[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Proposed Rules]
[Pages 2101-2104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00027]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0446; FRL-9398-01-R4]


Air Plan Approval; KY; Jefferson County Emissions Statements 
Requirements for the 2015 8-Hour Ozone Standard Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Jefferson County portion of the Kentucky 
State Implementation Plan (SIP) submitted by the Commonwealth of 
Kentucky through the Kentucky Division for Air Quality (KDAQ) to EPA on 
August 12, 2020. The proposed revision was submitted by KDAQ on behalf 
of the Louisville Metro Air Pollution Control District (LMAPCD) to 
address the emissions statement requirements for the 2015 8-hour ozone 
national ambient air quality standards (NAAQS) for the Jefferson County 
portion of the Louisville, Kentucky 2015 8-hour ozone nonattainment 
area (hereinafter referred to as ``Jefferson County''). Jefferson 
County is part of the Kentucky portion of the Louisville, Kentucky-
Indiana 2015 8-hour ozone nonattainment area (hereinafter referred to 
as ``the Louisville, KY Area'') which is comprised of Bullitt, 
Jefferson, and Oldham Counties in Kentucky. EPA will consider the 
emissions statement requirements for the Bullitt and Oldham County 
portions of the Louisville, KY Area in a separate action. This action 
is being proposed pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before February 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0446 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 2102]]

I. Background

    On October 26, 2015, EPA promulgated revised 8-hour primary and 
secondary ozone NAAQS, strengthening both from 0.075 parts per million 
(ppm) to 0.070 ppm (the 2015 8-hour ozone NAAQS). See 80 FR 65292. The 
2015 8-hour ozone NAAQS is set at 0.070 ppm based on an annual fourth-
highest daily maximum 8-hour average concentration averaged over three 
years. Under EPA's regulations at 40 CFR part 50, the 2015 8-hour ozone 
NAAQS is attained when the 3-year average of the annual fourth-highest 
daily maximum 8-hour average ambient air quality ozone concentration is 
less than or equal to 0.070 ppm. See 40 CFR 50.19. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. The ambient air quality monitoring data completeness 
requirement is met when the average percentage of days with valid 
ambient monitoring data is greater than 90 percent, and no single year 
has less than 75 percent data completeness as determined using Appendix 
U of part 50.
    Upon promulgation of a new or revised ozone NAAQS, the CAA requires 
EPA to designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. On April 30, 2018 (effective 
August 3, 2018), EPA designated a 5-county area in the Louisville 
metropolitan area, including Jefferson County, as a marginal ozone 
nonattainment area for the 2015 8-hour ozone NAAQS using 2014-2016 
ambient air quality data.\1\ See 83 FR 25776 (June 4, 2018). On 
December 6, 2018, EPA finalized a rule titled ``Implementation of the 
2015 National Ambient Air Quality Standards for Ozone: Nonattainment 
Area State Implementation Plan Requirements'' (SIP Requirements Rule) 
that establishes the requirements that state, tribal, and local air 
quality management agencies must meet as they develop implementation 
plans for areas where air quality exceeds the 2015 8-hour ozone 
NAAQS.\2\ See 83 FR 62998 (December 6, 2018); 40 CFR part 51, subpart 
CC. This rule establishes nonattainment area attainment dates based on 
Table 1 of section 181(a) of the CAA, including an attainment date of 
August 3, 2021, three years after the August 3, 2018, designation 
effective date, for areas classified as marginal for the 2015 8-hour 
ozone NAAQS.
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    \1\ The Louisville, KY-IN nonattainment area for the 2015 8-hour 
ozone standard consists of the following counties: Bullitt County, 
Jefferson County and Oldham County in Kentucky and Clark County and 
Floyd County in Indiana.
    \2\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2015 8-hour ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress, reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and 
compliance with emission control measures in the SIP.
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    Ground level ozone is not emitted directly into the air but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NOX and VOC stationary source. However, a state may 
waive the emissions statement requirement for any class or category of 
stationary sources which emit less than 25 tons per year (tpy) of VOC 
or NOX if the state provides an inventory of emissions as 
required by CAA section 182 that accounts for emissions from those 
sources. See CAA section 182(a)(3)(B)(ii). The first statement is due 
three years from the area's nonattainment designation, and subsequent 
statements are due at least annually thereafter.
    Based on the nonattainment designation, Kentucky was required to 
develop a SIP revision satisfying, among other things, CAA section 
182(a)(3)(B). On August 12, 2020,\3\ LMAPCD submitted a SIP revision 
addressing the emissions statement requirements related to the 2015 8-
hour ozone NAAQS for Jefferson County. EPA is proposing to approve the 
August 12, 2020, SIP submittal as meeting the requirements of section 
182(a)(3)(B) of the CAA and associated federal regulations. EPA's 
analysis of the SIP revision and how it addresses the emissions 
statement requirements is discussed in the next section of this notice.
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    \3\ LMAPCD's transmittal letter for the August 12, 2020, SIP 
revision was dated August 11, 2020, and submitted to EPA on August 
12, 2020.
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II. Analysis of the Commonwealth's Submittal

    As discussed above, section 182(a)(3)(B) of the CAA requires states 
to submit a SIP revision requiring the owner or operator of each 
NOX and VOC stationary source located in an ozone 
nonattainment area to submit to the state annual emissions statements. 
The first statement is due three years from the area's nonattainment 
designation, and subsequent statements are due at least annually 
thereafter.
    The August 12, 2020, SIP submission \4\ contains a version of 
Regulation 1.06 adopted by LMAPCD on May 20, 2020 (referred to as 
``Version 10'' by LMAPCD). The SIP revision requests that EPA 
incorporate Version 10 of Regulation 1.06 into the SIP, with the 
exception of Section 5 and references to Section 5,\5\ to replace 
Version 9. Excluding changes to Section 5 and references to Section 5 
of Regulation 1.06, Version 10 revises Version 9 by making 
typographical changes to the title and the ``Necessity and Function'' 
section of Regulation 1.06; changing of the title of Section 3 to 
``Requirements for Emissions Statements''; renumbering a portion of 
subsection 3.2.7 to subsection 3.3 and changing the newly renumbered 
subsection 3.3 by replacing references to Sections 4 and 5 with ``in 
emissions statements''; renumbering subsection 3.3 to subsection 3.4 
and adding ``The District may require such additional information be 
submitted as necessary.''; renumbering subsection 3.4 to subsection 3.5 
and revising the new subsection 3.5 to add that data required by 
Section 6 shall also be submitted on LMAPCD approved forms in addition 
to data required by Section 4; renumbering 3.5 to subsection 3.6; 
revising subsection 4.3 by changing a reference to Section 6 to Section 
7 due to a renumbering of those sections later in the regulation; 
insertion of a new Section 6 titled, ``Emissions Statements for Ozone 
Precursors,'' including the addition of subsection 6.1 to read: ``On or 
before April 15 of each year, all stationary sources of oxides of 
nitrogen or volatile organic compounds shall submit to the District a 
statement of actual emissions of those compounds.''; the addition of 
subsection 6.2 to read: ``Exemptions from this section:''; the addition 
of subsection 6.2.1 to read: ``Facilities with less than 25 tons per 
year of plant-wide actual volatile organic compounds or oxides of 
nitrogen emissions are exempted from

[[Page 2103]]

this requirement, unless emissions of the other are at or above 25 tons 
per year.\6\ The District may require sources claiming this exemption 
to provide adequate information to verify actual emissions for the 
previous year.''; the addition of 6.2.2 to read: ``The District may 
waive this requirement for sources located in an area designated as 
attainment or maintenance by U.S. EPA for all National Ambient Air 
Quality Standards (NAAQS) for ozone.''; the addition of subsection 6.3 
to read: ``The emission statements submitted by the source to the 
District shall contain (at a minimum) all information required by 
Section 3 of this Regulation. The Emissions Statement submitted under 
Section 4 may be used to satisfy the requirements of this section.''; 
renumbering the former Section 6 to Section 7; and changing the new 
Section 7 to state that the required formal certification by a 
responsible official is defined in Regulation 1.02 instead of 2.16. As 
requested by LMAPCD, EPA is not acting on Section 5 or on the 
references to Section 5.
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    \4\ In the SIP revision, Kentucky states that Version 10 of 
Regulation 1.06, Stationary Source Self-Monitoring, Emissions 
Inventory Development, and Reporting, satisfies the requirements of 
CAA section 182(a)(3)(B) for Jefferson County.
    \5\ EPA incorporated all of Version 9, except for Section 5--
Emissions Statements for Toxic Air Contaminants and any reference to 
Section 5 located in Section 3, into the SIP on August 28, 2017. See 
82 FR 40701.
    \6\ On page 28 of the August 12, 2020 KDAQ submittal, Kentucky 
clarifies the meaning of section 6.2.1 by stating ``Combined 
emissions exceeding 25 tpy do not prevent a source from being 
exempt, so long as actual emissions of neither pollutant when taken 
alone exceeds 25 tpy''.
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    EPA has preliminarily determined that the changes to Regulation 
1.06 in the August 12, 2020, SIP revision are consistent with the CAA. 
Aside from the addition of Section 6, the changes correct typographical 
errors, clarify the rule, and expand the scope of the rule. The 
addition of Section 6 modifies the emissions threshold for sources to 
submit annual emissions statements for ozone precursors to LMAPCD and 
is approvable for the reasons discussed below.
    As allowed by CAA section 182(a)(3)(B)(ii), LMAPCD waived the 
emissions statement requirements for stationary sources emitting less 
than 25 tpy of NOX or VOC. CAA section 182(a)(3)(B)(ii) 
allows a state to waive the application of emissions statements 
requirements to any class or category of stationary sources which emit 
less than 25 tons per year of VOC or NOX if the state, in 
its submissions under section 182(a)(1) or 182(a)(3)(A),\7\ provides an 
inventory of emissions from such class or category of sources, based on 
the use of the emission factors established by the Administrator or 
other methods acceptable to the Administrator.
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    \7\ CAA section 182(a)(3)(A) contains a triennial emissions 
inventory requirement.
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    Pursuant to CAA section 182(a)(3)(A), Kentucky is required to 
submit a revised inventory meeting the requirements of section 
182(a)(1) at the end of each 3-year period after submission of the 
inventory under section 182(a)(1) until the Louisville, KY Area is 
redesignated to attainment. CAA section 182(a)(1) requires the 
submission of a comprehensive, accurate, current inventory of actual 
emissions from all sources, as described in CAA section 172(c)(3), in 
accordance with guidance provided by EPA.\8\ To comply with CAA section 
182(a)(3)(A)'s requirement to submit periodic emissions inventories, 
LMAPCD submits NOX and VOC emissions data to EPA's National 
Emissions Inventory (NEI) \9\ consistent with 83 FR 62998, 
``Implementation of the 2015 National Ambient Air Quality Standards for 
Ozone: Nonattainment Area State Implementation Plan Requirements,'' and 
40 CFR 51.1315. That emissions data includes small stationary sources 
(namely, those emitting less than 25 tpy of NOX or VOC) in 
accordance with CAA section 182(a)(3)(B)(ii).
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    \8\ CAA section 172(c)(3) states, ``Such plan provisions shall 
include a comprehensive, accurate, current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants 
in such area including such periodic revisions as the Administrator 
may determine necessary to assure that the requirements of this part 
are met.''
    \9\ To access EPA's NEI, please visit: U.S. EPA, National 
Emissions Inventory (NEI), https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.
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    For the reasons discussed above, EPA has preliminarily determined 
that Jefferson County's emissions statement regulation meets the 
requirements of the CAA, including section 182(a)(3)(B) and the SIP 
Requirements Rule for the 2015 8-hour ozone NAAQS for the Jefferson 
County portion of the Louisville, Kentucky-Indiana Area.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Louisville Metro Air Pollution Control District Regulation 
1.06--Stationary Source Self-Monitoring, Emissions Inventory 
Development, and Reporting, Version 10, District effective on May 20, 
2020, with the exception of Section 5 and any references to Section 5. 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at 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 Kentucky's August 12, 2020, SIP 
revision as discussed in Section II, above. If this proposal is 
finalized, the text of Jefferson County Regulation 1.06 in the SIP will 
reflect the version of the rule effective on May 20, 2020 (Version 10) 
with the exception of Section 5 and any references to Section 5. EPA 
proposes to find that the Commonwealth's submission meets the 
requirements of sections 110 and 182 of the CAA.

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 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);
     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

[[Page 2104]]

     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, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: December 29, 2021.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-00027 Filed 1-12-22; 8:45 am]
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