Air Plan Approval; Kentucky; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2, 22084-22087 [2019-10184]
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reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference a
portion of 35 Ill. Adm. Code 101.112
‘‘Bias and Conflict of Interest’’,
specifically, Section 101.112(d),
effective July 5, 2017. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
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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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
Dated: April 30, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019–09919 Filed 5–15–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0759; FRL–9993–72–
Region 4]
Air Plan Approval; Kentucky; Interstate
Transport (Prongs 1 and 2) for the 2010
1-Hour NO2 Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet by a letter dated November 16,
2018, for the purpose of addressing the
Clean Air Act (CAA or Act) ‘‘good
neighbor’’ interstate transport (prongs 1
and 2) infrastructure SIP requirements
for the 2010 1-hour Nitrogen Dioxide
(NO2) National Ambient Air Quality
Standard (NAAQS). The CAA requires
that each state adopt and submit a SIP
for the implementation, maintenance,
and enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
SUMMARY:
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Specifically, EPA is proposing to
approve Kentucky’s November 16, 2018,
SIP revision addressing prongs 1 and 2
to ensure that air emissions in Kentucky
do not significantly contribute to
nonattainment or interfere with
maintenance of the 2010 1-hour NO2
NAAQS in any other state.
DATES: Comments must be received on
or before June 17, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0759 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Evan Adams of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Adams can be reached by phone at
(404) 562–9009 or via electronic mail at
adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 22, 2010, EPA established
a new 1-hour primary NAAQS for NO2
at a level of 100 parts per billion (ppb),
based on a 3-year average of the 98th
percentile of the yearly distribution of 1hour daily maximum
concentrations.1 See 75 FR 6474
1 Subsequently, after careful consideration of the
scientific evidence and information available, on
April 18, 2018, EPA published a final action to
retain the current NO2 standard at the 2010 level
of 100 ppb. This action was taken after review of
the full body of available scientific evidence and
information, giving particular weight to the
assessment of the evidence in the 2016 NOX
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(February 9, 2010). This NAAQS is
designed to protect against exposure to
the entire group of nitrogen oxides
(NOX). NO2 is the component of greatest
concern and is used as the indicator for
the larger group of NOX. Emissions that
lead to the formation of NO2 generally
also lead to the formation of other NOX.
Therefore, control measures that reduce
NO2 can generally be expected to reduce
population exposures to all gaseous
NOX which results in a reduction in the
formation of ozone and fine particles
both of which pose significant public
health threats. For comprehensive
information on the 2010 1-hour NO2
NAAQS, please refer to the February 9,
2010 Federal Register document. See 75
FR 6474.
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS.2 This particular type of SIP
submission is commonly referred to as
an ‘‘infrastructure SIP.’’ These
submissions must meet the various
requirements of CAA section 110(a)(2),
as applicable. Due to ambiguity in some
of the language of CAA section
110(a)(2), EPA believes that it is
appropriate to interpret these provisions
in the specific context of acting on
infrastructure SIP submissions. EPA has
previously provided comprehensive
guidance on the application of these
provisions through a guidance
document for infrastructure SIP
submissions and through regional
actions on infrastructure submissions.3
Unless otherwise noted below, EPA is
following that existing approach in
acting on this submission. In addition,
in the context of acting on such
infrastructure submissions, EPA
evaluates the submitting state’s SIP for
compliance with statutory and
Integrated Science Assessment; analyses and
considerations in the Policy Assessment; the advice
and recommendations of the Clean Air Scientific
Advisory Committee; and public comments. See 83
FR 17226 (April 18, 2018).
2 States were required to submit infrastructure
SIPs for the 2010 1-hour NO2 NAAQS to EPA no
later than January 22, 2013.
3 EPA explains and elaborates on these
ambiguities and its approach to address them in its
September 13, 2013 Infrastructure SIP Guidance,
available at https://www3.epa.gov/airquality/
urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf, as well as in numerous
agency actions, including EPA’s prior action on
Kentucky’s infrastructure SIP to address other
110(a)(2) elements for the PM2.5 NAAQS entitled
‘‘Air Plan Approval; Kentucky; Infrastructure
Requirements for the 2012 PM2.5 National Ambient
Air Quality Standard;’’ in the section ‘‘What is
EPA’s approach to the review of infrastructure SIP
submissions?’’ See 82 FR 21751 at 21752–21755
(May 10, 2017).
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regulatory requirements, not for the
state’s implementation of its SIP.4 EPA
has other authority to address any issues
concerning a state’s implementation of
the regulations that comprise its SIP.
Section 110(a)(2)(D) has two
components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure
SIPs. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), are
provisions that prohibit any source or
other type of emissions activity in one
state from contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). EPA sometimes refers to
the prong 1 and prong 2 conjointly as
the ‘‘good neighbor’’ provision of the
CAA. The third and fourth prongs,
which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state (prong 3) and
from interfering with measures to
protect visibility in another state (prong
4). Section 110(a)(2)(D)(ii) requires SIPs
to include provisions ensuring
compliance with sections 115 and 126
of the Act, relating to interstate and
international pollution abatement.
EPA’s most recent infrastructure SIP
guidance, the September 13, 2013,
‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1)
and 110(a)(2),’’ did not explicitly
include criteria for how the Agency
would evaluate infrastructure SIP
submissions intended to address section
110(a)(2)(D)(i)(I).5 With respect to
certain pollutants, such as ozone and
4 See Montana Environmental Information Center
v.Thomas, 902 F.3d 971 (9th Cir. 2018).
5 At the time the September 13, 2013, guidance
was issued, EPA was litigating challenges raised
with respect to its Cross-State Air Pollution Rule
(CSAPR), 76 FR 48208 (August 8, 2011), designed
to address the CAA section 110(a)(2)(D)(i)(I)
interstate transport requirements with respect to the
1997 ozone and the 1997 and 2006 PM2.5 NAAQS.
CSAPR was vacated and remanded by the United
States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) in 2012 pursuant to EME
Homer City Generation, L.P. v. EPA, 696 F.3d 7.
EPA subsequently sought review of the D.C.
Circuit’s decision by the Supreme Court, which was
granted in June 2013. As EPA was in the process
of litigating the interpretation of section
110(a)(2)(D)(i)(I) at the time the infrastructure SIP
guidance was issued, EPA did not issue guidance
specific to that provision. The Supreme Court
subsequently vacated the D.C. Circuit’s decision
and remanded the case to that court for further
review. 134 S. Ct. 1584 (2014). On July 28, 2015,
the D.C. Circuit issued a decision upholding
CSAPR, but remanding certain elements for
reconsideration. 795 F.3d 118.
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22085
particulate matter (PM), EPA has
addressed interstate transport in eastern
states in the context of regional
rulemaking actions that quantify state
emission reduction obligations.6 For
NO2, EPA has considered available
information such as current air quality,
emissions data and trends, and
regulatory provisions that control source
emissions to determine whether
emissions from one state interfere with
the attainment or maintenance of the
NAAQS in another state. EPA’s review
and proposed action on Kentucky’s
CAA section 110(a)(2)(D)(i)(I) interstate
transport SIP revisions for the 2010 NO2
NAAQS is informed by these
considerations.
Through this proposed action, EPA is
proposing to approve Kentucky’s
November 16, 2018, SIP revision
addressing prong 1 and prong 2
requirements for the 2010 1-hour NO2
NAAQS. The Commonwealth addressed
CAA section 110(a)(2)(D)(i)(I) by
providing information supporting its
conclusion that emissions from
Kentucky do not significantly contribute
to nonattainment or interfere with
maintenance of the 2010 1-hour NO2
NAAQS in downwind states. All other
applicable infrastructure SIP
requirements for Kentucky for the 2010
1-hour NO2 NAAQS have been
addressed in separate rulemakings. See
80 FR 14019 (March 18, 2015), 81 FR
83152 (November 21, 2016), and 84 FR
11652 (March 28, 2019).
II. What is EPA’s analysis of how
Kentucky addressed prongs 1 and 2?
Kentucky concluded that the SIP
adequately addresses prongs 1 and 2
with respect to the 2010 1-hour NO2
NAAQS in its November 16, 2018, SIP
revision. Kentucky provides the
following reasons for its determination:
(1) Monitored 1-hour NO2 design values
in Kentucky and neighboring states
(Illinois, Indiana, Missouri, Ohio,
Tennessee, and Virginia) are below the
2010 standard; (2) total emissions of
NOX in Kentucky have trended
downward from 1987 to 2017; and (3)
the SIP contains state regulations that
directly or indirectly control NOX
emissions. EPA preliminarily agrees
with the Commonwealth’s conclusion
based on the rationale discussed below.
First, EPA notes that there are no
designated nonattainment areas for the
2010 1-hour NO2 NAAQS in Kentucky
or the neighboring states. On February
17, 2012 (77 FR 9532), EPA designated
6 Nitrogen Oxides (NO ) SIP Call, 63 FR 57356
X
(October 27, 1998); Clean Air Interstate Rule (CAIR),
70 FR 25162 (May 12, 2005); CSAPR, 76 FR 48208
(August 8, 2011).
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the entire country as ‘‘unclassifiable/
attainment’’ for the 2010 1-hour NO2
NAAQS, stating that ‘‘available
information does not indicate that the
air quality in these areas exceeds the
2010 [1-hour] NO2 NAAQS.’’
Second, the 2015–2017 NO2 design
values in Kentucky and neighboring
states are well below the 2010 1-hour
NO2 NAAQS standard of 100 ppb.7 The
valid, monitored 2015–2017 valid
design values for Kentucky were 27, 30,
31, 34, 40, and 49 ppb. The highest
monitored 2015–2017 valid design
values for the neighboring states of
Illinois, Indiana, Missouri, Ohio,
Tennessee, and Virginia are 56, 44, 49,
55, 53, and 45 ppb, respectively.8 The
design values in Kentucky, and
neighboring states, during this time
period were 44 to 73 percent below the
NAAQS.
Third, NOX emissions data shows that
NOX emissions have continuously
trended downward from the years 1987
to 2017.9 For example, the point source
emissions data provided by the
Commonwealth indicates that NOX
emissions for point sources from 2008 to
2016 has declined by approximately 57
percent.10 EPA data also confirms that
NOX emissions from point sources from
Kentucky have declined from 2008 to
2017,11 and NOx emissions from all
sectors declined between 2002 and
2014.12
Finally, Kentucky identifies the
following SIP-approved regulations that
directly or indirectly control NOX
emissions: 401 KAR 50:055—General
compliance requirements; 401 KAR
7 See Figure 1 in Kentucky’s submittal, which is
based on the NO2 design value data extracted from
the EPA website at https://www.epa.gov/air-trends/
air-quality-design-values#report.
8 Monitoring sites must meet the data
completeness requirements listed in Appendix S to
40 CFR part 50 in order to have a valid design
value. Table 1 in Kentucky’s submittal did not
include the valid design value of 49 ppb recorded
at AQS ID: 21–111–0075 in Louisville/Jefferson
County or the invalid design value of 41 recorded
at monitor number 21–111–0067 in Louisville/
Jefferson County. Table 2 in Kentucky’s submittal
includes all highest, valid design values for the
neighboring states of Illinois, Indiana, Missouri,
Ohio, Tennessee, and Virginia. These values can be
found on EPA’s air quality design value website at
https://www.epa.gov/air-trends/air-quality-designvalues.
9 See Figure 1 in Kentucky’s November 16, 2018
submittal.
10 See Table 4 in Kentucky’s submittal. The data
is presented in the submittal from 2008–2016 to
display the decline in emissions from the start of
CAIR in 2008, and then transitioning to CSAPR in
2011.
11 See Emissions Inventory System data for
Kentucky, available in the docket to this action.
12 See 2014 National Emissions Inventory (NEI)
Report, available at https://edap.epa.gov/public/
extensions/nei_report_2014/dashboard.html#trenddb. The 2014 NEI Report is the latest available
report.
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50:060—Enforcement; 401 KAR
51:001—Definitions for 401 KAR
Chapter 51; 401 KAR 51:005—Purpose
and general provisions; 401 KAR
51:010—Attainment status designations;
401 KAR 51:017—Prevention of
significant deterioration of air quality;
401 KAR 51:052—Review of new
sources in or impacting upon
attainment areas; 401 KAR 51:150—
NOX requirements for stationary
internal combustion engines; 401 KAR
51:170—NOX requirements for cement
kilns; 401 KAR 52:030—Federallyenforceable permits for non-major
sources; 401 KAR 52:100—Public,
affected state, and US EPA review; 401
KAR 53:005—General provisions; 401
KAR 53:010—Ambient air quality
standards; 401 KAR 59:001—Definitions
for abbreviations of terms used in the
Title 401, Chapter 59; 401 KAR 59:005—
General provisions; 401 KAR 59:015—
New indirect heat exchangers; 401 KAR
61:001—Definitions for abbreviations of
terms used in the Title 401, Chapter 61;
401 KAR 61:005—General provisions;
401 KAR 61:015—Existing indirect heat
exchangers; and 401 KAR 61:065—
Existing nitric acid plants.
Kentucky also identified state-only
provisions as additional regulations that
the Commonwealth is implementing
that provide for the control of NOX
emissions: 401 KAR 52:060—Acid rain
permits; 401 KAR 51:240—Cross-State
Air Pollution Rule (CSAPR) 13 NOX
annual trading program; 401 KAR
51:250—Cross-State Air Pollution Rule
(CSAPR Update) 14 NOX ozone season
group 2 trading program.15 EPA notes
that the CSAPR and Update rule were
established to address transport for the
ozone (1997 and 2008) and fine
particulate matter (1997 and 2006)
standards, however, the trading
programs may yield residual NOX
emissions reduction benefits.16 Further,
Kentucky identifies the following
provisions where limited portions have
been approved into the SIP: 401 KAR
52:020—Title V permits; 401 KAR
52:040—State-origin permits; and 401
KAR 52:070—Registration of designated
sources.
For the reasons discussed above, EPA
has preliminarily determined that
Kentucky does not contribute
13 See
76 FR 48208.
81 FR 74504.
15 The EPA notes that Kentucky submitted a SIP
revision for 401 KAR 51.240, 401 KAR 51.250, and
401 KAR 51.260 on September 17, 2018 to the EPA
to adopt the CSAPR and Update trading programs
into their SIP.
16 Kentucky further included existing national
rules that are designed to reduce emissions from onroad and off-road vehicles through the year 2025
and beyond. This information can be found in
Kentucky’s submittal.
14 See
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significantly to nonattainment or
interfere with maintenance of the 2010
1-hour NO2 NAAQS in any other state,
and that Kentucky’s SIP includes
adequate provisions to prevent
emissions sources within the
Commonwealth from significantly
contributing to nonattainment or
interfering with maintenance of this
standard in any other state.
III. Proposed Action
As described above, EPA is proposing
to approve Kentucky’s November 16,
2018, SIP revision addressing prongs 1
and 2 of CAA section 110(a)(2)(D)(i) for
the 2010 1-hour NO2 NAAQS.
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.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
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• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 6, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019–10184 Filed 5–15–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2018–0789; FRL–9993–57–
Region 1]
Air Plan Approval; Massachusetts;
Boston Metropolitan Area, Lowell,
Springfield, Waltham, and Worcester
Second 10-Year Carbon Monoxide
Limited Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Massachusetts. This
revision includes the second 10-year
limited maintenance plan (LMP) for
Carbon Monoxide (CO) for the Boston
Metropolitan Area, as well as for the
cities of Lowell, Springfield, Waltham,
and Worcester. This LMP addresses
maintenance of the CO National
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SUMMARY:
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Ambient Air Quality Standard (NAAQS)
for a second 10-year period beyond the
original re-designation to attainment.
This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before June 17, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2018–0789 at https://
www.regulations.gov, or via email to
garcia.ariel@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, Air Quality Branch,
5 Post Office Square—Suite 100, Boston,
MA. EPA requests that if at all possible,
you contact the contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, 5 Post Office
Square, Suite 100 (mail code: 05–2),
Boston, MA 02109–3912, telephone
number (617) 918–1660, email
garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
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Table of Contents
I. Background and Purpose
II. Revision to the Initial Maintenance Plan
for Lowell
III. The CO Limited Maintenance Plan Option
in Massachusetts
IV. Conformity Under the Limited
Maintenance Plan Option
V. EPA’s Evaluation of Massachusetts’ SIP
Revision
A. Attainment Inventory
B. Maintenance Demonstration
C. Monitoring Network/Verification of
Continued Attainment
D. Contingency Plan
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background and Purpose
Under the provisions outlined in
Sections 186 and 187 of the CAA, the
Boston metropolitan area, which covers
the nine surrounding cities of Boston,
Cambridge, Chelsea, Everette, Malden,
Medford, Quincy, Revere, and
Somerville (the ‘‘Boston area’’), as well
as the cities of Lowell, Springfield,
Waltham, and Worcester (the ‘‘four city
areas’’) were designated nonattainment
for the CO NAAQS on November 6,
1991 (56 FR 56694). The Boston area
was classified as ‘‘Moderate’’
nonattainment and the four city areas
were classified as ‘‘Not Classified’’
nonattainment. On December 12, 1994,
Massachusetts submitted a redesignation request for the Boston area
and on May 25, 2001, Massachusetts
submitted a re-designation request for
the four city areas. These re-designation
requests included a maintenance
demonstration and contingency plans
that outline Massachusetts’ control
strategy for maintenance of the CO
NAAQS. The maintenance plan
provisions under Section 175A of the
CAA require that maintenance of the
relevant NAAQS be provided for at least
10 years after re-designation, followed
by an additional 10-year maintenance
period.
On January 30, 1996, the Boston area
was re-designated to attainment and
EPA approved the first maintenance
plan for this area (61 FR 2918). On
February 19, 2002, the cities of Lowell,
Springfield, Waltham, and Worcester
were re-designated to attainment and
EPA approved the first maintenance
plan for these four city areas (67 FR
7272).
On February 9, 2018, to meet the
requirements of Section 175A of the
CAA, the Massachusetts Department of
Environmental Protection (MassDEP)
submitted a revision to its SIP
consisting of a second 10-year CO
limited maintenance plan (LMP) for the
Boston area and for the four city areas.
For the Boston area, the initial 10-year
E:\FR\FM\16MYP1.SGM
16MYP1
Agencies
[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Proposed Rules]
[Pages 22084-22087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10184]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0759; FRL-9993-72-Region 4]
Air Plan Approval; Kentucky; Interstate Transport (Prongs 1 and
2) for the 2010 1-Hour NO2 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Kentucky, through the Kentucky Energy and Environment
Cabinet by a letter dated November 16, 2018, for the purpose of
addressing the Clean Air Act (CAA or Act) ``good neighbor'' interstate
transport (prongs 1 and 2) infrastructure SIP requirements for the 2010
1-hour Nitrogen Dioxide (NO2) National Ambient Air Quality
Standard (NAAQS). The CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA, commonly referred to as an ``infrastructure SIP.''
Specifically, EPA is proposing to approve Kentucky's November 16, 2018,
SIP revision addressing prongs 1 and 2 to ensure that air emissions in
Kentucky do not significantly contribute to nonattainment or interfere
with maintenance of the 2010 1-hour NO2 NAAQS in any other
state.
DATES: Comments must be received on or before June 17, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0759 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Evan Adams of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Adams can be
reached by phone at (404) 562-9009 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 22, 2010, EPA established a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations.\1\ See 75 FR 6474
[[Page 22085]]
(February 9, 2010). This NAAQS is designed to protect against exposure
to the entire group of nitrogen oxides (NOX). NO2
is the component of greatest concern and is used as the indicator for
the larger group of NOX. Emissions that lead to the
formation of NO2 generally also lead to the formation of
other NOX. Therefore, control measures that reduce
NO2 can generally be expected to reduce population exposures
to all gaseous NOX which results in a reduction in the
formation of ozone and fine particles both of which pose significant
public health threats. For comprehensive information on the 2010 1-hour
NO2 NAAQS, please refer to the February 9, 2010 Federal
Register document. See 75 FR 6474.
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\1\ Subsequently, after careful consideration of the scientific
evidence and information available, on April 18, 2018, EPA published
a final action to retain the current NO2 standard at the
2010 level of 100 ppb. This action was taken after review of the
full body of available scientific evidence and information, giving
particular weight to the assessment of the evidence in the 2016
NOX Integrated Science Assessment; analyses and
considerations in the Policy Assessment; the advice and
recommendations of the Clean Air Scientific Advisory Committee; and
public comments. See 83 FR 17226 (April 18, 2018).
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Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS.\2\ This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP.'' These submissions must meet the various
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity
in some of the language of CAA section 110(a)(2), EPA believes that it
is appropriate to interpret these provisions in the specific context of
acting on infrastructure SIP submissions. EPA has previously provided
comprehensive guidance on the application of these provisions through a
guidance document for infrastructure SIP submissions and through
regional actions on infrastructure submissions.\3\ Unless otherwise
noted below, EPA is following that existing approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's SIP
for compliance with statutory and regulatory requirements, not for the
state's implementation of its SIP.\4\ EPA has other authority to
address any issues concerning a state's implementation of the
regulations that comprise its SIP.
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\2\ States were required to submit infrastructure SIPs for the
2010 1-hour NO2 NAAQS to EPA no later than January 22,
2013.
\3\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance, available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf, as well as in numerous agency actions, including EPA's prior
action on Kentucky's infrastructure SIP to address other 110(a)(2)
elements for the PM2.5 NAAQS entitled ``Air Plan
Approval; Kentucky; Infrastructure Requirements for the 2012
PM2.5 National Ambient Air Quality Standard;'' in the
section ``What is EPA's approach to the review of infrastructure SIP
submissions?'' See 82 FR 21751 at 21752-21755 (May 10, 2017).
\4\ See Montana Environmental Information Center v.Thomas, 902
F.3d 971 (9th Cir. 2018).
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Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIPs. The first two prongs, which are codified in
section 110(a)(2)(D)(i)(I), are provisions that prohibit any source or
other type of emissions activity in one state from contributing
significantly to nonattainment of the NAAQS in another state (prong 1)
and from interfering with maintenance of the NAAQS in another state
(prong 2). EPA sometimes refers to the prong 1 and prong 2 conjointly
as the ``good neighbor'' provision of the CAA. The third and fourth
prongs, which are codified in section 110(a)(2)(D)(i)(II), are
provisions that prohibit emissions activity in one state from
interfering with measures required to prevent significant deterioration
of air quality in another state (prong 3) and from interfering with
measures to protect visibility in another state (prong 4). Section
110(a)(2)(D)(ii) requires SIPs to include provisions ensuring
compliance with sections 115 and 126 of the Act, relating to interstate
and international pollution abatement.
EPA's most recent infrastructure SIP guidance, the September 13,
2013, ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' did
not explicitly include criteria for how the Agency would evaluate
infrastructure SIP submissions intended to address section
110(a)(2)(D)(i)(I).\5\ With respect to certain pollutants, such as
ozone and particulate matter (PM), EPA has addressed interstate
transport in eastern states in the context of regional rulemaking
actions that quantify state emission reduction obligations.\6\ For
NO2, EPA has considered available information such as
current air quality, emissions data and trends, and regulatory
provisions that control source emissions to determine whether emissions
from one state interfere with the attainment or maintenance of the
NAAQS in another state. EPA's review and proposed action on Kentucky's
CAA section 110(a)(2)(D)(i)(I) interstate transport SIP revisions for
the 2010 NO2 NAAQS is informed by these considerations.
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\5\ At the time the September 13, 2013, guidance was issued, EPA
was litigating challenges raised with respect to its Cross-State Air
Pollution Rule (CSAPR), 76 FR 48208 (August 8, 2011), designed to
address the CAA section 110(a)(2)(D)(i)(I) interstate transport
requirements with respect to the 1997 ozone and the 1997 and 2006
PM2.5 NAAQS. CSAPR was vacated and remanded by the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) in 2012 pursuant to EME Homer City Generation, L.P. v. EPA,
696 F.3d 7. EPA subsequently sought review of the D.C. Circuit's
decision by the Supreme Court, which was granted in June 2013. As
EPA was in the process of litigating the interpretation of section
110(a)(2)(D)(i)(I) at the time the infrastructure SIP guidance was
issued, EPA did not issue guidance specific to that provision. The
Supreme Court subsequently vacated the D.C. Circuit's decision and
remanded the case to that court for further review. 134 S. Ct. 1584
(2014). On July 28, 2015, the D.C. Circuit issued a decision
upholding CSAPR, but remanding certain elements for reconsideration.
795 F.3d 118.
\6\ Nitrogen Oxides (NOX) SIP Call, 63 FR 57356
(October 27, 1998); Clean Air Interstate Rule (CAIR), 70 FR 25162
(May 12, 2005); CSAPR, 76 FR 48208 (August 8, 2011).
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Through this proposed action, EPA is proposing to approve
Kentucky's November 16, 2018, SIP revision addressing prong 1 and prong
2 requirements for the 2010 1-hour NO2 NAAQS. The
Commonwealth addressed CAA section 110(a)(2)(D)(i)(I) by providing
information supporting its conclusion that emissions from Kentucky do
not significantly contribute to nonattainment or interfere with
maintenance of the 2010 1-hour NO2 NAAQS in downwind states.
All other applicable infrastructure SIP requirements for Kentucky for
the 2010 1-hour NO2 NAAQS have been addressed in separate
rulemakings. See 80 FR 14019 (March 18, 2015), 81 FR 83152 (November
21, 2016), and 84 FR 11652 (March 28, 2019).
II. What is EPA's analysis of how Kentucky addressed prongs 1 and 2?
Kentucky concluded that the SIP adequately addresses prongs 1 and 2
with respect to the 2010 1-hour NO2 NAAQS in its November
16, 2018, SIP revision. Kentucky provides the following reasons for its
determination: (1) Monitored 1-hour NO2 design values in
Kentucky and neighboring states (Illinois, Indiana, Missouri, Ohio,
Tennessee, and Virginia) are below the 2010 standard; (2) total
emissions of NOX in Kentucky have trended downward from 1987
to 2017; and (3) the SIP contains state regulations that directly or
indirectly control NOX emissions. EPA preliminarily agrees
with the Commonwealth's conclusion based on the rationale discussed
below.
First, EPA notes that there are no designated nonattainment areas
for the 2010 1-hour NO2 NAAQS in Kentucky or the neighboring
states. On February 17, 2012 (77 FR 9532), EPA designated
[[Page 22086]]
the entire country as ``unclassifiable/attainment'' for the 2010 1-hour
NO2 NAAQS, stating that ``available information does not
indicate that the air quality in these areas exceeds the 2010 [1-hour]
NO2 NAAQS.''
Second, the 2015-2017 NO2 design values in Kentucky and
neighboring states are well below the 2010 1-hour NO2 NAAQS
standard of 100 ppb.\7\ The valid, monitored 2015-2017 valid design
values for Kentucky were 27, 30, 31, 34, 40, and 49 ppb. The highest
monitored 2015-2017 valid design values for the neighboring states of
Illinois, Indiana, Missouri, Ohio, Tennessee, and Virginia are 56, 44,
49, 55, 53, and 45 ppb, respectively.\8\ The design values in Kentucky,
and neighboring states, during this time period were 44 to 73 percent
below the NAAQS.
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\7\ See Figure 1 in Kentucky's submittal, which is based on the
NO2 design value data extracted from the EPA website at
https://www.epa.gov/air-trends/air-quality-design-values#report.
\8\ Monitoring sites must meet the data completeness
requirements listed in Appendix S to 40 CFR part 50 in order to have
a valid design value. Table 1 in Kentucky's submittal did not
include the valid design value of 49 ppb recorded at AQS ID: 21-111-
0075 in Louisville/Jefferson County or the invalid design value of
41 recorded at monitor number 21-111-0067 in Louisville/Jefferson
County. Table 2 in Kentucky's submittal includes all highest, valid
design values for the neighboring states of Illinois, Indiana,
Missouri, Ohio, Tennessee, and Virginia. These values can be found
on EPA's air quality design value website at https://www.epa.gov/air-trends/air-quality-design-values.
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Third, NOX emissions data shows that NOX
emissions have continuously trended downward from the years 1987 to
2017.\9\ For example, the point source emissions data provided by the
Commonwealth indicates that NOX emissions for point sources
from 2008 to 2016 has declined by approximately 57 percent.\10\ EPA
data also confirms that NOX emissions from point sources
from Kentucky have declined from 2008 to 2017,\11\ and NOx emissions
from all sectors declined between 2002 and 2014.\12\
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\9\ See Figure 1 in Kentucky's November 16, 2018 submittal.
\10\ See Table 4 in Kentucky's submittal. The data is presented
in the submittal from 2008-2016 to display the decline in emissions
from the start of CAIR in 2008, and then transitioning to CSAPR in
2011.
\11\ See Emissions Inventory System data for Kentucky, available
in the docket to this action.
\12\ See 2014 National Emissions Inventory (NEI) Report,
available at https://edap.epa.gov/public/extensions/nei_report_2014/dashboard.html#trend-db. The 2014 NEI Report is the latest available
report.
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Finally, Kentucky identifies the following SIP-approved regulations
that directly or indirectly control NOX emissions: 401 KAR
50:055--General compliance requirements; 401 KAR 50:060--Enforcement;
401 KAR 51:001--Definitions for 401 KAR Chapter 51; 401 KAR 51:005--
Purpose and general provisions; 401 KAR 51:010--Attainment status
designations; 401 KAR 51:017--Prevention of significant deterioration
of air quality; 401 KAR 51:052--Review of new sources in or impacting
upon attainment areas; 401 KAR 51:150--NOX requirements for stationary
internal combustion engines; 401 KAR 51:170--NOX requirements for
cement kilns; 401 KAR 52:030--Federally-enforceable permits for non-
major sources; 401 KAR 52:100--Public, affected state, and US EPA
review; 401 KAR 53:005--General provisions; 401 KAR 53:010--Ambient air
quality standards; 401 KAR 59:001--Definitions for abbreviations of
terms used in the Title 401, Chapter 59; 401 KAR 59:005--General
provisions; 401 KAR 59:015--New indirect heat exchangers; 401 KAR
61:001--Definitions for abbreviations of terms used in the Title 401,
Chapter 61; 401 KAR 61:005--General provisions; 401 KAR 61:015--
Existing indirect heat exchangers; and 401 KAR 61:065--Existing nitric
acid plants.
Kentucky also identified state-only provisions as additional
regulations that the Commonwealth is implementing that provide for the
control of NOX emissions: 401 KAR 52:060--Acid rain permits;
401 KAR 51:240--Cross-State Air Pollution Rule (CSAPR) \13\ NOX annual
trading program; 401 KAR 51:250--Cross-State Air Pollution Rule (CSAPR
Update) \14\ NOX ozone season group 2 trading program.\15\ EPA notes
that the CSAPR and Update rule were established to address transport
for the ozone (1997 and 2008) and fine particulate matter (1997 and
2006) standards, however, the trading programs may yield residual
NOX emissions reduction benefits.\16\ Further, Kentucky
identifies the following provisions where limited portions have been
approved into the SIP: 401 KAR 52:020--Title V permits; 401 KAR
52:040--State-origin permits; and 401 KAR 52:070--Registration of
designated sources.
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\13\ See 76 FR 48208.
\14\ See 81 FR 74504.
\15\ The EPA notes that Kentucky submitted a SIP revision for
401 KAR 51.240, 401 KAR 51.250, and 401 KAR 51.260 on September 17,
2018 to the EPA to adopt the CSAPR and Update trading programs into
their SIP.
\16\ Kentucky further included existing national rules that are
designed to reduce emissions from on-road and off-road vehicles
through the year 2025 and beyond. This information can be found in
Kentucky's submittal.
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For the reasons discussed above, EPA has preliminarily determined
that Kentucky does not contribute significantly to nonattainment or
interfere with maintenance of the 2010 1-hour NO2 NAAQS in
any other state, and that Kentucky's SIP includes adequate provisions
to prevent emissions sources within the Commonwealth from significantly
contributing to nonattainment or interfering with maintenance of this
standard in any other state.
III. Proposed Action
As described above, EPA is proposing to approve Kentucky's November
16, 2018, SIP revision addressing prongs 1 and 2 of CAA section
110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS.
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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
[[Page 22087]]
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 6, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-10184 Filed 5-15-19; 8:45 am]
BILLING CODE 6560-50-P