements to achieve and
maintain the NAAQS for each area within that state.
Section 107(d) of the CAA governs the process for these initial
area designations. Under this process, states and tribes submit
recommendations to EPA as to whether or not an area is attaining the
NAAQS for criteria air pollutants. EPA then considers these
recommendations as part of its obligation to promulgate the area
designations and boundaries for the new or revised NAAQS. EPA codifies
its designations for areas within each state in 40 CFR part 81.\1\
Under section 107(d) of the CAA, a designation for an area remains in
effect until redesignated by EPA.
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\1\ EPA's attainment status designations for Kentucky are found
at 40 CFR 81.318.
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In this rule, EPA is proposing to approve revisions to Kentucky
regulation 401 KAR 51:010, which updates, as of October 6, 2016, the
description and attainment or nonattainment status of geographic areas
within the Commonwealth with regard to a number of NAAQS. The
Commonwealth of Kentucky last amended Regulation 401 KAR 51:010 in 1997
and, since that time, EPA has promulgated several revisions to the
designations of areas within the Commonwealth. As a result, Kentucky
has amended Regulation 401 KAR 51:010 by updating, as of October 6,
2016, the attainment status designations in Sections 4 through 8 and
Section 10 for CO, Pb, NO2, O3, PM2.5,
and total suspended solids (TSP) \2\ to conform with EPA's designations
as reflected in 40 CFR 81.318. Regulation 401 KAR 51:010 has also been
amended by making minor textual modifications to the NECESSITY,
FUNCTION, AND CONFORMITY section and Section 1 (Definitions) and
Section 2 (Attainment Status Designations). The SIP submittal amending
the Kentucky regulation to incorporate these updates can be found in
the docket at www.regulations.gov and are summarized below.
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\2\ EPA is not acting on the portion of the submittal (Section
9) that modifies the attainment status designations for
SO2.
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II. Analysis of the Kentucky Submittal
On December 15, 2016,\3\ the Commonwealth of Kentucky, through
KDAQ, submitted a revision to the Kentucky SIP. EPA is proposing to
approve portions of the December 15, 2016, submission which amend and
update, as of October 6, 2016, the attainment status designations for
CO, Pb, NO2, O3, PM2.5, and TSP. EPA
is not acting on the portion of the submittal (Section 9) that modifies
the attainment status designations for SO2.
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\3\ EPA notes that the cover letter was dated December 13, 2016.
The submittal date is the date of receipt, which was December 15,
2016.
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Minor textual modifications were made to the NECESSITY, FUNCTION,
AND CONFORMITY section by changing the wording from ``Environmental and
Public Protection Cabinet'' to ``cabinet'' and by changing the word
``prescribe'' to ``promulgate.'' Section 1 (Definitions) was modified
by removing the wording ``as used in Sections 4 through 7 of this
administrative regulation'' from the definition ``Rest of State''; by
re-ordering the definition ``Road'' from subsection (3) to subsection
(2) to be in alphabetical order and by removing the wording ``as used
in Section 2(3) of this administrative regulation'' from the
definition; and by removing the wording ``as used in Section 8 of this
administrative regulation'' from the definition ``Statewide.'' Section
2 (Attainment Status Designations) was modified in subsection (1) by
listing the pollutants in alphabetical order and by adding the
pollutants ``lead,'' ``ozone,'' and ``particulate matter'' to the list;
by rewording ``Section 5 through 8'' to ``Sections 4 through 10''; and
by removing the sentence ``The attainment status of areas of the
Commonwealth of Kentucky with respect to total suspended particulate is
listed in Section 4 of this administrative regulation'' and in
subsection (2) by adding the acronym ``U.S. EPA'' following ``U.S.
Environmental Protection Agency.''
The attainment status tables (Sections 4 through 8 and Section 10)
in 401 KAR 51.010 were re-ordered to be in alphabetical order of the
pollutant--CO, Pb, NO2, O3, PM2.5, and
TSP. The following are the specific revisions made to Sections 4
through 8 and Section 10:
Section 4.--Attainment Status Designations for Carbon Monoxide (CO)
The attainment status designation table for CO was amended to
reflect the attainment status of areas in the Commonwealth of Kentucky
for the 1971 CO NAAQS.
Section 5.--Attainment Status Designations for Lead (Pb)
The attainment status designation table for Pb was amended to
reflect the attainment status of areas in the Commonwealth of Kentucky
for the 2008 Pb NAAQS.
Section 6.--Attainment Status Designations for Nitrogen Oxides (NO2)
The attainment status designation Table (1) for NO2 was
amended to add the ``1971 Annual Standard'' title to the table. Table
(2) was added to reflect the attainment status of areas in the
Commonwealth of Kentucky for the 2010 one-hour NO2 NAAQS.
Section 7.--Attainment Status Designations for Ozone (O3)
The following language was added to subsection (1): ``The 1971 One
(1) Hour Standard was revoked effective June 15, 2005, for all areas in
the Commonwealth of Kentucky. The Cincinnati-Hamilton, Edmonson County,
Huntington-
[[Page 47858]]
Ashland, Lexington-Fayette, Louisville, Owensboro, and Paducah areas
shall be considered maintenance for the one (1) hour national ambient
air quality standards for the purposes of 40 CFR part 51, subpart X.''
The corresponding table for the 1971 O3 standard was
removed.
Table (2) was added to reflect the attainment status designation of
areas in the Commonwealth of Kentucky for the 1997 eight-hour (8-hour)
primary and secondary O3 NAAQS.
Table (3) was added to reflect the attainment status designation of
areas for the 2008 8-hour primary and secondary O3 NAAQS.
Section 8.--Attainment Status Designations for PM2.5
Table (1) was added to reflect the attainment status of areas in
the Commonwealth of Kentucky for the 1997 annual primary and secondary
PM2.5 NAAQS.
Table (2) was added to reflect the attainment status of areas for
the 2012 annual PM2.5 primary NAAQS.
Table (3) was added to reflect the attainment status of areas for
the 1997 twenty-four hour (24-hour) primary and secondary
PM2.5 NAAQS.
Table (4) was added to reflect the attainment status of areas for
the 2006 24-hour primary and secondary PM2.5 NAAQS.
Section 10.--Attainment Status Designations for Total Suspended
Particulates (TSP)
The attainment status designation table for TSP was amended to
reflect the attainment status of areas in the Commonwealth of Kentucky
for the 1971 TSP NAAQS.
EPA has reviewed these changes to the Kentucky regulations for
attainment status designations and is proposing to find that these
changes are consistent with federal regulations, specifically 40 CFR
81.318.
In addition to the revision of attainment status designations in
Sections 4 through 8 and Section 10 of Regulation 401 KAR 51:010, the
SIP submittal includes minor textual modifications to the NECESSITY,
FUNCTION, AND CONFORMITY section and Section 1 (Definitions) and
Section 2 (Attainment Status Designations). EPA is proposing to find
that these are administrative changes that are consistent with the
requirements of the CAA.
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 51:010, Attainment status
designations, effective October 6, 2016, which was revised to be
consistent with the federal attainment status designations for the
areas within the Commonwealth.\4\ EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
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\4\ The incorporation by reference will not include Section 9 of
401 KAR 51:010, as EPA is not acting on Section 9 in this action.
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IV. Proposed Action
EPA is proposing to approve the Commonwealth of Kentucky December
13, 2016, SIP revisions identified in section II above, because these
changes are consistent with the CAA and EPA regulations.
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. This 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 proposed 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 10, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-20530 Filed 9-20-18; 8:45 am]
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