[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59320-59322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21236]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0092; FRL-10017-02-R4]


Air Plan Approval; Kentucky; Emissions Inventory Requirements for 
the 2015 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of 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 finalizing approval of 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 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective October 31, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0092. 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 are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation

[[Page 59321]]

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: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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: 

I. Background

    On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS, 
lowering the level of the NAAQS from 0.075 parts per million (ppm) to 
0.070 ppm. See 80 FR 65292 (October 26, 2015).\1\ Effective August 3, 
2018, EPA designated the seven-county Cincinnati, OH-KY Area as a 
Marginal ozone nonattainment for the 2015 8-hour ozone NAAQS.\2\ See 83 
FR 25776 (June 4, 2018). In the same action, EPA also designated the 
five-county Louisville, KY-IN Area as a Marginal ozone nonattainment 
for the 2015 8-hour ozone NAAQS.\3\ 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. On December 
22, 2021, Kentucky submitted a SIP revision addressing the base year 
emissions inventory requirements related to the 2015 8-hour ozone NAAQS 
for the Cincinnati, OH-KY Area and the Louisville, KY-IN Area.\4\ CAA 
section 182(a)(1) requires the submission of a comprehensive, accurate, 
current inventory of actual emissions from all emissions sources in the 
nonattainment area, known as a ``base year inventory.''
---------------------------------------------------------------------------

    \1\ The 2015 Ozone NAAQS was promulgated on October 1, 2015, 
published on October 26, 2015, and effective December 28, 2015.
    \2\ 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).
    \3\ 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).
    \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.
---------------------------------------------------------------------------

    On July 26, 2022, EPA published a notice of proposed rulemaking 
(NPRM) proposing to approve the December 22, 2021, SIP revision 
regarding the base year emissions inventory submittal for the 
Cincinnati, OH-KY Area and the Louisville, KY-IN Area for the 2015 8-
hour ozone NAAQS. See 87 FR 44310. More information regarding EPA's 
analysis of Kentucky's December 22, 2021, SIP revision and how Kentucky 
addresses the above-mentioned requirements is provided in EPA's July 
26, 2022, NPRM. Comments on EPA's July 26, 2022, NPRM were due on 
August 25, 2022. No comments were received on EPA's July 26, 2022, 
NPRM.

II. Final Action

    EPA is approving the aforementioned SIP revision submitted by the 
Commonwealth of Kentucky addressing the base year emissions inventory 
requirements for the 2015 8-hour Ozone NAAQS for the Cincinnati, OH-KY 
Area and the Louisville, KY-IN Area. EPA has determined that the 
Cincinnati, OH-KY Area and the Louisville, KY-IN Area base year 
emissions inventory requirements SIP revision meets the requirements of 
sections 110 and 182 of the CAA with respect to the 2015 ozone NAAQS.

III. 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 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this 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
     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.
    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 these actions and

[[Page 59322]]

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 November 29, 2022. 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(s) or 
action(s). This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

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.


    Dated: September 23, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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(e), amend the table by adding entries for 
``Emissions Inventory for the 2015 8-hour Ozone NAAQS for Northern 
Kentucky'' and ``Emissions Inventory for the 2015 8-hour Ozone NAAQS 
for Louisville'' at the end of the table to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                EPA--Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
    Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date       Explanations
            provision               nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Emissions Inventory for the 2015   Boone, Campbell,         10/15/2021  9/30/2022, [Insert   ...................
 8-hour Ozone NAAQS for Northern    and Kenton                           citation of
 Kentucky.                          Counties (partial)                   publication].
                                    in Kentucky
                                    portion of
                                    Cincinnati, OH-KY
                                    Area.
Emissions Inventory for the 2015   Jefferson County in      10/15/2021  9/30/2022, [Insert   ...................
 8-hour Ozone NAAQS for             its entirety, and                    citation of
 Louisville.                        Bullitt and Oldham                   publication].
                                    Counties (partial)
                                    in Kentucky
                                    portion of
                                    Louisville, KY-IN
                                    Area.
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2022-21236 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P