Air Plan Approval; KY; Jefferson County Emissions Statements Requirements for the 2015 8-Hour Ozone Standard Nonattainment Area, 2101-2104 [2022-00027]

Download as PDF Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules not itself directly regulate any small entities. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate of $100 million or more, as described in UMRA (2 U.S.C. 1531–1538) and does not significantly or uniquely affect small governments. This action itself imposes no enforceable duty on any state, local, or tribal governments, or the private sector. This action proposes to determine that the Sullivan County Area failed to attain the NAAQS by the applicable attainment date. If finalized, this determination would trigger existing statutory timeframes for the State to submit SIP revisions. Such a determination in and of itself does not impose any federal intergovernmental mandate. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. jspears on DSK121TN23PROD with PROPOSALS1 F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. The proposed finding of failure to attain SO2 NAAQS does not apply to tribal areas, and the proposed rule would not impose a burden on Indian reservation lands or other areas where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Thus, this proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This proposed action is not subject to Executive Order 13045 because the effect of this proposed action, if finalized, would be to trigger additional planning requirements under VerDate Sep<11>2014 17:38 Jan 12, 2022 Jkt 256001 the CAA. This proposed action does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The effect of this proposed action, if finalized, would be to trigger additional planning requirements under the CAA. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Pollution, Sulfur dioxide. Authority: 42 U.S.C. 7401 et seq. Dated: December 29, 2021. Daniel Blackman, Regional Administrator, Region 4. [FR Doc. 2022–00028 Filed 1–12–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2020–0446; FRL–9398–01– R4] Air Plan Approval; KY; Jefferson County Emissions Statements Requirements for the 2015 8-Hour Ozone Standard Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Jefferson County portion of the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky through the Kentucky Division for Air Quality SUMMARY: PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 2101 (KDAQ) to EPA on August 12, 2020. The proposed revision was submitted by KDAQ on behalf of the Louisville Metro Air Pollution Control District (LMAPCD) to address the emissions statement requirements for the 2015 8hour ozone national ambient air quality standards (NAAQS) for the Jefferson County portion of the Louisville, Kentucky 2015 8-hour ozone nonattainment area (hereinafter referred to as ‘‘Jefferson County’’). Jefferson County is part of the Kentucky portion of the Louisville, Kentucky-Indiana 2015 8-hour ozone nonattainment area (hereinafter referred to as ‘‘the Louisville, KY Area’’) which is comprised of Bullitt, Jefferson, and Oldham Counties in Kentucky. EPA will consider the emissions statement requirements for the Bullitt and Oldham County portions of the Louisville, KY Area in a separate action. This action is being proposed pursuant to the Clean Air Act (CAA or Act). DATES: Comments must be received on or before February 14, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2020–0446 at 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 www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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– 9088. Ms. Bell can also be reached via electronic mail at bell.tiereny@epa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\13JAP1.SGM 13JAP1 2102 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules I. Background jspears on DSK121TN23PROD with PROPOSALS1 On October 26, 2015, EPA promulgated revised 8-hour primary and secondary ozone NAAQS, strengthening both from 0.075 parts per million (ppm) to 0.070 ppm (the 2015 8hour ozone NAAQS). See 80 FR 65292. The 2015 8-hour ozone NAAQS is set at 0.070 ppm based on an annual fourthhighest daily maximum 8-hour average concentration averaged over three years. Under EPA’s regulations at 40 CFR part 50, the 2015 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8hour average ambient air quality ozone concentration is less than or equal to 0.070 ppm. See 40 CFR 50.19. Ambient air quality monitoring data for the 3year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percentage of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined using Appendix U of part 50. Upon promulgation of a new or revised ozone NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS based on the three most recent years of ambient air quality data at the conclusion of the designation process. On April 30, 2018 (effective August 3, 2018), EPA designated a 5county area in the Louisville metropolitan area, including Jefferson County, as a marginal ozone nonattainment area for the 2015 8-hour ozone NAAQS using 2014–2016 ambient air quality data.1 See 83 FR 25776 (June 4, 2018). On December 6, 2018, EPA finalized a rule titled ‘‘Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan Requirements’’ (SIP Requirements Rule) that establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2015 8-hour ozone NAAQS.2 See 83 FR 62998 1 The Louisville, KY–IN nonattainment area for the 2015 8-hour ozone standard consists of the following counties: Bullitt County, Jefferson County and Oldham County in Kentucky and Clark County and Floyd County in Indiana. 2 The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2015 8-hour ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress, reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and VerDate Sep<11>2014 17:38 Jan 12, 2022 Jkt 256001 (December 6, 2018); 40 CFR part 51, subpart CC. This rule establishes nonattainment area attainment dates based on Table 1 of section 181(a) of the CAA, including an attainment date of August 3, 2021, three years after the August 3, 2018, designation effective date, for areas classified as marginal for the 2015 8-hour ozone NAAQS. Ground level ozone is not emitted directly into the air but is created by chemical reactions between oxides of nitrogen (NOX) and volatile organic compounds (VOC) in the presence of sunlight. Emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOX and VOC. Section 182(a)(3)(B) of the CAA requires states with ozone nonattainment areas to submit a SIP revision requiring annual emissions statements to be submitted to the state by the owner or operator of each NOX and VOC stationary source. However, a state may waive the emissions statement requirement for any class or category of stationary sources which emit less than 25 tons per year (tpy) of VOC or NOX if the state provides an inventory of emissions as required by CAA section 182 that accounts for emissions from those sources. See CAA section 182(a)(3)(B)(ii). The first statement is due three years from the area’s nonattainment designation, and subsequent statements are due at least annually thereafter. Based on the nonattainment designation, Kentucky was required to develop a SIP revision satisfying, among other things, CAA section 182(a)(3)(B). On August 12, 2020,3 LMAPCD submitted a SIP revision addressing the emissions statement requirements related to the 2015 8-hour ozone NAAQS for Jefferson County. EPA is proposing to approve the August 12, 2020, SIP submittal as meeting the requirements of section 182(a)(3)(B) of the CAA and associated federal regulations. EPA’s analysis of the SIP revision and how it addresses the emissions statement requirements is discussed in the next section of this notice. II. Analysis of the Commonwealth’s Submittal As discussed above, section 182(a)(3)(B) of the CAA requires states to submit a SIP revision requiring the owner or operator of each NOX and VOC the timing of SIP submissions and compliance with emission control measures in the SIP. 3 LMAPCD’s transmittal letter for the August 12, 2020, SIP revision was dated August 11, 2020, and submitted to EPA on August 12, 2020. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 stationary source located in an ozone nonattainment area to submit to the state annual emissions statements. The first statement is due three years from the area’s nonattainment designation, and subsequent statements are due at least annually thereafter. The August 12, 2020, SIP submission 4 contains a version of Regulation 1.06 adopted by LMAPCD on May 20, 2020 (referred to as ‘‘Version 10’’ by LMAPCD). The SIP revision requests that EPA incorporate Version 10 of Regulation 1.06 into the SIP, with the exception of Section 5 and references to Section 5,5 to replace Version 9. Excluding changes to Section 5 and references to Section 5 of Regulation 1.06, Version 10 revises Version 9 by making typographical changes to the title and the ‘‘Necessity and Function’’ section of Regulation 1.06; changing of the title of Section 3 to ‘‘Requirements for Emissions Statements’’; renumbering a portion of subsection 3.2.7 to subsection 3.3 and changing the newly renumbered subsection 3.3 by replacing references to Sections 4 and 5 with ‘‘in emissions statements’’; renumbering subsection 3.3 to subsection 3.4 and adding ‘‘The District may require such additional information be submitted as necessary.’’; renumbering subsection 3.4 to subsection 3.5 and revising the new subsection 3.5 to add that data required by Section 6 shall also be submitted on LMAPCD approved forms in addition to data required by Section 4; renumbering 3.5 to subsection 3.6; revising subsection 4.3 by changing a reference to Section 6 to Section 7 due to a renumbering of those sections later in the regulation; insertion of a new Section 6 titled, ‘‘Emissions Statements for Ozone Precursors,’’ including the addition of subsection 6.1 to read: ‘‘On or before April 15 of each year, all stationary sources of oxides of nitrogen or volatile organic compounds shall submit to the District a statement of actual emissions of those compounds.’’; the addition of subsection 6.2 to read: ‘‘Exemptions from this section:’’; the addition of subsection 6.2.1 to read: ‘‘Facilities with less than 25 tons per year of plant-wide actual volatile organic compounds or oxides of nitrogen emissions are exempted from 4 In the SIP revision, Kentucky states that Version 10 of Regulation 1.06, Stationary Source SelfMonitoring, Emissions Inventory Development, and Reporting, satisfies the requirements of CAA section 182(a)(3)(B) for Jefferson County. 5 EPA incorporated all of Version 9, except for Section 5—Emissions Statements for Toxic Air Contaminants and any reference to Section 5 located in Section 3, into the SIP on August 28, 2017. See 82 FR 40701. E:\FR\FM\13JAP1.SGM 13JAP1 jspears on DSK121TN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules this requirement, unless emissions of the other are at or above 25 tons per year.6 The District may require sources claiming this exemption to provide adequate information to verify actual emissions for the previous year.’’; the addition of 6.2.2 to read: ‘‘The District may waive this requirement for sources located in an area designated as attainment or maintenance by U.S. EPA for all National Ambient Air Quality Standards (NAAQS) for ozone.’’; the addition of subsection 6.3 to read: ‘‘The emission statements submitted by the source to the District shall contain (at a minimum) all information required by Section 3 of this Regulation. The Emissions Statement submitted under Section 4 may be used to satisfy the requirements of this section.’’; renumbering the former Section 6 to Section 7; and changing the new Section 7 to state that the required formal certification by a responsible official is defined in Regulation 1.02 instead of 2.16. As requested by LMAPCD, EPA is not acting on Section 5 or on the references to Section 5. EPA has preliminarily determined that the changes to Regulation 1.06 in the August 12, 2020, SIP revision are consistent with the CAA. Aside from the addition of Section 6, the changes correct typographical errors, clarify the rule, and expand the scope of the rule. The addition of Section 6 modifies the emissions threshold for sources to submit annual emissions statements for ozone precursors to LMAPCD and is approvable for the reasons discussed below. As allowed by CAA section 182(a)(3)(B)(ii), LMAPCD waived the emissions statement requirements for stationary sources emitting less than 25 tpy of NOX or VOC. CAA section 182(a)(3)(B)(ii) allows a state to waive the application of emissions statements requirements to any class or category of stationary sources which emit less than 25 tons per year of VOC or NOX if the state, in its submissions under section 182(a)(1) or 182(a)(3)(A),7 provides an inventory of emissions from such class or category of sources, based on the use of the emission factors established by the Administrator or other methods acceptable to the Administrator. Pursuant to CAA section 182(a)(3)(A), Kentucky is required to submit a revised inventory meeting the requirements of 6 On page 28 of the August 12, 2020 KDAQ submittal, Kentucky clarifies the meaning of section 6.2.1 by stating ‘‘Combined emissions exceeding 25 tpy do not prevent a source from being exempt, so long as actual emissions of neither pollutant when taken alone exceeds 25 tpy’’. 7 CAA section 182(a)(3)(A) contains a triennial emissions inventory requirement. VerDate Sep<11>2014 17:38 Jan 12, 2022 Jkt 256001 section 182(a)(1) at the end of each 3year period after submission of the inventory under section 182(a)(1) until the Louisville, KY Area is redesignated to attainment. CAA section 182(a)(1) requires the submission of a comprehensive, accurate, current inventory of actual emissions from all sources, as described in CAA section 172(c)(3), in accordance with guidance provided by EPA.8 To comply with CAA section 182(a)(3)(A)’s requirement to submit periodic emissions inventories, LMAPCD submits NOX and VOC emissions data to EPA’s National Emissions Inventory (NEI) 9 consistent with 83 FR 62998, ‘‘Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan Requirements,’’ and 40 CFR 51.1315. That emissions data includes small stationary sources (namely, those emitting less than 25 tpy of NOX or VOC) in accordance with CAA section 182(a)(3)(B)(ii). For the reasons discussed above, EPA has preliminarily determined that Jefferson County’s emissions statement regulation meets the requirements of the CAA, including section 182(a)(3)(B) and the SIP Requirements Rule for the 2015 8-hour ozone NAAQS for the Jefferson County portion of the Louisville, Kentucky-Indiana Area. III. Incorporation by Reference In this document, EPA is proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Louisville Metro Air Pollution Control District Regulation 1.06—Stationary Source Self-Monitoring, Emissions Inventory Development, and Reporting, Version 10, District effective on May 20, 2020, with the exception of Section 5 and any references to Section 5. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at EPA Region 4 office (please contact the person identified in the For FURTHER INFORMATION CONTACT section of this preamble for more information). 8 CAA section 172(c)(3) states, ‘‘Such plan provisions shall include a comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutant or pollutants in such area including such periodic revisions as the Administrator may determine necessary to assure that the requirements of this part are met.’’ 9 To access EPA’s NEI, please visit: U.S. EPA, National Emissions Inventory (NEI), https:// www.epa.gov/air-emissions-inventories/nationalemissions-inventory-nei. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 2103 IV. Proposed Action EPA is proposing to approve Kentucky’s August 12, 2020, SIP revision as discussed in Section II, above. If this proposal is finalized, the text of Jefferson County Regulation 1.06 in the SIP will reflect the version of the rule effective on May 20, 2020 (Version 10) with the exception of Section 5 and any references to Section 5. EPA proposes to find that the Commonwealth’s submission meets the requirements of sections 110 and 182 of the CAA. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the 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 they meet the criteria of the CAA. This action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and E:\FR\FM\13JAP1.SGM 13JAP1 2104 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 29, 2021. Daniel Blackman, Regional Administrator, Region 4. [FR Doc. 2022–00027 Filed 1–12–22; 8:45 am] BILLING CODE 6560–50–P AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Chapter 7 RIN 0412–AA98 U.S. Agency for International Development Acquisition Regulation (AIDAR): Revised and Expanded Fringe Benefits for U.S. Personal Services Contracts With Individuals U.S. Agency for International Development. ACTION: Proposed rule. AGENCY: The U.S. Agency for International Development (USAID) seeks public comment on a proposed rule to revise AIDAR in order to expand fringe benefits for personal services contracts with individuals who are U.S. nationals (USPSCs). Specifically, this rulemaking will provide a paid parental leave benefit comparable to what is available to USAID’s U.S. direct-hire employees and provide a relocation expense reimbursement similar to the benefit provided to USAID’s direct-hire Foreign Service Officer (FSO) employees. jspears on DSK121TN23PROD with PROPOSALS1 SUMMARY: Comments must be received no later than March 14, 2022. DATES: VerDate Sep<11>2014 17:38 Jan 12, 2022 Jkt 256001 Address all comments concerning this proposed rule, identified by title of the action and Regulatory Information Number (RIN), through the Federal eRulemaking Portal at https://www.regulations.gov by following the instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Richard E. Spencer, Procurement Analyst, by phone at 202–916–2629 or via email at policymailbox@usaid.gov for clarification of content or information pertaining to status or publication schedules. Communications regarding this rule must cite the rule title and its Regulatory Information Number (RIN). SUPPLEMENTARY INFORMATION: ADDRESSES: I. Submission Instructions Comments on this proposed rule must be in writing and submitted by the method specified in the ADDRESSES section above. Comment submissions must include the title and RIN of this proposed rule. Please include your name, title, organization, postal address, telephone number, and email address in the text of the message. All comments will be made available for public review at https:// www.regulations.gov without changes, including the identifying information of the commenter, if provided. We recommend that commenters do not submit information that is considered confidential business information (CBI) or any information that is otherwise protected from disclosure by statute. USAID will only address substantive comments on the rule that are relevant and within the scope of the proposed rule. II. Background USAID relies heavily on the USPSC mechanism to advance its foreign assistance mission and mandate. Approximately ten percent of USAID’s total workforce is USPSCs, of which about half perform under contracts where the place of performance is a USAID cooperating country abroad. The PSC Association, an Agency employee resource group representing USAID USPSCs, raised concerns to USAID’s leadership about the equity of fringe benefits between U.S. direct-hire employees (USDH) and USPSCs. As a result, USAID has determined, as a matter of policy, to revise the AIDAR to provide the following changes as part of the Agency’s standard USPSC fringe benefits package. A. Paid Parental Leave On December 20, 2019, the President signed the National Defense PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Authorization Act (NDAA) for Fiscal Year 2020, which includes the provisions of the new Federal Employee Paid Leave Act (FEPLA), making paid parental leave available to certain categories of Federal civilian employees. (Pub. L. 116–92.) FEPLA amended the Family and Medical Leave Act (FMLA) provisions in Title 5, United States Code (U.S.C.) to provide up to 12 weeks of paid parental leave to covered Federal employees in connection with the birth or placement (for adoption or foster care) of a child occurring on or after October 1, 2020. Paid parental leave granted in connection with a qualifying birth or placement under FEPLA is substituted for unpaid FMLA leave and is available during the 12-month period following the birth or placement. This particular benefit does not apply to contractors, including personal service contractors, of Federal agencies. The Department of State (DoS) recently revised its policies in the Foreign Affairs Manual (3 FAM 9116) to authorize, as a matter of policy, paid parental leave for its USPSCs based on Title 1 of the Family Medical Leave Act (28 U.S.C. 2601). In USAID’s meetings with the PSC Association earlier this year, Agency leadership indicated its intention to pursue several improvements to benefits for USPSCs, including paid parental leave. On October 1, 2021, the USAID Administrator approved, as a matter of Agency policy, the provision of a similar paid parental leave benefit for USAID USPSCs to serve as an indicator of the Agency’s commitment to equity for USPSCs. Eligible USPSCs may be granted up to 12 workweeks (using the term ‘‘workweek’’ as described in appendix D, section 12, clause 4) of paid parental leave in connection with the birth of a child, or a new placement of a child for adoption or foster care, for which the USPSC assumes a parental role. USAID’s paid parental leave benefit for its USPSCs is based on (1) the paid parental leave benefit provided to certain categories of Federal civilian employees under the FEPLA, and (2) the paid parental leave benefit policy that the Department of State (DoS) recently approved for its American personal service contractors. B. Relocation Expense Benefit In its discussions with the Agency, the PSC Association raised a concern that ‘‘USPSCs are not eligible for the Foreign-Transfer Allowance (FTA) and Home-Service Transfer Allowances (HSTA) and yet incur the same costs as Foreign Service Officers (FSOs) when moving from one post of assignment to another.’’ The PSC Association E:\FR\FM\13JAP1.SGM 13JAP1

Agencies

[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Proposed Rules]
[Pages 2101-2104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00027]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0446; FRL-9398-01-R4]


Air Plan Approval; KY; Jefferson County Emissions Statements 
Requirements for the 2015 8-Hour Ozone Standard Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Jefferson County portion of the Kentucky 
State Implementation Plan (SIP) submitted by the Commonwealth of 
Kentucky through the Kentucky Division for Air Quality (KDAQ) to EPA on 
August 12, 2020. The proposed revision was submitted by KDAQ on behalf 
of the Louisville Metro Air Pollution Control District (LMAPCD) to 
address the emissions statement requirements for the 2015 8-hour ozone 
national ambient air quality standards (NAAQS) for the Jefferson County 
portion of the Louisville, Kentucky 2015 8-hour ozone nonattainment 
area (hereinafter referred to as ``Jefferson County''). Jefferson 
County is part of the Kentucky portion of the Louisville, Kentucky-
Indiana 2015 8-hour ozone nonattainment area (hereinafter referred to 
as ``the Louisville, KY Area'') which is comprised of Bullitt, 
Jefferson, and Oldham Counties in Kentucky. EPA will consider the 
emissions statement requirements for the Bullitt and Oldham County 
portions of the Louisville, KY Area in a separate action. This action 
is being proposed pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before February 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0446 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 2102]]

I. Background

    On October 26, 2015, EPA promulgated revised 8-hour primary and 
secondary ozone NAAQS, strengthening both from 0.075 parts per million 
(ppm) to 0.070 ppm (the 2015 8-hour ozone NAAQS). See 80 FR 65292. The 
2015 8-hour ozone NAAQS is set at 0.070 ppm based on an annual fourth-
highest daily maximum 8-hour average concentration averaged over three 
years. Under EPA's regulations at 40 CFR part 50, the 2015 8-hour ozone 
NAAQS is attained when the 3-year average of the annual fourth-highest 
daily maximum 8-hour average ambient air quality ozone concentration is 
less than or equal to 0.070 ppm. See 40 CFR 50.19. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. The ambient air quality monitoring data completeness 
requirement is met when the average percentage of days with valid 
ambient monitoring data is greater than 90 percent, and no single year 
has less than 75 percent data completeness as determined using Appendix 
U of part 50.
    Upon promulgation of a new or revised ozone NAAQS, the CAA requires 
EPA to designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. On April 30, 2018 (effective 
August 3, 2018), EPA designated a 5-county area in the Louisville 
metropolitan area, including Jefferson County, as a marginal ozone 
nonattainment area for the 2015 8-hour ozone NAAQS using 2014-2016 
ambient air quality data.\1\ See 83 FR 25776 (June 4, 2018). On 
December 6, 2018, EPA finalized a rule titled ``Implementation of the 
2015 National Ambient Air Quality Standards for Ozone: Nonattainment 
Area State Implementation Plan Requirements'' (SIP Requirements Rule) 
that establishes the requirements that state, tribal, and local air 
quality management agencies must meet as they develop implementation 
plans for areas where air quality exceeds the 2015 8-hour ozone 
NAAQS.\2\ See 83 FR 62998 (December 6, 2018); 40 CFR part 51, subpart 
CC. This rule establishes nonattainment area attainment dates based on 
Table 1 of section 181(a) of the CAA, including an attainment date of 
August 3, 2021, three years after the August 3, 2018, designation 
effective date, for areas classified as marginal for the 2015 8-hour 
ozone NAAQS.
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    \1\ The Louisville, KY-IN nonattainment area for the 2015 8-hour 
ozone standard consists of the following counties: Bullitt County, 
Jefferson County and Oldham County in Kentucky and Clark County and 
Floyd County in Indiana.
    \2\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2015 8-hour ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress, reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and 
compliance with emission control measures in the SIP.
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    Ground level ozone is not emitted directly into the air but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NOX and VOC stationary source. However, a state may 
waive the emissions statement requirement for any class or category of 
stationary sources which emit less than 25 tons per year (tpy) of VOC 
or NOX if the state provides an inventory of emissions as 
required by CAA section 182 that accounts for emissions from those 
sources. See CAA section 182(a)(3)(B)(ii). The first statement is due 
three years from the area's nonattainment designation, and subsequent 
statements are due at least annually thereafter.
    Based on the nonattainment designation, Kentucky was required to 
develop a SIP revision satisfying, among other things, CAA section 
182(a)(3)(B). On August 12, 2020,\3\ LMAPCD submitted a SIP revision 
addressing the emissions statement requirements related to the 2015 8-
hour ozone NAAQS for Jefferson County. EPA is proposing to approve the 
August 12, 2020, SIP submittal as meeting the requirements of section 
182(a)(3)(B) of the CAA and associated federal regulations. EPA's 
analysis of the SIP revision and how it addresses the emissions 
statement requirements is discussed in the next section of this notice.
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    \3\ LMAPCD's transmittal letter for the August 12, 2020, SIP 
revision was dated August 11, 2020, and submitted to EPA on August 
12, 2020.
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II. Analysis of the Commonwealth's Submittal

    As discussed above, section 182(a)(3)(B) of the CAA requires states 
to submit a SIP revision requiring the owner or operator of each 
NOX and VOC stationary source located in an ozone 
nonattainment area to submit to the state annual emissions statements. 
The first statement is due three years from the area's nonattainment 
designation, and subsequent statements are due at least annually 
thereafter.
    The August 12, 2020, SIP submission \4\ contains a version of 
Regulation 1.06 adopted by LMAPCD on May 20, 2020 (referred to as 
``Version 10'' by LMAPCD). The SIP revision requests that EPA 
incorporate Version 10 of Regulation 1.06 into the SIP, with the 
exception of Section 5 and references to Section 5,\5\ to replace 
Version 9. Excluding changes to Section 5 and references to Section 5 
of Regulation 1.06, Version 10 revises Version 9 by making 
typographical changes to the title and the ``Necessity and Function'' 
section of Regulation 1.06; changing of the title of Section 3 to 
``Requirements for Emissions Statements''; renumbering a portion of 
subsection 3.2.7 to subsection 3.3 and changing the newly renumbered 
subsection 3.3 by replacing references to Sections 4 and 5 with ``in 
emissions statements''; renumbering subsection 3.3 to subsection 3.4 
and adding ``The District may require such additional information be 
submitted as necessary.''; renumbering subsection 3.4 to subsection 3.5 
and revising the new subsection 3.5 to add that data required by 
Section 6 shall also be submitted on LMAPCD approved forms in addition 
to data required by Section 4; renumbering 3.5 to subsection 3.6; 
revising subsection 4.3 by changing a reference to Section 6 to Section 
7 due to a renumbering of those sections later in the regulation; 
insertion of a new Section 6 titled, ``Emissions Statements for Ozone 
Precursors,'' including the addition of subsection 6.1 to read: ``On or 
before April 15 of each year, all stationary sources of oxides of 
nitrogen or volatile organic compounds shall submit to the District a 
statement of actual emissions of those compounds.''; the addition of 
subsection 6.2 to read: ``Exemptions from this section:''; the addition 
of subsection 6.2.1 to read: ``Facilities with less than 25 tons per 
year of plant-wide actual volatile organic compounds or oxides of 
nitrogen emissions are exempted from

[[Page 2103]]

this requirement, unless emissions of the other are at or above 25 tons 
per year.\6\ The District may require sources claiming this exemption 
to provide adequate information to verify actual emissions for the 
previous year.''; the addition of 6.2.2 to read: ``The District may 
waive this requirement for sources located in an area designated as 
attainment or maintenance by U.S. EPA for all National Ambient Air 
Quality Standards (NAAQS) for ozone.''; the addition of subsection 6.3 
to read: ``The emission statements submitted by the source to the 
District shall contain (at a minimum) all information required by 
Section 3 of this Regulation. The Emissions Statement submitted under 
Section 4 may be used to satisfy the requirements of this section.''; 
renumbering the former Section 6 to Section 7; and changing the new 
Section 7 to state that the required formal certification by a 
responsible official is defined in Regulation 1.02 instead of 2.16. As 
requested by LMAPCD, EPA is not acting on Section 5 or on the 
references to Section 5.
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    \4\ In the SIP revision, Kentucky states that Version 10 of 
Regulation 1.06, Stationary Source Self-Monitoring, Emissions 
Inventory Development, and Reporting, satisfies the requirements of 
CAA section 182(a)(3)(B) for Jefferson County.
    \5\ EPA incorporated all of Version 9, except for Section 5--
Emissions Statements for Toxic Air Contaminants and any reference to 
Section 5 located in Section 3, into the SIP on August 28, 2017. See 
82 FR 40701.
    \6\ On page 28 of the August 12, 2020 KDAQ submittal, Kentucky 
clarifies the meaning of section 6.2.1 by stating ``Combined 
emissions exceeding 25 tpy do not prevent a source from being 
exempt, so long as actual emissions of neither pollutant when taken 
alone exceeds 25 tpy''.
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    EPA has preliminarily determined that the changes to Regulation 
1.06 in the August 12, 2020, SIP revision are consistent with the CAA. 
Aside from the addition of Section 6, the changes correct typographical 
errors, clarify the rule, and expand the scope of the rule. The 
addition of Section 6 modifies the emissions threshold for sources to 
submit annual emissions statements for ozone precursors to LMAPCD and 
is approvable for the reasons discussed below.
    As allowed by CAA section 182(a)(3)(B)(ii), LMAPCD waived the 
emissions statement requirements for stationary sources emitting less 
than 25 tpy of NOX or VOC. CAA section 182(a)(3)(B)(ii) 
allows a state to waive the application of emissions statements 
requirements to any class or category of stationary sources which emit 
less than 25 tons per year of VOC or NOX if the state, in 
its submissions under section 182(a)(1) or 182(a)(3)(A),\7\ provides an 
inventory of emissions from such class or category of sources, based on 
the use of the emission factors established by the Administrator or 
other methods acceptable to the Administrator.
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    \7\ CAA section 182(a)(3)(A) contains a triennial emissions 
inventory requirement.
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    Pursuant to CAA section 182(a)(3)(A), Kentucky is required to 
submit a revised inventory meeting the requirements of section 
182(a)(1) at the end of each 3-year period after submission of the 
inventory under section 182(a)(1) until the Louisville, KY Area is 
redesignated to attainment. CAA section 182(a)(1) requires the 
submission of a comprehensive, accurate, current inventory of actual 
emissions from all sources, as described in CAA section 172(c)(3), in 
accordance with guidance provided by EPA.\8\ To comply with CAA section 
182(a)(3)(A)'s requirement to submit periodic emissions inventories, 
LMAPCD submits NOX and VOC emissions data to EPA's National 
Emissions Inventory (NEI) \9\ consistent with 83 FR 62998, 
``Implementation of the 2015 National Ambient Air Quality Standards for 
Ozone: Nonattainment Area State Implementation Plan Requirements,'' and 
40 CFR 51.1315. That emissions data includes small stationary sources 
(namely, those emitting less than 25 tpy of NOX or VOC) in 
accordance with CAA section 182(a)(3)(B)(ii).
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    \8\ CAA section 172(c)(3) states, ``Such plan provisions shall 
include a comprehensive, accurate, current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants 
in such area including such periodic revisions as the Administrator 
may determine necessary to assure that the requirements of this part 
are met.''
    \9\ To access EPA's NEI, please visit: U.S. EPA, National 
Emissions Inventory (NEI), https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.
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    For the reasons discussed above, EPA has preliminarily determined 
that Jefferson County's emissions statement regulation meets the 
requirements of the CAA, including section 182(a)(3)(B) and the SIP 
Requirements Rule for the 2015 8-hour ozone NAAQS for the Jefferson 
County portion of the Louisville, Kentucky-Indiana Area.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Louisville Metro Air Pollution Control District Regulation 
1.06--Stationary Source Self-Monitoring, Emissions Inventory 
Development, and Reporting, Version 10, District effective on May 20, 
2020, with the exception of Section 5 and any references to Section 5. 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at EPA Region 4 office 
(please contact the person identified in the For FURTHER INFORMATION 
CONTACT section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve Kentucky's August 12, 2020, SIP 
revision as discussed in Section II, above. If this proposal is 
finalized, the text of Jefferson County Regulation 1.06 in the SIP will 
reflect the version of the rule effective on May 20, 2020 (Version 10) 
with the exception of Section 5 and any references to Section 5. EPA 
proposes to find that the Commonwealth's submission meets the 
requirements of sections 110 and 182 of the CAA.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the 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 they meet the criteria of the CAA. This action merely proposes 
to approve state law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and

[[Page 2104]]

     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 29, 2021.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-00027 Filed 1-12-22; 8:45 am]
BILLING CODE 6560-50-P
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