[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Proposed Rules]
[Pages 36852-36859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16052]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0155; FRL-9997-30-Region 4]


Air Plan Approval; Kentucky: Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Kentucky State Implementation Plan (SIP) 
concerning the Cross-State Air Pollution Rule (CSAPR) submitted by 
Kentucky on September 14, 2018, as later clarified on December 18, 
2018. Under CSAPR, large electricity generating units (EGUs) in 
Kentucky are subject to Federal Implementation Plans (FIPs) requiring 
the units to participate in CSAPR's federal trading program for annual 
emissions of nitrogen oxides (NOX), one of CSAPR's two 
federal trading programs for ozone season emissions of NOX, 
and one of CSAPR's two federal trading programs for annual emissions of 
sulfur dioxide (SO2). This action proposes to approve into 
the SIP the Commonwealth's regulations requiring large Kentucky EGUs to 
participate in CSAPR state trading programs for ozone season 
NOX emissions, annual NOX emissions, and annual 
SO2 emissions integrated with the CSAPR federal trading 
programs, replacing the corresponding FIP requirements. EPA is 
proposing to approve the SIP revision concerning these CSAPR state 
trading programs because the SIP revision meets the requirements of the 
Clean Air Act (CAA or Act) and EPA's regulations for approval of a 
CSAPR full SIP revision replacing the requirements of a CSAPR FIP. 
Under the CSAPR regulations, approval of this SIP revision would 
automatically eliminate Kentucky units' obligations to participate in 
CSAPR's federal trading programs for ozone season NOX 
emissions, annual NOX emissions, and annual SO2 
emissions under the corresponding CSAPR FIPs addressing interstate 
transport requirements for the 1997 annual fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS), the 
1997 8-hour ozone NAAQS, the 2006 24-hour PM2.5 NAAQS, and 
the 2008 8-hour ozone NAAQS. Approval of the SIP revision would also 
satisfy Kentucky's good neighbor obligation under the CAA to prohibit 
emissions which will significantly contribute to nonattainment or 
interfere with maintenance of the 1997 8-hour ozone NAAQS, 1997 annual 
PM2.5 NAAQS, 2006 24-hour PM2.5 NAAQS, and the 
2008 8-hour ozone NAAQS.

DATES: Comments must be received on or before August 29, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0155 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: D. Brad Akers, Air Regulatory 
Management Section, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Mr. Akers can be reached by telephone at (404) 562-9089 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Summary

    EPA is proposing to approve the September 14, 2018,\1\ revisions to 
the

[[Page 36853]]

Kentucky SIP concerning CSAPR \2\ trading programs for ozone season 
emissions of NOX and annual emissions of NOX and 
SO2. Large EGUs in Kentucky are subject to CSAPR FIPs that 
require the units to participate in the federal CSAPR NOX 
Ozone Season Group 2 Trading Program, federal CSAPR NOX 
Annual Trading Program, and the federal CSAPR SO2 Group 1 
Trading Program. CSAPR also provides a process for the submission and 
approval of SIP revisions to replace the requirements of CSAPR FIPs 
with SIP requirements under which a state's units participate in CSAPR 
state trading programs that are integrated with and, with certain 
permissible exceptions, substantively identical to the CSAPR federal 
trading programs.
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    \1\ The Commonwealth originally requested EPA to fully approve 
good neighbor CAA transport obligations pursuant to CAA section 
110(a)(2)(D)(i)(I) for the 1997 ozone NAAQS, the 1997 
PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the 2010 
nitrogen dioxide (NO2) NAAQS and the 2010 SO2 
NAAQS. However, CSAPR does not address transport for the 2010 1-hour 
NO2 or SO2 NAAQS. Therefore, the Commonwealth 
submitted a clarifying letter on December 18, 2018, to instead 
request that EPA approve its transport obligations for the 1997 
ozone NAAQS, the 1997 PM2.5 NAAQS, the 2006 
PM2.5 NAAQS, and the 2008 ozone NAAQS.
    \2\ Federal Implementation Plans; Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and 
52.39 and subparts AAAAA through EEEEE of 40 CFR part 97).
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    The SIP revision proposed for approval would incorporate into 
Kentucky's SIP state trading program regulations for ozone season 
NOX and annual NOX and SO2 emissions 
that would replace EPA's federal trading program regulations for those 
emissions for the Commonwealth's units.\3\ EPA is proposing to approve 
this SIP revision because it meets the requirements of the CAA and 
EPA's regulations for approval of a CSAPR full SIP revision replacing a 
federal trading program with a state trading program that is integrated 
with and substantively identical to the federal trading program. Under 
the CSAPR regulations, approval of this SIP revision would 
automatically eliminate the obligations of large EGUs in Kentucky to 
participate in CSAPR's federal trading programs for ozone season 
NOX and annual NOX and SO2 emissions 
under the corresponding CSAPR FIPs. EPA proposes to find that approval 
of this SIP revision would satisfy Kentucky's obligations pursuant to 
CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which will 
significantly contribute to nonattainment or interfere with maintenance 
of the 1997 8-hour ozone NAAQS, the 1997 annual PM2.5 NAAQS, 
the 2006 24-hour PM2.5 NAAQS, and the 2008 8-hour ozone 
NAAQS in any other state.
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    \3\ Under Kentucky's regulations, the Commonwealth will retain 
EPA's default allowance allocation methodology and EPA will remain 
the implementing authority for administration of the trading 
program. See sections III and IV.B.2, below.
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    Section II of this document summarizes relevant aspects of the 
CSAPR federal trading programs and FIPs as well as the range of 
opportunities states have to submit SIP revisions to modify or replace 
the FIP requirements while continuing to rely on CSAPR's trading 
programs to address the states' obligations to mitigate interstate air 
pollution. Section III describes the specific conditions for approval 
of such SIP revisions. Section IV contains EPA's analysis of Kentucky's 
SIP submittal. Section V addresses incorporation by reference, and 
Section VI sets forth EPA's proposed action on the submittal. Section 
VII addresses statutory and Executive Order reviews.

II. Background on CSAPR and CSAPR-Related SIP Revisions

    EPA issued CSAPR in July 2011 to address the requirements of CAA 
section 110(a)(2)(D)(i)(I) concerning interstate transport of air 
pollution. As amended (including the 2016 CSAPR Update),\4\ CSAPR 
requires 27 Eastern states to limit their statewide emissions of 
SO2 and/or NOX in order to mitigate transported 
air pollution unlawfully impacting other states' ability to attain or 
maintain four NAAQS: The 1997 annual PM2.5 NAAQS, the 2006 
24-hour PM2.5 NAAQS, the 1997 8-hour ozone NAAQS, and the 
2008 8-hour ozone NAAQS. The CSAPR emissions limitations are defined in 
terms of maximum statewide ``budgets'' for emissions of annual 
SO2, annual NOX, and/or ozone season 
NOX by each covered state's large EGUs. The CSAPR state 
budgets are implemented in two phases of generally increasing 
stringency, with the Phase 1 budgets applying to emissions in 2015 and 
2016 and the Phase 2 (and CSAPR Update) budgets applying to emissions 
in 2017 and later years. As a mechanism for achieving compliance with 
the emissions limitations, CSAPR establishes five federal emissions 
trading programs: A program for annual NOX emissions, two 
geographically separate programs for annual SO2 emissions, 
and two geographically separate programs for ozone-season 
NOX emissions. CSAPR also establishes FIP requirements 
applicable to the large EGUs in each covered state. Currently, the 
CSAPR FIP provisions require each state's units to participate in up to 
three of the five CSAPR trading programs.
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    \4\ See 81 FR 74504 (October 26, 2016). The CSAPR Update was 
promulgated to address interstate pollution with respect to the 2008 
ozone NAAQS and to address a judicial remand of certain original 
CSAPR ozone season NOX budgets promulgated with respect 
to the 1997 ozone NAAQS. See 81 FR at 74505. The CSAPR Update 
established new emission reduction requirements addressing the more 
recent NAAQS and coordinated them with the remaining emission 
reduction requirements addressing the older NAAQS, so that starting 
in 2017, CSAPR includes two geographically separate trading programs 
for ozone season NOX emissions covering EGUs in a total 
of 23 states. See 40 CFR 52.38(b)(1)-(2).
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    CSAPR includes provisions under which states may submit and EPA 
will approve SIP revisions to modify or replace the CSAPR FIP 
requirements while allowing states to continue to meet their transport-
related obligations using either CSAPR's federal emissions trading 
programs or state emissions trading programs integrated with the 
federal programs.\5\ Through such a SIP revision, a state may replace 
EPA's default provisions for allocating emission allowances among the 
state's units, employing any state-selected methodology to allocate or 
auction the allowances, subject to timing conditions and limits on 
overall allowance quantities. In the case of CSAPR's federal trading 
programs for ozone season NOX emissions (or an integrated 
state trading program), a state may also expand trading program 
applicability to include certain smaller electricity generating 
units.\6\ If a state wants to replace CSAPR FIP requirements with SIP 
requirements under which the state's units participate in a state 
trading program that is integrated with and identical to the federal 
trading program even as to the allocation and applicability provisions, 
the state may submit a SIP revision for that purpose as well. However, 
no emissions budget increases or other substantive changes to the 
trading program provisions are allowed. A state whose units are subject 
to multiple CSAPR FIPs and federal trading programs may submit SIP 
revisions to modify or replace either some or all of those FIP 
requirements.
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    \5\ See 40 CFR 52.38, 52.39. States also retain the ability to 
submit SIP revisions to meet their transport-related obligations 
using mechanisms other than the CSAPR federal trading programs or 
integrated state trading programs.
    \6\ States covered by both the CSAPR Update and the 
NOX SIP Call have the additional option to expand 
applicability under the CSAPR NOX Ozone Season Group 2 
Trading Program to include non-electric generating units that would 
have participated in the former NOX Budget Trading 
Program.
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    States can submit two basic forms of CSAPR-related SIP revisions 
effective for emissions control periods in 2017 or later years (or 2019 
or later years in the case of the CSAPR NOX Ozone Season 
Group 2 Trading Program).\7\ Specific conditions for approval of each 
form of SIP revision are set forth in the CSAPR

[[Page 36854]]

regulations, as described in section IV below. Under the first 
alternative--an ``abbreviated'' SIP revision--a state may submit a SIP 
revision that upon approval replaces the default allowance allocation 
and/or applicability provisions of a CSAPR federal trading program for 
the state.\8\ Approval of an abbreviated SIP revision leaves the 
corresponding CSAPR FIP and all other provisions of the relevant 
federal trading program in place for the state's units.
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    \7\ CSAPR also provides for a third, more streamlined form of 
SIP revision that is effective only for control periods in 2016 (or 
2018 in the case of the CSAPR NOX Ozone Season Group 2 
Trading Program) and is not relevant here. See 40 CFR 52.38(a)(3), 
(b)(3), (b)(7); 52.39(d), (g).
    \8\ See 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h).
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    Under the second alternative--a ``full'' SIP revision--a state may 
submit a SIP revision that upon approval replaces a CSAPR federal 
trading program for the state with a state trading program integrated 
with the federal trading program, so long as the state trading program 
is substantively identical to the federal trading program or does not 
substantively differ from the federal trading program except as 
discussed above with regard to the allowance allocation and/or 
applicability provisions.\9\ For purposes of a full SIP revision, a 
state may either adopt state rules with complete trading program 
language, incorporate the federal trading program language into its 
state rules by reference (with appropriate conforming changes), or 
employ a combination of these approaches.
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    \9\ See 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
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    The CSAPR regulations identify several important consequences and 
limitations associated with approval of a full SIP revision. First, 
upon EPA's approval of a full SIP revision as correcting the deficiency 
in the state's implementation plan that was the basis for a particular 
set of CSAPR FIP requirements, the obligation to participate in the 
corresponding CSAPR federal trading program is automatically eliminated 
for units subject to the state's jurisdiction without the need for a 
separate EPA withdrawal action, so long as EPA's approval of the SIP is 
full and unconditional.\10\ Second, approval of a full SIP revision 
does not terminate the obligation to participate in the corresponding 
CSAPR federal trading program for any units located in any Indian 
country within the borders of the state, and if and when a unit is 
located in Indian country within a state's borders, EPA may modify the 
SIP approval to exclude from the SIP, and include in the surviving 
CSAPR FIP instead, certain trading program provisions that apply 
jointly to units in the state and to units in Indian country within the 
state's borders.\11\
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    \10\ See 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
    \11\ See 40 CFR 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi), 
(b)(9)(vi)-(vii), (b)(10)(i); 52.39(f)(4)-(5), (i)(4)-(5), (j).
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    Finally, if at the time a full SIP revision is approved EPA has 
already started recording allocations of allowances for a given control 
period to a state's units, the federal trading program provisions 
authorizing EPA to complete the process of allocating and recording 
allowances for that control period to those units will continue to 
apply, unless EPA's approval of the SIP revision provides 
otherwise.\12\
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    \12\ See 40 CFR 52.38(a)(7), (b)(11)(i); 52.39(k).
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III. Conditions for Approval of CSAPR-Related SIP Revisions

    Each CSAPR-related abbreviated or full SIP revision must meet the 
following general submittal conditions:
     Timeliness and completeness of SIP submittal. The SIP 
submittal completeness criteria in section 2.1 of appendix V to 40 CFR 
part 51 apply. In addition, if a state wants to replace the default 
allowance allocation or applicability provisions of a CSAPR federal 
trading program, the complete SIP revision must be submitted to EPA by 
December 1 of the year before the deadlines described below for 
submitting allocation or auction amounts to EPA for the first control 
period for which the state wants to replace the default allocation and/
or applicability provisions.\13\ This SIP submission deadline is 
inoperative in the case of a SIP revision that seeks only to replace a 
CSAPR FIP and federal trading program with a SIP and a substantively 
identical state trading program integrated with the federal trading 
program.
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    \13\ See 40 CFR 52.38(a)(4)(ii), (a)(5)(vi), (b)(4)(iii), 
(b)(5)(vii), (b)(8)(iv), (b)(9)(viii); 52.39(e)(2), (f)(6), (h)(2), 
(i)(6).
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    In addition to the general submittal conditions, a CSAPR-related 
abbreviated or full SIP seeking to address the allocation or auction of 
emission allowances must meet the following further conditions:
     Methodology covering all allowances potentially requiring 
allocation. For each federal trading program addressed by a SIP 
revision, the SIP revision's allowance allocation or auction 
methodology must replace both the federal program's default allocations 
to existing units \14\ at 40 CFR 97.411(a), 97.511(a), 97.611(a), 
97.711(a), or 97.811(a), as applicable, and the federal trading 
program's provisions for allocating allowances from the new unit set-
aside (NUSA) for the state at 40 CFR 97.411(b)(1) and 97.412(a), 
97.511(b)(1) and 97.512(a), 97.611(b)(1) and 97.612(a), 97.711(b)(1) 
and 97.712(a), or 97.811(b)(1) and 97.812(a), as applicable.\15\ In the 
case of a state with Indian country within its borders, while the SIP 
revision may neither alter nor assume the federal program's provisions 
for administering the Indian country NUSA for the state, the SIP 
revision must include procedures addressing the disposition of any 
otherwise unallocated allowances from an Indian country NUSA that may 
be made available for allocation by the state after EPA has carried out 
the Indian country NUSA allocation procedures.\16\
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    \14\ In the context of the approval conditions for CSAPR-related 
SIP revisions, an ``existing unit'' is a unit for which EPA has 
determined default allowance allocations (which could be allocations 
of zero allowances) in the rulemakings establishing and amending 
CSAPR. Spreadsheets showing EPA's default allocations to existing 
units are posted at https://www.epa.gov/csapr/unit-level-allocations-under-csapr-transport-rule-fips-after-tolling and 
https://www.epa.gov/airmarkets/final-cross-state-air-pollution-rule-update.
    \15\ See 40 CFR 52.38(a)(4)(i), (a)(5)(i), (b)(4)(ii), 
(b)(5)(ii), (b)(8)(iii), (b)(9)(iii); 52.39(e)(1), (f)(1), (h)(1), 
(i)(1).
    \16\ See 40 CFR 97.412(b)(10)(ii), 97.512(b)(10)(ii), 
97.612(b)(10)(ii), 97.712(b)(10)(ii), 97.812(b)(10)(ii).
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     Assurance that total allocations will not exceed the state 
budget. For each federal trading program addressed by a SIP revision, 
the total amount of allowances auctioned or allocated for each control 
period under the SIP revision (prior to the addition by EPA of any 
unallocated allowances from any Indian country NUSA for the state) 
generally may not exceed the state's emissions budget for the control 
period less the sum of the amount of any Indian country NUSA for the 
state for the control period and any allowances already allocated to 
the state's units for the control period and recorded by EPA.\17\ Under 
its SIP revision, a state is free to not allocate allowances to some or 
all potentially affected units, to allocate or auction allowances to 
entities other than potentially affected units, or to allocate or 
auction fewer than the maximum permissible quantity of allowances and 
retire the remainder. Under the CSAPR NOX Ozone Season Group 
2 Trading Program only, additional allowances may be allocated if the 
state elects to expand applicability to non-electric generating units 
that would have been subject to the NOX Budget Trading 
Program established for compliance with the NOX SIP 
Call.\18\
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    \17\ 40 CFR 52.38(a)(4)(i)(A), (a)(5)(i)(A), (b)(4)(ii)(A), 
(b)(5)(ii)(A), (b)(8)(iii)(A), (b)(9)(iii)(A); 52.39(e)(1)(i), 
(f)(1)(i), (h)(1)(i), (i)(1)(i).
    \18\ See 40 CFR 52.38(b)(8)(iii)(A), (b)(9)(iii)(A).
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     Timely submission of state-determined allocations to EPA. 
The SIP

[[Page 36855]]

revision must require the state to submit to EPA the amounts of any 
allowances allocated or auctioned to each unit for each control period 
(other than allowances initially set aside in the state's allocation or 
auction process and later allocated or auctioned to such units from the 
set-aside amount) by the following deadlines.\19\ Note that the 
submission deadlines differ for amounts allocated or auctioned to units 
considered existing units for CSAPR purposes and amounts allocated or 
auctioned to other units.
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    \19\ See 40 CFR 52.38(a)(4)(i)(B)-(C), (a)(5)(i)(B)-(C), 
(b)(4)(ii)(B)-(C), (b)(5)(ii)(B)-(C), (b)(8)(iii)(B)-(C), 
(b)(9)(iii)(B)-(C); 52.39(e)(1)(ii)-(iii), (f)(1)(ii)-(iii), 
(h)(1)(ii)-(iii), (i)(1)(ii)-(iii).

CSAPR NOX Annual, CSAPR NOX Ozone Season Group 1, CSAPR SO2 Group 1, and
                   CSAPR SO2 Group 2 Trading Programs
------------------------------------------------------------------------
                                                        Deadline for
                              Year of the  control  submission to EPA of
            Units                    period            allocations or
                                                       auction results
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Existing....................  2017 and 2018.......  June 1, 2016.
                              2019 and 2020.......  June 1, 2017.
                              2021 and 2022.......  June 1, 2018.
                              2023 and later years  June 1 of the fourth
                                                     year before the
                                                     year of the control
                                                     period.
Other.......................  All years...........  July 1 of the year
                                                     of the control
                                                     period.
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             CSAPR NOX Ozone Season Group 2 Trading Program
------------------------------------------------------------------------
                                                        Deadline for
                               Year of the control  submission to EPA of
            Units                    period            allocations or
                                                       auction results
------------------------------------------------------------------------
Existing....................  2019 and 2020.......  June 1, 2018.
                              2021 and 2022.......  June 1, 2019.
                              2023 and 2024.......  June 1, 2020.
                              2025 and later years  June 1 of the fourth
                                                     year before the
                                                     year of the control
                                                     period.
Other.......................  All years...........  July 1 of the year
                                                     of the control
                                                     period.
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     No changes to allocations already submitted to EPA or 
recorded. The SIP revision must not provide for any change to the 
amounts of allowances allocated or auctioned to any unit after those 
amounts are submitted to EPA or any change to any allowance allocation 
determined and recorded by EPA under the federal trading program 
regulations.\20\
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    \20\ See 40 CFR 52.38(a)(4)(i)(D), (a)(5)(i)(D), (b)(4)(ii)(D), 
(b)(5)(ii)(D), (b)(8)(iii)(D), (b)(9)(iii)(D); 52.39(e)(1)(iv), 
(f)(1)(iv), (h)(1)(iv), (i)(1)(iv).
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     No other substantive changes to federal trading program 
provisions. The SIP revision may not substantively change any other 
trading program provisions, except in the case of a SIP revision that 
also expands program applicability as described below.\21\ Any new 
definitions adopted in the SIP revision (in addition to the federal 
trading program's definitions) may apply only for purposes of the SIP 
revision's allocation or auction provisions.\22\
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    \21\ See 40 CFR 52.38(a)(4), (a)(5), (b)(4), (b)(5), (b)(8), 
(b)(9); 52.39(e), (f), (h), (i).
    \22\ See 40 CFR 52.38(a)(4)(i), (a)(5)(ii), (b)(4)(ii), 
(b)(5)(iii), (b)(8)(iii), (b)(9)(iv); 52.39(e)(1), (f)(2), (h)(1), 
(i)(2).
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    In addition to the general submittal conditions, a CSAPR-related 
abbreviated or full SIP revision seeking to expand applicability under 
the CSAPR NOX Ozone Season Group 1 or CSAPR NOX 
Ozone Season Group 2 Trading Programs (or an integrated state trading 
program) must meet the following further conditions:
     Only electricity generating units with nameplate capacity 
of at least 15 MWe. The SIP revision may expand applicability only to 
additional fossil fuel-fired boilers or combustion turbines serving 
generators producing electricity for sale, and only by lowering the 
generator nameplate capacity threshold used to determine whether a 
particular boiler or combustion turbine serving a particular generator 
is a potentially affected unit. The nameplate capacity threshold 
adopted in the SIP revision may not be less than 15 MWe.\23\ In 
addition or alternatively, applicability under the CSAPR NOX 
Ozone Season Group 2 Trading Program may be expanded to non-electric 
generating units that would have been subject to the NOX 
Budget Trading Program established for compliance with the 
NOX SIP Call.\24\
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    \23\ See 40 CFR 52.38(b)(4)(i), (b)(5)(i), (b)(8)(i), (b)(9)(i).
    \24\ See 40 CFR 52.38(b)(8)(ii), (b)(9)(ii).
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     No other substantive changes to federal trading program 
provisions. The SIP revision may not substantively change any other 
trading program provisions, except in the case of a SIP revision that 
also addresses the allocation or auction of emission allowances as 
described above.\25\
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    \25\ See 40 CFR 52.38(b)(4), (b)(5), (b)(8), (b)(9).
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    In addition to the general submittal conditions and the other 
applicable conditions described above, a CSAPR-related full SIP 
revision must meet the following further conditions:
     Complete, substantively identical trading program 
provisions. The SIP revision must adopt complete state trading program 
regulations substantively identical to the complete federal trading 
program regulations at 40 CFR 97.402 through 97.435, 97.502 through 
97.535, 97.602 through 97.635, 97.702 through 97.735, or 97.802 through 
97.835, as applicable, except as described above in the case of a SIP 
revision that seeks to replace the default allowance allocation and/or 
applicability provisions.\26\
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    \26\ See 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
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     Only non-substantive substitutions for the term ``State.'' 
The SIP revision may substitute the name of the state for the term 
``State'' as used in the federal trading program regulations, but only 
to the extent that EPA determines that the substitutions do not 
substantively change the trading program regulations.\27\
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    \27\ See 40 CFR 52.38(a)(5)(iii), (b)(5)(iv), (b)(9)(v); 
52.39(f)(3), (i)(3).

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[[Page 36856]]

     Exclusion of provisions addressing units in Indian 
country. The SIP revision may not impose requirements on any unit in 
any Indian country within the state's borders and must not include the 
federal trading program provisions governing allocation of allowances 
from any Indian country NUSA for the state.\28\
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    \28\ See 40 CFR 52.38(a)(5)(iv), (b)(5)(v), (b)(9)(vi); 
52.39(f)(4), (i)(4).
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IV. Kentucky's SIP Submittal and EPA's Analysis

A. Kentucky's Submittal

    In CSAPR and the CSAPR Update, EPA found that air pollution 
transported from Kentucky unlawfully affects other states' ability to 
attain or maintain the 1997 8-hour ozone NAAQS, the 1997 annual 
PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, and 
the 2008 8-hour ozone NAAQS. As discussed below, Kentucky's submittal 
addresses each of these NAAQS.
    In the 2011 CSAPR rulemaking, among other findings, EPA determined 
that air pollution transported from Kentucky would unlawfully affect 
other states' ability to attain and maintain the 1997 annual 
PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS, 
established annual NOX and SO2 budgets for 
Kentucky's EGUs representing full remedies for the Commonwealth's 
interstate transport obligations with respect to these NAAQS, and 
implemented the budgets by including the EGUs in annual NOX 
and SO2 trading programs.\29\ Consequently, Kentucky's units 
meeting the CSAPR applicability criteria are currently subject to CSAPR 
FIPs that require participation in the CSAPR NOX Annual 
Trading Program and the CSAPR SO2 Group 1 Trading Program in 
order to address, in full, the Commonwealth's interstate transport 
obligations with respect to both the 1997 annual PM2.5 NAAQS 
and the 2006 24-hour PM2.5 NAAQS.\30\
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    \29\ See 76 FR at 48209-13.
    \30\ See 40 CFR 52.38(a)(2); 52.39(b); 52.940(a); 52.941(a).
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    In the 2011 CSAPR rulemaking, EPA also determined that air 
pollution transported from Kentucky would unlawfully affect other 
states' ability to attain or maintain the 1997 8-hour ozone NAAQS, 
established an ozone season NOX budget for Kentucky's EGUs 
representing a partial remedy for the Commonwealth's interstate 
transport obligations with respect to that NAAQS, and implemented the 
budget by including the EGUs in an ozone season NOX trading 
program.\31\ Later, in the 2016 CSAPR Update rulemaking, using updated 
data and analyses, EPA determined that air pollution transported from 
Kentucky would unlawfully affect other states' ability to maintain the 
2008 8-hour ozone NAAQS, established an ozone season NOX 
budget for Kentucky's EGUs representing a partial remedy for the 
Commonwealth's interstate transport obligations with respect to that 
NAAQS, and implemented the budget by including the units in a new ozone 
season NOX trading program.\32\ Also in the CSAPR Update 
rulemaking, EPA determined that Kentucky's previous ozone season 
NOX budget established in the 2011 CSAPR rulemaking as a 
partial remedy for the Commonwealth's interstate transport obligations 
with respect to the 1997 8-hour ozone NAAQS now represents a full 
remedy with respect to that NAAQS \33\ and coordinated compliance 
requirements by allowing compliance with the new CSAPR Update budget to 
serve the purpose of addressing the Commonwealth's obligations with 
respect to the 1997 and 2008 8-hour ozone NAAQS.\34\ Most recently, in 
a 2018 action approving a revision to Kentucky's SIP, based on further 
updated data and analyses, EPA determined that Kentucky's ozone season 
NOX budget established in the 2016 CSAPR Update rulemaking 
as a partial remedy for the Commonwealth's interstate transport 
obligations with respect to the 2008 8-hour ozone NAAQS now represents 
a full remedy with respect to that NAAQS.\35\ Consequently, Kentucky 
units meeting the CSAPR applicability criteria are currently subject to 
CSAPR Update FIP requirements for participation in the CSAPR 
NOX Ozone Season Group 2 Trading Program in order to 
address, in full, the Commonwealth's interstate transport obligations 
with respect to both the 1997 8-hour ozone NAAQS and the 2008 8-hour 
ozone NAAQS.\36\
---------------------------------------------------------------------------

    \31\ See 76 FR at 48209-13.
    \32\ See 81 FR at 74507-09.
    \33\ Id. at 74525.
    \34\ Id. at 74563 n.169.
    \35\ 83 FR 33730, 33759 (July 17, 2018).
    \36\ See 40 CFR 52.38(b)(2)(iii); 52.940(b)(2).
---------------------------------------------------------------------------

    If approved, Kentucky's September 14, 2018, SIP submission would 
incorporate into the SIP CSAPR state trading program regulations 
implementing the CSAPR and CSAPR Update emissions budgets for Kentucky 
units' ozone season NOX, annual SO2, and annual 
NOX emissions, thereby fully addressing through SIP 
provisions the Commonwealth's interstate transport obligations with 
respect to the 1997 8-hour ozone NAAQS, the 1997 annual 
PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, and 
the 2008 8-hour ozone NAAQS. As described in section II, pursuant to 
the CSAPR regulations, full and unconditional approval of the SIP 
revision by EPA would therefore automatically eliminate Kentucky EGU's 
obligations under the CSAPR and CSAPR Update FIPs to participate in the 
CSAPR federal trading programs.\37\
---------------------------------------------------------------------------

    \37\ See 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
---------------------------------------------------------------------------

    The SIP submittal includes the addition of the following Kentucky 
Administrative Regulations: 401 KAR 51:240 ``Cross-State Air Pollution 
Rule (CSAPR) NOX annual trading program,'' 401 KAR 51:250 
``Cross-State Air Pollution Rule (CSAPR) NOX ozone season 
group 2 trading program,'' and 401 KAR 51:260 ``Cross-State Air 
Pollution Rule (CSAPR) SO2 group 1 trading program.'' In 
general, Kentucky's CSAPR state trading program rules are designed to 
replace the corresponding federal trading program regulations. For 
example, 401 KAR 51:240 ``Cross-State Air Pollution Rule (CSAPR) 
NOX annual trading program'' is designed to replace subpart 
AAAAA of 40 CFR part 97 (i.e., 40 CFR 97.401 through 97.435).
    With regard to form, the CSAPR state trading program rules 
generally incorporate the corresponding federal trading program section 
or sections by reference, with a few exceptions.
    With regard to content, the rules for each Kentucky CSAPR state 
trading program differ from the corresponding CSAPR federal trading 
program regulations in two main ways, as further described below. 
First, the applicability provisions in the Kentucky rules require 
participation in Kentucky CSAPR state trading programs only for units 
in Kentucky, not for units in any other state or in Indian country 
within the borders of Kentucky or any other state. Second, the Kentucky 
rules omit some federal trading program provisions not applicable to 
Kentucky's state trading programs, including provisions setting forth 
the amounts of emissions budgets, NUSAs, Indian country NUSAs, and 
variability limits for other states and provisions relating to EPA's 
administration of Indian country NUSAs.
    The September 14, 2018, SIP revisions were submitted to EPA by a 
letter from the Secretary of the Kentucky Energy and Environment 
Cabinet, as clarified in a subsequent December 18, 2018, letter. The 
letter and enclosures describe steps taken by Kentucky to provide 
public notice prior to adoption of the state rules.

[[Page 36857]]

B. EPA's Analysis of Kentucky's Submittal

    At this time, EPA is proposing to take action on Kentucky SIP 
submissions, which are designed to replace the federal CSAPR 
NOX Ozone Season Group 2 Trading Program, federal CSAPR 
NOX Annual Trading Program, and the federal CSAPR 
SO2 Group 1 Trading Program with regard to Kentucky units.
1. Timeliness and Completeness of Submittal
    Kentucky submitted the SIP revisions to EPA on September 14, 2018, 
and EPA has determined that the submittals comply with the applicable 
minimum completeness criteria in section 2.3 of appendix V to 40 CFR 
part 51. The SIP submission deadline specified in 40 CFR 
52.38(a)(5)(vi), 52.38(b)(9)(viii), and 52.39(f)(6) is defined with 
reference to certain separate CSAPR deadlines for submission of state-
determined allowance allocations to EPA and is therefore inoperative in 
the case of a SIP revision that does not seek to replace the EPA-
administered allowance allocation methodology and process set forth in 
the federal trading program rules. Because Kentucky is seeking to 
replace the federal trading program rules with substantively identical 
state trading program rules and is not seeking to replace the EPA-
administered allowance allocation methodology and process, the SIP 
submission deadline does not apply.\38\
---------------------------------------------------------------------------

    \38\ See 40 CFR 52.38(a)(5)(vi), 52.38(b)(9)(viii), and 
52.39(f)(6).
---------------------------------------------------------------------------

2. Complete, Substantively Identical Trading Program Provisions
    The Kentucky rules adopt state budgets identical to the Ozone 
Season Group 2 NOX budgets and the Phase 2 NOX 
Annual and SO2 Group 1 budgets for Kentucky under the 
federal trading programs. The Kentucky rules also adopt almost all of 
the provisions of the federal CSAPR NOX Ozone Season Group 2 
Trading Program, federal CSAPR NOX Annual Trading Program 
and federal CSAPR SO2 Group 1 Trading Program, including the 
default allowance allocation provisions. Under the Commonwealth's 
rules, EPA would administer the programs and would retain the authority 
to allocate allowances.
    With the following exceptions, the Kentucky rules comprising 
Kentucky's CSAPR state trading program for ozone season NOX 
emissions incorporate by reference all of the provisions of 40 CFR 
97.801 through 97.835, the rules comprising the state program for 
annual NOX emissions incorporate by reference all of the 
provisions of 40 CFR 97.401 through 97.435, and the rules comprising 
the state program for SO2 emissions incorporate by reference 
all of the provisions of 40 CFR 97.601 through 97.635.
    The first exception is that, as discussed subsequently in section 
IV.B.3, 401 KAR 51:240, Section 2, 401 KAR 51:250, Section 2, and 401 
KAR 51:260, Section 2, of the Kentucky rules limit applicability of the 
rules to units located in Kentucky. This modification of the 
applicability provisions in the federal trading program rules is 
appropriate for state trading program rules which necessarily must be 
designed to apply only to sources subject to the state's jurisdiction.
    The second exception is that the Kentucky rules do not incorporate 
the complete provisions of 40 CFR 97.410, 97.810, and 97.610 concerning 
the amounts of emissions budgets, NUSAs, Indian country NUSAs, and 
variability limits for the three CSAPR federal trading programs. 
Instead, Kentucky rules 401 KAR 51:240, Section 3(7), 401 KAR 51:250, 
Section 3(7), and 401 KAR 51:260, Section 3(7) adopt full-text 
replacement provisions specifying (and describing the relationships 
among) the emissions budget, NUSA, and variability limit amounts for 
the three trading programs only as applicable to Kentucky units and 
only for control periods occurring after 2016. The full-text 
replacement provisions adopted by Kentucky are substantively identical 
to the provisions of the respective federal rules that would apply to 
Kentucky units after 2016. For purposes of Kentucky's state trading 
program rules, which apply only to Kentucky units and only starting in 
2018, the omission of provisions of the corresponding federal rules 
that apply to units located in other states or Indian country and 
provisions that applied to Kentucky units only for control periods 
before 2017 is not a substantive change from the federal trading 
program regulations.
    The third exception is that Kentucky rules 401 KAR 51:240, 51:250, 
and 51:260 omit 40 CFR 97.411(b)(2), 97.411(c)(5)(iii), 97.412(b), 
97.421(h), 97.421(j), 97.811(b)(2), 97.811(c)(5)(iii), 97.812(b), 
97.821(h), 97.821(j), 97.611(b)(2), 97.611(c)(5)(iii), 97.612(b), 
97.621(h), and 97.621(j), concerning EPA's administration of Indian 
country NUSAs. Omission of these provisions from Kentucky's state 
trading program rules is required, as discussed in section IV.B.4.
    The final exception is that, only for purposes of units located in 
the Commonwealth, Kentucky rules 401 KAR 51.240, Section 1(2), 401 KAR 
51.250, Section 1(2), and 401 KAR 51.260, Section 1(2), define the term 
``Permitting Authority'' as the Kentucky Energy and Environmental 
Cabinet. The definition in the federal trading program regulations is 
not altered with respect to units located in other states or Indian 
country. Because the term ``permitting authority'' in the federal 
trading program regulations is intended to reference the appropriate 
permitting authority for each unit under 40 CFR part 70 or part 71, the 
definition in Kentucky's rules merely adds specificity without causing 
a substantive change.
    None of the omissions undermine the completeness of Kentucky's 
state trading program regulations, and EPA has determined that 
Kentucky's proposed SIP revision makes no substantive changes to the 
provisions of the federal trading program regulations. Thus, Kentucky's 
SIP revision meets the condition under 40 CFR 52.38(a)(5), 52.38(b)(9), 
and 52.39(f) that the SIP revision must adopt complete state trading 
program regulations substantively identical to the complete federal 
trading program regulations at 40 CFR 97.402 through 97.435, 40 CFR 
97.802 through 97.835, and 97.602 through 97.635, respectively, except 
to the extent permitted in the case of a SIP revision that seeks to 
replace the default allowance allocation and/or applicability 
provisions.
3. Only Non-Substantive Substitutions for the Term ``State''
    401 KAR 51:240, Section 3(2)(b), 401 KAR 51:250, Section 3(2)(b), 
and 401 KAR 51:260, Section 3(2)(b) of the Kentucky rules substitute 
the phrase ``in Kentucky,'' for the phrase ``in a State (and Indian 
country within the borders of such State)'' in the corresponding 
federal trading program regulations at 40 CFR 97.404(a)(1) and (b), 
97.804(a)(1) and (b), and 97.604(a)(1) and (b), respectively. These 
provisions of the Kentucky rules define the units that are required to 
participate in Kentucky's CSAPR state trading programs. The 
substitutions appropriately exclude all units located in other states 
or in Indian country within the borders of any state, thereby limiting 
the applicability of Kentucky's state trading programs to units that 
are subject to Kentucky's jurisdiction. These substitutions do not 
substantively change the provisions of CSAPR's federal trading program 
regulations. The remaining Kentucky rules do not substitute for the 
term ``State'' as used in the federal trading program regulations. 
Kentucky's SIP revision therefore meets the condition under 40 CFR 
52.38(a)(5)(iii),

[[Page 36858]]

52.38(b)(9)(v), and 52.39(f)(3) that the SIP revision may substitute 
the name of the state for the term ``State'' as used in the federal 
trading program regulations, but only to the extent that EPA determines 
that the substitutions do not substantively change the provisions of 
the federal trading program regulations.
4. Exclusion of Provisions Addressing Indian Country
    As discussed above in section IV.B.3, paragraphs 401 KAR 51:240, 
Section 3(2)(b), 401 KAR 51:250, Section 3(2)(b), and 401 KAR 51:260, 
Section 3(2)(b) of the Kentucky rules do not include units in Indian 
country within Kentucky's borders in the applicable requirements of the 
Commonwealth's rules. In addition, as required under 40 CFR 
52.38(a)(5)(iv), 52.38(b)(9)(vi), and 52.39(f)(4), Kentucky's SIP 
revisions exclude federal trading program provisions related to EPA's 
process for allocating and recording allowances from Indian country 
NUSAs (i.e., 40 CFR 97.411(b)(2), 97.411(c)(5)(iii), 97.412(b), 
97.421(h), 97.421(j), 97.811(b)(2), 97.811(c)(5)(iii), 97.812(b), 
97.821(h), 97.821(j), 97.611(b)(2), 97.611(c)(5)(iii), 97.612(b), 
97.621(h), and 97.621(j)). Kentucky's SIP revision therefore meets the 
conditions under 52.38(a)(5)(iv), 52.38(b)(9)(vi), and 52.39(f)(4) that 
a SIP submittal must not impose any requirement on any unit in Indian 
country within the borders of the Commonwealth and must exclude certain 
provisions related to administration of Indian country NUSAs.

V. Incorporation by Reference

    In this document, 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 the Kentucky Regulations 401 KAR 51:240, entitled ``Cross-
State Air Pollution Rule (CSAPR) NOX annual trading 
program''; 401 KAR 51:250, entitled ``Cross-State Air Pollution Rule 
(CSAPR) NOX ozone season group 2 trading program''; and 401 
KAR 51.260, entitled ``Cross-State Air Pollution Rule SO2 
(CSAPR) group 1 trading program.'' The rules became state-effective as 
of July 5, 2018. 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).

VI. Proposed Action

    EPA is proposing to approve Kentucky's September 14, 2018, SIP 
submittals concerning the establishment for Kentucky units of CSAPR 
state trading programs for ozone season NOX emissions and 
annual NOX and SO2 emissions. The proposed 
revisions would adopt into the SIP state trading program rules codified 
in Kentucky regulations at 401 KAR 51:240, ``Cross-State Air Pollution 
Rule (CSAPR) NOX annual trading program,'' 401 KAR 51:250, 
``Cross-State Air Pollution Rule (CSAPR) NOX ozone season 
group 2 trading program,'' and 401 KAR 51.260, ``Cross-State Air 
Pollution Rule (CSAPR) SO2 group 1 trading program.'' These 
Kentucky CSAPR state trading programs would be integrated with the 
federal CSAPR NOX Annual Trading Program, the federal CSAPR 
NOX Ozone Season Group 2 Trading Program, and the federal 
CSAPR SO2 Group 1 Trading Program, respectively, and would 
be substantively identical to the federal trading programs.\39\ If EPA 
approves these SIP revisions, Kentucky units therefore would generally 
be required to meet requirements under Kentucky's CSAPR state trading 
programs equivalent to the requirements the units otherwise would have 
been required to meet under the corresponding CSAPR federal trading 
programs. EPA is proposing to approve the September 14, 2018, SIP 
revisions because they meet the requirements of the CAA and EPA's 
regulations for approval of a CSAPR full SIP revision replacing a 
federal trading program with a state trading program that is integrated 
with and substantively identical to the federal trading program except 
for permissible differences, as discussed in section IV of this action.
---------------------------------------------------------------------------

    \39\ As previously discussed in sections III and IV.B.2, under 
Kentucky's regulations, the Commonwealth will retain EPA's default 
allowance allocation methodology and EPA will remain the 
implementing authority for administration of the trading program.
---------------------------------------------------------------------------

    EPA promulgated FIPs requiring Kentucky units to participate in the 
federal CSAPR NOX Ozone Season Group 2 Trading Program, the 
federal CSAPR NOX Annual Trading Program, and the federal 
CSAPR SO2 Group 1 Trading Program in order to address 
Kentucky's obligations under CAA section 110(a)(2)(D)(i)(I) with 
respect to the 1997 8-hour ozone NAAQS, 1997 annual PM2.5 
NAAQS, 2006 24-hour PM2.5 NAAQS, and 2008 8-hour ozone NAAQS 
in the absence of SIP provisions addressing those requirements. 
Approval of the Kentucky SIP submittals adopting CSAPR state trading 
program rules for ozone season NOX and annual NOX 
and SO2 substantively identical to the corresponding CSAPR 
federal trading program regulations would satisfy Kentucky's obligation 
pursuant to CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which 
will significantly contribute to nonattainment or interfere with 
maintenance of these NAAQS in any other state and therefore would 
correct the same deficiency in the SIP that otherwise would be 
corrected by those CSAPR FIPs. Under the CSAPR regulations, upon EPA's 
full and unconditional approval of a SIP revision as correcting the 
SIP's deficiency that is the basis for a particular CSAPR FIP, the 
obligation to participate in the corresponding CSAPR federal trading 
program is automatically eliminated for units subject to the state's 
jurisdiction (but not for any units located in any Indian country 
within the state's borders).\40\ Approval of Kentucky's SIP submittal 
establishing CSAPR state trading program rules for ozone season 
NOX emissions and annual NOX and SO2 
emissions therefore would result in automatic termination of the 
obligations of Kentucky units to participate in the federal CSAPR 
NOX Ozone Season Group 2 Trading Program, the federal CSAPR 
NOX Annual Trading Program, and the federal CSAPR 
SO2 Group 1 Trading Program.
---------------------------------------------------------------------------

    \40\ See 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j); see also 40 
CFR 52.940(a)(1), (b)(2); 52.941(a).
---------------------------------------------------------------------------

VII. 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.);

[[Page 36859]]

     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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

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

    Dated: July 17, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-16052 Filed 7-29-19; 8:45 am]
 BILLING CODE 6560-50-P