[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Proposed Rules]
[Pages 66295-66296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22127]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0370; FRL-10014-94-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 Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Kentucky, through the Kentucky Division for Air Quality 
(KDAQ), on December 9, 2019. The SIP revision updates the description 
and attainment status designations of geographic areas within the 
Commonwealth for several National Ambient Air Quality Standards (NAAQS 
or standards). The updates are being made to conform Kentucky's 
attainment status tables with the federal attainment status 
designations for these areas. 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 November 18, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0370 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation 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, lead, sulfur dioxide (SO2), and 
nitrogen dioxide) 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, attainment, 
or unclassifiable.\1\ Such designations inform the state's planning and 
implementation of requirements to achieve and maintain the NAAQS for 
each area within that state.
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    \1\ A nonattainment area is an area that does not meet (or that 
contributes to ambient air quality in a nearby area that does not 
meet) the NAAQS; an attainment area is an area that meets the NAAQS; 
and an unclassifiable area is an area that cannot be classified on 
the basis of available information as meeting or not meeting the 
NAAQS. See CAA section 107(d)(1)(A).
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    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 for the new or revised NAAQS. EPA codifies its 
designations for areas within each state in 40 CFR part 81.\2\ Under 
section 107(d) of the CAA, a designation for an area remains in effect 
until redesignated by EPA.
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    \2\ EPA's attainment status designations for Kentucky are found 
at 40 CFR 81.318.
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    EPA is proposing to approve changes to Kentucky rule 401 Kentucky 
Administrative Regulation (KAR) 51:010, Attainment status designations, 
which update the description and attainment status designations of 
geographic areas within the Commonwealth with regard to a number of 
NAAQS. The Commonwealth of Kentucky last amended 401 KAR 51:010 in 
2016.\3\ Since that time, EPA promulgated the 2015 8-hour ozone NAAQS 
and redesignated several areas within the Commonwealth. Kentucky 
amended 401 KAR 51:010 in 2019 by updating the attainment status 
designations in Sections 7 through 9 for O3, PM less than 
2.5 microns in diameter (PM2.5), and SO2 to 
conform with EPA's attainment status designations in 40 CFR 81.318. 
Regulation 401 KAR 51:010 has also been amended by making one minor 
textual modification to the NECESSITY, FUNCTION, AND CONFORMITY 
section. The SIP submittal containing the updated Kentucky regulation 
can be found in the docket at www.regulations.gov and is summarized 
below.
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    \3\ EPA approved those amendments into the SIP in 2018. See 83 
FR 65088 (December 19, 2018).
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II. Analysis of the Kentucky Submittal

    On December 9, 2019, the Commonwealth of Kentucky, through KDAQ, 
submitted a revision to the Kentucky SIP. EPA is proposing to approve 
the December 9, 2019, submission which amends and updates the 
attainment status designations for O3, PM2.5, and 
SO2.
    The following are the specific changes made to Sections 7 through 
9:

Section 7.--Attainment Status Designations for Ozone (O3)

    Table (4) was added to reflect the attainment status designation 
and classification of areas in the Commonwealth of Kentucky for the 
2015 8-hour primary and secondary O3 NAAQS.

Section 8.--Attainment Status Designations for PM2.5

    Table (1) was amended to reflect the attainment status designation 
of areas in the Commonwealth of Kentucky for the 1997 annual primary 
and secondary PM2.5 NAAQS.
    Table (2) was amended to reflect the attainment status designation 
of areas for the 2012 annual PM2.5 primary NAAQS.

Section 9.--Attainment Status Designations for Sulfur Dioxide 
(SO2)

    Table (2) was amended to reflect the attainment status designation 
of areas in the Commonwealth of Kentucky for the 2010 primary 
SO2 NAAQS.\4\
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    \4\ Although Kentucky's December 9, 2019, SIP revision predates 
EPA's redesignation of the Jefferson County, Kentucky area to 
attainment for the SO2 NAAQS, the table accurately 
reflects the current status of that area. See 85 FR 47670 (August 6, 
2020).
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    EPA has reviewed these changes to the Kentucky regulations for 
attainment status designations and is proposing to find that these 
changes are consistent with the attainment status designations in 40 
CFR 81.318.
    In addition to the change of attainment status designations in

[[Page 66296]]

Sections 7 through 9 of 401 KAR 51:010, the SIP submittal includes a 
minor textual modification to the NECESSITY, FUNCTION, AND CONFORMITY 
section that changes the word ``requires'' to ``authorizes'' in the 
first sentence.\5\
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    \5\ The revised sentence reads ``KRS 224.10-100(5) authorizes 
the cabinet to promulgate administrative regulations for the 
prevention, abatement, and control of air pollution. This 
administrative regulation designates the status of all areas of the 
Commonwealth of Kentucky with regard to attainment of the ambient 
air quality standards.''
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III. Incorporation by Reference

    In this notice, 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, state effective November 19, 2019, which was revised to 
be consistent with the federal attainment status designations for the 
areas within the Commonwealth. 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).

IV. Proposed Action

    EPA is proposing to approve the Commonwealth's December 9, 2019, 
SIP revision which contains updates to Kentucky regulation 401 KAR 
51:010. The revised regulation amends and updates the attainment status 
designations for O3, PM2.5, and SO2 to 
conform with EPA's attainment status designations in 40 CFR 81.318. EPA 
is proposing to approve these changes because they 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 30, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-22127 Filed 10-16-20; 8:45 am]
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