Air Plan Approvals; KY; Prevention of Significant Deterioration and Modeling Infrastructure Requirements for 2015 Ozone NAAQS, 54507-54509 [2020-17263]
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54507
Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Rules and Regulations
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or
nonattainment area
*
*
*
Beaumont-Port Arthur Second 10-Year Maintenance
Plan for the 1997 8-hour Ozone Standard.
*
Hardin, Jefferson and Orange Counties.
*
*
*
*
*
[FR Doc. 2020–17228 Filed 9–1–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0217; FRL–10013–
28–Region 4]
Air Plan Approvals; KY; Prevention of
Significant Deterioration and Modeling
Infrastructure Requirements for 2015
Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of the Kentucky
infrastructure State Implementation
Plan (SIP) submission for the 2015 8hour ozone National Ambient Air
Quality Standards (NAAQS) submitted
to EPA in a letter dated January 11,
2019. Whenever EPA promulgates a new
or revised NAAQS, the Clean Air Act
(CAA or Act) requires that each state
adopt and submit a SIP submission to
establish that the state’s SIP meets
infrastructure requirements for the
implementation, maintenance, and
enforcement of each such NAAQS.
Specifically, EPA is taking final action
to approve portions of the Kentucky
infrastructure SIP submission that
address the prevention of significant
deterioration (PSD) and modeling
requirements for the 2015 8-hour ozone
NAAQS.
DATES: This rule is effective October 2,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0217. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
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SUMMARY:
VerDate Sep<11>2014
16:51 Sep 01, 2020
Jkt 250001
State
submittal/
effective
date
*
2/5/2019
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials can
either be retrieved electronically via
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, 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.
The telephone number is (404) 562–
8966. Mr. Febres can also be reached via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On October 1, 2015, EPA promulgated
revised primary and secondary NAAQS
for ozone, revising the 8-hour ozone
standards from 0.075 parts per million
(ppm) to a new more protective level of
0.070 ppm. See 80 FR 65292 (October
26, 2015). Pursuant to section 110(a)(1)
of the CAA, states are required to submit
SIP revisions meeting the applicable
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP elements such as
requirements for monitoring, basic
program requirements, and legal
authority that are designed to assure
attainment and maintenance of the
NAAQS. This particular type of SIP is
commonly referred to as an
‘‘infrastructure SIP.’’ States were
required to submit such SIP revisions
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EPA approval date
*
9/2/2020, [Insert Federal
Register citation].
Comments
*
for the 2015 8-hour ozone NAAQS to
EPA no later than October 1, 2018.1
As explained in a notice of proposed
rulemaking (NPRM) published on July
6, 2020 (85 FR 40165), Kentucky cites to
several regulations 2 to demonstrate that
their respective SIPs meet the PSDrelated requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong
3),3 110(a)(2)(J), and 110(a)(2)(K). In
addition to the regulations approved
into the SIP, a state may also rely on
EPA’s January 17, 2017 (82 FR 5182),
final rulemaking entitled, ‘‘Revisions to
the Guideline on Air Quality Models:
Enhancements to the AERMOD
Dispersion Modeling System and
Incorporation of Approaches To
Address Ozone and Fine Particulate
Matter’’ (also referred to as the 2017
Guideline) 4 to satisfy the modeling
requirements of Section 110(a)(2)(K). On
February 4, 2020, the Commonwealth of
Kentucky submitted a letter to EPA to
demonstrate that its existing SIPapproved regulations provide the state
with the authority to integrate and
implement the requirements and
recommendations of the current version
of EPA’s 2017 Guideline. In its February
4, 2020, letter, the Commonwealth
clarified that, pursuant to 401 KAR
50:040 and 401 KAR 51:017, the
Commonwealth has the authority to use
1 In infrastructure SIP submissions, states
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the SIP. In
addition, certain federally-approved, non-SIP
regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1)
and (2).
2 Kentucky’s January 11, 2019, infrastructure SIP
submission cites several SIP-approved regulations
under Chapters 50 and 51, including the following:
401 KAR 51:010,1 Attainment status designations;
401 KAR 51:017, Prevention of significant
deterioration of air quality; and 401 KAR 50:040,
Air quality models, to meet the PSD program
requirements of sections
110(a)(2)(C),110(a)(2)(D)(i)(II) (Prong 3), 110(a)(2)(J),
and 110(a)(2)(K).
3 Section 110(a)(2)(D)(i)(II) contains a provision
that prohibits emissions activity in one state from
interfering with measures required to prevent
significant deterioration of air quality in another
state, which is commonly referred to as ‘‘prong 3.’’
4 EPA’s Guideline on Air Quality Models is
codified at 40 CFR part 51, Appendix W and is
generically referred to as Guideline herein.
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Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Rules and Regulations
alternative modeling, and that modeling
based on the Guideline, as published on
January 17, 2017, is the most
appropriate.5
EPA has evaluated Kentucky’s
January 11, 2019, submittal 6 and the
February 4, 2020, letter and is making
the determination that Kentucky has
demonstrated that it has the authority to
use the 2017 Guideline, and notes that
the February 4, 2020, letter includes KY
DAQ’s determination that the 2017
Guideline is most appropriate for use.
Accordingly, EPA is taking final action
to approve Kentucky’s use of the 2017
Guideline as outlined in KY DAQ’s
February 4, 2020, letter and making a
finding that Kentucky’s infrastructure
SIP submission demonstrates that new
major sources and major modifications
in areas of the Commonwealth
designated attainment or unclassifiable
for the specified NAAQS are subject to
a federally-approved PSD permitting
program meeting all the current
structural requirements of part C of title
I of the CAA to satisfy the infrastructure
SIP PSD elements. EPA also concludes
that Kentucky’s infrastructure SIP
submission, supplemented with the
February 4, 2020, letter, meets the
requirements of 110(a)(2)(C) for the
infrastructure requirements for the 2015
8-hour ozone NAAQS.
In the NPRM published on July 6,
2020, EPA proposed approval of
Kentucky’s infrastructure submission
provided on January 11, 2019, for the
applicable infrastructure SIP
requirements of the 2015 8-hour ozone
NAAQS. The NPRM provides additional
detail regarding the background and
rationale for EPA’s action. Comments on
the NPRM were due on or before July
27, 2020. EPA did not receive any
comments during the comment period.
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II. Final Action
EPA is taking final action to approve
the portions of Kentucky’s January 11,
2019, 2015 8-hour ozone infrastructure
SIP submission that address the PSDrelated requirements of CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3),
and 110(a)(2)(J), and modeling
requirements related to CAA section
5 See February 4, 2020, letter ‘‘RE: Clarification of
the use of Appendix W within Kentucky’s 2015 8hour Ozone Infrastructure SIP submittal’’ from
Melissa Duff, Director of Division of Air Quality for
Kentucky Energy and Environment Cabinet,
Department of Environmental Protection to Mary S.
Walker, Regional Administrator for U.S.
Environmental Protection Agency, Region 4. The
February 4, 2020, letter is in the docket for this
proposed rulemaking.
6 The Commonwealth of Kentucky submitted its
infrastructure submission through the State
Planning Electronic Collaboration System on
January 9, 2019; however, the cover letter of the
submittal is dated January 11, 2019.
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110(a)(2)(K). All other outstanding
applicable infrastructure requirements
for this SIP submission have been or
will be addressed in separate
rulemakings.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. These actions merely approve
state law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these 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 SIP approvals are
exempted under Executive Order 12866;
• Do not impose an information
collection burden 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
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an 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
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
PO 00000
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIPs subject to these actions are
not approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 2, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
Matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 31, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
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Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Requirements for the 2015 8-Hour
Ozone NAAQS’’ at the end of the table
to read as follows:
Subpart S—Kentucky
2. In § 52.920 amend the table in
paragraph (e) by adding an entry for
‘‘110(a)(1) and (2) Infrastructure
■
1. The authority citation for part 52
continues to read as follows:
■
54509
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2015 8Hour Ozone NAAQS.
*
Kentucky ...........................
[FR Doc. 2020–17263 Filed 9–1–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0412; FRL–10011–
59–Region 10]
Determination of Failure To Attain by
the Attainment Date and Denial of
Serious Area Attainment Date
Extension Request; AK: Fairbanks
North Star Borough 2006 24-Hour Fine
Particulate Matter Serious
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the
determination that the Fairbanks North
Star Borough nonattainment area failed
to attain the 2006 24-hour fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS) by the December 31, 2019
‘‘Serious’’ area attainment date. This
determination is based on complete,
quality-assured and certified PM2.5
monitoring data for 2017 through 2019.
The EPA is also finalizing the denial of
the State’s request for an extension of
the Serious area attainment date for the
Fairbanks North Star Borough
nonattainment area. Based on this final
action, the State will be subject to
further statutory and regulatory
requirements for this area, including a
new State Implementation Plan (SIP)
submission meeting additional
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SUMMARY:
VerDate Sep<11>2014
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Jkt 250001
State submittal
date/effective
date
*
1/11/2019
EPA approval date
Explanations
*
9/2/2020, [Insert citation of
publication].
*
*
Addressing PSD provisions related to major sources under
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3),
and 110(a)(2)(J), and air quality modeling under section
110(a)(2)(K).
requirements that the State must submit
by December 31, 2020.
DATES: The final rule is effective
October 2, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2019–0412. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Matthew Jentgen at (206) 553–0340, or
jentgen.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Order Reviews
I. Background Information
On May 19, 2020, the EPA proposed
to determine that the Fairbanks North
Star Borough PM2.5 nonattainment area
(Fairbanks PM2.5 Nonattainment Area)
failed to attain the 2006 24-hour PM2.5
NAAQS by the December 31, 2019,
Serious area attainment date (85 FR
PO 00000
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29879). The EPA also proposed to deny
the State’s request for an extension of
the Serious area attainment date for the
Fairbanks PM2.5 Nonattainment Area.
The reasons for our proposed actions
were included in the notice of proposed
rulemaking and will not be restated
here. The public comment period for
our proposed action ended on June 18,
2020.
The EPA received three comments on
the proposed actions. Two comments
were supportive of the actions as
proposed. These comments also raised
additional issues related to air quality
planning and monitoring in the
Fairbanks North Star Borough. These
issues are beyond the scope of the
proposed actions. The EPA notes that,
as a result of failing to attain the
NAAQS by the Serious area attainment
date, the State is required to submit a
revised nonattainment plan that meets
the requirements of CAA Section 189(d)
by December 31, 2020. The public will
have the opportunity to comment on
these plan revisions.
The final comment the EPA received
was clearly not related to these actions
and thus not adverse to these actions.
The comment lacked the required
specificity to the proposed actions and
did not recommend a different action
than the one proposed. Therefore, the
EPA is finalizing the actions as
proposed.
II. Final Action
Pursuant to CAA section 179(c)(1), the
EPA is making a final determination
that the Fairbanks PM2.5 Nonattainment
Area did not attain the NAAQS by the
applicable outermost Serious area
attainment date of December 31, 2019,
in accordance with CAA section
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]]>Agencies
[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54507-54509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17263]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0217; FRL-10013-28-Region 4]
Air Plan Approvals; KY; Prevention of Significant Deterioration
and Modeling Infrastructure Requirements for 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of the Kentucky infrastructure State
Implementation Plan (SIP) submission for the 2015 8-hour ozone National
Ambient Air Quality Standards (NAAQS) submitted to EPA in a letter
dated January 11, 2019. Whenever EPA promulgates a new or revised
NAAQS, the Clean Air Act (CAA or Act) requires that each state adopt
and submit a SIP submission to establish that the state's SIP meets
infrastructure requirements for the implementation, maintenance, and
enforcement of each such NAAQS. Specifically, EPA is taking final
action to approve portions of the Kentucky infrastructure SIP
submission that address the prevention of significant deterioration
(PSD) and modeling requirements for the 2015 8-hour ozone NAAQS.
DATES: This rule is effective October 2, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0217. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials can either
be retrieved electronically via www.regulations.gov or in hard copy at
the Air Regulatory Management Section, Air Planning and Implementation
Branch, Air and Radiation Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
EPA requests that if at all possible, you contact the person listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On October 1, 2015, EPA promulgated revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP revisions meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires states to address basic SIP
elements such as requirements for monitoring, basic program
requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS. This particular type of SIP is
commonly referred to as an ``infrastructure SIP.'' States were required
to submit such SIP revisions for the 2015 8-hour ozone NAAQS to EPA no
later than October 1, 2018.\1\
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\1\ In infrastructure SIP submissions, states generally certify
evidence of compliance with sections 110(a)(1) and (2) of the CAA
through a combination of state regulations and statutes, some of
which have been incorporated into the SIP. In addition, certain
federally-approved, non-SIP regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1) and (2).
---------------------------------------------------------------------------
As explained in a notice of proposed rulemaking (NPRM) published on
July 6, 2020 (85 FR 40165), Kentucky cites to several regulations \2\
to demonstrate that their respective SIPs meet the PSD-related
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong
3),\3\ 110(a)(2)(J), and 110(a)(2)(K). In addition to the regulations
approved into the SIP, a state may also rely on EPA's January 17, 2017
(82 FR 5182), final rulemaking entitled, ``Revisions to the Guideline
on Air Quality Models: Enhancements to the AERMOD Dispersion Modeling
System and Incorporation of Approaches To Address Ozone and Fine
Particulate Matter'' (also referred to as the 2017 Guideline) \4\ to
satisfy the modeling requirements of Section 110(a)(2)(K). On February
4, 2020, the Commonwealth of Kentucky submitted a letter to EPA to
demonstrate that its existing SIP-approved regulations provide the
state with the authority to integrate and implement the requirements
and recommendations of the current version of EPA's 2017 Guideline. In
its February 4, 2020, letter, the Commonwealth clarified that, pursuant
to 401 KAR 50:040 and 401 KAR 51:017, the Commonwealth has the
authority to use
[[Page 54508]]
alternative modeling, and that modeling based on the Guideline, as
published on January 17, 2017, is the most appropriate.\5\
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\2\ Kentucky's January 11, 2019, infrastructure SIP submission
cites several SIP-approved regulations under Chapters 50 and 51,
including the following: 401 KAR 51:010,1 Attainment status
designations; 401 KAR 51:017, Prevention of significant
deterioration of air quality; and 401 KAR 50:040, Air quality
models, to meet the PSD program requirements of sections
110(a)(2)(C),110(a)(2)(D)(i)(II) (Prong 3), 110(a)(2)(J), and
110(a)(2)(K).
\3\ Section 110(a)(2)(D)(i)(II) contains a provision that
prohibits emissions activity in one state from interfering with
measures required to prevent significant deterioration of air
quality in another state, which is commonly referred to as ``prong
3.''
\4\ EPA's Guideline on Air Quality Models is codified at 40 CFR
part 51, Appendix W and is generically referred to as Guideline
herein.
\5\ See February 4, 2020, letter ``RE: Clarification of the use
of Appendix W within Kentucky's 2015 8-hour Ozone Infrastructure SIP
submittal'' from Melissa Duff, Director of Division of Air Quality
for Kentucky Energy and Environment Cabinet, Department of
Environmental Protection to Mary S. Walker, Regional Administrator
for U.S. Environmental Protection Agency, Region 4. The February 4,
2020, letter is in the docket for this proposed rulemaking.
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EPA has evaluated Kentucky's January 11, 2019, submittal \6\ and
the February 4, 2020, letter and is making the determination that
Kentucky has demonstrated that it has the authority to use the 2017
Guideline, and notes that the February 4, 2020, letter includes KY
DAQ's determination that the 2017 Guideline is most appropriate for
use. Accordingly, EPA is taking final action to approve Kentucky's use
of the 2017 Guideline as outlined in KY DAQ's February 4, 2020, letter
and making a finding that Kentucky's infrastructure SIP submission
demonstrates that new major sources and major modifications in areas of
the Commonwealth designated attainment or unclassifiable for the
specified NAAQS are subject to a federally-approved PSD permitting
program meeting all the current structural requirements of part C of
title I of the CAA to satisfy the infrastructure SIP PSD elements. EPA
also concludes that Kentucky's infrastructure SIP submission,
supplemented with the February 4, 2020, letter, meets the requirements
of 110(a)(2)(C) for the infrastructure requirements for the 2015 8-hour
ozone NAAQS.
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\6\ The Commonwealth of Kentucky submitted its infrastructure
submission through the State Planning Electronic Collaboration
System on January 9, 2019; however, the cover letter of the
submittal is dated January 11, 2019.
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In the NPRM published on July 6, 2020, EPA proposed approval of
Kentucky's infrastructure submission provided on January 11, 2019, for
the applicable infrastructure SIP requirements of the 2015 8-hour ozone
NAAQS. The NPRM provides additional detail regarding the background and
rationale for EPA's action. Comments on the NPRM were due on or before
July 27, 2020. EPA did not receive any comments during the comment
period.
II. Final Action
EPA is taking final action to approve the portions of Kentucky's
January 11, 2019, 2015 8-hour ozone infrastructure SIP submission that
address the PSD-related requirements of CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J), and modeling
requirements related to CAA section 110(a)(2)(K). All other outstanding
applicable infrastructure requirements for this SIP submission have
been or will be addressed in separate rulemakings.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these 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 SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden 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 mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an 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
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIPs subject to these actions are not approved to apply on any
Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 2, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate Matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: July 31, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
[[Page 54509]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. In Sec. 52.920 amend the table in paragraph (e) by adding an entry
for ``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour
Ozone NAAQS'' at the end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Kentucky........... 1/11/2019 9/2/2020, [Insert Addressing PSD
Requirements for the 2015 8-Hour citation of provisions related
Ozone NAAQS. publication]. to major sources
under sections
110(a)(2)(C),
110(a)(2)(D)(i)(II
) (prong 3), and
110(a)(2)(J), and
air quality
modeling under
section
110(a)(2)(K).
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[FR Doc. 2020-17263 Filed 9-1-20; 8:45 am]
BILLING CODE 6560-50-P
