[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Proposed Rules]
[Pages 44310-44314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15776]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0092; FRL-10017-01-R4]
Air Plan Approval; Kentucky; Emissions Inventory Requirements for
the 2015 8-Hour Ozone Standard Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
[[Page 44311]]
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 Energy and Environment
Cabinet (Cabinet) on December 22, 2021, to address the base year
emissions inventory requirements for the 2015 8-hour ozone national
ambient air quality standard (NAAQS) for Kentucky counties in the
Cincinnati, Ohio-Kentucky 2015 8-hour ozone NAAQS nonattainment area
(hereinafter referred to as the Cincinnati, OH-KY Area), and for
Kentucky counties in the Louisville, Kentucky-Indiana 2015 8-hour NAAQS
nonattainment area (hereinafter referred to as the Louisville, KY-IN
Area). Specifically, EPA is proposing to approve Kentucky's SIP
revision addressing the emissions inventory requirements for the 2015
8-hour ozone nonattainment areas for the portions of Boone, Campbell,
and Kenton Counties in the Cincinnati, OH-KY Area, and Bullitt,
Jefferson, and Oldham Counties in the Louisville, KY-IN Area. These
requirements apply to all ozone nonattainment areas. This action is
being proposed pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before August 25, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0092 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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated a 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
(October 26, 2015). 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
Code of Federal Regulations (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. See 40 CFR part 50, Appendix U. 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.
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. On
June 4, 2018 (effective August 3, 2018), EPA designated the 7-county
Cincinnati, OH-KY Area as a Marginal ozone nonattainment for the 2015
8-hour ozone NAAQS.\1\ See 83 FR 25776. Also, on June 4, 2018
(effective August 3, 2018), EPA designated the five-county Louisville,
KY-IN Area as a Marginal ozone nonattainment for the 2015 8-hour ozone
NAAQS.\2\ The Cincinnati, OH-KY Area and the Louisville, KY-IN Area
were designated nonattainment for the 2015 8-hour ozone NAAQS using
2014-2016 ambient air quality data.
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\1\ The Cincinnati, OH-KY Area consists of the following
counties: Boone (partial), Campbell (partial), and Kenton (partial)
in Kentucky and the entire counties of Butler, Clermont, Hamilton,
and Warren in Ohio. EPA took action on the 2015 8-hour ozone NAAQS
nonattainment area emissions inventory requirements for Butler,
Clermont, Hamilton, and Warren Counties in Ohio in a separate
action. See 86 FR 12270 (March 3, 2021).
\2\ The Louisville, KY-IN Area consists of Bullitt, Jefferson,
and Oldham Counties in Kentucky and Clark and Floyd Counties in
Indiana. EPA took action on the 2015 8-hour ozone NAAQS
nonattainment area emissions inventory requirements for Clark and
Floyd Counties in Indiana in a separate action. See 87 FR 39750
(July 5, 2022).
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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.\3\ See 83 FR 62998; 40 CFR part 51, subpart
CC. This rule establishes nonattainment area attainment deadlines based
on Table 1 of section 181(a) of the CAA, including an attainment
deadline of August 3, 2021, three years after the August 3, 2018,
effective date, for areas classified as Marginal for the 2015 8-hour
ozone NAAQS.
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\3\ 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 (RFP), reasonably available control technology,
reasonably available control measures, major nonattainment 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)(1) of the CAA requires states with areas designated
nonattainment for the ozone NAAQS to submit a SIP revision providing a
comprehensive, accurate, and current inventory of actual emissions from
all sources of the relevant pollutant or pollutants in such area.
NOX and VOC are the relevant pollutants because they are the
precursors--i.e., the pollutants that contribute to the formation--of
ozone.
Based on the nonattainment designation, Kentucky was required to
develop a SIP revision addressing certain CAA requirements for the
Cincinnati, OH-KY Area and the Louisville, KY-IN Area. Among other
things, Kentucky was required to submit a SIP revision addressing the
emissions inventory requirements in CAA section 182(a)(1).
[[Page 44312]]
II. Commonwealth's Submittal
On December 22, 2021, Kentucky submitted a SIP revision addressing
the emissions inventory requirements related to the 2015 8-hour ozone
NAAQS for the Cincinnati, OH-KY Area and the Louisville, KY-IN Area.\4\
EPA is proposing to approve this SIP revision as meeting the inventory
requirements of section 182(a)(1) of the CAA and EPA's SIP Requirements
Rule. More information on EPA's analysis of Kentucky's SIP revision and
how this SIP revision addresses these requirements is provided below.
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\4\ On October 15, 2020, the Cabinet submitted a certification
that included other required elements for ozone nonattainment areas
pursuant to CAA section 182(a)(2)(C), Nonattainment New Source
Review, and CAA section 182(a)(3)(B), Emissions statements. On
August 12, 2020, KDAQ submitted a certification on behalf of the
Louisville Metro Air Pollution Control District that included the
required elements for ozone nonattainment areas pursuant to CAA
section 182(a)(3)(B), Emissions statements. On April 5, 2022, EPA
took final action on the portion of Kentucky's October 15, 2020,
submission related to CAA section 182(a)(2)(C), Nonattainment New
Source Review. See 87 FR 19649. On March 9, 2022, EPA took final
action on the District's August 12, 2020, submission related to CAA
section 182(a)(3)(B), Emissions statements. See 87 FR 13177. On
April 26, 2022, EPA took final action on the portion of Kentucky's
October 15, 2020, submission related to CAA section 182(a)(3)(B),
Emissions statements. See 87 FR 24429.
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III. Analysis of Commonwealth's Submittal
As discussed above, section 182(a)(1) of the CAA requires areas to
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
each ozone nonattainment area. The section 182(a)(1) base year
inventory is defined in the SIP Requirements Rule as ``a comprehensive,
accurate, current inventory of actual emissions from sources of VOC and
NOX emitted within the boundaries of the nonattainment area
as required by CAA section 182(a)(1).'' See 40 CFR 51.1300(p). The
inventory year must be selected consistent with the baseline year for
the RFP plan as required by 40 CFR 51.1310(b),\5\ and the inventory
must include actual ozone season day emissions as defined in 40 CFR
51.1300(q) \6\ and contain data elements consistent with the detail
required by 40 CFR part 51, subpart A. See 40 CFR 51.1315(a), (c), and
(e). In addition, the point source emissions included in the inventory
must be reported according to the point source emissions thresholds of
the Air Emissions Reporting Requirements (AERR) in 40 CFR part 51,
subpart A.
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\5\ 40 CFR 51.1310(b) states that ``at the time of designation
for the ozone NAAQS the baseline emissions inventory shall be the
emissions inventory for the most recent calendar year for which a
complete triennial inventory is required to be submitted to the EPA
under the provisions of subpart A of this part. States may use an
alternative baseline emissions inventory provided that the year
selected corresponds with the year of the effective date of
designation as nonattainment for that NAAQS. All states associated
with a multi-state nonattainment area must consult and agree on
using the alternative baseline year. The emissions values included
in the inventory required by this section shall be actual ozone
season day emissions . . . .'' For additional information, please
see the guidance document titled ``Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze Regulations,'' EPA-454/
B-17-003, July 2017, available at: https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate.
\6\ ``Ozone season day emissions'' is defined as ``an average
day's emissions for a typical ozone season work weekday. The state
shall select, subject to EPA approval, the particular month(s) in
the ozone season and the day(s) in the work week to be represented,
considering the conditions assumed in the development of RFP plans
and/or emissions budgets for transportation conformity.'' See 40 CFR
51.1300(q).
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Kentucky selected 2017 as the base year for the emissions
inventories, which is the most recent calendar year for which a
complete triennial inventory is required to be submitted to the EPA
under 40 CFR part 51, subpart A. This base year is consistent with the
regulations for 2015 ozone NAAQS nonattainment area base year emission
inventory regulations. See 40 CFR 51.1315(a) and 51.1310(b). The
emissions inventory is based on data developed and submitted by both
the Cabinet and Louisville Metro Air Pollution Control District
(District) \7\ to EPA's 2017 National Emissions Inventory (NEI), and it
contains data elements consistent with the requirements of 40 CFR part
51, subpart A.
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\7\ The Cabinet submitted emissions inventories for the KY
portion of both the Cincinnati, OH-KY and the Louisville, KY-IN
nonattainment areas for the 2015 8-hour ozone standard. The District
provided emissions information for the Jefferson County portion of
the Louisville, KY-IN nonattainment area for the 2015 8-hour ozone
standard.
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Kentucky's emissions inventory for the Cincinnati, OH-KY Area and
Louisville, KY-IN Area provides 2017 typical average summer day
emissions for NOX and VOC for the following general source
categories: point sources, nonpoint sources,\8\ on-road mobile sources,
and non-road. For the Kentucky portion of the Cincinnati, OH-KY Area,
the following percentages represent the portions of each Kentucky
county that are located in the Area: Boone: 95 percent; Campbell: 92
percent; and Kenton: 95 percent. The nonattainment area apportionment
percentages were applied to the point, nonpoint, and nonroad sectors.
For on-road emissions, vehicle miles traveled (VMT) data for the
nonattainment portions of the counties were used as inputs to the MOVES
3 model. Annual emission totals were then converted to tons per summer
day by taking the calculated annual emissions totals, multiplying them
by 25 percent to account for the four seasons, and then dividing by the
92 days of the summer season.\9\ For the Kentucky portion of the
Louisville, KY-IN Area, summer day emissions were calculated using a
``Summer's Operation Percentage'' as reported by facilities and
explained in Appendices E.2 and A.3 of the submittal. Table 1 and Table
2 provide a summary of the emissions inventories for the Kentucky
portions of the Cincinnati, OH-KY Area and the Louisville, KY-IN Area,
respectively.
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\8\ On June 2, 2022, Kentucky informed EPA that the Base Year
(Nonattainment) Emissions Inventory State Implementation Plan it
submitted on December 22, 2021, included biogenic emissions in the
nonpoint category, whereas biogenic emissions were excluded from the
inventories developed for Kentucky's redesignation requests and
maintenance plans for the Cincinnati and Louisville Areas, in
accordance with EPA Guidance (Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze Regulations (May 2017)).
Kentucky's June 2, 2022, email is included in the docket for this
proposed action.
\9\ For sources that reported seasonal operations (primarily in
Jefferson County), the seasonal operations data was used to
calculate summer emissions, which were then divided by the 92 days
in the summer months (June, July, and August) to derive tons per
ozone season day/tons per summer day emissions. For the remaining
sources, tons per summer day emissions were calculated by dividing
annual emissions by four and then by the 92 days of summer. EPA has
preliminarily determined that this is an appropriate method for
determining summer day emissions, as the average summer operations
from facilities reporting such information were determined to be
approximately 24.6% to 26.3% (approximately 25%) of the annual
emissions. Furthermore, for one of the largest contributors to these
remaining emissions, the Louisville International Airport, this
method of approximation is supported by data available on monthly
flights indicating that flights in June, July, and August made up
almost precisely one quarter of total annual flights (25.1%).
[[Page 44313]]
Table 1--2017 Emissions for the Kentucky Portion of the Cincinnati, OH-KY Area
[Tons/summer day]
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Point Nonpoint On-road Non-road
County -------------------------------------------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC
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Boone........................................... 9.47 2.57 1.60 14.78 3.78 2.31 0.67 1.20
Campbell........................................ 0.32 0.41 1.08 6.46 1.78 1.08 0.34 0.37
Kenton.......................................... 0.30 0.66 1.82 7.43 3.77 2.12 0.58 0.65
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Table 2--2017 Emissions for the Kentucky Portion of the Louisville, KY-IN Area
[Tons/summer day]
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Point Nonpoint On-road Non-road
County -------------------------------------------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC
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Bullitt......................................... 0.85 9.33 0.84 18.13 3.49 1.19 0.26 0.42
Jefferson....................................... 34.81 21.56 6.66 41.57 20.97 7.85 4.32 4.02
Oldham.......................................... 0.13 0.04 0.87 5.98 1.85 0.69 0.30 0.41
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The emissions reported for the Cincinnati, OH-KY Area and for the
Louisville, KY-IN Area reflect the emissions within the portions of
Boone, Campbell, and Kenton Counties, and within Bullitt, Jefferson,
and Oldham Counties, respectively, comprising the nonattainment areas.
The inventory contains point source emissions data for facilities
located within the Kentucky portions of the Areas. More detail on the
emissions for individual source categories is provided below and in the
appendices to Kentucky's December 22, 2021, submittal.
Point sources are large, stationary, identifiable sources of
emissions that release pollutants into the atmosphere. NOX
and VOC emissions were calculated by using facility-specific emissions
data reported to the 2017 NEI from sources that are required to submit
inventory data according to the AERR. A detailed account of the point
source emissions can be found in Appendix A of Kentucky's submittal.
Nonpoint sources are small stationary sources of emissions, which
due to their large number, collectively have significant emissions
(e.g., dry cleaners, service stations). Emissions for these sources
were obtained from the 2017 NEI. A detailed account of the nonpoint
source emissions can be found in Appendix B of Kentucky's submittal.
On-road mobile sources include vehicles used on roads for
transportation of passengers or freight. For both the Cincinnati, OH-KY
Area and Louisville, KY-IN Area, on-road emissions inventories were
developed using the latest version of EPA's Motor Vehicle Emissions
Simulator (MOVES), MOVES3, for each ozone nonattainment county. County
level on-road emissions modeling was conducted using county-specific
vehicle populations and other local data. A detailed account of the on-
road source emissions can be found on page 6, page 12, and in Appendix
C of Kentucky's submittal.
Non-road mobile sources include vehicles, engines, and equipment
used for construction, agriculture, recreation, and other purposes that
do not use the roadways (e.g., lawn mowers, construction equipment,
railroad locomotives, and aircraft). Kentucky obtained emissions for
the non-road mobile sources from the 2017 NEI. A detailed account of
non-road mobile source emissions can be found in Appendix D of the
December 22, 2021, submittal.
EPA has preliminarily determined that Kentucky's emissions
inventories for the Cincinnati, OH-KY and the Louisville, KY-IN Areas
meet the requirements under CAA section 182(a)(1) and the SIP
Requirements Rule for the 2015 8-hour ozone NAAQS, as well as the
requirements in 40 CFR part 51, subpart A.
IV. Proposed Action
EPA is proposing to approve the SIP revision submitted by Kentucky
on December 22, 2021, addressing the base year emissions inventory
requirements for the 2015 8-hour ozone NAAQS for the Cincinnati, OH-KY
Area and Louisville, KY-IN Area. 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 proposed 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
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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,
Reporting and recordkeeping requirements, Volatile organic compounds.
(Authority: 42 U.S.C. 7401 et seq.)
Dated: July 19, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-15776 Filed 7-25-22; 8:45 am]
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