Air Plan Approval; Kentucky; Regional Haze Plan and Prong 4 (Visibility) for the 1997 Ozone, 2010 NO2, 13800-13803 [2019-06740]
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13800
§ 555.126
Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Rules and Regulations
[Amended]
15. Amend § 555.126 by removing
‘‘Explosives transaction record for
distribution of explosive materials prior
to May 24, 2003 and’’ and ‘‘on and after
May 24, 2003’’ from the section heading
and removing and reserving paragraph
(a).
■
§ 555.142
[Amended]
16. In § 555.142, remove ‘‘(effective
January 24, 2003)’’ from the section
heading.
■
§ 555.165
[Amended]
[Amended]
18. In § 555.201, remove and reserve
paragraph (e).
■
[Amended]
19. In § 555.202, remove ‘‘See also
§ 555.201(e).’’ in paragraph (a).
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§ 555.218
[Amended]
20. In § 555.218, remove ‘‘July, 1991’’
in the table heading and add in its place
‘‘June 1991’’.
■
§ 555.219
[Amended]
21. In § 555.219, add the table heading
‘‘TABLE: DEPARTMENT OF DEFENSE
AMMUNITION AND EXPLOSIVES
STANDARDS, TABLE 5–4.1 EXTRACT;
4145.27 M, MARCH 1969’’ below the
table.
■
§ 555.220
[Amended]
22. Amend § 555.220 as follows:
a. Remove ‘‘TABLE: DEPARTMENT
OF DEFENSE AMMUNITION AND
EXPLOSIVES STANDARDS, TABLE 5–
4.1 EXTRACT; 4145.27 M, MARCH
1969’’ from above the table; and
■ b. Remove ‘‘1015 18th St. N.W.,
Washington, DC 20036’’ in the footnote
to paragraph (3).
■
■
§ 555.224
[Amended]
23. Amend § 555.224 as follows:
a. Remove ‘‘(30 days from the date of
publication of the final rule in the
Federal Register)’’ in footnote 3 and add
in its place ‘‘March 7, 1990’’; and
■ b. Add ‘‘(55 FR 3717)’’at the end of
footnote 3.
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Dated: April 2, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019–06912 Filed 4–5–19; 8:45 am]
BILLING CODE 4410–FY–P
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[EPA–R04–OAR–2018–0799; FRL–9991–82–
Region 4]
Air Plan Approval; Kentucky; Regional
Haze Plan and Prong 4 (Visibility) for
the 1997 Ozone, 2010 NO2, 2010 SO2,
and 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
17. In § 555.165, remove ‘‘On and after
January 24, 2003, any licensee or
permittee’’ in paragraph (b) and add in
its place ‘‘Any licensee or permittee’’.
§ 555.202
40 CFR Part 52
AGENCY:
■
§ 555.201
ENVIRONMENTAL PROTECTION
AGENCY
The Environmental Protection
Agency (EPA) is taking four actions
regarding the Kentucky State
Implementation Plan (SIP). Specifically,
EPA is approving Kentucky’s November
16, 2018, SIP submittal seeking to
change reliance from the Clean Air
Interstate Rule (CAIR) to the Cross-State
Air Pollution Rule (CSAPR) for certain
regional haze requirements; converting
EPA’s limited approval/limited
disapproval of Kentucky’s regional haze
SIP to a full approval; removing EPA’s
Federal Implementation Plan (FIP) for
Kentucky which relied on CSAPR to
address the deficiencies identified in
the limited disapproval of Kentucky’s
regional haze SIP; and approving the
visibility prong of Kentucky’s
infrastructure SIP submittals for the
1997 8-hour Ozone, 2010 Nitrogen
Dioxide (NO2), 2010 Sulfur Dioxide
(SO2), and 2012 Fine Particulate Matter
(PM2.5) National Ambient Air Quality
Standards (NAAQS).
DATES: This rule will be effective May 8,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0799. All documents in the
dockets 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
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
SUMMARY:
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listed in the FOR FURTHER INFORMATION
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:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Notarianni can
be reached by telephone at (404) 562–
9031 or via electronic mail
notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
CONTACT
I. Background
On March 30, 2012, EPA finalized a
limited approval and a limited
disapproval of SIP revisions submitted
by Kentucky on June 25, 2008, and May
28, 2010, addressing regional haze
program requirements.1 The limited
disapproval of these SIP revisions was
based upon, and limited to, the
Commonwealth’s reliance on CAIR as
an alternative to best available retrofit
technology (BART) for nitrogen oxide
(NOX) and SO2 at certain electric
generating units (EGUs); as a measure
for reasonable progress with respect to
SO2 emissions from these units during
the first implementation period; 2 and as
an element of a long-term strategy (LTS)
for achieving its reasonable progress
goals (RPGs).3 In the March 30, 2012,
1 See
77 FR 19098.
approved Kentucky’s determination in its
regional haze SIP revisions to focus solely on
evaluating SO2 emissions from EGU and non-EGU
point sources in its reasonable progress analysis for
the first implementation period. See 77 FR 19098
(March 30, 2012). Kentucky based its determination
on a sensitivity analysis from the Visibility
Improvement State and Tribal Association of the
Southeast (VISTAS) regional planning organization
demonstrating that sulfate particles resulting from
SO2 emissions are the dominant contributor to
visibility impairment on the 20 percent worst days
at all Class I areas in the VISTAS states, including
Kentucky. For more information, see 76 FR 78194
(December 16, 2011).
3 EPA demonstrated that CAIR would achieve
greater reasonable progress than BART in revisions
to the regional haze program made in 2005. See 70
FR 39104 (July 6, 2005). In those revisions, EPA
amended its regulations to provide that states
participating in the CAIR cap-and-trade programs
pursuant to an EPA-approved CAIR SIP or states
that remain subject to a CAIR FIP need not require
affected BART-eligible EGUs to install, operate, and
maintain BART for emissions of SO2 and NOX. As
a result of EPA’s determination that CAIR was
‘‘better-than-BART,’’ a number of states in the CAIR
region, including Kentucky, relied on the CAIR capand-trade programs as an alternative to BART for
EGU emissions of SO2 and NOX in designing their
regional haze plans. These states also relied on
CAIR as an element of an LTS for achieving their
reasonable progress goals (RPGs) for their regional
haze programs. However, in 2008, the United States
2 EPA
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action, EPA determined that Kentucky’s
regional haze SIP revisions satisfied all
other necessary elements for a fully
approvable regional haze program,
including BART for particulate matter
(PM) at EGUs formerly subject to CAIR.
On June 7, 2012, EPA finalized a FIP for
Kentucky (hereinafter referred to as the
‘‘partial Regional Haze FIP’’) that
replaced reliance on CAIR with reliance
on CSAPR to meet NOX and SO2 BART
for EGUs formerly subject to CAIR
thereby addressing the deficiencies in
the Commonwealth’s CAIR-dependent
regional haze SIP.4
On November 16, 2018, Kentucky
submitted a SIP revision to change its
reliance from CAIR to CSAPR for the
purpose of meeting the NOX and SO2
BART requirements for EGUs formerly
subject to CAIR; the reasonable progress
requirements with respect to SO2
emissions from these units; and the
requirement that an LTS contain all
measures necessary to achieve
reasonable progress, thereby eliminating
the Commonwealth’s need for the
partial Regional Haze FIP. Kentucky
also submitted the SIP revision to satisfy
its outstanding interstate visibility
transport obligations under section
110(a)(2)(D)(i)(II) of the CAA (also
known as ‘‘prong 4’’). Thus, Kentucky is
seeking EPA approval for its 1997 8hour ozone infrastructure SIP (iSIP)
submission (December 13, 2007); 2010
1-hour NO2 and 2010 1-hour SO2 iSIP
submission (April 26, 2013); and annual
PM2.5 iSIP submission (February 8,
2016).5
Prong 4 requires that a state’s
implementation plan include adequate
provisions prohibiting any source or
other type of emissions activity in one
state from interfering with measures to
protect visibility required to be included
in another state’s implementation plan.
EPA’s 2013 Guidance on Infrastructure
SIP Elements under Clean Air Act
Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) remanded CAIR to EPA
without vacatur to preserve the environmental
benefits provided by CAIR. North Carolina v. EPA,
550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8,
2011 (76 FR 48208), acting on the D.C. Circuit’s
remand, EPA promulgated CSAPR to replace CAIR
and issued FIPs to implement the rule in CSAPRsubject states. CSAPR has now replaced the CAIR
program. Kentucky is subject to the CSAPR annual
NOX, ozone-season NOX, and SO2 trading programs.
4 77 FR 33642.
5 By statute, plans meeting the requirements of
sections 110(a)(1) and (2) of the CAA are to be
submitted by states within three years (or less, if the
Administrator so prescribes) after promulgation of
a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of
the new or revised NAAQS. EPA has historically
referred to these SIP submissions made for the
purpose of satisfying the requirements of sections
110(a)(1) and 110(a)(2) as ‘‘infrastructure SIP’’
submissions.
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Sections 110(a)(1) and 110(a)(2) (2013
Guidance) provides that one way a state
may demonstrate that its SIP will ensure
that emissions from the state will not
interfere with measures required to be
in other states’ plans to protect visibility
(i.e., to satisfy prong 4) is through
confirmation in its infrastructure SIP
submission that it has an approved
regional haze SIP that fully meets the
requirements of 40 CFR 51.308 or
51.309.6 Kentucky’s aforementioned
iSIPs rely on the Commonwealth’s
regional haze SIP to satisfy prong 4
requirements; therefore, today’s full
approval of Kentucky’s regional haze
SIP allows for approval of the prong 4
elements in these iSIPs.
On February 15, 2019 (84 FR 4407),
EPA published a notice of proposed
rulemaking (NPRM) proposing to: (1)
Approve Kentucky’s November 16,
2018, SIP submission to change reliance
from CAIR to CSAPR in its regional haze
SIP; (2) convert EPA’s limited approval/
limited disapproval of Kentucky’s
regional haze SIP to a full approval; (3)
remove EPA’s FIP for Kentucky which
replaced reliance on CAIR with reliance
on CSAPR to address the deficiencies
identified in the limited disapproval of
Kentucky’s regional haze SIP; and (4)
approve the prong 4 portions of
Kentucky’s 1997 8-hour ozone iSIP
submission (December 13, 2007); 2010
1-hour NO2 and 2010 1-hour SO2 iSIP
submission (April 26, 2013); and 2012
annual PM2.5 iSIP submission (February
8, 2016). EPA did not receive any
comments on its February 15, 2019,
proposal.
II. Summary of SIP Revision and EPA
Analysis
Kentucky’s November 16, 2018, SIP
revision corrects the deficiencies
identified by EPA in the June 7, 2012
limited disapproval of the
Commonwealth’s regional haze SIP by
replacing reliance on CAIR with
reliance on CSAPR. As discussed in the
NPRM in greater detail, EPA finds that
this SIP revision satisfies the NOX and
SO2 BART requirements for EGUs
formerly subject to CAIR; the reasonable
progress requirements with respect to
SO2 emissions from these units; and the
requirement that an LTS contain all
measures necessary to achieve
reasonable progress, and thus, allows for
a fully-approvable regional haze SIP.
6 See EPA, Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2), at 33 (Sept.
13, 2013), available at https://www3.epa.gov/
airquality/urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf.
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EPA finds that the Commonwealth’s
reliance on CSAPR for certain BART,
reasonable progress, and LTS
requirements is in accordance with the
CAA and regional haze rule
requirements (including 40 CFR
51.308(e)(2)), as EPA has recently
affirmed that CSAPR remains an
appropriate alternative to sourcespecific BART controls for EGUs
participating in CSAPR.7 In that action,
EPA determined that changes to
CSAPR’s geographic scope resulting
from the actions that EPA has taken in
response to the CSAPR budget remand
in EME Homer City Generation, L.P. v.
EPA, 795 F.3d 118 (D.C. Cir. 2015) do
not affect the continued validity of
participation in CSAPR as a BART
alternative.8 Because the deficiencies in
Kentucky’s regional haze SIP that were
identified in EPA’s limited disapproval
are addressed through the November 16,
2018 SIP revision, the Agency is now
fully approving the Commonwealth’s
regional haze SIP.
Additionally, EPA finds that the
prong 4 portions of Kentucky’s iSIP
submittals for the 1997 8-hour ozone,
2010 1-hour NO2, 2010 1-hour SO2, and
2012 annual PM2.5 NAAQS are fully
approvable because Kentucky now has a
fully-approved regional haze SIP. The
specific details of these iSIP revisions
and the November 16, 2018 regional
haze SIP revision and the rationale for
EPA’s approval of these SIP revisions
are discussed in the NPRM.
III. Final Action
EPA finds that Kentucky’s November
16, 2018, SIP revision satisfies the NOX
and SO2 BART requirements for EGUs
formerly subject to CAIR; the
Commonwealth’s reasonable progress
obligations with respect to SO2
emissions from these EGUs; and, in
combination with the previously
approved elements of Kentucky’s
regional haze SIP, the requirement that
7 See
82 FR 45481 (September 29, 2017).
parties filed petitions for review of
CSAPR in the D.C. Circuit, and on August 21, 2012,
the court issued its ruling, vacating and remanding
CSAPR to EPA and ordering continued
implementation of CAIR. EME Homer City
Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir.
2012). The D.C. Circuit’s vacatur of CSAPR was
reversed by the United States Supreme Court on
April 29, 2014, and the case was remanded to the
D.C. Circuit to resolve remaining issues in
accordance with the high court’s ruling. EPA v.
EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014). On remand, the D.C. Circuit affirmed
CSAPR in most respects, but invalidated without
vacating some of the CSAPR budgets as to a number
of states. EME Homer City Generation, L.P. v. EPA,
795 F.3d 118 (D.C. Cir. 2015). The remanded
budgets included the Phase 2 SO2 emissions
budgets for four states and the Phase 2 ozone-season
NOX budgets for 11 states. The court did not
invalidate the CSAPR budgets for Kentucky.
8 Numerous
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the Commonwealth’s LTS contain the
measures necessary to achieve
reasonable progress. Accordingly, EPA
is taking the following actions: (1)
Approving Kentucky’s November 16,
2018, SIP submission to change reliance
from CAIR to CSAPR in the
Commonwealth’s regional haze SIP; (2)
converting EPA’s limited approval/
limited disapproval of Kentucky’s
regional haze SIP to a full approval; (3)
removing EPA’s FIP for Kentucky which
replaced reliance on CAIR with reliance
on CSAPR to address the deficiencies
identified in the limited disapproval of
Kentucky’s regional haze SIP; and (4)
approving the prong 4 portion of
Kentucky’s 1997 8-hour Ozone iSIP
submission (December 13, 2007); 2010
1-hour NO2 and 2010 1-hour SO2 iSIP
submission (April 26, 2013); and 2012
annual PM2.5 iSIP submission (February
8, 2016). All other iSIP requirements
applicable to these Kentucky
infrastructure SIP submissions have
been or will be addressed in separate
rulemakings.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because this
action is not significant under Executive
Order 12866.
C. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, because it does not contain any
information collection activities.
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D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandates as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action imposes no
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enforceable duty on any state, local or
tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It 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.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, in Kentucky. It will not
have substantial direct effects on tribal
governments. EPA has determined that
this action does not have substantial
direct effects on tribal governments
because, as it relates to prong 4, this
action is not approving any specific
rule, but rather determining that the
approved SIP for Kentucky meets
certain CAA requirements. As it relates
to the regional haze SIP, replacing
reliance on CAIR with reliance on
CSAPR has no substantial direct effects
because the reliance on CSAPR for
regional haze purposes in Kentucky
already existed through a FIP. EPA
notes that this action will not impose
substantial direct costs on Tribal
governments or preempt Tribal law.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
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K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes that this action does not
have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations, and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
EPA will submit a rule report to each
House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
M. Judicial Review
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 7, 2019. Filing a petition
for reconsideration by the Administrator
of this final rules 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
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
Matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: March 29, 2019.
Andrew R. Wheeler,
EPA Administrator.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e), is amended by
adding new entries for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
1997 8-hour Ozone NAAQS’’, ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 1-hour NO2 NAAQS’’,
‘‘110(a)(1) and (2) Infrastructure
■
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Requirements for the 2010 1-hour SO2
NAAQS’’, ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ and ‘‘Regional
Haze Plan Revision’’ at the end of the
table to read as follows:
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment area
Name of non-regulatory SIP
provision
*
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 1997 8hour Ozone NAAQS.
110(a)(1) and (2) Infrastructure
Requirements for the 2010 1hour NO2 NAAQS.
110(a)(1) and (2) Infrastructure
Requirements for the 2010 1hour SO2 NAAQS.
110(a)(1) and (2) Infrastructure
Requirements for the 2012
Annual PM2.5 NAAQS.
Regional Haze Plan Revision ....
§ 52.936
*
*
Addressing
prong
4
110(a)(2)(D)(i)(II) only.
of
section
Kentucky ...................
4/26/2013
4/8/2019, [Insert citation of publication].
Addressing
prong
4
110(a)(2)(D)(i)(II) only.
of
section
Kentucky ...................
4/26/2013
4/8/2019, [Insert citation of publication].
Addressing
prong
4
110(a)(2)(D)(i)(II) only.
of
section
Kentucky ...................
2/8/2016
4/8/2019, [Insert citation of publication].
Addressing
prong
4
110(a)(2)(D)(i)(II) only.
of
section
Kentucky ...................
11/16/2018
4/8/2019, [Insert citation of publication].
[FR Doc. 2019–06740 Filed 4–5–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0769; FRL–9991–71–
Region 10]
Air Plan Approval; ID, Kraft Pulp Mill
Rule Revisions
Randall Ruddick at (206) 553–1999,
ruddick.randall@epa.gov, or Attn:
Randall Ruddick, EPA Region 10, Office
of Air and Waste (OAW–155), 1200 6th
Ave., Seattle, WA 98101.
Environmental Protection
Agency.
Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to Idaho’s State
Implementation Plan (SIP) submitted by
the Idaho Department of Environmental
Quality (IDEQ) on November 2, 2018.
The submitted revisions update Idaho’s
rules by removing obsolete and
duplicative requirements as well as
requirements less stringent than
applicable Federal regulations.
DATES: This final rule is effective May 8,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0769, at
https://www.regulations.gov. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
SUMMARY:
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some information is not publicly
available, e.g., Confidential Business
Information (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 through https://
www.regulations.gov, or please contact
the person identified in the ‘‘For Further
Information Contact’’ section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
ACTION:
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*
4/8/2019, [Insert citation of publication].
[Reserved]
15:49 Apr 05, 2019
*
Explanations
12/13/2007
3. Section 52.936 is removed and
reserved.
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Kentucky ...................
■
AGENCY:
State
submittal
date/effective
date
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background
On November 2, 2018, the Idaho
Department of Environmental Quality
(IDEQ) submitted revisions to the SIP
that remove Idaho’s 1994 version of
IDAPA 58.01.01.815, .816, and .819
through .826, and add the State’s
current (2012) version of IDAPA
58.01.01.815 and .818 into the SIP.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
On February 13, 2019, the
Environmental Protection Agency (EPA)
proposed to approve Idaho’s November
2, 2018 submission. Please see the
proposed approval for further
explanation (84 FR 3744). The public
comment period for our proposed action
ended on March 15, 2019. We did not
receive any comments on this action.
Therefore, we are finalizing our action
as proposed.
II. Final Action
EPA is approving and incorporating
by reference into Idaho’s SIP, all
revisions to IDAPA 58.01.01.815 and
.818 (state effective March 29, 2012) as
requested by Idaho on November 2,
2018. EPA is also approving, as
requested by Idaho on November 2,
2018, removal of IDAPA 58.01.01.816,
.817, and .821 through .826 from the
Idaho SIP. We have determined that the
submitted SIP revisions are consistent
with section 110 of Title I of the CAA.
III. Incorporation by Reference
In this rule, EPA is approving
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is incorporating by reference
the provisions described above in
Section II. Final Action and set forth
below, as amendments to 40 CFR part
52.
Also in this rule, EPA is removing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is removing the incorporation
E:\FR\FM\08APR1.SGM
08APR1
Agencies
[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Rules and Regulations]
[Pages 13800-13803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06740]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0799; FRL-9991-82-Region 4]
Air Plan Approval; Kentucky; Regional Haze Plan and Prong 4
(Visibility) for the 1997 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking four
actions regarding the Kentucky State Implementation Plan (SIP).
Specifically, EPA is approving Kentucky's November 16, 2018, SIP
submittal seeking to change reliance from the Clean Air Interstate Rule
(CAIR) to the Cross-State Air Pollution Rule (CSAPR) for certain
regional haze requirements; converting EPA's limited approval/limited
disapproval of Kentucky's regional haze SIP to a full approval;
removing EPA's Federal Implementation Plan (FIP) for Kentucky which
relied on CSAPR to address the deficiencies identified in the limited
disapproval of Kentucky's regional haze SIP; and approving the
visibility prong of Kentucky's infrastructure SIP submittals for the
1997 8-hour Ozone, 2010 Nitrogen Dioxide (NO2), 2010 Sulfur
Dioxide (SO2), and 2012 Fine Particulate Matter
(PM2.5) National Ambient Air Quality Standards (NAAQS).
DATES: This rule will be effective May 8, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0799. All documents in the dockets
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 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 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached by telephone at (404) 562-
9031 or via electronic mail [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 30, 2012, EPA finalized a limited approval and a limited
disapproval of SIP revisions submitted by Kentucky on June 25, 2008,
and May 28, 2010, addressing regional haze program requirements.\1\ The
limited disapproval of these SIP revisions was based upon, and limited
to, the Commonwealth's reliance on CAIR as an alternative to best
available retrofit technology (BART) for nitrogen oxide
(NOX) and SO2 at certain electric generating
units (EGUs); as a measure for reasonable progress with respect to
SO2 emissions from these units during the first
implementation period; \2\ and as an element of a long-term strategy
(LTS) for achieving its reasonable progress goals (RPGs).\3\ In the
March 30, 2012,
[[Page 13801]]
action, EPA determined that Kentucky's regional haze SIP revisions
satisfied all other necessary elements for a fully approvable regional
haze program, including BART for particulate matter (PM) at EGUs
formerly subject to CAIR. On June 7, 2012, EPA finalized a FIP for
Kentucky (hereinafter referred to as the ``partial Regional Haze FIP'')
that replaced reliance on CAIR with reliance on CSAPR to meet
NOX and SO2 BART for EGUs formerly subject to
CAIR thereby addressing the deficiencies in the Commonwealth's CAIR-
dependent regional haze SIP.\4\
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\1\ See 77 FR 19098.
\2\ EPA approved Kentucky's determination in its regional haze
SIP revisions to focus solely on evaluating SO2 emissions
from EGU and non-EGU point sources in its reasonable progress
analysis for the first implementation period. See 77 FR 19098 (March
30, 2012). Kentucky based its determination on a sensitivity
analysis from the Visibility Improvement State and Tribal
Association of the Southeast (VISTAS) regional planning organization
demonstrating that sulfate particles resulting from SO2
emissions are the dominant contributor to visibility impairment on
the 20 percent worst days at all Class I areas in the VISTAS states,
including Kentucky. For more information, see 76 FR 78194 (December
16, 2011).
\3\ EPA demonstrated that CAIR would achieve greater reasonable
progress than BART in revisions to the regional haze program made in
2005. See 70 FR 39104 (July 6, 2005). In those revisions, EPA
amended its regulations to provide that states participating in the
CAIR cap-and-trade programs pursuant to an EPA-approved CAIR SIP or
states that remain subject to a CAIR FIP need not require affected
BART-eligible EGUs to install, operate, and maintain BART for
emissions of SO2 and NOX. As a result of EPA's
determination that CAIR was ``better-than-BART,'' a number of states
in the CAIR region, including Kentucky, relied on the CAIR cap-and-
trade programs as an alternative to BART for EGU emissions of
SO2 and NOX in designing their regional haze
plans. These states also relied on CAIR as an element of an LTS for
achieving their reasonable progress goals (RPGs) for their regional
haze programs. However, in 2008, the United States Court of Appeals
for the District of Columbia Circuit (D.C. Circuit) remanded CAIR to
EPA without vacatur to preserve the environmental benefits provided
by CAIR. North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir.
2008). On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, EPA promulgated CSAPR to replace CAIR and issued FIPs to
implement the rule in CSAPR-subject states. CSAPR has now replaced
the CAIR program. Kentucky is subject to the CSAPR annual
NOX, ozone-season NOX, and SO2
trading programs.
\4\ 77 FR 33642.
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On November 16, 2018, Kentucky submitted a SIP revision to change
its reliance from CAIR to CSAPR for the purpose of meeting the
NOX and SO2 BART requirements for EGUs formerly
subject to CAIR; the reasonable progress requirements with respect to
SO2 emissions from these units; and the requirement that an
LTS contain all measures necessary to achieve reasonable progress,
thereby eliminating the Commonwealth's need for the partial Regional
Haze FIP. Kentucky also submitted the SIP revision to satisfy its
outstanding interstate visibility transport obligations under section
110(a)(2)(D)(i)(II) of the CAA (also known as ``prong 4''). Thus,
Kentucky is seeking EPA approval for its 1997 8-hour ozone
infrastructure SIP (iSIP) submission (December 13, 2007); 2010 1-hour
NO2 and 2010 1-hour SO2 iSIP submission (April
26, 2013); and annual PM2.5 iSIP submission (February 8,
2016).\5\
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\5\ By statute, plans meeting the requirements of sections
110(a)(1) and (2) of the CAA are to be submitted by states within
three years (or less, if the Administrator so prescribes) after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made
for the purpose of satisfying the requirements of sections 110(a)(1)
and 110(a)(2) as ``infrastructure SIP'' submissions.
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Prong 4 requires that a state's implementation plan include
adequate provisions prohibiting any source or other type of emissions
activity in one state from interfering with measures to protect
visibility required to be included in another state's implementation
plan. EPA's 2013 Guidance on Infrastructure SIP Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2) (2013 Guidance) provides that
one way a state may demonstrate that its SIP will ensure that emissions
from the state will not interfere with measures required to be in other
states' plans to protect visibility (i.e., to satisfy prong 4) is
through confirmation in its infrastructure SIP submission that it has
an approved regional haze SIP that fully meets the requirements of 40
CFR 51.308 or 51.309.\6\ Kentucky's aforementioned iSIPs rely on the
Commonwealth's regional haze SIP to satisfy prong 4 requirements;
therefore, today's full approval of Kentucky's regional haze SIP allows
for approval of the prong 4 elements in these iSIPs.
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\6\ See EPA, Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2), at 33 (Sept. 13, 2013), available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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On February 15, 2019 (84 FR 4407), EPA published a notice of
proposed rulemaking (NPRM) proposing to: (1) Approve Kentucky's
November 16, 2018, SIP submission to change reliance from CAIR to CSAPR
in its regional haze SIP; (2) convert EPA's limited approval/limited
disapproval of Kentucky's regional haze SIP to a full approval; (3)
remove EPA's FIP for Kentucky which replaced reliance on CAIR with
reliance on CSAPR to address the deficiencies identified in the limited
disapproval of Kentucky's regional haze SIP; and (4) approve the prong
4 portions of Kentucky's 1997 8-hour ozone iSIP submission (December
13, 2007); 2010 1-hour NO2 and 2010 1-hour SO2
iSIP submission (April 26, 2013); and 2012 annual PM2.5 iSIP
submission (February 8, 2016). EPA did not receive any comments on its
February 15, 2019, proposal.
II. Summary of SIP Revision and EPA Analysis
Kentucky's November 16, 2018, SIP revision corrects the
deficiencies identified by EPA in the June 7, 2012 limited disapproval
of the Commonwealth's regional haze SIP by replacing reliance on CAIR
with reliance on CSAPR. As discussed in the NPRM in greater detail, EPA
finds that this SIP revision satisfies the NOX and
SO2 BART requirements for EGUs formerly subject to CAIR; the
reasonable progress requirements with respect to SO2
emissions from these units; and the requirement that an LTS contain all
measures necessary to achieve reasonable progress, and thus, allows for
a fully-approvable regional haze SIP.
EPA finds that the Commonwealth's reliance on CSAPR for certain
BART, reasonable progress, and LTS requirements is in accordance with
the CAA and regional haze rule requirements (including 40 CFR
51.308(e)(2)), as EPA has recently affirmed that CSAPR remains an
appropriate alternative to source-specific BART controls for EGUs
participating in CSAPR.\7\ In that action, EPA determined that changes
to CSAPR's geographic scope resulting from the actions that EPA has
taken in response to the CSAPR budget remand in EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015) do not affect
the continued validity of participation in CSAPR as a BART
alternative.\8\ Because the deficiencies in Kentucky's regional haze
SIP that were identified in EPA's limited disapproval are addressed
through the November 16, 2018 SIP revision, the Agency is now fully
approving the Commonwealth's regional haze SIP.
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\7\ See 82 FR 45481 (September 29, 2017).
\8\ Numerous parties filed petitions for review of CSAPR in the
D.C. Circuit, and on August 21, 2012, the court issued its ruling,
vacating and remanding CSAPR to EPA and ordering continued
implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696
F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit's vacatur of CSAPR was
reversed by the United States Supreme Court on April 29, 2014, and
the case was remanded to the D.C. Circuit to resolve remaining
issues in accordance with the high court's ruling. EPA v. EME Homer
City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C.
Circuit affirmed CSAPR in most respects, but invalidated without
vacating some of the CSAPR budgets as to a number of states. EME
Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015).
The remanded budgets included the Phase 2 SO2 emissions
budgets for four states and the Phase 2 ozone-season NOX
budgets for 11 states. The court did not invalidate the CSAPR
budgets for Kentucky.
---------------------------------------------------------------------------
Additionally, EPA finds that the prong 4 portions of Kentucky's
iSIP submittals for the 1997 8-hour ozone, 2010 1-hour NO2,
2010 1-hour SO2, and 2012 annual PM2.5 NAAQS are
fully approvable because Kentucky now has a fully-approved regional
haze SIP. The specific details of these iSIP revisions and the November
16, 2018 regional haze SIP revision and the rationale for EPA's
approval of these SIP revisions are discussed in the NPRM.
III. Final Action
EPA finds that Kentucky's November 16, 2018, SIP revision satisfies
the NOX and SO2 BART requirements for EGUs
formerly subject to CAIR; the Commonwealth's reasonable progress
obligations with respect to SO2 emissions from these EGUs;
and, in combination with the previously approved elements of Kentucky's
regional haze SIP, the requirement that
[[Page 13802]]
the Commonwealth's LTS contain the measures necessary to achieve
reasonable progress. Accordingly, EPA is taking the following actions:
(1) Approving Kentucky's November 16, 2018, SIP submission to change
reliance from CAIR to CSAPR in the Commonwealth's regional haze SIP;
(2) converting EPA's limited approval/limited disapproval of Kentucky's
regional haze SIP to a full approval; (3) removing EPA's FIP for
Kentucky which replaced reliance on CAIR with reliance on CSAPR to
address the deficiencies identified in the limited disapproval of
Kentucky's regional haze SIP; and (4) approving the prong 4 portion of
Kentucky's 1997 8-hour Ozone iSIP submission (December 13, 2007); 2010
1-hour NO2 and 2010 1-hour SO2 iSIP submission
(April 26, 2013); and 2012 annual PM2.5 iSIP submission
(February 8, 2016). All other iSIP requirements applicable to these
Kentucky infrastructure SIP submissions have been or will be addressed
in separate rulemakings.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, because it does not
contain any information collection activities.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It 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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, in Kentucky. It will not have substantial direct
effects on tribal governments. EPA has determined that this action does
not have substantial direct effects on tribal governments because, as
it relates to prong 4, this action is not approving any specific rule,
but rather determining that the approved SIP for Kentucky meets certain
CAA requirements. As it relates to the regional haze SIP, replacing
reliance on CAIR with reliance on CSAPR has no substantial direct
effects because the reliance on CSAPR for regional haze purposes in
Kentucky already existed through a FIP. EPA notes that this action will
not impose substantial direct costs on Tribal governments or preempt
Tribal law.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
L. Congressional Review Act (CRA)
This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Judicial Review
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 7, 2019. Filing a petition for
reconsideration by the Administrator of this final rules 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 or
action. This action may not be challenged later in proceedings to
enforce its requirements. See CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate Matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: March 29, 2019.
Andrew R. Wheeler,
EPA Administrator.
40 CFR part 52 is amended 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. Section 52.920(e), is amended by adding new entries for ``110(a)(1)
and (2) Infrastructure Requirements for the 1997 8-hour Ozone NAAQS'',
``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour
NO2 NAAQS'', ``110(a)(1) and (2) Infrastructure
[[Page 13803]]
Requirements for the 2010 1-hour SO2 NAAQS'', ``110(a)(1)
and (2) Infrastructure Requirements for the 2012 Annual
PM2.5 NAAQS'' and ``Regional Haze Plan Revision'' 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 submittal
Name of non-regulatory SIP geographic or date/effective EPA approval date Explanations
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2) Kentucky.......... 12/13/2007 4/8/2019, [Insert Addressing prong 4 of
Infrastructure Requirements citation of section
for the 1997 8-hour Ozone publication]. 110(a)(2)(D)(i)(II)
NAAQS. only.
110(a)(1) and (2) Kentucky.......... 4/26/2013 4/8/2019, [Insert Addressing prong 4 of
Infrastructure Requirements citation of section
for the 2010 1-hour NO2 NAAQS. publication]. 110(a)(2)(D)(i)(II)
only.
110(a)(1) and (2) Kentucky.......... 4/26/2013 4/8/2019, [Insert Addressing prong 4 of
Infrastructure Requirements citation of section
for the 2010 1-hour SO2 NAAQS. publication]. 110(a)(2)(D)(i)(II)
only.
110(a)(1) and (2) Kentucky.......... 2/8/2016 4/8/2019, [Insert Addressing prong 4 of
Infrastructure Requirements citation of section
for the 2012 Annual PM2.5 publication]. 110(a)(2)(D)(i)(II)
NAAQS. only.
Regional Haze Plan Revision.... Kentucky.......... 11/16/2018 4/8/2019, [Insert
citation of
publication].
----------------------------------------------------------------------------------------------------------------
Sec. 52.936 [Reserved]
0
3. Section 52.936 is removed and reserved.
[FR Doc. 2019-06740 Filed 4-5-19; 8:45 am]
BILLING CODE 6560-50-P