Approval and Promulgation of Implementation Plans; Kentucky; Louisville; Fine Particulate Matter 2002 Base Year Emissions Inventory, 31262-31265 [2012-12799]
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Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Proposed Rules
Executive Order 13132, EPA may not
issue a regulation that has Federalism
implications, that imposes substantial
direct compliance costs, and that is not
required by statute, unless the federal
government provides the funds
necessary to pay the direct compliance
costs incurred by state and local
governments, or EPA consults with state
and local officials early in the process
of developing the proposed regulation.
EPA also may not issue a regulation that
has Federalism implications and that
preempts state law unless the Agency
consults with state and local officials
early in the process of developing the
proposed regulation.
This rule will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, because it
merely approves a state rule
implementing a federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
Thus, the requirements of section 6 of
the Executive Order do not apply to this
rule.
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F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This proposed rule does
not have tribal implications, as specified
in Executive Order 13175. It will not
have substantial direct effects on tribal
governments. Thus, Executive Order
13175 does not apply to this rule. EPA
specifically solicits additional comment
on this proposed rule from tribal
officials.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
Protection of Children From
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is
determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
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environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to Executive
Order 13045 because it does not involve
decisions intended to mitigate
environmental health or safety risks.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12 of the NTTAA of 1995
requires federal agencies to evaluate
existing technical standards when
developing a new regulation. To comply
with NTTAA, EPA must consider and
use ‘‘voluntary consensus standards’’
(VCS) if available and applicable when
developing programs and policies
unless doing so would be inconsistent
with applicable law or otherwise
impractical.
EPA believes that VCS are
inapplicable to this action. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 14, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012–12777 Filed 5–24–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0336; FRL–3675–6 ]
Approval and Promulgation of
Implementation Plans; Kentucky;
Louisville; Fine Particulate Matter 2002
Base Year Emissions Inventory
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Proposed rule.
EPA is proposing to approve
the fine particulate matter (PM2.5) 2002
base year emissions inventory, portion
of the State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Kentucky on
December 3, 2008. The emissions
inventory is part of the Kentucky’s
December 3, 2008, SIP revision that was
submitted to meet the nonattainment
requirements related to the
Commonwealth’s portion of the bi-state
Louisville, KY–IN nonattainment area
for the 1997 annual PM2.5 national
ambient air quality standards (NAAQS).
The bi-state Louisville, KY–IN
nonattainment area is comprised of
Clark and Floyd Counties in Indiana, in
their entireties; the Madison Township
portion of Jefferson County, Indiana;
and Bullitt and Jefferson Counties in
Kentucky, in their entireties. This
proposed action only relates to the
Kentucky portion (i.e., Bullitt and
Jefferson Counties) of this Area. EPA
will consider action on the emissions
inventory for the Indiana portion of this
Area in a separate action. This action is
being taken pursuant to section 110 of
the Clean Air Act.
DATES: Comments must be received on
or before June 25, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2012–0336, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–
0336,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2012–
0336. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
SUMMARY:
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Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Proposed Rules
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI 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 in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management 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 to 4:30,
excluding federal holidays.
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FOR FURTHER INFORMATION CONTACT:
Richard Wong, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–8726.
Mr. Wong can be reached via electronic
mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of the Commonwealth’s
Submittal
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA
established an annual PM2.5 NAAQS at
15.0 micrograms per cubic meter based
on a 3-year average of annual mean
PM2.5 concentrations. On January 5,
2005 (70 FR 944), EPA published its air
quality designations and classifications
for the 1997 annual PM2.5 NAAQS based
upon air quality monitoring data for
calendar years 2001–2003. These
designations became effective on April
5, 2005. The bi-state Louisville Area
(which is comprised of Clark and Floyd
Counties in Indiana, in their entireties;
the Madison Township portion of
Jefferson County, Indiana; and Bullitt
and Jefferson Counties in Kentucky in
their entireties) was designated
nonattainment for the 1997 annual
PM2.5 NAAQS. See 40 CFR 81.318 for
Kentucky and 40 CFR 81.315 for
Indiana.
Designation of an area as
nonattainment starts the process for a
state to develop and submit to EPA a
SIP under title I, part D of the Clean Air
Act (CAA or Act). This SIP must
include, among other elements, a
demonstration of how the NAAQS will
be attained in the nonattainment area as
expeditiously as practicable, but no later
than the date required by the CAA.
Under CAA section 172(b), a state has
up to three years after an area’s
designation as nonattainment to submit
its SIP to EPA. For the 1997 PM2.5
NAAQS, these SIPs were due April 5,
2008. See 40 CFR 51.1002(a).
On December 3, 2008, Kentucky
submitted an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, contingency
measures, a 2002 base year emissions
inventory and other planning SIP
revisions related to attainment of the
1997 annual PM2.5 NAAQS in the
Commonwealth’s portion of the bi-state
Louisville Area. Subsequently, on
March 9, 2011 (76 FR 12860), EPA
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31263
determined that the bi-state Louisville
Area attained the 1997 annual average
PM2.5 NAAQS. The determination of
attainment was based upon complete,
quality-assured and certified ambient air
monitoring data for the 2007–2009
period, showing that the Area had
monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements
for the Area to submit an attainment
demonstration and associated RACM,
RFP plan, contingency measures, and
other planning SIP revisions related to
attainment of the standard were
suspended as a result of the
determination of attainment, so long as
the Area continues to attain the 1997
annual PM2.5 NAAQS. See 40 CFR
51.1004(c).
On September 30, 2011, Kentucky
withdrew the nonattainment
submissions (everything with the
exception of the 2002 base year
emissions inventory) for its portion of
the bi-state Louisville Area as allowed
by 40 CFR 51.1004(c). EPA notes that
the determination of attainment did not
suspend the emissions inventory
requirement found in CAA section
172(c)(3), and as such, Kentucky did not
withdraw this portion of its December 3,
2008, SIP revision. Section 172(c)(3) of
the CAA requires submission and
approval of a comprehensive, accurate,
and current inventory of actual
emissions. EPA is now proposing to
approve the emissions inventory portion
of the SIP revision submitted by the
Commonwealth of Kentucky on
December 3, 2008, as required by
section 172(c)(3).
II. Analysis of the Commonwealth’s
Submittal
As discussed above, section 172(c)(3)
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 such area. Kentucky
selected 2002 as base year for the
emissions inventory per 40 CFR
51.1008(b). Emissions contained in
Kentucky’s December 3, 2008, SIP
revision cover the general source
categories of point sources, non-road
mobile sources, area sources, on-road
mobile sources, and biogenic sources. A
detailed discussion of the emissions
inventory development can be found in
Appendix H of the Kentucky submittal;
a summary is provided below.
The table below provides a summary
of the annual 2002 emissions of nitrogen
oxides (NOX), sulfur dioxide (SO2) and
PM2.5 included in the Kentucky
submittal.
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Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Proposed Rules
TABLE 1—2002 ANNUAL EMISSIONS FOR THE LOUISVILLE AREA
[Tons per year]
County
Point sources
NOX
SO2
PM2.5
Bullitt ....................................................................................................................................................................
221
391
56
Jefferson ..............................................................................................................................................................
25,915
41,483
830
County
Non-road sources
NOX
SO2
PM2.5
Bullitt ....................................................................................................................................................................
578
50
44
Jefferson ..............................................................................................................................................................
10,989
1,429
720
County
Area sources
NOX
SO2
PM2.5
Bullitt ....................................................................................................................................................................
51
93
804
Jefferson ..............................................................................................................................................................
234
0
1,083
County
Mobile sources
SO2
PM2.5
Bullitt ....................................................................................................................................................................
2,979
89
43
Jefferson ..............................................................................................................................................................
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NOX
25,864
917
369
The 172(c)(3) emissions inventory is
developed by the incorporation of data
from multiple sources. States were
required to develop and submit to EPA
a triennial emissions inventory
according to the Consolidated Emissions
Reporting Rule for all source categories
(i.e., point, area, nonroad mobile and
on-road mobile). This inventory often
forms the basis of data that are updated
with more recent information and data
that also is used in their attainment
demonstration modeling inventory.
Such was the case in the development
of the 2002 emissions inventory that
was submitted in the Commonwealth’s
attainment SIP for its portion of the bistate Louisville Area. The 2002
emissions inventory was based on data
developed with the Visibility
Improvement State and Tribal
Association of the Southeast (VISTAS)
contractors and submitted by the states
to the 2002 National Emissions
Inventory. Several iterations of the 2002
inventories were developed for the
different emissions source categories
resulting from revisions and updates to
the data. This resulted in the use of
version G2 of the updated data to
represent the point sources’ emissions.
Data from many databases, studies and
models (e.g., Vehicle Miles Traveled,
fuel programs, the NONROAD 2002
model data for commercial marine
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vessels, locomotives and Clean Air
Market Division, etc.) resulted in the
inventory submitted in this SIP. The
data were developed according to
current EPA emissions inventory
guidance ‘‘Emissions Inventory
Guidance for Implementation of Ozone
and Particulate Matter National
Ambient Air Quality Standards
(NAAQS) and Regional Haze
Regulations’’ (August 2005) and a
quality assurance project plan that was
developed through VISTAS and
approved by EPA. EPA preliminarily
agrees that the process used to develop
this inventory was adequate to meet the
requirements of CAA section 172(c)(3)
and the implementing regulations.
EPA has reviewed Kentucky’s
emissions inventory and has
preliminarily determined that it is
adequate for the purposes of meeting
section 172(c)(3) emissions inventory
requirement. Further, EPA has made the
preliminary determination that the
emissions were developed consistent
with the CAA, implementing
regulations and EPA guidance for
emission inventories.
III. Proposed Action
EPA is proposing to approve the 2002
base year emissions inventory portion of
the SIP revision submitted by the
Commonwealth of Kentucky on
December 3, 2008. EPA has made the
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preliminary determination that this
action is consistent with section 110 of
the CAA.
IV. 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.
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. Accordingly, this proposed
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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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
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Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Proposed Rules
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 F43255, 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).
In addition, this proposed rule does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the Commonwealth, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements and
Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 11, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012–12799 Filed 5–24–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R05–OAR–2011–0595; FRL–9677–4]
Approval and Promulgation of
Implementation Plans; Ohio; Volatile
Organic Compound Emission Control
Measures for the Cleveland Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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On June 1, 2011, the Ohio
Environmental Protection Agency (Ohio
EPA) submitted several volatile organic
compound (VOC) rules for approval into
its State Implementation Plan (SIP).
These rules, which include the source
categories covered by the Control
Technique Guideline (CTG) documents
issued in 2008, as well as several other
miscellaneous rule revisions, will help
Ohio’s effort to attain the 2008 ozone
standard. These rules are approvable
because they are consistent with the
CTG documents issued by EPA in 2008,
and satisfy the reasonably available
control technology (RACT) requirements
of the Clean Air Act (Act).
DATES: Comments must be received on
or before June 25, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0595, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: aburano.douglas@epa.gov.
• Fax: (312) 408–2279.
• Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, 18th floor,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2011–
0595. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at www.
regulations.gov, including any personal
information provided, unless the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
SUMMARY:
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31265
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in www.regulations.
gov or in hard copy at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Steven
Rosenthal at (312) 886–6052 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Attainment Planning &
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052, rosenthal.
steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What should I consider as I prepare my
comments for EPA?
II. What action is EPA taking today and what
is the purpose of this action?
III. What is EPA’s analysis of Ohio’s
submitted VOC rules?
IV. Statutory and Executive Order Reviews
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]]>Agencies
[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Proposed Rules]
[Pages 31262-31265]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12799]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0336; FRL-3675-6 ]
Approval and Promulgation of Implementation Plans; Kentucky;
Louisville; Fine Particulate Matter 2002 Base Year Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve the fine particulate matter
(PM2.5) 2002 base year emissions inventory, portion of the
State Implementation Plan (SIP) revision submitted by the Commonwealth
of Kentucky on December 3, 2008. The emissions inventory is part of the
Kentucky's December 3, 2008, SIP revision that was submitted to meet
the nonattainment requirements related to the Commonwealth's portion of
the bi-state Louisville, KY-IN nonattainment area for the 1997 annual
PM2.5 national ambient air quality standards (NAAQS). The
bi-state Louisville, KY-IN nonattainment area is comprised of Clark and
Floyd Counties in Indiana, in their entireties; the Madison Township
portion of Jefferson County, Indiana; and Bullitt and Jefferson
Counties in Kentucky, in their entireties. This proposed action only
relates to the Kentucky portion (i.e., Bullitt and Jefferson Counties)
of this Area. EPA will consider action on the emissions inventory for
the Indiana portion of this Area in a separate action. This action is
being taken pursuant to section 110 of the Clean Air Act.
DATES: Comments must be received on or before June 25, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0336, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2012-0336,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0336. EPA's policy is that all comments received will be included
in the public docket without change and may be
[[Page 31263]]
made available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management 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 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8726. Mr. Wong can be reached via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of the Commonwealth's Submittal
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter based on a 3-
year average of annual mean PM2.5 concentrations. On January
5, 2005 (70 FR 944), EPA published its air quality designations and
classifications for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2001-2003. These
designations became effective on April 5, 2005. The bi-state Louisville
Area (which is comprised of Clark and Floyd Counties in Indiana, in
their entireties; the Madison Township portion of Jefferson County,
Indiana; and Bullitt and Jefferson Counties in Kentucky in their
entireties) was designated nonattainment for the 1997 annual
PM2.5 NAAQS. See 40 CFR 81.318 for Kentucky and 40 CFR
81.315 for Indiana.
Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a SIP under title I, part D of the
Clean Air Act (CAA or Act). This SIP must include, among other
elements, a demonstration of how the NAAQS will be attained in the
nonattainment area as expeditiously as practicable, but no later than
the date required by the CAA. Under CAA section 172(b), a state has up
to three years after an area's designation as nonattainment to submit
its SIP to EPA. For the 1997 PM2.5 NAAQS, these SIPs were
due April 5, 2008. See 40 CFR 51.1002(a).
On December 3, 2008, Kentucky submitted an attainment demonstration
and associated reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, contingency measures, a 2002
base year emissions inventory and other planning SIP revisions related
to attainment of the 1997 annual PM2.5 NAAQS in the
Commonwealth's portion of the bi-state Louisville Area. Subsequently,
on March 9, 2011 (76 FR 12860), EPA determined that the bi-state
Louisville Area attained the 1997 annual average PM2.5
NAAQS. The determination of attainment was based upon complete,
quality-assured and certified ambient air monitoring data for the 2007-
2009 period, showing that the Area had monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements for the Area to submit
an attainment demonstration and associated RACM, RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
standard were suspended as a result of the determination of attainment,
so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS. See 40 CFR 51.1004(c).
On September 30, 2011, Kentucky withdrew the nonattainment
submissions (everything with the exception of the 2002 base year
emissions inventory) for its portion of the bi-state Louisville Area as
allowed by 40 CFR 51.1004(c). EPA notes that the determination of
attainment did not suspend the emissions inventory requirement found in
CAA section 172(c)(3), and as such, Kentucky did not withdraw this
portion of its December 3, 2008, SIP revision. Section 172(c)(3) of the
CAA requires submission and approval of a comprehensive, accurate, and
current inventory of actual emissions. EPA is now proposing to approve
the emissions inventory portion of the SIP revision submitted by the
Commonwealth of Kentucky on December 3, 2008, as required by section
172(c)(3).
II. Analysis of the Commonwealth's Submittal
As discussed above, section 172(c)(3) 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
such area. Kentucky selected 2002 as base year for the emissions
inventory per 40 CFR 51.1008(b). Emissions contained in Kentucky's
December 3, 2008, SIP revision cover the general source categories of
point sources, non-road mobile sources, area sources, on-road mobile
sources, and biogenic sources. A detailed discussion of the emissions
inventory development can be found in Appendix H of the Kentucky
submittal; a summary is provided below.
The table below provides a summary of the annual 2002 emissions of
nitrogen oxides (NOX), sulfur dioxide (SO2) and
PM2.5 included in the Kentucky submittal.
[[Page 31264]]
Table 1--2002 Annual Emissions for the Louisville Area
[Tons per year]
------------------------------------------------------------------------
------------------------------------------------------------------------
County Point sources
--------------------------------
NOX SO2 PM2.5
------------------------------------------------------------------------
Bullitt................................ 221 391 56
------------------------------------------------------------------------
Jefferson.............................. 25,915 41,483 830
------------------------------------------------------------------------
County Non-road sources
--------------------------------
NOX SO2 PM2.5
------------------------------------------------------------------------
Bullitt................................ 578 50 44
------------------------------------------------------------------------
Jefferson.............................. 10,989 1,429 720
------------------------------------------------------------------------
County Area sources
--------------------------------
NOX SO2 PM2.5
------------------------------------------------------------------------
Bullitt................................ 51 93 804
------------------------------------------------------------------------
Jefferson.............................. 234 0 1,083
------------------------------------------------------------------------
County Mobile sources
--------------------------------
NOX SO2 PM2.5
------------------------------------------------------------------------
Bullitt................................ 2,979 89 43
------------------------------------------------------------------------
Jefferson.............................. 25,864 917 369
------------------------------------------------------------------------
The 172(c)(3) emissions inventory is developed by the incorporation
of data from multiple sources. States were required to develop and
submit to EPA a triennial emissions inventory according to the
Consolidated Emissions Reporting Rule for all source categories (i.e.,
point, area, nonroad mobile and on-road mobile). This inventory often
forms the basis of data that are updated with more recent information
and data that also is used in their attainment demonstration modeling
inventory. Such was the case in the development of the 2002 emissions
inventory that was submitted in the Commonwealth's attainment SIP for
its portion of the bi-state Louisville Area. The 2002 emissions
inventory was based on data developed with the Visibility Improvement
State and Tribal Association of the Southeast (VISTAS) contractors and
submitted by the states to the 2002 National Emissions Inventory.
Several iterations of the 2002 inventories were developed for the
different emissions source categories resulting from revisions and
updates to the data. This resulted in the use of version G2 of the
updated data to represent the point sources' emissions. Data from many
databases, studies and models (e.g., Vehicle Miles Traveled, fuel
programs, the NONROAD 2002 model data for commercial marine vessels,
locomotives and Clean Air Market Division, etc.) resulted in the
inventory submitted in this SIP. The data were developed according to
current EPA emissions inventory guidance ``Emissions Inventory Guidance
for Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze Regulations'' (August 2005)
and a quality assurance project plan that was developed through VISTAS
and approved by EPA. EPA preliminarily agrees that the process used to
develop this inventory was adequate to meet the requirements of CAA
section 172(c)(3) and the implementing regulations.
EPA has reviewed Kentucky's emissions inventory and has
preliminarily determined that it is adequate for the purposes of
meeting section 172(c)(3) emissions inventory requirement. Further, EPA
has made the preliminary determination that the emissions were
developed consistent with the CAA, implementing regulations and EPA
guidance for emission inventories.
III. Proposed Action
EPA is proposing to approve the 2002 base year emissions inventory
portion of the SIP revision submitted by the Commonwealth of Kentucky
on December 3, 2008. EPA has made the preliminary determination that
this action is consistent with section 110 of the CAA.
IV. 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. 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. Accordingly, this
proposed 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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
[[Page 31265]]
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 F43255, 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).
In addition, this proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the Commonwealth, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental protection, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements and Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 11, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-12799 Filed 5-24-12; 8:45 am]
BILLING CODE 6560-50-P
