Rule2022-08867
Air Plan Approval; Kentucky; Emissions Statement Requirements for the 2015 8-Hour Ozone Standard Nonattainment Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 26, 2022
Effective
May 26, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Kentucky State Implementation Plan (SIP) submitted to EPA by the Commonwealth of Kentucky through the Kentucky Division for Air Quality (KDAQ) on October 15, 2020. The SIP revision was submitted by KDAQ to address the emissions statement requirements for the 2015 8- hour ozone national ambient air quality standards (NAAQS) for Kentucky counties in the Cincinnati, Ohio-Kentucky 2015 8-hour ozone NAAQS nonattainment area (Cincinnati, OH-KY Area), and for some of the Kentucky counties in the Louisville, Kentucky-Indiana 2015 8-hour ozone NAAQS nonattainment area (Louisville, KY-IN Area). Specifically, EPA is approving the emissions statement requirements for portions of Boone, Campbell, and Kenton Counties in the Cincinnati, OH-KY Area, and Bullitt and Oldham Counties in the Louisville, KY-IN Area. EPA will consider and take action, or has considered and taken action, on submissions addressing the emissions statement requirements for the remaining counties in these two nonattainment areas, including the Jefferson County, Kentucky portion of the Louisville, KY-IN Area, in a separate rulemaking. This action is being taken pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 80 (Tuesday, April 26, 2022)</title>
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[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Rules and Regulations]
[Pages 24429-24431]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08867]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0395; FRL-9563-02-R4]
Air Plan Approval; Kentucky; Emissions Statement Requirements for
the 2015 8-Hour Ozone Standard Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Kentucky State Implementation Plan (SIP) submitted to
EPA by the Commonwealth of Kentucky through the Kentucky Division for
Air Quality (KDAQ) on October 15, 2020. The SIP revision was submitted
by KDAQ to address the emissions statement requirements for the 2015 8-
hour ozone national ambient air quality standards (NAAQS) for Kentucky
counties in the Cincinnati, Ohio-Kentucky 2015 8-hour ozone NAAQS
nonattainment area (Cincinnati, OH-KY Area), and for some of the
Kentucky counties in the Louisville, Kentucky-Indiana 2015 8-hour ozone
NAAQS nonattainment area (Louisville, KY-IN Area). Specifically, EPA is
approving the emissions statement requirements for portions of Boone,
Campbell, and Kenton Counties in the Cincinnati, OH-KY Area, and
Bullitt and Oldham Counties in the Louisville, KY-IN Area. EPA will
consider and take action, or has considered and taken action, on
submissions addressing the emissions statement requirements for the
remaining counties in these two nonattainment areas, including the
Jefferson County, Kentucky portion of the Louisville, KY-IN Area, in a
separate rulemaking. This action is being taken pursuant to the Clean
Air Act (CAA or Act).
DATES: This rule is effective May 26, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0395. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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: 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
<a href="/cdn-cgi/l/email-protection#eb898e8787c59f828e998e8592ab8e9b8ac58c849d"><span class="__cf_email__" data-cfemail="2745424b4b09534e425542495e6742574609404851">[email protected]</span></a>.
[[Page 24430]]
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. See 80 FR 65292 (October 26, 2015).\1\ 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 June 4, 2018 (effective
August 3, 2018), EPA designated the 7-county Cincinnati, OH-KY Area as
a Marginal ozone nonattainment area for the 2015 8-hour ozone NAAQS.\2\
Also on June 4, 2018 (effective August 3, 2018), EPA designated the 5-
county Louisville, KY-IN Area as a Marginal ozone nonattainment area
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. See 83 FR
25776.
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\1\ The 2015 8-hour 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), Kenton (Partial), in
Kentucky and the entire counties of Butler, Clermont, Hamilton, and
Warren in Ohio. EPA has taken action on the 2015 8-hour ozone NAAQS
nonattainment area emissions statement requirements for the entire
counties of Butler, Clermont, Hamilton, and Warren 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 final action on the 2015 8-hour ozone NAAQS
emissions statement requirements for the Jefferson County, Kentucky
portion of the Louisville, KY-IN Area in a separate rulemaking, see
87 FR 13177 (March 9, 2022), and will take action on the emissions
statement requirements for Clark and Floyd Counties in Indiana in a
separate rulemaking.
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Based on the nonattainment designation, Kentucky was required to
develop a SIP revision addressing certain CAA requirements for an area
designated nonattainment, including, pursuant to satisfying, among
other things, CAA section 182(a)(3)(B). On October 15, 2020,\4\
Kentucky submitted a SIP revision addressing the emissions statement
requirements related to the 2015 8-hour ozone NAAQS for the Kentucky
portion of the Cincinnati, OH-KY Area and for Bullitt and Oldham
Counties in the Kentucky portion of the Louisville, KY-IN Area.
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\4\ KDAQ's transmittal letter for the October 15, 2020, SIP
revision was dated October 15, 2020, and submitted to EPA on October
16, 2020.
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On February 28, 2022, EPA published a Notice of Proposed Rulemaking
(NPRM) proposing to approve the October 15, 2020, SIP revision as
meeting the emissions statement requirements of section 182(a)(3)(B) of
the CAA and EPA's SIP Requirements Rule.\5\ See 87 FR 10998. The
February 28, 2022, NPRM provides additional detail regarding the
background and rationale for EPA's action. Comments on the February 28,
2022, NPRM were due on or before March 30, 2022. EPA received no
comments on the February 28, 2022, NPRM.
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\5\ 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. See 83 FR
62998.
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II. Final Action
EPA is approving the aforementioned October 15, 2020, Kentucky SIP
revision addressing the emissions statement requirements for the 2015
8-hour Ozone NAAQS for portions of Boone, Campbell, and Kenton Counties
in the Cincinnati, OH-KY Area, and Bullitt and Oldham Counties in the
Louisville, KY-IN Area. EPA has determined that Kentucky's SIP revision
meets the requirements of CAA sections 110 and 182.
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 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 June 27, 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
[[Page 24431]]
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 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: April 19, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the 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 a new entry for
``Emissions Statement Requirements for the 2015 Ozone 8-hour NAAQS'' at
the end of the table.
The addition reads as follows:
Sec. 52.920 Identification of plan.
* * * * *
(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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* * * * * * *
Emissions Statement Boone, Campbell, 10/15/2020 4/26/2022, [Insert
Requirements for the 2015 8- and Kenton citation of
hour Ozone NAAQS. Counties publication].
(partial) in
Kentucky portion
of Cincinnati, OH-
KY Area, and
Bullitt and
Oldham Counties
(entire) in
Kentucky portion
of Louisville, KY-
IN Area.
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[FR Doc. 2022-08867 Filed 4-25-22; 8:45 am]
BILLING CODE 6560-50-P
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