Air Plan Approval and Designation of Areas; KY; Redesignation of the Jefferson County 2010 1-Hour Sulfur Dioxide Nonattainment Area to Attainment, 29381-29391 [2020-10063]
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Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Proposed Rules
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the 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 impose additional
requirements beyond those imposed by
state law.
I. Executive Order 13211: Actions That
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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 (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
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impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
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K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
Dated: May 1, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020–09734 Filed 5–14–20; 8:45 am]
BILLING CODE 6560–50–P
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Air Plan Approval and Designation of
Areas; KY; Redesignation of the
Jefferson County 2010 1-Hour Sulfur
Dioxide Nonattainment Area to
Attainment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In a letter dated December 9,
2019, the Commonwealth of Kentucky,
through the Kentucky Division of Air
Quality (KDAQ) on behalf of the
Louisville Metro Air Pollution Control
District (LMAPCD), submitted a request
for the Environmental Protection
Agency (EPA) to redesignate the
Jefferson County sulfur dioxide (SO2)
nonattainment area (hereinafter referred
to as the ‘‘Jefferson County Area’’ or
‘‘Area’’) to attainment for the 2010 1hour SO2 primary national ambient air
quality standard (NAAQS) and to
approve an accompanying state
implementation plan (SIP) revision
containing a maintenance plan for the
Area. EPA is proposing to determine
that the Jefferson County Area has
attained the 2010 1-hour SO2 NAAQS;
to approve the SIP revision containing
the Commonwealth’s plan for
maintaining attainment of the 2010 1hour SO2 standard and to incorporate
the maintenance plan into the SIP; and
to redesignate the Jefferson County Area
to attainment for the 2010 1-hour SO2
NAAQS.
SUMMARY:
Comments must be received on
or before June 15, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2020–0003 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
DATES:
List of Subjects in 40 CFR Part 52
Administrative practice and
procedure, Environmental protection,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[EPA–R04–OAR–2020–0003; FRL–10009–
11–Region 4]
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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:
Madolyn Sanchez, 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.
Ms. Sanchez may be reached by phone
at (404) 562–9644 or via electronic mail
at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is
proposing to take?
EPA is proposing to take the following
three separate but related actions: (1) To
determine that the Jefferson County
Area has attained the 2010 1-hour SO2
NAAQS; (2) to approve Kentucky’s plan
for maintaining the 2010 1-hour SO2
NAAQS in the Area through 2032 and
incorporate it into the SIP; and (3) to
redesignate the Jefferson County Area to
attainment for the 2010 1-hour SO2
NAAQS. The Jefferson County Area is
comprised of the portion of Jefferson
County encompassed by the polygon
with the vertices using Universal
Traverse Mercator (UTM) coordinates in
UTM zone 16 with datum NAD83 as
follows: (1) Ethan Allen Way extended
to the Ohio River at UTM Easting (m)
595738, UTM Northing 4214086 and
Dixie Highway (US60 and US31W) at
UTM Easting (m) 597515, UTM
Northing 4212946; (2) Along Dixie
Highway from UTM Easting (m) 597515,
UTM Northing 4212946 to UTM Easting
(m) 595859, UTM Northing 4210678; (3)
Near the adjacent property lines of
Louisville Gas and Electric-Mill Creek
Electric Generating Station and Kosmos
Cement where they join Dixie Highway
at UTM Easting (m) 595859, UTM
Northing 4210678 and the Ohio River at
UTM Easting (m) 595326, UTM
Northing 4211014; (4) Along the Ohio
River from UTM Easting (m) 595326,
UTM Northing 4211014 to UTM Easting
(m) 595738, UTM Northing 4214086.
The Area consists primarily of the
Louisville Gas & Electric (LG&E) Mill
Creek Generating Station (Mill Creek)
and the area surrounding the monitor
immediately north of that facility. Mill
Creek is the only point source of SO2
emissions within the Jefferson County
Area.
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EPA is proposing to determine that
the Jefferson County Area has attained
the 2010 1-hour SO2 NAAQS. EPA is
also proposing to approve Kentucky’s
SIP revision containing the maintenance
plan for the Jefferson County Area in
accordance with the requirements of
section 175A of the Clean Air Act (CAA
or Act). The maintenance plan
submitted with Kentucky’s request for
redesignation is intended to help keep
the Jefferson County Area in attainment
of the 2010 1-hour SO2 NAAQS through
the year 2032.
EPA is also proposing to determine
that the Jefferson County Area has met
the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
Accordingly, EPA is proposing to
approve a request to change the legal
designation of the portion of Jefferson
County that is designated nonattainment
to attainment for the 2010 1-hour SO2
NAAQS.
II. Background
On June 2, 2010, EPA revised the
primary SO2 NAAQS, establishing a
new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22,
2010).1 Under EPA’s regulations at 40
CFR part 50, the 2010 1-hour SO2
NAAQS is met at a monitoring site
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations is less than
or equal to 75 ppb (based on the
rounding convention in 40 CFR part 50,
appendix T). See 40 CFR 50.17.
Ambient air quality monitoring data for
the 3-year period must meet a data
completeness requirement. A year meets
data completeness requirements when
all four quarters are complete, and a
quarter is complete when at least 75
percent of the sampling days for each
quarter have complete data. A sampling
day has complete data if 75 percent of
the hourly concentration values,
including state-flagged data affected by
exceptional events which have been
approved for exclusion by the
Administrator, are reported.2
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that does not meet (or that contributes
to ambient air quality in a nearby area
that does not meet) the NAAQS. EPA
designated the Jefferson County Area as
nonattainment for the 2010 1-hour SO2
NAAQS, effective on October 4, 2013,
based on 2009–2011 complete, quality
1 On February 25, 2019, EPA retained the existing
2010 primary NAAQS for SO2 of 75 parts per billion
(ppb) based on the 3-year average of the 99th
percentile of the annual distribution of 1-hour daily
maximum concentrations. See 84 FR 9866.
2 See 40 CFR part 50, appendix T, section 3(b).
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assured, and certified ambient air
quality data. See 78 FR 47191 (August
5, 2013). Under the CAA, nonattainment
areas must attain the NAAQS as
expeditiously as practicable but not
later than five years after the October 4,
2013, effective date of the designation.
See CAA section 192(a). Therefore, the
Jefferson County Area’s applicable
attainment date was no later than
October 4, 2018.
EPA’s 2010 SO2 nonattainment
designation for the Area triggered an
obligation for Kentucky to develop a
nonattainment SIP revision addressing
certain requirements under title I, part
D, subpart 1 (hereinafter ‘‘Subpart 1’’),
and to submit that SIP revision to EPA
in accordance with the deadlines in title
I, part D, subpart 5 (hereinafter ‘‘Subpart
5’’). Subpart 1 contains the general
requirements for nonattainment areas
for criteria pollutants, including
requirements to develop a SIP that
provides for the implementation of
reasonably available control measures
(RACM), requires reasonable further
progress (RFP), includes base-year and
attainment-year emissions inventories, a
SIP-approved nonattainment new
source review (NNSR) permitting
program, enforceable emission
limitations and other such control
measures, and provides for the
implementation of contingency
measures. This SIP revision was due
within 18 months following the October
4, 2013, effective date of designation
(i.e., April 4, 2015). See CAA section
191(a). Kentucky submitted a
nonattainment SIP revision to EPA on
June 23, 2017.3
On June 28, 2019 (84 FR 30920), EPA
approved Kentucky’s June 23, 2017, SO2
nonattainment SIP revision. EPA
determined that the nonattainment SIP
revision met the applicable
requirements of sections 110, 172, 191,
and 192 of the CAA and nonattainment
regulatory requirements at 40 CFR part
51 (including Kentucky’s attainment
modeling demonstration for the
Jefferson County Area). As discussed in
Section V below, the attainment
modeling demonstration inputs
included SO2 emission limits and
3 EPA published a notice on March 18, 2016 (81
FR 14736), announcing its finding that Kentucky
(and other pertinent states) had failed to submit the
required SO2 nonattainment plan by the submittal
deadline. The finding initiated a deadline under
CAA section 179(a) for the potential imposition of
NNSR offset and highway funding sanctions.
However, pursuant to Kentucky’s submittal of June
23, 2017 (received by EPA on July 6, 2017), and
EPA’s subsequent letter dated October 10, 2017, to
Kentucky finding the submittal to be complete and
noting the termination of these sanctions deadlines,
the sanctions under section 179(a) were not and
will not be imposed as a result of Kentucky having
missed the April 4, 2015, submittal deadline.
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compliance parameters (monitoring,
recordkeeping, and reporting) at Mill
Creek established in the facility’s title V
permit 145–97– TV(R3) at Plant-wide
Specific condition S1-Standards, S2Monitoring and Record Keeping, and
S3-Reporting. EPA incorporated these
limits and parameters into the SIP as
part of its final action on Kentucky’s
nonattainment SIP revision, thus
making them permanent and
enforceable controls.
III. What are the criteria for
redesignation?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation provided that the
following criteria are met: (1) The
Administrator determines that the area
has attained the applicable NAAQS; (2)
the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable federal air pollutant
control regulations, and other
permanent and enforceable reductions;
(4) the Administrator has fully approved
a maintenance plan for the area as
meeting the requirements of section
175A; and (5) the state containing such
area has met all requirements applicable
to the area for purposes of redesignation
under section 110 and part D of the
CAA.
On April 16, 1992 (57 FR 13498), EPA
provided guidance on redesignations in
the General Preamble for the
Implementation of title I of the CAA
Amendments of 1990 and supplemented
this guidance on April 28, 1992 (57 FR
18070). EPA has provided further
guidance on processing redesignation
requests in the following documents:
1. ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, September 4,
1992 (hereinafter referred to as the
‘‘Calcagni Memorandum’’);
2. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (CAA) Deadlines,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, October 28, 1992;
3. ‘‘Part D New Source Review (Part
D NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
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Air and Radiation, October 14, 1994;
and
4. ‘‘Guidance for 1-Hour SO2
Nonattainment Area SIP Submissions,’’
Memorandum from Stephen D. Page,
April 23, 2014 (hereinafter referred to as
the ‘‘SO2 Nonattainment Area
Guidance’’).
EPA’s SO2 Nonattainment Area
Guidance discusses the CAA
requirements that air agencies need to
address when implementing the 2010
SO2 NAAQS in areas designated as
nonattainment for the standard. The
guidance includes recommendations for
air agencies to consider as they develop
SIPs to satisfy the requirements of
sections 110, 172, 175A, 191, and 192 of
the CAA to show future attainment and
maintenance of the 2010 SO2 NAAQS.
Additionally, the SO2 nonattainment
guidance provides recommendations for
air agencies to consider as they develop
redesignation requests and maintenance
plans to satisfy the requirements of
sections 107(d)(3)(E) and 175A.
The five redesignation criteria
provided under CAA section
107(d)(3)(E) are discussed in greater
detail for the Jefferson County Area in
the following paragraphs.
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). As discussed in
section VIII.A of the SO2 Nonattainment
Area Guidance, there are generally two
components needed to support an
attainment determination for SO2,
which should be considered
interdependently. The first component
relies on air quality monitoring data. For
SO2, any available monitoring data
would need to indicate that all monitors
in the affected area are meeting the
standard as stated in 40 CFR 50.17 using
data analysis procedures specified in 40
CFR part 50, Appendix T. The second
component relies on air quality
modeling. If there are no air quality
monitors located in the affected area, or
there are air quality monitors located in
the area, but analyses show that none of
the monitors are located in the area of
maximum ambient air SO2
concentration,4 then air quality
dispersion modeling will generally be
needed to estimate SO2 concentrations
in the area. Such dispersion modeling
should be conducted to estimate SO2
concentrations throughout the
nonattainment area using actual
emissions and meteorological
information for the most recent three
calendar years. However, EPA may also
make determinations of attainment
based on the modeling from the
attainment demonstration for the
applicable SIP for the affected area,
eliminating the need for separate
actuals-based modeling to support the
determination that an area is currently
attaining. If the air agency has
previously submitted a modeled
attainment demonstration using
allowable emissions, no further
modeling is needed as long as the
source characteristics are still
reasonably represented and so long as
emissions are at or below allowable
levels. In a case such as this, where both
monitoring and modeling evidence are
available, EPA will consider both types
of evidence.
Kentucky’s pre- and post-modification
attainment demonstration modeling
indicates that the Watson Lane
Elementary School (Watson Lane)
monitor is not sited in the area of
maximum concentration for Mill Creek,
and therefore, the clean monitoring data
at the monitor does not on its own
4 See section VIII.A of the SO Nonattainment
2
Area Guidance.
5 See the ‘‘Criterion (3)’’ section of this notice for
additional information.
IV. Why is EPA proposing these
actions?
Through a letter dated December 9,
2019, Kentucky submitted a request for
EPA to redesignate the Jefferson County
Area to attainment for the 2010 1-hour
SO2 NAAQS and submitted an
associated SIP revision containing a
maintenance plan. EPA’s evaluation
indicates that the Jefferson County Area
meets the requirements for
redesignation as set forth in section
107(d)(3)(E), including the maintenance
plan requirements under section 175A
of the CAA. As a result of this
evaluation, EPA is proposing to
determine that the Area has attained the
2010 1-hour SO2 NAAQS based upon air
monitoring data for 2016–2018 and air
quality dispersion modeling analyses.
EPA is also proposing to approve
Kentucky’s maintenance plan for
maintaining the 2010 1-hour SO2
NAAQS in the Area and incorporate it
into the SIP and to redesignate the
Jefferson County Area to attainment for
the 2010 1-hour SO2 NAAQS.
V. What is EPA’s analysis of the
redesignation request and SIP revision?
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Criterion (1)—The Administrator
Uetermines Uhat the Urea Has Attained
the NAAQS
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demonstrate that the Area is attaining
the standard. EPA’s proposed
determination that the Jefferson County
Area is attaining the SO2 NAAQS is also
based on the modeled attainment
demonstration that includes permanent
and enforceable SO2 emissions limits at
Mill Creek showing attainment of the
2010 1-hour SO2 NAAQS. The modeled
attainment demonstration accounts for
more efficient wet flue gas
desulfurization (FGD) control
equipment at Mill Creek that became
operational in stages from 2014 to 2016,
as well as revised SO2 emission limits.5
EPA approved the attainment
demonstration for the Jefferson County
Area on June 28, 2019, and incorporated
the new SO2 emission limits including
monitoring, recordkeeping, and
reporting parameters into the SIP,
making them permanent and
enforceable. See 84 FR 30920.
Monitoring data from the Watson Lane
monitor and Kentucky’s approved
modeled attainment demonstration are
discussed below.
Monitoring Data
For SO2, a monitoring site may be
considered to be attaining the 2010 1hour SO2 NAAQS if it meets the
NAAQS as determined in accordance
with 40 CFR 50.17 and Appendix T of
part 50, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data.
Specifically, to attain the NAAQS at
each monitoring site, the 3-year average
of the annual 99th percentile (fourth
highest value) of daily maximum 1-hour
average concentrations measured at
each monitor within an area must be
less than or equal to 75 ppb. The data
must be collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System
(AQS). The monitors should have
remained at the same location for the
duration of the monitoring period
required for demonstrating attainment.
Kentucky currently operates one
ambient SO2 monitor in the Area, the
Watson Lane SO2 monitor (AQS ID: 21–
111–0051). This monitor is located less
than 2 kilometers (km) east of Mill
Creek. The original nonattainment
designation was based on the 2009–
2011 design value of 112 ppb at this
monitor. As shown in Table 1, the
design values at this monitor have
decreased since the 2014–2016 design
value, and the quality-assured,
complete, and certified 2016–2018 3year design value is 19 ppb, well below
the 2010 1-hour SO2 standard of 75 ppb.
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There have been no 1-hour values
recorded above the standard since
March 2015. The first three-year period
for which the design value for the Area
fell below the standard was 2015–2017.
TABLE 1—JEFFERSON COUNTY AREA SO2 MONITORED DESIGN VALUES
Monitoring station
(AQS Site ID)
Watson Lane Elementary School
(21–111–0051) .............................
2009–2011
Design
value
2010–2012
Design
value
2011–2013
Design
value
2012–2014
Design
value
2013–2015
Design
value
2014–2016
Design
value
2015–2017
Design
value
2016–2018
Design
value 6
112 ppb
123ppb
ND *
ND *
ND *
76 ppb
31 ppb
19 ppb
* The Watson Lane monitor did not collect a valid design value during 2011–2013, 2012–2014, and 2013–2015 due to incomplete data in
2013.
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Preliminary monitoring data from the
Watson Lane monitor for 2019 indicates
that the 2017–2019 preliminary design
value is 15 ppb.7 EPA is proposing to
determine that the Jefferson County
Area has attained the 2010 1-hour SO2
NAAQS based on the modeling analysis
discussed below, as well as the qualityassured, complete, and certified ambient
air monitoring data for the 2016–2018
period that does not indicate a NAAQS
violation. If, before EPA takes final
action, monitoring data or other
evidence causes EPA to conclude that
the Area is not continuing to meet the
standard, EPA will not go forward with
the redesignation. As discussed in more
detail below, Kentucky has committed
to continue monitoring ambient SO2
concentrations in this Area in
accordance with 40 CFR part 58. Any
future changes to the state or local air
monitoring station (SLAMS) network in
the Area will be submitted to EPA for
approval in Kentucky’s annual ambient
air monitoring network plan, as required
by 40 CFR 58.10.
Kentucky’s EPA-Approved Modeling
Analysis
As discussed in Section VIII.A. of the
SO2 Nonattainment Area Guidance, air
quality dispersion modeling will
generally be needed to demonstrate
attainment in addition to attaining air
quality monitoring data (in accordance
with 40 CFR 50.17 and Appendix T of
part 50) if the existing monitor is not
located in the area of maximum ambient
air SO2 concentration. The SO2
attainment demonstration submitted by
Kentucky on June 23, 2017, provided an
air quality dispersion modeling analysis
demonstrating that the control strategies
chosen by the Commonwealth and
LMAPCD to reduce SO2 emissions at
Mill Creek provide for attainment of the
standard. The source characteristics in
6 The 2018 data is available at https://
www.epa.gov/outdoor-air-quality-data/monitorvalues-report.
7 Preliminary 2019 data is available at https://
www.epa.gov/outdoor-air-quality-data/monitorvalues-report.
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KDAQ’s attainment demonstration still
reflect current conditions. On June 28,
2019 (84 FR 30920), EPA approved this
attainment demonstration along with
LMAPCD’s control strategies at the
facility. Details regarding the control
strategies and emissions reductions are
provided in the Criterion (3) Section of
this notice. Details regarding the
modeling analysis are discussed in the
following paragraphs.
Kentucky’s modeling analysis was
developed in accordance with EPA’s
Guideline on Air Quality Models
(Modeling Guideline) 8 and the SO2
Nonattainment Area Guidance, and was
prepared using EPA’s preferred
dispersion modeling system, the
American Meteorological Society/
Environmental Protection Agency
Regulatory Model (AERMOD) consisting
of the AERMOD (version 15181) 9 model
and multiple data input preprocessors
as described below. Kentucky used
regulatory default options and the rural
land use designation in the AERMOD
modeling. Appendix A in Kentucky’s
December 9, 2019, submittal provides a
summary of the modeling procedures
and options, including details
explaining how they applied the Auer
technique to determine that the rural
dispersion coefficients were appropriate
for the modeling.
The pre-processors AERMET (version
15181) and AERMINUTE (version
15272) were used to process five years
(i.e., 2011–2015) of 1-minute
meteorological data from the Louisville
Muhammad Ali International Airport
station in Louisville, Kentucky, located
about 20 km to the northeast of Mill
Creek. Twice daily upper-air
meteorological information came from
the Wilmington Air Park, Wilmington,
8 See 40 CFR part 51 Appendix W (EPA’s
Guideline on Air Quality Models) (January 17,
2017) located at https://www3.epa.gov/ttn/scram/
appendix_w/2016/AppendixW_2017.pdf.
9 Version 15181 of the AERMOD Modeling
System was the current EPA-recommended
regulatory version at the time the modeling was
performed in 2016–2017, and therefore, was
appropriate for the modeling analysis.
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Ohio station located about 240 km to the
northeast. The surface characteristics
surrounding the meteorological surface
station were processed using
AERSURFACE version 13016 following
EPA-recommended procedures and
were determined to be representative of
the facility by the Commonwealth.
The AERMOD pre-processor
AERMAP (version 11103) was used to
generate terrain inputs for the receptors,
based on a digital elevation mapping
database from the National Elevation
Dataset developed by the U.S.
Geological Survey. Model receptors
were located throughout the Area using
a grid with 100-meter spacing between
receptors.
Mill Creek is the only SO2 emitting
major point source in the Area and the
only emission source that was explicitly
modeled in the attainment modeling
analysis for the Jefferson County Area.
All minor area sources and other major
point sources (located outside the
nonattainment area boundary) were
accounted for with the background
concentration discussed below. Mill
Creek operates four coal-fired boiler
units (U1 thru U4) that emit from three
stacks. Unit 1 and Unit 2 have a joint
stack (S33) while Unit 3 and Unit 4 have
separate stacks (S4 and S34,
respectively). The Commonwealth
evaluated the emissions from Mill Creek
and derived a set of three SO2 critical
emission values (CEVs), one for each
stack, from AERMOD modeling
simulations to show compliance with
the 2010 SO2 NAAQS. The AERMOD
modeling analysis resulted in the
following CEVs: Stack S33, which
serves Units 1 and 2, was modeled at
225.4 grams/second (g/s) equivalent to
1,789 lb/hr; stack S4, which serves Unit
3, was modeled at 152.6 g/s equivalent
to 1,211 lb/hr; and stack S34, which
serves Unit 4, was modeled at 183.6 g/
s equivalent to 1,457 lb/hr. In each case,
the modeled emission rate corresponds
to 0.29 pounds per million British
thermal units (lb/MMBtu) times the
maximum heat input capacity (MMBtu/
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hr) of the unit(s) associated with each
stack. This form of an emission limit, in
lb/MMBtu, is a frequent form of
emission limit associated with electric
generating units. The Commonwealth
determined from these AERMOD
modeling simulations that an hourly
emission limit of 0.29 lb/MMBtu would
suffice to ensure modeled attainment of
the SO2 NAAQS. However, the
Commonwealth opted to apply a 30-day
average limit, following EPA’s SO2
Nonattainment Area Guidance for
setting longer term average limits. The
Commonwealth determined that a 30day average limit of 0.20 lb/MMBtu
could be considered comparably
stringent to a 1-hour limit of 0.29 lb/
MMBtu. A comprehensive discussion of
the procedures used by the
Commonwealth to determine the longerterm average limit is contained in EPA’s
rulemaking notices associated with the
approval of the nonattainment SIP
revision for the Jefferson County Area.
See 83 FR 56002 (November 9, 2018)
and 84 FR 30920 (June 28, 2019).
Kentucky selected background SO2
concentrations that vary by season and
hour of day 10 using local SO2
monitoring data from the Green Valley
Road monitor (AQS ID: 18–043–1004)
located in New Albany, Indiana,
approximately 29 km north of the Mill
Creek facility, for the period 2013–2015.
The season-by-hour background values
ranged from 2.13 ppb to 20.67 ppb.
These background concentrations from
the nearby ambient air monitor are used
to account for SO2 impacts from all
sources that are not specifically
included in the AERMOD modeling
analysis. A comprehensive discussion of
the background concentrations and how
they are used to account for SO2
emissions from all the sources not
explicitly modeled is contained in
EPA’s notice of proposed rulemaking for
the nonattainment SIP revision. See 83
FR 56002 (November 9, 2018).
The AERMOD modeling resulted in a
maximum modeled design value of
190.1 micrograms per cubic meter or
72.6 ppb, including the background
concentrations, which is below the 1hour SO2 NAAQS of 75 ppb. The
modeling used hourly SO2 emissions for
each Mill Creek stack equivalent to the
hourly SO2 emission rate of 0.29 lb/
MMBtu, which was used to derive the
30-day average emission limit for the
four coal-fired boilers at Mill Creek. Mill
Creek completed the phased installation
of improved FGD SO2 controls in 2016
10 Use of 99th percentile background
concentrations that vary by season and hour of the
day is an acceptable approach that is described in
Appendix A, Section 8, of EPA’s SO2
Nonattainment Area Guidance.
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and became subject to the new 30-day
SO2 emission limits on April 5, 2017,
which reduced SO2 emissions by
approximately 89 percent from 2014
emission levels.11 Furthermore, the
Watson Lane monitoring data
corroborate the significant SO2
reductions from Mill Creek. EPA
previously evaluated the modeling
procedures, inputs, and results and
finalized a determination that the
Commonwealth’s modeling analysis
demonstrates that the 30-day emissions
limits on Mill Creek assure that there
will be no violations of the NAAQS
within the Area.
All emissions limits and related
compliance parameters have been
incorporated into the Jefferson County
portion of the Kentucky SIP, making
these changes permanent and federally
enforceable. More details on the preconstruction and post-construction
operations at Mill Creek are included in
Kentucky’s June 23, 2017,
nonattainment SIP submission and in
EPA’s rulemaking on that submittal.12
On June 28, 2019, EPA approved the
modeled attainment demonstration
described above and concluded that it is
consistent with CAA requirements,
EPA’s Modeling Guideline, and EPA’s
guidance for SO2 attainment
demonstration modeling. The modeled
controls have been fully implemented as
of June 8, 2016, when the last of the new
FGD SO2 controls began operation. Mill
Creek became subject to the revised SO2
emission limits in the Title V permit on
April 5, 2017. Emissions and air quality
are at or below the levels modeled in
Kentucky’s attainment demonstration.13
Therefore, EPA proposes to find that air
quality modeling supports the
conclusion that the Area has attained
the 2010 1-hour SO2 NAAQS.
11 Mill
Creek’s annual SO2 emissions have
dropped from 28,149 tons in 2014 to 3,752 tons in
2018. Additionally, Mill Creek emitted a total of
2,923 tons in 2019. See https://ampd.epa.gov/
ampd/.
12 See 84 FR 30920 (June 28, 2019) (final rule), 83
FR 56002 (November 9, 2018) (proposed rule).
Kentucky’s 2017 SIP submittal is included in the
Docket for this proposed rulemaking.
13 A comparison of the Mill Creek unit-level
potential to emit to the 2018 actual emissions
indicate that SO2 emissions at Mill Creek are below
the levels modeled in the 2017 attainment
demonstration modeling. See Kentucky’s December
9, 2019, redesignation and maintenance submission
and https://ampd.epa.gov/ampd/. Furthermore, the
monitoring data trends corroborate the existence of
the substantial air quality benefits from the SO2
reductions at Mill Creek. The Watson Lane monitor
has recorded decreasing SO2 concentrations from an
annual 99th percentile value of 148.6 ppb in 2014,
54.2 ppb in 2015, 26.1 ppb in 2016, 13.7 ppb in
2017, and 16.4 ppb in 2018. The quality-assured,
complete, and certified 2016–2018 3-year design
value for the Watson Lane monitor is 19 ppb, which
is below the 1-hour SO2 standard.
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Criterion (2)—The Administrator Has
Fully Approved the Applicable
Implementation Plan for the Area Under
Section 110(k); and Criterion (5)—
Kentucky Has Met all Applicable
Requirements Under Section 110 and
Part D of Title I of the CAA
To redesignate a nonattainment area
to attainment, the CAA requires EPA to
determine that the state has met all
applicable requirements under section
110 and part D of title I of the CAA
(CAA section 107(d)(3)(E)(v)) and that
the state has a fully approved SIP under
section 110(k) for the area (CAA section
107(d)(3)(E)(ii)). EPA proposes to find
that Kentucky has met all applicable SIP
requirements for the Jefferson County
Area under section 110 of the CAA
(general SIP requirements) for purposes
of redesignation. Additionally, EPA
proposes to find that the Kentucky SIP
satisfies the criterion that it meets
applicable SIP requirements for
purposes of redesignation under part D
of title I of the CAA in accordance with
section 107(d)(3)(E)(v). Further, EPA
proposes to determine that the SIP is
fully approved with respect to all
requirements applicable for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). In making these
proposed determinations, EPA
ascertained which requirements are
applicable to the Area and, if applicable,
that they are fully approved under
section 110(k). SIPs must be fully
approved only with respect to
requirements that were due prior to
submittal of the complete redesignation
request.
A. The Jefferson County Area Has Met
all Applicable Requirements Under
Section 110 and Part D of the CAA
1. General SIP Requirements
General SIP elements and
requirements are delineated in section
110(a)(2) of title I, part A of the CAA.
These requirements include, but are not
limited to, the following: Submittal of a
SIP that has been adopted by the state
after reasonable public notice and
hearing; provisions for establishment
and operation of appropriate procedures
needed to monitor ambient air quality;
implementation of a source permit
program; provisions for the
implementation of part C requirements
(Prevention of Significant Deterioration
(PSD)) and provisions for the
implementation of part D requirements
(NNSR permit programs); provisions for
air pollution modeling; and provisions
for public and local agency participation
in planning and emission control rule
development.
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Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another state. To implement this
provision, EPA has required certain
states to establish programs to address
the interstate transport of air pollutants.
The section 110(a)(2)(D) requirements
for a state are not linked with a
particular nonattainment area’s
designation and classification in that
state. EPA believes that the
requirements linked with a particular
nonattainment area’s designation and
classifications are the relevant measures
to evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state. Thus, EPA does not
believe that the CAA’s interstate
transport requirements should be
construed to be applicable requirements
for purposes of redesignation.
In addition, EPA interprets the other
section 110(a)(2) elements that are
neither connected with nonattainment
plan submissions nor linked with an
area’s attainment status not to be
‘‘applicable’’ requirements for purposes
of redesignation. The area will still be
subject to these requirements after the
area is redesignated. The section
110(a)(2) and part D requirements which
are linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
redesignations) of conformity and
oxygenated fuels requirements, as well
as with section 184 ozone transport
requirements. See Reading,
Pennsylvania, proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996), (62 FR 24826, May 7,
2008); Cleveland-Akron-Loraine, Ohio,
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Kentucky, final
rulemaking (60 FR 62748, December 7,
1995). See also the discussion on this
issue in the Cincinnati, Ohio,
redesignation (65 FR 37890, June 19,
2000), and in the Pittsburgh,
Pennsylvania, redesignation (66 FR
50399, October 19, 2001). Nonetheless,
EPA has approved Kentucky’s SIP
revisions related to the section 110
requirements for the 2010 SO2 NAAQS,
with the exception of the interstate
transport elements at section
110(a)(2)(D)(i)(I). See 81 FR 87817
(December 6, 2016), 84 FR 11652 (March
28, 2019), and 84 FR 13800 (April 8,
2019).
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2. Title I, Part D, Applicable SIP
Requirements
Subpart 1 of part D, comprised of
CAA sections 171–179B, sets forth the
basic nonattainment requirements
applicable to all nonattainment areas.
All areas that were designated
nonattainment for the SO2 NAAQS were
designated under Subpart 1 of the CAA
in accordance with the deadlines in
Subpart 5. For purposes of evaluating
this redesignation request, the
applicable Subpart 1 SIP requirements
are contained in section 172(c)(1)–(9),
section 176, and sections 191 and 192.
A thorough discussion of the
requirements contained in sections
172(c) can be found in the General
Preamble for Implementation of Title I.
See 57 FR 13498 (April 16, 1992).
a. Subpart 1 Section 172 Requirements
Section 172 requires states with
nonattainment areas to submit plans
providing for timely attainment and
meeting a variety of other requirements.
As discussed in section V.A, above,
EPA’s longstanding interpretation of the
attainment-related nonattainment
planning requirements of section 172 is
that once an area is attaining the
NAAQS, those requirements are not
‘‘applicable’’ for purposes of CAA
section 107(d)(3)(E)(ii) and therefore
need not be approved into the SIP
before EPA can redesignate the area. In
the 1992 General Preamble for
Implementation of Title I, EPA set forth
its interpretation of applicable
requirements for purposes of evaluating
redesignation requests when an area is
attaining a standard. See 57 FR 13498,
13564 (April 16, 1992). EPA noted that
the requirements for RFP and other
measures designed to provide for
attainment do not apply in evaluating
redesignation requests because those
nonattainment planning requirements
‘‘have no meaning’’ for an area that has
already attained the standard. Id. This
interpretation was also set forth in the
Calcagni Memorandum.
As discussed above, EPA previously
approved Kentucky’s nonattainment SIP
for the Jefferson County Area. See 84 FR
30920 (June 28, 2019). The
nonattainment SIP for the Area satisfied
the section 172(c)(1) requirements for
RACT/RACM; 172(c)(2) requirements
related to RFP; 172(c)(3) requirements
for a comprehensive and accurate
emissions inventory; 172(c)(6)
requirements for permanent and
enforceable control measures necessary
to provide for attainment of the NAAQS
by the attainment date; and section
172(c)(9) requirements for contingency
measures.
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Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources to be
allowed in an area, and section 172(c)(5)
requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area.
EPA has a longstanding interpretation
that because NNSR is replaced by PSD
upon redesignation, nonattainment
areas seeking redesignation to
attainment need not have a fully
approved part D NNSR program in order
to be redesignated. See memorandum
from Mary Nichols, Assistant
Administrator for Air and Radiation,
dated October 14, 1994, entitled ‘‘Part D
New Source Review Requirements for
Areas Requesting Redesignation to
Attainment.’’ However, LMAPCD
currently has a fully-approved part D
NNSR program in place in Regulation
2.04 (Construction or Modification of
Major Sources In or Impacting Upon
Non-Attainment Areas (Emission Offset
Requirements)) of the Louisville Air
Pollution Control District Regulations.
LMAPCD’s PSD program will become
effective in the Area upon redesignation
to attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, EPA
believes that Kentucky’s SIP meets the
requirements of section 110(a)(2)
applicable for purposes of
redesignation.
Finally, section 172(c)(8) allows a
state to use equivalent modeling,
emission inventory, and planning
procedures if such use is requested by
the state and approved by EPA.
Kentucky has not requested the use of
equivalent techniques under section
172(c)(8).
b. Subpart 1 Section 176—Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects that are developed, funded, or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other federally
supported or funded projects (general
conformity). Because EPA does not
consider SO2 a transportation related
pollutant, only the requirements related
to general conformity apply to the
Jefferson County Area. The
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Commonwealth of Kentucky adopted
general conformity criteria and
procedures as a revision to the Kentucky
SIP. EPA approved Kentucky’s general
conformity SIP on July 27, 1998 (63 FR
40044). Thus, the requirements of CAA
section 176 have been satisfied.
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B. The Jefferson County Area Has a
Fully Approved Applicable SIP Under
Section 110(k) of the CAA
EPA has fully approved the applicable
Kentucky SIP for the Jefferson County
Area under section 110(k) of the CAA
for purposes of redesignation. EPA may
rely on prior SIP approvals in approving
a redesignation request (see Calcagni
Memorandum at p. 3, Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3D 984, 989–90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any
additional measures it may approve in
conjunction with a redesignation action.
See 68 FR 25426 (May 12, 2003) and
citations therein.
Criterion (3)—The Air Quality
Improvement in the Jefferson County
Area is due to Permanent and
Enforceable Reductions in Emissions
Resulting From Implementation of the
SIP and Applicable Federal Air
Pollution Control Regulations and Other
Permanent and Enforceable Reductions
To redesignate a nonattainment area
to attainment, the CAA requires EPA to
determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP, applicable
Federal air pollution control
regulations, and other permanent and
enforceable reductions (CAA section
107(d)(3)(E)(iii)). EPA proposes to
determine that Kentucky has
demonstrated that the observed air
quality improvement in the Jefferson
County Area is due to permanent and
enforceable reductions in SO2 emissions
resulting from implementation of the
SIP, namely SO2 control measures at
Mill Creek since the nonattainment
designation.
When EPA designated the Jefferson
County Area as a nonattainment area for
the 2010 1-hour SO2 NAAQS, EPA
determined that operations at Mill Creek
were the primary cause of the 2010 1hour SO2 NAAQS violations in the
Area. See 78 FR 47191.14 The June 23,
2017, Jefferson County Area
nonattainment SIP revision was based
14 See
Final Technical Support Document, July
2013, Kentucky First Round of Nonattainment Area
Designations for the 2010 SO2 Primary NAAQS,
Prepared by EPA Region 4. This document is
available at Docket ID: EPA–HQ–OAR–2012–0233–
0308.
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on this determination and successfully
reduced ambient concentrations below
the 1-hour SO2 NAAQS by only
requiring emissions reductions at Mill
Creek.
Mill Creek consists of four coal-fired
boilers (U1–U4). Kentucky’s control
strategy for the Jefferson County Area
consists of replacing FGD control
equipment with more efficient FGD
controls at Mill Creek, addressing SO2
emissions for all four units (U1, U2, U3
and U4). Unit 1 and Unit 2 share a
common stack (S33) while Unit 3 and
Unit 4 have separate stacks (S4 and S34,
respectively). Unit 4’s new FGD went
into service on December 9, 2014; the
new combined FGD for Units 1 and 2
went into service on May 27, 2015; and
Unit 3’s new FGD went into service on
June 8, 2016.
Kentucky established an emission
limit of 0.20 lb/MMBtu for each coalfired unit at Mill Creek on a 30-day
average basis in accordance with the
SO2 Nonattainment Area Guidance for
longer term averaging time for the
purpose of demonstrating attainment for
the 1-hour SO2 standard.15 These
emission limits apply independently to
each of the four coal-fired units (U1 thru
U4), which emit SO2 from three separate
stacks (S33, S4, and S34). These SO2
limits were established in a revised title
V operating permit 145–97–TV(R3) for
Mill Creek and became effective on
April 5, 2017. Mill Creek demonstrates
compliance with the 30-day emission
limits through a continuous emission
monitoring system on each stack as well
as the monitoring of the heat input
firing rate of each emission unit. The 30day SO2 emission limit was established
to demonstrate modeled attainment of
the 2010 1-hour SO2 standard for the
Jefferson County nonattainment area.
Kentucky requested that EPA
incorporate into the Jefferson County
portion of the Commonwealth’s SIP the
30-day SO2 emission limits and
operating and compliance parameters
(monitoring, recordkeeping, and
reporting) established at Plant-wide
Specific condition S1-Standards, S2Monitoring and Record Keeping and S3Reporting in title V permit 145–97–
TV(R3). On June 28, 2019, EPA took
final action to incorporate the SO2
emission limits and operating and
compliance parameters into the SIP
with the approval of Kentucky’s June
23, 2017, SO2 nonattainment SIP
revision. See 84 FR 30920. The air
quality improvement in the Jefferson
County Area is due to permanent and
enforceable reductions in SO2 emissions
15 See section IV.B.4.ii of the proposed attainment
demonstration (83 FR 56002, November 9, 2018).
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29387
resulting from the emission limits
incorporated into the SIP.
Criterion (4)—The Jefferson County Area
Has a Fully Approved Maintenance
Plan Pursuant to Section 175A of the
CAA
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has a
fully approved maintenance plan
pursuant to section 175A of the CAA.
See CAA section 107(d)(3)(E)(iv). In
conjunction with its request to
redesignate the Jefferson County Area to
attainment for the 2010 1-hour SO2
NAAQS, Kentucky submitted a SIP
revision to provide for the maintenance
of the 2010 1-hour SO2 NAAQS for at
least 10 years after the effective date of
redesignation to attainment. EPA is
proposing to determine that this
maintenance plan meets the
requirements for approval under section
175A of the CAA.
a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the state must
submit a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the 10
years following the initial 10-year
period. To address the possibility of
future NAAQS violations, the
maintenance plan must contain
contingency measures as EPA deems
necessary to assure prompt correction of
any future 2010 1-hour SO2 violations.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
requirements: The attainment emissions
inventory; maintenance demonstration;
monitoring; verification of continued
attainment; and a contingency plan. As
is discussed more fully below, EPA is
proposing to determine that Kentucky’s
maintenance plan includes all the
necessary components and is thus
proposing to approve it as a revision to
the Kentucky SIP.
b. Attainment Emissions Inventory
An attainment inventory identifies a
level of emissions in the Area that is
sufficient to attain the NAAQS. As
discussed above, the last monitored
exceedance of the NAAQS occurred in
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2015. Phased installation of the new
FGDs at Mill Creek began in 2013 and
was completed in 2016, making 2017
the first full year with all of the new
controls in operation. The design values
at the Watson Lane monitor have
decreased since the 2014–2016 design
value with a quality-assured, complete,
and certified 2016–2018 3-year design
value of 19 ppb. In its maintenance
plan, LMAPCD chose 2018 as the
attainment inventory year which is one
of the three years included in the
current attaining 3-year design value.
This design value reflects the permanent
and enforceable Mill Creek SO2
emission limits used in the attainment
modeling.
Actual emissions from Mill Creek are
used for point source emissions for the
attainment inventory, as it is the only
point source in the Area, and the only
source specifically modeled in the
attainment demonstration approved in
2019. SO2 emissions data from Mill
Creek is presented in Table 2. Kentucky
interpolated emissions for all other
sectors for 2018 from the 2011 and 2014
National Emissions Inventory (NEI) data
for Jefferson County because the
Commonwealth is only required to
develop these inventories on a triennial
period in accordance with the NEI and
subpart A to 40 CFR part 51 and the
final 2017 NEI is not yet available. The
2018 estimated emissions were then
apportioned to the Area based on the
Area’s fraction of land area within the
county. The complete attainment
emissions inventory for the Area is
presented in Table 3.
TABLE 2—2018 SO2 EMISSIONS INVENTORY FOR LG&E MILL CREEK
SO2 emissions
(tpy)
Unit
Source
MC_U01 ......................................................................................
MC_U02 ......................................................................................
MC_U03 ......................................................................................
MC_U04 ......................................................................................
MC_Other ...................................................................................
CEMS * .......................................................................................
CEMS .........................................................................................
CEMS .........................................................................................
CEMS .........................................................................................
Calculated ...................................................................................
681.3
571.1
721.1
1778.6
0.06
Total .....................................................................................
.....................................................................................................
3,752.16
* Continuous Emissions Monitoring System.
TABLE 3—2018 ATTAINMENT EMISSIONS INVENTORY FOR THE JEFFERSON COUNTY AREA
Source type
Point
2018 SO2 Emissions (tpy) ...................................................
For additional information regarding
the development of the attainment year
inventory, please see Kentucky’s June
23, 2017, nonattainment SIP submission
and EPA’s rulemakings on that
submittal.16
c. Maintenance Demonstration
Maintenance of the SO2 standard is
demonstrated either by showing that
future emissions will not exceed the
level of the attainment emissions
inventory year or by modeling to show
that the future mix of sources and
emission rates will not cause a violation
of the NAAQS.
To evaluate maintenance through
2032 and satisfy the 10-year interval
Area
3,752.16
Non-road
0.46
required in CAA section 175A,
Kentucky prepared attainment year
emissions (2018) and projected
emissions inventories for years 2023,
2028, and 2032. The emissions
inventories are composed of the
following general source categories:
Point, area, non-road mobile, and onroad mobile. Projected point source
emissions were based on Mill Creek’s
2018 attainment emissions of 3752.16
tons. Projected point source emissions
were held constant because Kentucky
does not anticipate any development
within the Area and also does not
anticipate any major changes at Mill
Creek. The projected emissions for area,
non-road mobile, and on-road mobile
0.01
On-road
0.28
Total
3,752.91
emissions are from U.S. EPA’s 2011 v6.3
modeling platform and further
apportioned for the Area. The emissions
inventories were developed consistent
with EPA guidance and are summarized
in Table 4. Kentucky compared
projected emissions for the final year of
the maintenance plan (2032) to the
attainment emissions inventory year
(2018) and compared interim years
(2023 & 2028) to the attainment
emissions inventory year to demonstrate
continued maintenance of the 2010 1hour SO2 standard. For additional
information regarding the development
of the projected inventories, please see
Kentucky’s June 23, 2017,
nonattainment SIP revision.
TABLE 4—ATTAINMENT & PROJECTED FUTURE EMISSIONS INVENTORIES FOR THE AREA
[tpy]
Attainment
2018 SO2
emissions
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Sector
Nonpoint ...........................................................................................................
Nonroad ...........................................................................................................
Onroad .............................................................................................................
Point .................................................................................................................
16 See 84 FR 30920 (June 28, 2019) (final rule), 83
FR 56002 (November 9, 2018) (proposed rule).
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0.46
0.01
0.28
3752.16
Projected
2023 SO2
emissions
0.38
0.02
0.09
3752.16
Kentucky’s 2017 SIP submittal is included in the
Docket for this proposed rulemaking.
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Projected
2028 SO2
emissions
0.37
0.02
0.08
3752.16
Projected
2032 SO2
emissions
0.38
0.02
0.09
3752.16
Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Proposed Rules
29389
TABLE 4—ATTAINMENT & PROJECTED FUTURE EMISSIONS INVENTORIES FOR THE AREA—Continued
[tpy]
Attainment
2018 SO2
emissions
Sector
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Total ..........................................................................................................
In situations where local emissions
are the primary contributor to
nonattainment, such as the Jefferson
County Area, if the future projected
emissions in the nonattainment area
remain at or below the baseline
emissions in the nonattainment area,
then the related ambient air quality
standards should not be exceeded in the
future. Kentucky has projected
emissions as described previously, and
these projections indicate that emissions
in the Jefferson County Area will remain
at nearly the same levels as those in the
attainment year inventory for the
duration of the maintenance plan. Any
increases in actual emissions from Mill
Creek must remain below permitted
levels, which were made permanent and
enforceable through incorporation into
the SIP and demonstrate attainment of
the 1-hour SO2 NAAQS. Furthermore,
any potential future SO2 emissions
sources that may locate in or near the
Area would be required to comply with
the LMAPCD’s approved PSD
permitting programs to ensure that the
Area will continue to meet the NAAQS.
As discussed in the SO2
Nonattainment Area Guidance, an
approved attainment plan that relies on
air quality dispersion modeling using
maximum allowable emissions, such as
Kentucky’s attainment plan for the Area,
can generally be expected to
demonstrate that the standard will be
maintained for the requisite 10 years
and beyond without regard to any
changes in operation rate of the
pertinent sources that do not involve
increases in maximum allowable
emissions.17 EPA believes that the Area
will continue to maintain the standard
at least through the year 2032 because
the air quality modeling in the approved
attainment plan showed that the Area
would attain the standard based on
maximum allowable emissions limits at
Mill Creek that are incorporated into the
SIP, these sources have fully
implemented the permanent and
enforceable modeled limits and
controls, and the emissions reductions
from these measures are reflected in the
attaining design values for the Area.
Furthermore, the Watson Lane
17 See
SO2 Nonattainment Area Guidance at p.67.
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3752.91
monitoring data trends substantiate the
SO2 reductions from Mill Creek facility.
d. Monitoring Network
The Watson Lane monitor (AQS ID:
21–111–0051) is the only SO2 monitor
located within the Jefferson County
Area, and the 2010 1-hour SO2
nonattainment designation was based
on data collected from 2009–2011 at this
monitor. In its maintenance plan,
LMAPCD has committed to maintaining
an appropriate, well-sited monitoring
network in the Area, in accordance with
40 CFR part 58, through the
maintenance plan period to verify the
continued maintenance of the 2010 SO2
NAAQS. Therefore, Kentucky has
addressed the requirement for
monitoring. Kentucky’s monitoring
network plan was submitted on June 28,
2019, and approved by EPA on October
3, 2019.
e. Verification of Continued Attainment
LMAPCD has the legal authority to
enforce and implement all measures
necessary to attain and maintain the
NAAQS. See, e.g., Kentucky Revised
Statutes (KRS) Chapter 77 (which
provides LMAPCD with the authority to
implement and enforce orders, rules,
and regulations necessary or proper to
accomplish the purposes of the chapter,
including taking legal action and
imposing fines for violations).
The sole point source within the
nonattainment area, Mill Creek, is
required to submit annual emissions
statements to LMAPCD pursuant to
LMAPCD Regulation 1.06. LMAPCD
will use these statements, along with
monitoring data collected as described
in the previous section, to verify
continued attainment. Monitoring data
is regularly compared to the SO2
NAAQS and reported to the Louisville
Air Pollution Control Board. LMAPCD
will compare Mill Creek’s annual
emissions statements with the
attainment inventory and the permanent
and enforceable SO2 emissions limits for
Mill Creek discussed above.
Furthermore, any potential future SO2
emissions sources that may locate in or
near the Area would be required to
comply with the LMAPCD’s approved
PSD permitting programs to ensure that
the Area will continue to meet the
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Projected
2023 SO2
emissions
3752.65
Projected
2028 SO2
emissions
3752.64
Projected
2032 SO2
emissions
3752.65
NAAQS. In addition to assuring
continued attainment in this manner,
Kentucky will verify continued
attainment through operation of the
monitoring network.
f. Contingency Measures in the
Maintenance Plan
Section 175A of the CAA requires that
a maintenance plan include such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
NAAQS that occurs after redesignation.
The maintenance plan should identify
the contingency measures to be adopted,
a schedule and procedure for adoption
and implementation, and a time limit
for action by the state. In cases where
attainment revolves around compliance
of a single source or a small set of
sources with emissions limits shown to
provide for attainment, EPA interprets
‘‘contingency measures’’ to mean that
the state agency has a comprehensive
program to identify sources of violations
of the SO2 NAAQS and to undertake
aggressive follow-up for compliance and
enforcement, including expedited
procedures for establishing enforceable
consent agreement pending the
adoption of revised SIPs.18 A state
should also identify specific indicators
to be used to determine when the
contingency measures need to be
implemented. The maintenance plan
must include a requirement that a state
will implement all measures with
respect to control of the pollutant that
were contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d).
The contingency plan included in the
maintenance plan contains triggers to
determine when contingency measures
are needed and what kind of measures
should be used. In the event of a single
monitored exceedance of the 1-hour
75ppb SO2 NAAQS at the Watson Lane
monitor, LMAPCD will expeditiously
investigate and perform culpability
analysis to determine the source that
cause the exceedance and/or violation 19
18 See
SO2 Nonattainment Area Guidance at
19 Kentucky’s contingency measure trigger
p.69.
accounts for a possible exceedance or violation of
the 1-hour SO2 standard. As specified in 40 CFR
50.17(b), the 1-hour primary SO2 NAAQS is met at
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Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Proposed Rules
and enforce any SIP or permit limit that
is violated. If all sources are found to be
in compliance with applicable SIP and
permit emission limits, LMAPCD shall
determine the cause of the exceedance
and determine what additional control
measures are necessary to impose on the
area’s stationary sources to continue to
maintain attainment of the SO2 NAAQS.
LMAPCD shall inform any affected
stationary sources of the monitored SO2
exceedance and the potential need for
additional control measures. Within six
months of notification, the source must
submit a detailed plan of action
specifying additional control measures
to be implemented no later than 18
months after the notification, or 24
months from the initial exceedance,
whichever comes first. The additional
control measures will be submitted to
EPA for approval and incorporation into
the SIP. Such measures may require that
Mill Creek reduce load. Additional
contingency measures include the
alternative RACT/RACM of switching to
low-sulfur fuel. LMAPCD will continue
to implement all measures with respect
to the control of SO2 which were
contained in the SIP for the Area before
redesignation.
EPA has preliminarily concluded that
the maintenance plan adequately
addresses the five basic components of
a maintenance plan: The attainment
emissions inventory; maintenance
demonstration; monitoring; verification
of continued attainment; and a
contingency plan. Therefore, EPA
proposes to determine that the
maintenance plan for the Area meets the
requirements of section 175A of the
CAA and proposes to incorporate the
maintenance plan into the Kentucky
SIP.
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VI. What is the effect of EPA’s proposed
actions?
Approval of Kentucky’s redesignation
request would change the legal
designation of the portion of Jefferson
County that is within the Jefferson
County Area, as found at 40 CFR part
81, section 81.310, from nonattainment
to attainment for the 2010 1-hour SO2
NAAQS. Approval of Kentucky’s
associated SIP revision would also
incorporate a plan for maintaining the
2010 1-hour SO2 NAAQS in the
Jefferson County Area through 2032 into
the SIP.
an ambient air quality monitoring site when the 3year average of the annual 99th percentile of daily
maximum 1- hour average concentrations is less
than or equal to 75 ppb. In a calendar year, four
days with a maximum hourly value above 75 ppb
is considered an exceedance.
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VII. Proposed Actions
EPA is proposing to take three
separate but related actions regarding
the redesignation request and associated
SIP revision for the Jefferson County
Area.
First, EPA is proposing to determine
that the Area has attained the 2010 1hour SO2 NAAQS.
Second, EPA is proposing to approve
the maintenance plan for the Area and
to incorporate it into the SIP. As
described above, the maintenance plan
demonstrates that the Area will
continue to maintain the 2010 1-hour
SO2 NAAQS through 2032.
Third, EPA is proposing to approve
Kentucky’s request for redesignation of
the Area from nonattainment to
attainment for the 2010 1-hour SO2
NAAQS based on compliance with the
redesignation criteria provided under
CAA section 107(d)(3)(E). If finalized,
approval of the redesignation request for
the Jefferson County Area would change
the official designation of the portion of
Jefferson County encompassed by the
polygon with the vertices using UTM
coordinates in UTM zone 16 with datum
NAD83 as follows: (1) Ethan Allen Way
extended to the Ohio River at UTM
Easting (m) 595738, UTM Northing
4214086 and Dixie Highway (US60 and
US31W) at UTM Easting (m) 597515,
UTM Northing 4212946; (2) Along Dixie
Highway from UTM Easting (m) 597515,
UTM Northing 4212946 to UTM Easting
(m) 595859, UTM Northing 4210678; (3)
Near the adjacent property lines of
Louisville Gas and Electric-Mill Creek
Electric Generating Station and Kosmos
Cement where they join Dixie Highway
at UTM Easting (m) 595859, UTM
Northing 4210678 and the Ohio River at
UTM Easting (m) 595326, UTM
Northing 4211014; (4) Along the Ohio
River from UTM Easting (m) 595326,
UTM Northing 4211014 to UTM Easting
(m) 595738, UTM Northing 4214086, as
found at 40 CFR part 81, from
nonattainment to attainment for the
2010 1-hour SO2 NAAQS.
VIII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
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areas that have been redesignated to
attainment. Moreover, 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. Accordingly, these proposed
actions merely propose to approve state
law as meeting Federal requirements
and do not impose additional
requirements beyond those imposed by
state law. For these reasons, these
proposed actions:
• Are not significant regulatory
actions 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);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because these actions are not
significant regulatory actions under
Executive Order 12866;
• Do not impose information
collection burdens under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do not contain any unfunded
mandates or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
This redesignation action 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
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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.
reference, Intergovernmental relations,
Reporting and recordkeeping, Sulfur
dioxide.
Dated: May 5, 2020.
Mary Walker,
Regional Administrator, Region 4.
40 CFR Part 81
[FR Doc. 2020–10063 Filed 5–14–20; 8:45 am]
List of Subjects
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
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Authority: 42 U.S.C. 7401 et seq.
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]]>Agencies
[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Proposed Rules]
[Pages 29381-29391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10063]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2020-0003; FRL-10009-11-Region 4]
Air Plan Approval and Designation of Areas; KY; Redesignation of
the Jefferson County 2010 1-Hour Sulfur Dioxide Nonattainment Area to
Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In a letter dated December 9, 2019, the Commonwealth of
Kentucky, through the Kentucky Division of Air Quality (KDAQ) on behalf
of the Louisville Metro Air Pollution Control District (LMAPCD),
submitted a request for the Environmental Protection Agency (EPA) to
redesignate the Jefferson County sulfur dioxide (SO2)
nonattainment area (hereinafter referred to as the ``Jefferson County
Area'' or ``Area'') to attainment for the 2010 1-hour SO2
primary national ambient air quality standard (NAAQS) and to approve an
accompanying state implementation plan (SIP) revision containing a
maintenance plan for the Area. EPA is proposing to determine that the
Jefferson County Area has attained the 2010 1-hour SO2
NAAQS; to approve the SIP revision containing the Commonwealth's plan
for maintaining attainment of the 2010 1-hour SO2 standard
and to incorporate the maintenance plan into the SIP; and to
redesignate the Jefferson County Area to attainment for the 2010 1-hour
SO2 NAAQS.
DATES: Comments must be received on or before June 15, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0003 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: Madolyn Sanchez, 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. Ms. Sanchez may be
reached by phone at (404) 562-9644 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is proposing to take?
EPA is proposing to take the following three separate but related
actions: (1) To determine that the Jefferson County Area has attained
the 2010 1-hour SO2 NAAQS; (2) to approve Kentucky's plan
for maintaining the 2010 1-hour SO2 NAAQS in the Area
through 2032 and incorporate it into the SIP; and (3) to redesignate
the Jefferson County Area to attainment for the 2010 1-hour
SO2 NAAQS. The Jefferson County Area is comprised of the
portion of Jefferson County encompassed by the polygon with the
vertices using Universal Traverse Mercator (UTM) coordinates in UTM
zone 16 with datum NAD83 as follows: (1) Ethan Allen Way extended to
the Ohio River at UTM Easting (m) 595738, UTM Northing 4214086 and
Dixie Highway (US60 and US31W) at UTM Easting (m) 597515, UTM Northing
4212946; (2) Along Dixie Highway from UTM Easting (m) 597515, UTM
Northing 4212946 to UTM Easting (m) 595859, UTM Northing 4210678; (3)
Near the adjacent property lines of Louisville Gas and Electric-Mill
Creek Electric Generating Station and Kosmos Cement where they join
Dixie Highway at UTM Easting (m) 595859, UTM Northing 4210678 and the
Ohio River at UTM Easting (m) 595326, UTM Northing 4211014; (4) Along
the Ohio River from UTM Easting (m) 595326, UTM Northing 4211014 to UTM
Easting (m) 595738, UTM Northing 4214086. The Area consists primarily
of the Louisville Gas & Electric (LG&E) Mill Creek Generating Station
(Mill Creek) and the area surrounding the monitor immediately north of
that facility. Mill Creek is the only point source of SO2
emissions within the Jefferson County Area.
[[Page 29382]]
EPA is proposing to determine that the Jefferson County Area has
attained the 2010 1-hour SO2 NAAQS. EPA is also proposing to
approve Kentucky's SIP revision containing the maintenance plan for the
Jefferson County Area in accordance with the requirements of section
175A of the Clean Air Act (CAA or Act). The maintenance plan submitted
with Kentucky's request for redesignation is intended to help keep the
Jefferson County Area in attainment of the 2010 1-hour SO2
NAAQS through the year 2032.
EPA is also proposing to determine that the Jefferson County Area
has met the requirements for redesignation under section 107(d)(3)(E)
of the CAA. Accordingly, EPA is proposing to approve a request to
change the legal designation of the portion of Jefferson County that is
designated nonattainment to attainment for the 2010 1-hour
SO2 NAAQS.
II. Background
On June 2, 2010, EPA revised the primary SO2 NAAQS,
establishing a new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22, 2010).\1\ Under EPA's
regulations at 40 CFR part 50, the 2010 1-hour SO2 NAAQS is
met at a monitoring site when the 3-year average of the annual 99th
percentile of daily maximum 1-hour average concentrations is less than
or equal to 75 ppb (based on the rounding convention in 40 CFR part 50,
appendix T). See 40 CFR 50.17. Ambient air quality monitoring data for
the 3-year period must meet a data completeness requirement. A year
meets data completeness requirements when all four quarters are
complete, and a quarter is complete when at least 75 percent of the
sampling days for each quarter have complete data. A sampling day has
complete data if 75 percent of the hourly concentration values,
including state-flagged data affected by exceptional events which have
been approved for exclusion by the Administrator, are reported.\2\
---------------------------------------------------------------------------
\1\ On February 25, 2019, EPA retained the existing 2010 primary
NAAQS for SO2 of 75 parts per billion (ppb) based on the
3-year average of the 99th percentile of the annual distribution of
1-hour daily maximum concentrations. See 84 FR 9866.
\2\ See 40 CFR part 50, appendix T, section 3(b).
---------------------------------------------------------------------------
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that does not meet (or that
contributes to ambient air quality in a nearby area that does not meet)
the NAAQS. EPA designated the Jefferson County Area as nonattainment
for the 2010 1-hour SO2 NAAQS, effective on October 4, 2013,
based on 2009-2011 complete, quality assured, and certified ambient air
quality data. See 78 FR 47191 (August 5, 2013). Under the CAA,
nonattainment areas must attain the NAAQS as expeditiously as
practicable but not later than five years after the October 4, 2013,
effective date of the designation. See CAA section 192(a). Therefore,
the Jefferson County Area's applicable attainment date was no later
than October 4, 2018.
EPA's 2010 SO2 nonattainment designation for the Area
triggered an obligation for Kentucky to develop a nonattainment SIP
revision addressing certain requirements under title I, part D, subpart
1 (hereinafter ``Subpart 1''), and to submit that SIP revision to EPA
in accordance with the deadlines in title I, part D, subpart 5
(hereinafter ``Subpart 5''). Subpart 1 contains the general
requirements for nonattainment areas for criteria pollutants, including
requirements to develop a SIP that provides for the implementation of
reasonably available control measures (RACM), requires reasonable
further progress (RFP), includes base-year and attainment-year
emissions inventories, a SIP-approved nonattainment new source review
(NNSR) permitting program, enforceable emission limitations and other
such control measures, and provides for the implementation of
contingency measures. This SIP revision was due within 18 months
following the October 4, 2013, effective date of designation (i.e.,
April 4, 2015). See CAA section 191(a). Kentucky submitted a
nonattainment SIP revision to EPA on June 23, 2017.\3\
---------------------------------------------------------------------------
\3\ EPA published a notice on March 18, 2016 (81 FR 14736),
announcing its finding that Kentucky (and other pertinent states)
had failed to submit the required SO2 nonattainment plan
by the submittal deadline. The finding initiated a deadline under
CAA section 179(a) for the potential imposition of NNSR offset and
highway funding sanctions. However, pursuant to Kentucky's submittal
of June 23, 2017 (received by EPA on July 6, 2017), and EPA's
subsequent letter dated October 10, 2017, to Kentucky finding the
submittal to be complete and noting the termination of these
sanctions deadlines, the sanctions under section 179(a) were not and
will not be imposed as a result of Kentucky having missed the April
4, 2015, submittal deadline.
---------------------------------------------------------------------------
On June 28, 2019 (84 FR 30920), EPA approved Kentucky's June 23,
2017, SO2 nonattainment SIP revision. EPA determined that
the nonattainment SIP revision met the applicable requirements of
sections 110, 172, 191, and 192 of the CAA and nonattainment regulatory
requirements at 40 CFR part 51 (including Kentucky's attainment
modeling demonstration for the Jefferson County Area). As discussed in
Section V below, the attainment modeling demonstration inputs included
SO2 emission limits and compliance parameters (monitoring,
recordkeeping, and reporting) at Mill Creek established in the
facility's title V permit 145-97- TV(R3) at Plant-wide Specific
condition S1-Standards, S2-Monitoring and Record Keeping, and S3-
Reporting. EPA incorporated these limits and parameters into the SIP as
part of its final action on Kentucky's nonattainment SIP revision, thus
making them permanent and enforceable controls.
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided that the following criteria are met:
(1) The Administrator determines that the area has attained the
applicable NAAQS; (2) the Administrator has fully approved the
applicable implementation plan for the area under section 110(k); (3)
the Administrator determines that the improvement in air quality is due
to permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable federal air
pollutant control regulations, and other permanent and enforceable
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A; and (5) the
state containing such area has met all requirements applicable to the
area for purposes of redesignation under section 110 and part D of the
CAA.
On April 16, 1992 (57 FR 13498), EPA provided guidance on
redesignations in the General Preamble for the Implementation of title
I of the CAA Amendments of 1990 and supplemented this guidance on April
28, 1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in the following documents:
1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereinafter referred to as the
``Calcagni Memorandum'');
2. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
3. ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for
[[Page 29383]]
Air and Radiation, October 14, 1994; and
4. ``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions,'' Memorandum from Stephen D. Page, April 23, 2014
(hereinafter referred to as the ``SO2 Nonattainment Area
Guidance'').
EPA's SO2 Nonattainment Area Guidance discusses the CAA
requirements that air agencies need to address when implementing the
2010 SO2 NAAQS in areas designated as nonattainment for the
standard. The guidance includes recommendations for air agencies to
consider as they develop SIPs to satisfy the requirements of sections
110, 172, 175A, 191, and 192 of the CAA to show future attainment and
maintenance of the 2010 SO2 NAAQS. Additionally, the
SO2 nonattainment guidance provides recommendations for air
agencies to consider as they develop redesignation requests and
maintenance plans to satisfy the requirements of sections 107(d)(3)(E)
and 175A.
IV. Why is EPA proposing these actions?
Through a letter dated December 9, 2019, Kentucky submitted a
request for EPA to redesignate the Jefferson County Area to attainment
for the 2010 1-hour SO2 NAAQS and submitted an associated
SIP revision containing a maintenance plan. EPA's evaluation indicates
that the Jefferson County Area meets the requirements for redesignation
as set forth in section 107(d)(3)(E), including the maintenance plan
requirements under section 175A of the CAA. As a result of this
evaluation, EPA is proposing to determine that the Area has attained
the 2010 1-hour SO2 NAAQS based upon air monitoring data for
2016-2018 and air quality dispersion modeling analyses. EPA is also
proposing to approve Kentucky's maintenance plan for maintaining the
2010 1-hour SO2 NAAQS in the Area and incorporate it into
the SIP and to redesignate the Jefferson County Area to attainment for
the 2010 1-hour SO2 NAAQS.
V. What is EPA's analysis of the redesignation request and SIP
revision?
The five redesignation criteria provided under CAA section
107(d)(3)(E) are discussed in greater detail for the Jefferson County
Area in the following paragraphs.
Criterion (1)--The Administrator Uetermines Uhat the Urea Has Attained
the NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). As discussed in section VIII.A of
the SO2 Nonattainment Area Guidance, there are generally two
components needed to support an attainment determination for
SO2, which should be considered interdependently. The first
component relies on air quality monitoring data. For SO2,
any available monitoring data would need to indicate that all monitors
in the affected area are meeting the standard as stated in 40 CFR 50.17
using data analysis procedures specified in 40 CFR part 50, Appendix T.
The second component relies on air quality modeling. If there are no
air quality monitors located in the affected area, or there are air
quality monitors located in the area, but analyses show that none of
the monitors are located in the area of maximum ambient air
SO2 concentration,\4\ then air quality dispersion modeling
will generally be needed to estimate SO2 concentrations in
the area. Such dispersion modeling should be conducted to estimate
SO2 concentrations throughout the nonattainment area using
actual emissions and meteorological information for the most recent
three calendar years. However, EPA may also make determinations of
attainment based on the modeling from the attainment demonstration for
the applicable SIP for the affected area, eliminating the need for
separate actuals-based modeling to support the determination that an
area is currently attaining. If the air agency has previously submitted
a modeled attainment demonstration using allowable emissions, no
further modeling is needed as long as the source characteristics are
still reasonably represented and so long as emissions are at or below
allowable levels. In a case such as this, where both monitoring and
modeling evidence are available, EPA will consider both types of
evidence.
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\4\ See section VIII.A of the SO2 Nonattainment Area
Guidance.
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Kentucky's pre- and post-modification attainment demonstration
modeling indicates that the Watson Lane Elementary School (Watson Lane)
monitor is not sited in the area of maximum concentration for Mill
Creek, and therefore, the clean monitoring data at the monitor does not
on its own demonstrate that the Area is attaining the standard. EPA's
proposed determination that the Jefferson County Area is attaining the
SO2 NAAQS is also based on the modeled attainment
demonstration that includes permanent and enforceable SO2
emissions limits at Mill Creek showing attainment of the 2010 1-hour
SO2 NAAQS. The modeled attainment demonstration accounts for
more efficient wet flue gas desulfurization (FGD) control equipment at
Mill Creek that became operational in stages from 2014 to 2016, as well
as revised SO2 emission limits.\5\ EPA approved the
attainment demonstration for the Jefferson County Area on June 28,
2019, and incorporated the new SO2 emission limits including
monitoring, recordkeeping, and reporting parameters into the SIP,
making them permanent and enforceable. See 84 FR 30920. Monitoring data
from the Watson Lane monitor and Kentucky's approved modeled attainment
demonstration are discussed below.
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\5\ See the ``Criterion (3)'' section of this notice for
additional information.
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Monitoring Data
For SO2, a monitoring site may be considered to be
attaining the 2010 1-hour SO2 NAAQS if it meets the NAAQS as
determined in accordance with 40 CFR 50.17 and Appendix T of part 50,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data. Specifically, to attain the NAAQS at each
monitoring site, the 3-year average of the annual 99th percentile
(fourth highest value) of daily maximum 1-hour average concentrations
measured at each monitor within an area must be less than or equal to
75 ppb. The data must be collected and quality-assured in accordance
with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS).
The monitors should have remained at the same location for the duration
of the monitoring period required for demonstrating attainment.
Kentucky currently operates one ambient SO2 monitor in
the Area, the Watson Lane SO2 monitor (AQS ID: 21-111-0051).
This monitor is located less than 2 kilometers (km) east of Mill Creek.
The original nonattainment designation was based on the 2009-2011
design value of 112 ppb at this monitor. As shown in Table 1, the
design values at this monitor have decreased since the 2014-2016 design
value, and the quality-assured, complete, and certified 2016-2018 3-
year design value is 19 ppb, well below the 2010 1-hour SO2
standard of 75 ppb.
[[Page 29384]]
There have been no 1-hour values recorded above the standard since
March 2015. The first three-year period for which the design value for
the Area fell below the standard was 2015-2017.
Table 1--Jefferson County Area SO2 Monitored Design Values
--------------------------------------------------------------------------------------------------------------------------------------------------------
2009-2011 2010-2012 2011-2013 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018
Monitoring station (AQS Site ID) Design Design Design Design Design Design Design Design
value value value value value value value value \6\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Watson Lane Elementary School (21-111-0051)............. 112 ppb 123ppb ND * ND * ND * 76 ppb 31 ppb 19 ppb
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The Watson Lane monitor did not collect a valid design value during 2011-2013, 2012-2014, and 2013-2015 due to incomplete data in 2013.
Preliminary monitoring data from the Watson Lane monitor for 2019
indicates that the 2017-2019 preliminary design value is 15 ppb.\7\ EPA
is proposing to determine that the Jefferson County Area has attained
the 2010 1-hour SO2 NAAQS based on the modeling analysis
discussed below, as well as the quality-assured, complete, and
certified ambient air monitoring data for the 2016-2018 period that
does not indicate a NAAQS violation. If, before EPA takes final action,
monitoring data or other evidence causes EPA to conclude that the Area
is not continuing to meet the standard, EPA will not go forward with
the redesignation. As discussed in more detail below, Kentucky has
committed to continue monitoring ambient SO2 concentrations
in this Area in accordance with 40 CFR part 58. Any future changes to
the state or local air monitoring station (SLAMS) network in the Area
will be submitted to EPA for approval in Kentucky's annual ambient air
monitoring network plan, as required by 40 CFR 58.10.
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\6\ The 2018 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.
\7\ Preliminary 2019 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.
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Kentucky's EPA-Approved Modeling Analysis
As discussed in Section VIII.A. of the SO2 Nonattainment
Area Guidance, air quality dispersion modeling will generally be needed
to demonstrate attainment in addition to attaining air quality
monitoring data (in accordance with 40 CFR 50.17 and Appendix T of part
50) if the existing monitor is not located in the area of maximum
ambient air SO2 concentration. The SO2 attainment
demonstration submitted by Kentucky on June 23, 2017, provided an air
quality dispersion modeling analysis demonstrating that the control
strategies chosen by the Commonwealth and LMAPCD to reduce
SO2 emissions at Mill Creek provide for attainment of the
standard. The source characteristics in KDAQ's attainment demonstration
still reflect current conditions. On June 28, 2019 (84 FR 30920), EPA
approved this attainment demonstration along with LMAPCD's control
strategies at the facility. Details regarding the control strategies
and emissions reductions are provided in the Criterion (3) Section of
this notice. Details regarding the modeling analysis are discussed in
the following paragraphs.
Kentucky's modeling analysis was developed in accordance with EPA's
Guideline on Air Quality Models (Modeling Guideline) \8\ and the
SO2 Nonattainment Area Guidance, and was prepared using
EPA's preferred dispersion modeling system, the American Meteorological
Society/Environmental Protection Agency Regulatory Model (AERMOD)
consisting of the AERMOD (version 15181) \9\ model and multiple data
input preprocessors as described below. Kentucky used regulatory
default options and the rural land use designation in the AERMOD
modeling. Appendix A in Kentucky's December 9, 2019, submittal provides
a summary of the modeling procedures and options, including details
explaining how they applied the Auer technique to determine that the
rural dispersion coefficients were appropriate for the modeling.
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\8\ See 40 CFR part 51 Appendix W (EPA's Guideline on Air
Quality Models) (January 17, 2017) located at https://www3.epa.gov/ttn/scram/appendix_w/2016/AppendixW_2017.pdf.
\9\ Version 15181 of the AERMOD Modeling System was the current
EPA-recommended regulatory version at the time the modeling was
performed in 2016-2017, and therefore, was appropriate for the
modeling analysis.
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The pre-processors AERMET (version 15181) and AERMINUTE (version
15272) were used to process five years (i.e., 2011-2015) of 1-minute
meteorological data from the Louisville Muhammad Ali International
Airport station in Louisville, Kentucky, located about 20 km to the
northeast of Mill Creek. Twice daily upper-air meteorological
information came from the Wilmington Air Park, Wilmington, Ohio station
located about 240 km to the northeast. The surface characteristics
surrounding the meteorological surface station were processed using
AERSURFACE version 13016 following EPA-recommended procedures and were
determined to be representative of the facility by the Commonwealth.
The AERMOD pre-processor AERMAP (version 11103) was used to
generate terrain inputs for the receptors, based on a digital elevation
mapping database from the National Elevation Dataset developed by the
U.S. Geological Survey. Model receptors were located throughout the
Area using a grid with 100-meter spacing between receptors.
Mill Creek is the only SO2 emitting major point source
in the Area and the only emission source that was explicitly modeled in
the attainment modeling analysis for the Jefferson County Area. All
minor area sources and other major point sources (located outside the
nonattainment area boundary) were accounted for with the background
concentration discussed below. Mill Creek operates four coal-fired
boiler units (U1 thru U4) that emit from three stacks. Unit 1 and Unit
2 have a joint stack (S33) while Unit 3 and Unit 4 have separate stacks
(S4 and S34, respectively). The Commonwealth evaluated the emissions
from Mill Creek and derived a set of three SO2 critical
emission values (CEVs), one for each stack, from AERMOD modeling
simulations to show compliance with the 2010 SO2 NAAQS. The
AERMOD modeling analysis resulted in the following CEVs: Stack S33,
which serves Units 1 and 2, was modeled at 225.4 grams/second (g/s)
equivalent to 1,789 lb/hr; stack S4, which serves Unit 3, was modeled
at 152.6 g/s equivalent to 1,211 lb/hr; and stack S34, which serves
Unit 4, was modeled at 183.6 g/s equivalent to 1,457 lb/hr. In each
case, the modeled emission rate corresponds to 0.29 pounds per million
British thermal units (lb/MMBtu) times the maximum heat input capacity
(MMBtu/
[[Page 29385]]
hr) of the unit(s) associated with each stack. This form of an emission
limit, in lb/MMBtu, is a frequent form of emission limit associated
with electric generating units. The Commonwealth determined from these
AERMOD modeling simulations that an hourly emission limit of 0.29 lb/
MMBtu would suffice to ensure modeled attainment of the SO2
NAAQS. However, the Commonwealth opted to apply a 30-day average limit,
following EPA's SO2 Nonattainment Area Guidance for setting
longer term average limits. The Commonwealth determined that a 30-day
average limit of 0.20 lb/MMBtu could be considered comparably stringent
to a 1-hour limit of 0.29 lb/MMBtu. A comprehensive discussion of the
procedures used by the Commonwealth to determine the longer-term
average limit is contained in EPA's rulemaking notices associated with
the approval of the nonattainment SIP revision for the Jefferson County
Area. See 83 FR 56002 (November 9, 2018) and 84 FR 30920 (June 28,
2019).
Kentucky selected background SO2 concentrations that
vary by season and hour of day \10\ using local SO2
monitoring data from the Green Valley Road monitor (AQS ID: 18-043-
1004) located in New Albany, Indiana, approximately 29 km north of the
Mill Creek facility, for the period 2013-2015. The season-by-hour
background values ranged from 2.13 ppb to 20.67 ppb. These background
concentrations from the nearby ambient air monitor are used to account
for SO2 impacts from all sources that are not specifically
included in the AERMOD modeling analysis. A comprehensive discussion of
the background concentrations and how they are used to account for
SO2 emissions from all the sources not explicitly modeled is
contained in EPA's notice of proposed rulemaking for the nonattainment
SIP revision. See 83 FR 56002 (November 9, 2018).
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\10\ Use of 99th percentile background concentrations that vary
by season and hour of the day is an acceptable approach that is
described in Appendix A, Section 8, of EPA's SO2
Nonattainment Area Guidance.
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The AERMOD modeling resulted in a maximum modeled design value of
190.1 micrograms per cubic meter or 72.6 ppb, including the background
concentrations, which is below the 1-hour SO2 NAAQS of 75
ppb. The modeling used hourly SO2 emissions for each Mill
Creek stack equivalent to the hourly SO2 emission rate of
0.29 lb/MMBtu, which was used to derive the 30-day average emission
limit for the four coal-fired boilers at Mill Creek. Mill Creek
completed the phased installation of improved FGD SO2
controls in 2016 and became subject to the new 30-day SO2
emission limits on April 5, 2017, which reduced SO2
emissions by approximately 89 percent from 2014 emission levels.\11\
Furthermore, the Watson Lane monitoring data corroborate the
significant SO2 reductions from Mill Creek. EPA previously
evaluated the modeling procedures, inputs, and results and finalized a
determination that the Commonwealth's modeling analysis demonstrates
that the 30-day emissions limits on Mill Creek assure that there will
be no violations of the NAAQS within the Area.
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\11\ Mill Creek's annual SO2 emissions have dropped
from 28,149 tons in 2014 to 3,752 tons in 2018. Additionally, Mill
Creek emitted a total of 2,923 tons in 2019. See https://ampd.epa.gov/ampd/.
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All emissions limits and related compliance parameters have been
incorporated into the Jefferson County portion of the Kentucky SIP,
making these changes permanent and federally enforceable. More details
on the pre-construction and post-construction operations at Mill Creek
are included in Kentucky's June 23, 2017, nonattainment SIP submission
and in EPA's rulemaking on that submittal.\12\
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\12\ See 84 FR 30920 (June 28, 2019) (final rule), 83 FR 56002
(November 9, 2018) (proposed rule). Kentucky's 2017 SIP submittal is
included in the Docket for this proposed rulemaking.
---------------------------------------------------------------------------
On June 28, 2019, EPA approved the modeled attainment demonstration
described above and concluded that it is consistent with CAA
requirements, EPA's Modeling Guideline, and EPA's guidance for
SO2 attainment demonstration modeling. The modeled controls
have been fully implemented as of June 8, 2016, when the last of the
new FGD SO2 controls began operation. Mill Creek became
subject to the revised SO2 emission limits in the Title V
permit on April 5, 2017. Emissions and air quality are at or below the
levels modeled in Kentucky's attainment demonstration.\13\ Therefore,
EPA proposes to find that air quality modeling supports the conclusion
that the Area has attained the 2010 1-hour SO2 NAAQS.
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\13\ A comparison of the Mill Creek unit-level potential to emit
to the 2018 actual emissions indicate that SO2 emissions
at Mill Creek are below the levels modeled in the 2017 attainment
demonstration modeling. See Kentucky's December 9, 2019,
redesignation and maintenance submission and https://ampd.epa.gov/ampd/. Furthermore, the monitoring data trends corroborate the
existence of the substantial air quality benefits from the
SO2 reductions at Mill Creek. The Watson Lane monitor has
recorded decreasing SO2 concentrations from an annual
99th percentile value of 148.6 ppb in 2014, 54.2 ppb in 2015, 26.1
ppb in 2016, 13.7 ppb in 2017, and 16.4 ppb in 2018. The quality-
assured, complete, and certified 2016-2018 3-year design value for
the Watson Lane monitor is 19 ppb, which is below the 1-hour
SO2 standard.
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Criterion (2)--The Administrator Has Fully Approved the Applicable
Implementation Plan for the Area Under Section 110(k); and Criterion
(5)--Kentucky Has Met all Applicable Requirements Under Section 110 and
Part D of Title I of the CAA
To redesignate a nonattainment area to attainment, the CAA requires
EPA to determine that the state has met all applicable requirements
under section 110 and part D of title I of the CAA (CAA section
107(d)(3)(E)(v)) and that the state has a fully approved SIP under
section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Kentucky has met all applicable SIP requirements
for the Jefferson County Area under section 110 of the CAA (general SIP
requirements) for purposes of redesignation. Additionally, EPA proposes
to find that the Kentucky SIP satisfies the criterion that it meets
applicable SIP requirements for purposes of redesignation under part D
of title I of the CAA in accordance with section 107(d)(3)(E)(v).
Further, EPA proposes to determine that the SIP is fully approved with
respect to all requirements applicable for purposes of redesignation in
accordance with section 107(d)(3)(E)(ii). In making these proposed
determinations, EPA ascertained which requirements are applicable to
the Area and, if applicable, that they are fully approved under section
110(k). SIPs must be fully approved only with respect to requirements
that were due prior to submittal of the complete redesignation request.
A. The Jefferson County Area Has Met all Applicable Requirements Under
Section 110 and Part D of the CAA
1. General SIP Requirements
General SIP elements and requirements are delineated in section
110(a)(2) of title I, part A of the CAA. These requirements include,
but are not limited to, the following: Submittal of a SIP that has been
adopted by the state after reasonable public notice and hearing;
provisions for establishment and operation of appropriate procedures
needed to monitor ambient air quality; implementation of a source
permit program; provisions for the implementation of part C
requirements (Prevention of Significant Deterioration (PSD)) and
provisions for the implementation of part D requirements (NNSR permit
programs); provisions for air pollution modeling; and provisions for
public and local agency participation in planning and emission control
rule development.
[[Page 29386]]
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
In addition, EPA interprets the other section 110(a)(2) elements
that are neither connected with nonattainment plan submissions nor
linked with an area's attainment status not to be ``applicable''
requirements for purposes of redesignation. The area will still be
subject to these requirements after the area is redesignated. The
section 110(a)(2) and part D requirements which are linked with a
particular area's designation and classification are the relevant
measures to evaluate in reviewing a redesignation request. This
approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity and oxygenated fuels
requirements, as well as with section 184 ozone transport requirements.
See Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174-
53176, October 10, 1996), (62 FR 24826, May 7, 2008); Cleveland-Akron-
Loraine, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and Tampa,
Kentucky, final rulemaking (60 FR 62748, December 7, 1995). See also
the discussion on this issue in the Cincinnati, Ohio, redesignation (65
FR 37890, June 19, 2000), and in the Pittsburgh, Pennsylvania,
redesignation (66 FR 50399, October 19, 2001). Nonetheless, EPA has
approved Kentucky's SIP revisions related to the section 110
requirements for the 2010 SO2 NAAQS, with the exception of
the interstate transport elements at section 110(a)(2)(D)(i)(I). See 81
FR 87817 (December 6, 2016), 84 FR 11652 (March 28, 2019), and 84 FR
13800 (April 8, 2019).
2. Title I, Part D, Applicable SIP Requirements
Subpart 1 of part D, comprised of CAA sections 171-179B, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas. All areas that were designated nonattainment for the
SO2 NAAQS were designated under Subpart 1 of the CAA in
accordance with the deadlines in Subpart 5. For purposes of evaluating
this redesignation request, the applicable Subpart 1 SIP requirements
are contained in section 172(c)(1)-(9), section 176, and sections 191
and 192. A thorough discussion of the requirements contained in
sections 172(c) can be found in the General Preamble for Implementation
of Title I. See 57 FR 13498 (April 16, 1992).
a. Subpart 1 Section 172 Requirements
Section 172 requires states with nonattainment areas to submit
plans providing for timely attainment and meeting a variety of other
requirements. As discussed in section V.A, above, EPA's longstanding
interpretation of the attainment-related nonattainment planning
requirements of section 172 is that once an area is attaining the
NAAQS, those requirements are not ``applicable'' for purposes of CAA
section 107(d)(3)(E)(ii) and therefore need not be approved into the
SIP before EPA can redesignate the area. In the 1992 General Preamble
for Implementation of Title I, EPA set forth its interpretation of
applicable requirements for purposes of evaluating redesignation
requests when an area is attaining a standard. See 57 FR 13498, 13564
(April 16, 1992). EPA noted that the requirements for RFP and other
measures designed to provide for attainment do not apply in evaluating
redesignation requests because those nonattainment planning
requirements ``have no meaning'' for an area that has already attained
the standard. Id. This interpretation was also set forth in the
Calcagni Memorandum.
As discussed above, EPA previously approved Kentucky's
nonattainment SIP for the Jefferson County Area. See 84 FR 30920 (June
28, 2019). The nonattainment SIP for the Area satisfied the section
172(c)(1) requirements for RACT/RACM; 172(c)(2) requirements related to
RFP; 172(c)(3) requirements for a comprehensive and accurate emissions
inventory; 172(c)(6) requirements for permanent and enforceable control
measures necessary to provide for attainment of the NAAQS by the
attainment date; and section 172(c)(9) requirements for contingency
measures.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. EPA has a longstanding
interpretation that because NNSR is replaced by PSD upon redesignation,
nonattainment areas seeking redesignation to attainment need not have a
fully approved part D NNSR program in order to be redesignated. See
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
However, LMAPCD currently has a fully-approved part D NNSR program in
place in Regulation 2.04 (Construction or Modification of Major Sources
In or Impacting Upon Non-Attainment Areas (Emission Offset
Requirements)) of the Louisville Air Pollution Control District
Regulations. LMAPCD's PSD program will become effective in the Area
upon redesignation to attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, EPA believes that
Kentucky's SIP meets the requirements of section 110(a)(2) applicable
for purposes of redesignation.
Finally, section 172(c)(8) allows a state to use equivalent
modeling, emission inventory, and planning procedures if such use is
requested by the state and approved by EPA. Kentucky has not requested
the use of equivalent techniques under section 172(c)(8).
b. Subpart 1 Section 176--Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). Because EPA does not consider
SO2 a transportation related pollutant, only the
requirements related to general conformity apply to the Jefferson
County Area. The
[[Page 29387]]
Commonwealth of Kentucky adopted general conformity criteria and
procedures as a revision to the Kentucky SIP. EPA approved Kentucky's
general conformity SIP on July 27, 1998 (63 FR 40044). Thus, the
requirements of CAA section 176 have been satisfied.
B. The Jefferson County Area Has a Fully Approved Applicable SIP Under
Section 110(k) of the CAA
EPA has fully approved the applicable Kentucky SIP for the
Jefferson County Area under section 110(k) of the CAA for purposes of
redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request (see Calcagni Memorandum at p. 3, Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3D 984, 989-90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any additional measures it may approve
in conjunction with a redesignation action. See 68 FR 25426 (May 12,
2003) and citations therein.
Criterion (3)--The Air Quality Improvement in the Jefferson County Area
is due to Permanent and Enforceable Reductions in Emissions Resulting
From Implementation of the SIP and Applicable Federal Air Pollution
Control Regulations and Other Permanent and Enforceable Reductions
To redesignate a nonattainment area to attainment, the CAA requires
EPA to determine that the air quality improvement in the area is due to
permanent and enforceable reductions in emissions resulting from
implementation of the SIP, applicable Federal air pollution control
regulations, and other permanent and enforceable reductions (CAA
section 107(d)(3)(E)(iii)). EPA proposes to determine that Kentucky has
demonstrated that the observed air quality improvement in the Jefferson
County Area is due to permanent and enforceable reductions in
SO2 emissions resulting from implementation of the SIP,
namely SO2 control measures at Mill Creek since the
nonattainment designation.
When EPA designated the Jefferson County Area as a nonattainment
area for the 2010 1-hour SO2 NAAQS, EPA determined that
operations at Mill Creek were the primary cause of the 2010 1-hour
SO2 NAAQS violations in the Area. See 78 FR 47191.\14\ The
June 23, 2017, Jefferson County Area nonattainment SIP revision was
based on this determination and successfully reduced ambient
concentrations below the 1-hour SO2 NAAQS by only requiring
emissions reductions at Mill Creek.
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\14\ See Final Technical Support Document, July 2013, Kentucky
First Round of Nonattainment Area Designations for the 2010
SO2 Primary NAAQS, Prepared by EPA Region 4. This
document is available at Docket ID: EPA-HQ-OAR-2012-0233-0308.
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Mill Creek consists of four coal-fired boilers (U1-U4). Kentucky's
control strategy for the Jefferson County Area consists of replacing
FGD control equipment with more efficient FGD controls at Mill Creek,
addressing SO2 emissions for all four units (U1, U2, U3 and
U4). Unit 1 and Unit 2 share a common stack (S33) while Unit 3 and Unit
4 have separate stacks (S4 and S34, respectively). Unit 4's new FGD
went into service on December 9, 2014; the new combined FGD for Units 1
and 2 went into service on May 27, 2015; and Unit 3's new FGD went into
service on June 8, 2016.
Kentucky established an emission limit of 0.20 lb/MMBtu for each
coal-fired unit at Mill Creek on a 30-day average basis in accordance
with the SO2 Nonattainment Area Guidance for longer term
averaging time for the purpose of demonstrating attainment for the 1-
hour SO2 standard.\15\ These emission limits apply
independently to each of the four coal-fired units (U1 thru U4), which
emit SO2 from three separate stacks (S33, S4, and S34).
These SO2 limits were established in a revised title V
operating permit 145-97-TV(R3) for Mill Creek and became effective on
April 5, 2017. Mill Creek demonstrates compliance with the 30-day
emission limits through a continuous emission monitoring system on each
stack as well as the monitoring of the heat input firing rate of each
emission unit. The 30-day SO2 emission limit was established
to demonstrate modeled attainment of the 2010 1-hour SO2
standard for the Jefferson County nonattainment area. Kentucky
requested that EPA incorporate into the Jefferson County portion of the
Commonwealth's SIP the 30-day SO2 emission limits and
operating and compliance parameters (monitoring, recordkeeping, and
reporting) established at Plant-wide Specific condition S1-Standards,
S2-Monitoring and Record Keeping and S3-Reporting in title V permit
145-97-TV(R3). On June 28, 2019, EPA took final action to incorporate
the SO2 emission limits and operating and compliance
parameters into the SIP with the approval of Kentucky's June 23, 2017,
SO2 nonattainment SIP revision. See 84 FR 30920. The air
quality improvement in the Jefferson County Area is due to permanent
and enforceable reductions in SO2 emissions resulting from
the emission limits incorporated into the SIP.
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\15\ See section IV.B.4.ii of the proposed attainment
demonstration (83 FR 56002, November 9, 2018).
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Criterion (4)--The Jefferson County Area Has a Fully Approved
Maintenance Plan Pursuant to Section 175A of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA. See CAA section
107(d)(3)(E)(iv). In conjunction with its request to redesignate the
Jefferson County Area to attainment for the 2010 1-hour SO2
NAAQS, Kentucky submitted a SIP revision to provide for the maintenance
of the 2010 1-hour SO2 NAAQS for at least 10 years after the
effective date of redesignation to attainment. EPA is proposing to
determine that this maintenance plan meets the requirements for
approval under section 175A of the CAA.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as EPA deems necessary to assure prompt correction
of any future 2010 1-hour SO2 violations. The Calcagni
Memorandum provides further guidance on the content of a maintenance
plan, explaining that a maintenance plan should address five
requirements: The attainment emissions inventory; maintenance
demonstration; monitoring; verification of continued attainment; and a
contingency plan. As is discussed more fully below, EPA is proposing to
determine that Kentucky's maintenance plan includes all the necessary
components and is thus proposing to approve it as a revision to the
Kentucky SIP.
b. Attainment Emissions Inventory
An attainment inventory identifies a level of emissions in the Area
that is sufficient to attain the NAAQS. As discussed above, the last
monitored exceedance of the NAAQS occurred in
[[Page 29388]]
2015. Phased installation of the new FGDs at Mill Creek began in 2013
and was completed in 2016, making 2017 the first full year with all of
the new controls in operation. The design values at the Watson Lane
monitor have decreased since the 2014-2016 design value with a quality-
assured, complete, and certified 2016-2018 3-year design value of 19
ppb. In its maintenance plan, LMAPCD chose 2018 as the attainment
inventory year which is one of the three years included in the current
attaining 3-year design value. This design value reflects the permanent
and enforceable Mill Creek SO2 emission limits used in the
attainment modeling.
Actual emissions from Mill Creek are used for point source
emissions for the attainment inventory, as it is the only point source
in the Area, and the only source specifically modeled in the attainment
demonstration approved in 2019. SO2 emissions data from Mill
Creek is presented in Table 2. Kentucky interpolated emissions for all
other sectors for 2018 from the 2011 and 2014 National Emissions
Inventory (NEI) data for Jefferson County because the Commonwealth is
only required to develop these inventories on a triennial period in
accordance with the NEI and subpart A to 40 CFR part 51 and the final
2017 NEI is not yet available. The 2018 estimated emissions were then
apportioned to the Area based on the Area's fraction of land area
within the county. The complete attainment emissions inventory for the
Area is presented in Table 3.
Table 2--2018 SO2 Emissions Inventory for LG&E Mill Creek
------------------------------------------------------------------------
SO2 emissions
Unit Source (tpy)
------------------------------------------------------------------------
MC_U01............................ CEMS *.............. 681.3
MC_U02............................ CEMS................ 571.1
MC_U03............................ CEMS................ 721.1
MC_U04............................ CEMS................ 1778.6
MC_Other.......................... Calculated.......... 0.06
---------------
Total......................... .................... 3,752.16
------------------------------------------------------------------------
* Continuous Emissions Monitoring System.
Table 3--2018 Attainment Emissions Inventory for the Jefferson County Area
----------------------------------------------------------------------------------------------------------------
Source type Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
2018 SO2 Emissions (tpy)........ 3,752.16 0.46 0.01 0.28 3,752.91
----------------------------------------------------------------------------------------------------------------
For additional information regarding the development of the
attainment year inventory, please see Kentucky's June 23, 2017,
nonattainment SIP submission and EPA's rulemakings on that
submittal.\16\
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\16\ See 84 FR 30920 (June 28, 2019) (final rule), 83 FR 56002
(November 9, 2018) (proposed rule). Kentucky's 2017 SIP submittal is
included in the Docket for this proposed rulemaking.
---------------------------------------------------------------------------
c. Maintenance Demonstration
Maintenance of the SO2 standard is demonstrated either
by showing that future emissions will not exceed the level of the
attainment emissions inventory year or by modeling to show that the
future mix of sources and emission rates will not cause a violation of
the NAAQS.
To evaluate maintenance through 2032 and satisfy the 10-year
interval required in CAA section 175A, Kentucky prepared attainment
year emissions (2018) and projected emissions inventories for years
2023, 2028, and 2032. The emissions inventories are composed of the
following general source categories: Point, area, non-road mobile, and
on-road mobile. Projected point source emissions were based on Mill
Creek's 2018 attainment emissions of 3752.16 tons. Projected point
source emissions were held constant because Kentucky does not
anticipate any development within the Area and also does not anticipate
any major changes at Mill Creek. The projected emissions for area, non-
road mobile, and on-road mobile emissions are from U.S. EPA's 2011 v6.3
modeling platform and further apportioned for the Area. The emissions
inventories were developed consistent with EPA guidance and are
summarized in Table 4. Kentucky compared projected emissions for the
final year of the maintenance plan (2032) to the attainment emissions
inventory year (2018) and compared interim years (2023 & 2028) to the
attainment emissions inventory year to demonstrate continued
maintenance of the 2010 1-hour SO2 standard. For additional
information regarding the development of the projected inventories,
please see Kentucky's June 23, 2017, nonattainment SIP revision.
Table 4--Attainment & Projected Future Emissions Inventories for the Area
[tpy]
----------------------------------------------------------------------------------------------------------------
Attainment Projected 2023 Projected 2028 Projected 2032
Sector 2018 SO2 SO2 emissions SO2 emissions SO2 emissions
emissions
----------------------------------------------------------------------------------------------------------------
Nonpoint........................................ 0.46 0.38 0.37 0.38
Nonroad......................................... 0.01 0.02 0.02 0.02
Onroad.......................................... 0.28 0.09 0.08 0.09
Point........................................... 3752.16 3752.16 3752.16 3752.16
---------------------------------------------------------------
[[Page 29389]]
Total....................................... 3752.91 3752.65 3752.64 3752.65
----------------------------------------------------------------------------------------------------------------
In situations where local emissions are the primary contributor to
nonattainment, such as the Jefferson County Area, if the future
projected emissions in the nonattainment area remain at or below the
baseline emissions in the nonattainment area, then the related ambient
air quality standards should not be exceeded in the future. Kentucky
has projected emissions as described previously, and these projections
indicate that emissions in the Jefferson County Area will remain at
nearly the same levels as those in the attainment year inventory for
the duration of the maintenance plan. Any increases in actual emissions
from Mill Creek must remain below permitted levels, which were made
permanent and enforceable through incorporation into the SIP and
demonstrate attainment of the 1-hour SO2 NAAQS. Furthermore,
any potential future SO2 emissions sources that may locate
in or near the Area would be required to comply with the LMAPCD's
approved PSD permitting programs to ensure that the Area will continue
to meet the NAAQS.
As discussed in the SO2 Nonattainment Area Guidance, an
approved attainment plan that relies on air quality dispersion modeling
using maximum allowable emissions, such as Kentucky's attainment plan
for the Area, can generally be expected to demonstrate that the
standard will be maintained for the requisite 10 years and beyond
without regard to any changes in operation rate of the pertinent
sources that do not involve increases in maximum allowable
emissions.\17\ EPA believes that the Area will continue to maintain the
standard at least through the year 2032 because the air quality
modeling in the approved attainment plan showed that the Area would
attain the standard based on maximum allowable emissions limits at Mill
Creek that are incorporated into the SIP, these sources have fully
implemented the permanent and enforceable modeled limits and controls,
and the emissions reductions from these measures are reflected in the
attaining design values for the Area. Furthermore, the Watson Lane
monitoring data trends substantiate the SO2 reductions from
Mill Creek facility.
---------------------------------------------------------------------------
\17\ See SO2 Nonattainment Area Guidance at p.67.
---------------------------------------------------------------------------
d. Monitoring Network
The Watson Lane monitor (AQS ID: 21-111-0051) is the only
SO2 monitor located within the Jefferson County Area, and
the 2010 1-hour SO2 nonattainment designation was based on
data collected from 2009-2011 at this monitor. In its maintenance plan,
LMAPCD has committed to maintaining an appropriate, well-sited
monitoring network in the Area, in accordance with 40 CFR part 58,
through the maintenance plan period to verify the continued maintenance
of the 2010 SO2 NAAQS. Therefore, Kentucky has addressed the
requirement for monitoring. Kentucky's monitoring network plan was
submitted on June 28, 2019, and approved by EPA on October 3, 2019.
e. Verification of Continued Attainment
LMAPCD has the legal authority to enforce and implement all
measures necessary to attain and maintain the NAAQS. See, e.g.,
Kentucky Revised Statutes (KRS) Chapter 77 (which provides LMAPCD with
the authority to implement and enforce orders, rules, and regulations
necessary or proper to accomplish the purposes of the chapter,
including taking legal action and imposing fines for violations).
The sole point source within the nonattainment area, Mill Creek, is
required to submit annual emissions statements to LMAPCD pursuant to
LMAPCD Regulation 1.06. LMAPCD will use these statements, along with
monitoring data collected as described in the previous section, to
verify continued attainment. Monitoring data is regularly compared to
the SO2 NAAQS and reported to the Louisville Air Pollution
Control Board. LMAPCD will compare Mill Creek's annual emissions
statements with the attainment inventory and the permanent and
enforceable SO2 emissions limits for Mill Creek discussed
above. Furthermore, any potential future SO2 emissions
sources that may locate in or near the Area would be required to comply
with the LMAPCD's approved PSD permitting programs to ensure that the
Area will continue to meet the NAAQS. In addition to assuring continued
attainment in this manner, Kentucky will verify continued attainment
through operation of the monitoring network.
f. Contingency Measures in the Maintenance Plan
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. In cases
where attainment revolves around compliance of a single source or a
small set of sources with emissions limits shown to provide for
attainment, EPA interprets ``contingency measures'' to mean that the
state agency has a comprehensive program to identify sources of
violations of the SO2 NAAQS and to undertake aggressive
follow-up for compliance and enforcement, including expedited
procedures for establishing enforceable consent agreement pending the
adoption of revised SIPs.\18\ A state should also identify specific
indicators to be used to determine when the contingency measures need
to be implemented. The maintenance plan must include a requirement that
a state will implement all measures with respect to control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d).
---------------------------------------------------------------------------
\18\ See SO2 Nonattainment Area Guidance at p.69.
---------------------------------------------------------------------------
The contingency plan included in the maintenance plan contains
triggers to determine when contingency measures are needed and what
kind of measures should be used. In the event of a single monitored
exceedance of the 1-hour 75ppb SO2 NAAQS at the Watson Lane
monitor, LMAPCD will expeditiously investigate and perform culpability
analysis to determine the source that cause the exceedance and/or
violation \19\
[[Page 29390]]
and enforce any SIP or permit limit that is violated. If all sources
are found to be in compliance with applicable SIP and permit emission
limits, LMAPCD shall determine the cause of the exceedance and
determine what additional control measures are necessary to impose on
the area's stationary sources to continue to maintain attainment of the
SO2 NAAQS. LMAPCD shall inform any affected stationary
sources of the monitored SO2 exceedance and the potential
need for additional control measures. Within six months of
notification, the source must submit a detailed plan of action
specifying additional control measures to be implemented no later than
18 months after the notification, or 24 months from the initial
exceedance, whichever comes first. The additional control measures will
be submitted to EPA for approval and incorporation into the SIP. Such
measures may require that Mill Creek reduce load. Additional
contingency measures include the alternative RACT/RACM of switching to
low-sulfur fuel. LMAPCD will continue to implement all measures with
respect to the control of SO2 which were contained in the
SIP for the Area before redesignation.
---------------------------------------------------------------------------
\19\ Kentucky's contingency measure trigger accounts for a
possible exceedance or violation of the 1-hour SO2
standard. As specified in 40 CFR 50.17(b), the 1-hour primary
SO2 NAAQS is met at an ambient air quality monitoring
site when the 3-year average of the annual 99th percentile of daily
maximum 1- hour average concentrations is less than or equal to 75
ppb. In a calendar year, four days with a maximum hourly value above
75 ppb is considered an exceedance.
---------------------------------------------------------------------------
EPA has preliminarily concluded that the maintenance plan
adequately addresses the five basic components of a maintenance plan:
The attainment emissions inventory; maintenance demonstration;
monitoring; verification of continued attainment; and a contingency
plan. Therefore, EPA proposes to determine that the maintenance plan
for the Area meets the requirements of section 175A of the CAA and
proposes to incorporate the maintenance plan into the Kentucky SIP.
VI. What is the effect of EPA's proposed actions?
Approval of Kentucky's redesignation request would change the legal
designation of the portion of Jefferson County that is within the
Jefferson County Area, as found at 40 CFR part 81, section 81.310, from
nonattainment to attainment for the 2010 1-hour SO2 NAAQS.
Approval of Kentucky's associated SIP revision would also incorporate a
plan for maintaining the 2010 1-hour SO2 NAAQS in the
Jefferson County Area through 2032 into the SIP.
VII. Proposed Actions
EPA is proposing to take three separate but related actions
regarding the redesignation request and associated SIP revision for the
Jefferson County Area.
First, EPA is proposing to determine that the Area has attained the
2010 1-hour SO2 NAAQS.
Second, EPA is proposing to approve the maintenance plan for the
Area and to incorporate it into the SIP. As described above, the
maintenance plan demonstrates that the Area will continue to maintain
the 2010 1-hour SO2 NAAQS through 2032.
Third, EPA is proposing to approve Kentucky's request for
redesignation of the Area from nonattainment to attainment for the 2010
1-hour SO2 NAAQS based on compliance with the redesignation
criteria provided under CAA section 107(d)(3)(E). If finalized,
approval of the redesignation request for the Jefferson County Area
would change the official designation of the portion of Jefferson
County encompassed by the polygon with the vertices using UTM
coordinates in UTM zone 16 with datum NAD83 as follows: (1) Ethan Allen
Way extended to the Ohio River at UTM Easting (m) 595738, UTM Northing
4214086 and Dixie Highway (US60 and US31W) at UTM Easting (m) 597515,
UTM Northing 4212946; (2) Along Dixie Highway from UTM Easting (m)
597515, UTM Northing 4212946 to UTM Easting (m) 595859, UTM Northing
4210678; (3) Near the adjacent property lines of Louisville Gas and
Electric-Mill Creek Electric Generating Station and Kosmos Cement where
they join Dixie Highway at UTM Easting (m) 595859, UTM Northing 4210678
and the Ohio River at UTM Easting (m) 595326, UTM Northing 4211014; (4)
Along the Ohio River from UTM Easting (m) 595326, UTM Northing 4211014
to UTM Easting (m) 595738, UTM Northing 4214086, as found at 40 CFR
part 81, from nonattainment to attainment for the 2010 1-hour
SO2 NAAQS.
VIII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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.
Accordingly, these proposed actions merely propose to approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For these reasons,
these proposed actions:
Are not significant regulatory actions 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);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because these actions are not significant
regulatory actions under Executive Order 12866;
Do not impose information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
This redesignation action 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
[[Page 29391]]
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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping,
Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 5, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-10063 Filed 5-14-20; 8:45 am]
BILLING CODE 6560-50-P
