[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

[[Page 47857]]

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]
 BILLING CODE 6560-50-P