[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47670-47673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15598]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2020-0003; FRL-10011-97-Region 4]


Air Plan Approval and Designation of Areas; Kentucky; 
Redesignation of the Jefferson County 2010 1-Hour Sulfur Dioxide 
Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In a letter dated December 9, 2019, the Commonwealth of 
Kentucky, through the Kentucky Division of Air Quality (KDAQ) on behalf 
of the Louisville Metro Air Pollution Control District (LMAPCD), 
submitted a request for the Environmental Protection Agency (EPA) to 
redesignate the Jefferson County sulfur dioxide (SO2) 
nonattainment area (hereinafter referred to as the ``Jefferson County 
Area'' or ``Area'') to attainment for the 2010 1-hour SO2 
primary national ambient air quality standard (NAAQS or standard) and 
to approve an accompanying state implementation plan (SIP) revision 
containing a maintenance plan for the Area. EPA is taking final action 
to determine that the Jefferson County Area has attained the 2010 1-
hour SO2 NAAQS; to approve the SIP revision containing the 
Commonwealth's plan for maintaining attainment of the 2010 1-hour 
SO2 standard and to incorporate the maintenance plan into 
the SIP; and to redesignate the Jefferson County Area to attainment for 
the 2010 1-hour SO2 NAAQS.

DATES: This rule is effective September 8, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0003. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials can either 
be retrieved electronically via www.regulations.gov or in hard copy at 
the Air Regulatory Management Section, Air Planning and Implementation 
Branch, Air and Radiation Division, U.S. Environmental Protection 
Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. 
EPA requests that if at all possible, you contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Sanchez may be 
reached by phone at (404) 562-9644 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What is the background for the actions?

    On June 2, 2010, EPA revised the primary SO2 NAAQS, 
establishing a new 1-hour SO2 standard of 75 parts per 
billion (ppb). See 75 FR 35520 (June 22,

[[Page 47671]]

2010).\1\ Under EPA's regulations at 40 CFR part 50, the 2010 1-hour 
SO2 NAAQS is met at a monitoring site when the 3-year 
average of the annual 99th percentile of daily maximum 1-hour average 
concentrations is less than or equal to 75 ppb (based on the rounding 
convention in 40 CFR part 50, appendix T). See 40 CFR 50.17. Ambient 
air quality monitoring data for the 3-year period must meet a data 
completeness requirement. A year meets data completeness requirements 
when all four quarters are complete, and a quarter is complete when at 
least 75 percent of the sampling days for each quarter have complete 
data. A sampling day has complete data if 75 percent of the hourly 
concentration values, including state-flagged data affected by 
exceptional events which have been approved for exclusion by the 
Administrator, are reported.\2\
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    \1\ On February 25, 2019, EPA retained the existing 2010 primary 
NAAQS for SO2 of 75 ppb based on the 3-year average of 
the 99th percentile of the annual distribution of 1-hour daily 
maximum concentrations. See 84 FR 9866.
    \2\ See 40 CFR part 50, appendix T, section 3(b).
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    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that does not meet (or that 
contributes to ambient air quality in a nearby area that does not meet) 
the NAAQS. EPA designated the Jefferson County Area as nonattainment 
for the 2010 1-hour SO2 NAAQS, effective on October 4, 2013, 
based on 2009-2011 complete, quality assured, and certified ambient air 
quality data. See 78 FR 47191 (August 5, 2013). Under the CAA, 
nonattainment areas must attain the NAAQS as expeditiously as 
practicable but not later than five years after the October 4, 2013, 
effective date of the designation. See CAA section 192(a). Therefore, 
the Jefferson County Area's applicable attainment date was no later 
than October 4, 2018.
    EPA's 2010 SO2 nonattainment designation for the Area 
triggered an obligation for Kentucky to develop a nonattainment SIP 
revision addressing certain requirements under title I, part D, subpart 
1 (hereinafter ``Subpart 1''), and to submit that SIP revision to EPA 
in accordance with the deadlines in title I, part D, subpart 5 
(hereinafter ``Subpart 5''). Subpart 1 contains the general 
requirements for nonattainment areas for criteria pollutants, including 
requirements to develop a SIP that provides for the implementation of 
reasonably available control measures, requires reasonable further 
progress, includes base-year and attainment-year emissions inventories, 
includes a SIP-approved nonattainment new source review (NNSR) 
permitting program, requires enforceable emission limitations and other 
such control measures, and provides for the implementation of 
contingency measures. This SIP revision was due within 18 months 
following the October 4, 2013, effective date of designation (i.e., 
April 4, 2015). See CAA section 191(a). Kentucky submitted a 
nonattainment SIP revision to EPA on June 23, 2017.\3\
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    \3\ EPA published a notice on March 18, 2016 (81 FR 14736), 
announcing its finding that Kentucky (and other pertinent states) 
had failed to submit the required SO2 nonattainment plan 
by the submittal deadline. The finding initiated a deadline under 
CAA section 179(a) for the potential imposition of NNSR offset and 
highway funding sanctions. However, pursuant to Kentucky's submittal 
of June 23, 2017 (received by EPA on July 6, 2017), and EPA's 
subsequent letter dated October 10, 2017, to Kentucky finding the 
submittal to be complete and noting the termination of these 
sanctions deadlines, the sanctions under section 179(a) were not and 
will not be imposed as a result of Kentucky having missed the April 
4, 2015, submittal deadline.
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    On June 28, 2019 (84 FR 30920), EPA approved Kentucky's June 23, 
2017, SO2 nonattainment SIP revision. EPA determined that 
the nonattainment SIP revision met the applicable requirements of 
sections 110, 172, 191, and 192 of the CAA and nonattainment regulatory 
requirements at 40 CFR part 51 (including Kentucky's attainment 
modeling demonstration for the Jefferson County Area). The attainment 
modeling demonstration inputs included SO2 emission limits 
and compliance parameters (monitoring, recordkeeping, and reporting) at 
Mill Creek established in the facility's title V permit 145-97-TV(R3) 
at Plant-wide Specific conditions S1-Standards, S2-Monitoring and 
Record Keeping, and S3-Reporting. EPA incorporated these limits and 
parameters into the SIP as part of its final action on Kentucky's 
nonattainment SIP revision, thus making them permanent and enforceable 
controls.
    On December 9, 2019, Kentucky submitted a request to EPA for 
redesignation of the Jefferson County Area to attainment for the 2010 
1-hour SO2 NAAQS and a related SIP revision containing a 
maintenance plan for the Area. In a notice of proposed rulemaking 
(NPRM) published on May 15, 2020 (85 FR 29381), EPA proposed to 
determine that the Area attained the 2010 1-hour SO2 NAAQS; 
to approve the maintenance plan for the Area as meeting the maintenance 
plan requirements of CAA section 175A and to incorporate it into the 
SIP; and to approve Kentucky's request for redesignation of the Area 
from nonattainment to attainment for the 2010 1-hour SO2 
NAAQS as meeting the redesignation requirements of CAA section 
107(d)(3)(E). Comments on the May 15, 2020, NPRM were due on or before 
June 15, 2020. No comments were received. The details of Kentucky's 
submittal and the rationale for EPA's actions are further explained in 
the May 15, 2020, NPRM, including the modeled attainment demonstration 
and quality-assured, complete, and certified 2016-2018 ambient air 
monitoring data used to determine attainment with the 2010 1-hour 
SO2 NAAQS. Recent quality-assured, complete, and certified 
2017-2019 ambient air monitoring data at 15 ppb confirm that this area 
is still demonstrating attainment of the 2010 1-hour SO2 
NAAQS.

II. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of the Jefferson County Area, found at 40 CFR 81.318, from 
nonattainment to attainment for the 2010 1-hour SO2 NAAQS. 
Approval of Kentucky's associated SIP revision also incorporates a 
maintenance plan into the SIP for maintaining the 2010 1-hour 
SO2 NAAQS in the Jefferson County Area as described in the 
May 15, 2020, NPRM. The maintenance plan also establishes contingency 
measures to remedy any future violations of the 2010 1-hour 
SO2 NAAQS and procedures for evaluation of potential 
violations.
    EPA is finalizing the redesignation of the Jefferson County Area to 
attainment for the 2010 1-hour SO2 NAAQS and finalizing the 
approval of the CAA section 175A maintenance plan for the 2010 1-hour 
SO2 NAAQS. The Area is required to implement the CAA section 
175A maintenance plan for the 2010 1-hour SO2 NAAQS that is 
being approved in this action and the prevention of significant 
deterioration program for the 2010 1-hour SO2 NAAQS. The 
approved maintenance plan can only be revised if the revision meets the 
requirements of CAA section 110(l) and, if applicable, CAA section 193.

III. Final Actions

    EPA is taking final actions regarding Kentucky's request to 
redesignate the Jefferson County Area to attainment for the 2010 1-hour 
SO2 NAAQS and associated SIP revision. EPA is determining 
that the Jefferson County Area has attained the 2010 1-hour 
SO2 NAAQS. EPA is also approving the SIP revision containing 
the Commonwealth's plan for maintaining attainment of the 2010 1-hour 
SO2 standard and incorporating the maintenance plan into the 
SIP. Finally, EPA is approving Kentucky's

[[Page 47672]]

redesignation request and redesignating the Jefferson County Area to 
attainment for the 2010 1-hour SO2 NAAQS. As mentioned 
above, approval of the redesignation request changes the official 
designation of the Jefferson County Area from nonattainment to 
attainment, as found in 40 CFR part 81.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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, these actions merely approve state law as meeting Federal 
requirements and do not impose additional requirements beyond those 
imposed by state law. For these reasons, these actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because these actions are not significant 
regulatory actions under Executive Order 12866;
     Do not impose information collection burdens under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    These actions are 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 5, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Sulfur dioxide, Reporting and 
recordkeeping requirements.

 40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: July 13, 2020.
Mary Walker,
Regional Administrator, Region 4.

    Therefore, for the reasons stated in the preamble, EPA amends 40 
CFR parts 52 and 81 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. In Sec.  52.920 amend the table in paragraph (e) by adding an entry 
for ``2010 1-hour SO2 Maintenance Plan for the Jefferson 
County Area'' at the end of the table to read as follows:


Sec.  52.920   Identification of plan.

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    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                     Applicable       State submittal
   Name of non-regulatory SIP       geographic or      date/effective    EPA approval date      Explanations
           provision             nonattainment area         date
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                                                  * * * * * * *
2010 1-hour SO2 Maintenance      Jefferson County..          12/9/2019  8/6/2020, [Insert   ....................
 Plan for the Jefferson County                                           citation of
 Area.                                                                   publication].
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[[Page 47673]]

PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.318, amend the table entitled ``Kentucky-2010 Sulfur 
Dioxide NAAQS [Primary]'' by revising the entry for ``Jefferson County, 
KY'' to read as follows:


Sec.  81.318  Kentucky.

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                                  Kentucky-2010 Sulfur Dioxide NAAQS [Primary]
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                                                                                 Designation
                    Designated area \4\                    -----------------------------------------------------
                                                               Date \1\                     Type
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                                                  * * * * * * *
Jefferson County, KY \2\..................................        8/6/2020  Attainment
Jefferson County (part):
    That portion of Jefferson County encompassed by the     ..............  ....................................
     polygon with the vertices using Universal Traverse
     Mercator (UTM) coordinates in UTM zone 16 with datum
     NAD83 as follows:.
        (1) Ethan Allen Way extended to the Ohio River at   ..............  ....................................
         UTM Easting (m) 595738, UTM Northing 4214086 and
         Dixie Highway (US60 and US31W) at UTM Easting (m)
         597515, UTM Northing 4212946;.
        (2) Along Dixie Highway from UTM Easting (m)        ..............  ....................................
         597515, UTM Northing 4212946 to UTM Easting (m)
         595859, UTM Northing 4210678;.
        (3) Near the adjacent property lines of Louisville  ..............  ....................................
         Gas and Electric-Mill Creek Electric Generating
         Station and Kosmos Cement where they join Dixie
         Highway at UTM Easting (m) 595859, UTM Northing
         4210678 and the Ohio River at UTM Easting (m)
         595326, UTM Northing 4211014;.
        (4) Along the Ohio River from UTM Easting (m)       ..............  ....................................
         595326, UTM Northing 4211014 to UTM Easting (m)
         595738, UTM Northing 4214086.
 
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\1\ This date is April 9, 2018, unless otherwise noted.
\2\ Excludes Indian country located in each area, if any, unless otherwise specified.
\3\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\4\ Webster County and the remainder of Henderson County will be designated by December 31, 2020.

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[FR Doc. 2020-15598 Filed 8-5-20; 8:45 am]
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