Air Plan Approval; Kentucky; Emissions Inventory Requirements for the 2015 8-Hour Ozone Standard, 59320-59322 [2022-21236]
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State effective
date
State citation
Title/subject
Appendix A .......
Record Keeping and Reporting Forms
3/23/2017
Appendix B .......
Calculation for Determining Vented
Natural Gas Volume from Liquids
Unloading of Natural Gas Wells.
Test Procedure for Determining Annual Flash Emission Rate of Gaseous Compounds from Crude Oil,
Condensate, and Produced Water.
3/23/2017
Appendix C .......
3/23/2017
EPA approval date
Additional explanation
[INSERT Federal Register CITATION], 9/30/
2022.
[INSERT Federal Register CITATION], 9/30/
2022.
[INSERT Federal Register CITATION], 9/30/
2022.
Submitted on December 11, 2018 as
an attachment to a letter dated December 4, 2018.
Submitted on December 11, 2018 as
an attachment to a letter dated December 4, 2018.
Submitted on December 11, 2018 as
an attachment to a letter dated December 4, 2018.
1 Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
*
*
*
*
*
■ 3. Section 52.237 is amended by
adding paragraphs (b)(1)(ii) and (b)(3)
through (6) to read as follows:
§ 52.237
Part D disapproval.
jspears on DSK121TN23PROD with RULES
*
*
*
*
*
(b) * * *
(1) * * *
(ii) RACT Determinations for the
source category Control Techniques
Guidelines for the Oil and Natural Gas
Industry (EPA–453/B–16–001) for the
2008 and 2015 ozone NAAQS, as
contained in the submittal titled
‘‘California Greenhouse Gas Emission
Standards for Crude Oil and Natural Gas
Facilities,’’ dated December 4, 2018, as
adopted March 23, 2017 and submitted
on December 11, 2018.
*
*
*
*
*
(3) San Joaquin Valley Air Pollution
Control District.
(i) RACT Determinations for the
source category Control Techniques
Guidelines for the Oil and Natural Gas
Industry (EPA–453/B–16–001) for the
2008 and 2015 ozone NAAQS, as
contained in the submittal titled
‘‘California Greenhouse Gas Emission
Standards for Crude Oil and Natural Gas
Facilities,’’ dated December 4, 2018, as
adopted March 23, 2017 and submitted
on December 11, 2018.
(ii) [Reserved]
(4) South Coast Air Quality
Management District.
(i) RACT Determinations for the
source category Control Techniques
Guidelines for the Oil and Natural Gas
Industry (EPA–453/B–16–001) for the
2008 and 2015 ozone NAAQS, as
contained in the submittal titled
‘‘California Greenhouse Gas Emission
Standards for Crude Oil and Natural Gas
Facilities,’’ dated December 4, 2018, as
adopted March 23, 2017 and submitted
on December 11, 2018.
(ii) [Reserved]
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(5) Ventura County Air Pollution
Control District.
(i) RACT Determinations for the
source category Control Techniques
Guidelines for the Oil and Natural Gas
Industry (EPA–453/B–16–001) for the
2008 and 2015 ozone NAAQS, as
contained in the submittal titled
‘‘California Greenhouse Gas Emission
Standards for Crude Oil and Natural Gas
Facilities,’’ dated December 4, 2018, as
adopted March 23, 2017 and submitted
on December 11, 2018.
(ii) [Reserved]
(6) Yolo-Solano Air Quality
Management District.
(i) RACT Determinations for the
source category Control Techniques
Guidelines for the Oil and Natural Gas
Industry (EPA–453/B–16–001) for the
2008 and 2015 ozone NAAQS, as
contained in the submittal titled
‘‘California Greenhouse Gas Emission
Standards for Crude Oil and Natural Gas
Facilities,’’ dated December 4, 2018, as
adopted March 23, 2017 and submitted
on December 11, 2018.
(ii) [Reserved]
[FR Doc. 2022–20870 Filed 9–29–22; 8:45 am]
DATES:
BILLING CODE 6560–50–P
40 CFR Part 52
[EPA–R04–OAR–2022–0092; FRL–10017–
02–R4]
Air Plan Approval; Kentucky;
Emissions Inventory Requirements for
the 2015 8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a State Implementation Plan (SIP)
revision submitted by the
SUMMARY:
Frm 00028
Fmt 4700
This rule is effective October 31,
2022.
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet (Cabinet) on December 22, 2021,
to address the base year emissions
inventory requirements for the 2015 8hour ozone national ambient air quality
standard (NAAQS) for Kentucky
counties in the Cincinnati, OhioKentucky 2015 8-hour ozone NAAQS
nonattainment area (hereinafter referred
to as the Cincinnati, OH-KY Area), and
for Kentucky counties in the Louisville,
Kentucky-Indiana 2015 8-hour NAAQS
nonattainment area (hereinafter referred
to as the Louisville, KY-IN Area).
Specifically, EPA is finalizing approval
of Kentucky’s SIP revision addressing
the emissions inventory requirements
for the 2015 8-hour ozone
nonattainment areas for the portions of
Boone, Campbell, and Kenton Counties
in the Cincinnati, OH-KY Area, and
Bullitt, Jefferson, and Oldham Counties
in the Louisville, KY-IN Area. These
requirements apply to all ozone
nonattainment areas. This action is
pursuant to the Clean Air Act (CAA or
Act).
Sfmt 4700
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0092. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
ADDRESSES:
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
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:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 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:
section 182(a)(1) requires the
submission of a comprehensive,
accurate, current inventory of actual
emissions from all emissions sources in
the nonattainment area, known as a
‘‘base year inventory.’’
On July 26, 2022, EPA published a
notice of proposed rulemaking (NPRM)
proposing to approve the December 22,
2021, SIP revision regarding the base
year emissions inventory submittal for
the Cincinnati, OH-KY Area and the
Louisville, KY-IN Area for the 2015 8hour ozone NAAQS. See 87 FR 44310.
More information regarding EPA’s
analysis of Kentucky’s December 22,
2021, SIP revision and how Kentucky
addresses the above-mentioned
requirements is provided in EPA’s July
26, 2022, NPRM. Comments on EPA’s
July 26, 2022, NPRM were due on
August 25, 2022. No comments were
received on EPA’s July 26, 2022, NPRM.
I. Background
On October 1, 2015, EPA strengthened
the 8-hour ozone NAAQS, lowering the
level of the NAAQS from 0.075 parts per
million (ppm) to 0.070 ppm. See 80 FR
65292 (October 26, 2015).1 Effective
August 3, 2018, EPA designated the
seven-county Cincinnati, OH-KY Area
as a Marginal ozone nonattainment for
the 2015 8-hour ozone NAAQS.2 See 83
FR 25776 (June 4, 2018). In the same
action, EPA also designated the fivecounty Louisville, KY-IN Area as a
Marginal ozone nonattainment for the
2015 8-hour ozone NAAQS.3 The
Cincinnati, OH-KY Area and the
Louisville, KY-IN Area were designated
nonattainment for the 2015 8-hour
ozone NAAQS using 2014–2016
ambient air quality data. On December
22, 2021, Kentucky submitted a SIP
revision addressing the base year
emissions inventory requirements
related to the 2015 8-hour ozone
NAAQS for the Cincinnati, OH-KY Area
and the Louisville, KY-IN Area.4 CAA
II. Final Action
EPA is approving the aforementioned
SIP revision submitted by the
Commonwealth of Kentucky addressing
the base year emissions inventory
requirements for the 2015 8-hour Ozone
NAAQS for the Cincinnati, OH-KY Area
and the Louisville, KY-IN Area. EPA has
determined that the Cincinnati, OH-KY
Area and the Louisville, KY-IN Area
base year emissions inventory
requirements SIP revision meets the
requirements of sections 110 and 182 of
the CAA with respect to the 2015 ozone
NAAQS.
1 The 2015 Ozone NAAQS was promulgated on
October 1, 2015, published on October 26, 2015,
and effective December 28, 2015.
2 The Cincinnati, OH-KY Area consists of the
following counties: Boone (partial), Campbell
(partial), and Kenton (partial) in Kentucky and the
entire counties of Butler, Clermont, Hamilton, and
Warren in Ohio. EPA took action on the 2015 8hour ozone NAAQS nonattainment area emissions
inventory requirements for Butler, Clermont,
Hamilton, and Warren Counties in Ohio in a
separate action. See 86 FR 12270 (March 3, 2021).
3 The Louisville, KY-IN Area consists of Bullitt,
Jefferson, and Oldham Counties in Kentucky and
Clark and Floyd Counties in Indiana. EPA took
action on the 2015 8-hour ozone NAAQS
nonattainment area emissions inventory
requirements for Clark and Floyd Counties in
Indiana in a separate action. See 87 FR 39750 (July
5, 2022).
4 On October 15, 2020, the Cabinet submitted a
certification that included other required elements
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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. This action merely approves
state law as meeting Federal
requirements and does not impose
for ozone nonattainment areas pursuant to CAA
section 182(a)(2)(C), Nonattainment New Source
Review, and CAA section 182(a)(3)(B), Emissions
statements. On August 12, 2020, KDAQ submitted
a certification on behalf of the Louisville Metro Air
Pollution Control District that included the required
elements for ozone nonattainment areas pursuant to
CAA section 182(a)(3)(B), Emissions statements. On
April 5, 2022, EPA took final action on the portion
of Kentucky’s October 15, 2020, submission related
to CAA section 182(a)(2)(C), Nonattainment New
Source Review. See 87 FR 19649. On March 9,
2022, EPA took final action on the District’s August
12, 2020, submission related to CAA section
182(a)(3)(B), Emissions statements. See 87 FR
13177. On April 26, 2022, EPA took final action on
the portion of Kentucky’s October 15, 2020,
submission related to CAA section 182(a)(3)(B),
Emissions statements. See 87 FR 24429.
PO 00000
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59321
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
• 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.
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 these actions and
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
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 29, 2022. 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(s) or action(s). 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
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 23, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
Subpart S—Kentucky
2. In § 52.920(e), amend the table by
adding entries for ‘‘Emissions Inventory
for the 2015 8-hour Ozone NAAQS for
Northern Kentucky’’ and ‘‘Emissions
Inventory for the 2015 8-hour Ozone
NAAQS for Louisville’’ at the end of the
table to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA—APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
*
Emissions Inventory for the
Boone, Campbell, and Kenton
2015 8-hour Ozone NAAQS
Counties (partial) in Kenfor Northern Kentucky.
tucky portion of Cincinnati,
OH-KY Area.
Emissions Inventory for the
Jefferson County in its en2015 8-hour Ozone NAAQS
tirety, and Bullitt and
for Louisville.
Oldham Counties (partial)
in Kentucky portion of Louisville, KY-IN Area.
[FR Doc. 2022–21236 Filed 9–29–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R04–OAR–2021–0363; FRL–10016–
02–R4]
Air Plan and Operating Permit Program
Approval; TN; Electronic Notice (eNotice) Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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VerDate Sep<11>2014
16:09 Sep 29, 2022
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EPA approval date
*
10/15/2021
*
9/30/2022, [Insert citation of
publication].
10/15/2021
9/30/2022, [Insert citation of
publication].
These changes address the public notice
rule provisions for the New Source
Review (NSR) and title V programs of
the Clean Air Act (CAA or Act) by
providing for electronic notice (e-notice)
and removing the mandatory
requirement to provide public notice of
a draft air permit in a printed
newspaper. EPA is approving these
changes as they are consistent with the
CAA and implementing federal
regulations.
DATES:
This rule is effective October 31,
2022.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0363. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
ADDRESSES:
The Environmental Protection
Agency (EPA) is finalizing the approval
of changes to the Tennessee State
Implementation Plan (SIP) and the
Tennessee title V operating permit
program (title V) submitted by the State
of Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), Division of Air
Pollution Control on March 23, 2021,
and supplemented on July 1, 2022.
SUMMARY:
State submittal
date/effective
date
PO 00000
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Explanations
*
*
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air 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:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. Ms. LaRocca can be
reached via telephone at (404) 562–8994
and via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59320-59322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21236]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0092; FRL-10017-02-R4]
Air Plan Approval; Kentucky; Emissions Inventory Requirements for
the 2015 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Kentucky, through the Kentucky Energy and Environment
Cabinet (Cabinet) on December 22, 2021, to address the base year
emissions inventory requirements for the 2015 8-hour ozone national
ambient air quality standard (NAAQS) for Kentucky counties in the
Cincinnati, Ohio-Kentucky 2015 8-hour ozone NAAQS nonattainment area
(hereinafter referred to as the Cincinnati, OH-KY Area), and for
Kentucky counties in the Louisville, Kentucky-Indiana 2015 8-hour NAAQS
nonattainment area (hereinafter referred to as the Louisville, KY-IN
Area). Specifically, EPA is finalizing approval of Kentucky's SIP
revision addressing the emissions inventory requirements for the 2015
8-hour ozone nonattainment areas for the portions of Boone, Campbell,
and Kenton Counties in the Cincinnati, OH-KY Area, and Bullitt,
Jefferson, and Oldham Counties in the Louisville, KY-IN Area. These
requirements apply to all ozone nonattainment areas. This action is
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective October 31, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0092. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation
[[Page 59321]]
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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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:
I. Background
On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS,
lowering the level of the NAAQS from 0.075 parts per million (ppm) to
0.070 ppm. See 80 FR 65292 (October 26, 2015).\1\ Effective August 3,
2018, EPA designated the seven-county Cincinnati, OH-KY Area as a
Marginal ozone nonattainment for the 2015 8-hour ozone NAAQS.\2\ See 83
FR 25776 (June 4, 2018). In the same action, EPA also designated the
five-county Louisville, KY-IN Area as a Marginal ozone nonattainment
for the 2015 8-hour ozone NAAQS.\3\ The Cincinnati, OH-KY Area and the
Louisville, KY-IN Area were designated nonattainment for the 2015 8-
hour ozone NAAQS using 2014-2016 ambient air quality data. On December
22, 2021, Kentucky submitted a SIP revision addressing the base year
emissions inventory requirements related to the 2015 8-hour ozone NAAQS
for the Cincinnati, OH-KY Area and the Louisville, KY-IN Area.\4\ CAA
section 182(a)(1) requires the submission of a comprehensive, accurate,
current inventory of actual emissions from all emissions sources in the
nonattainment area, known as a ``base year inventory.''
---------------------------------------------------------------------------
\1\ The 2015 Ozone NAAQS was promulgated on October 1, 2015,
published on October 26, 2015, and effective December 28, 2015.
\2\ The Cincinnati, OH-KY Area consists of the following
counties: Boone (partial), Campbell (partial), and Kenton (partial)
in Kentucky and the entire counties of Butler, Clermont, Hamilton,
and Warren in Ohio. EPA took action on the 2015 8-hour ozone NAAQS
nonattainment area emissions inventory requirements for Butler,
Clermont, Hamilton, and Warren Counties in Ohio in a separate
action. See 86 FR 12270 (March 3, 2021).
\3\ The Louisville, KY-IN Area consists of Bullitt, Jefferson,
and Oldham Counties in Kentucky and Clark and Floyd Counties in
Indiana. EPA took action on the 2015 8-hour ozone NAAQS
nonattainment area emissions inventory requirements for Clark and
Floyd Counties in Indiana in a separate action. See 87 FR 39750
(July 5, 2022).
\4\ On October 15, 2020, the Cabinet submitted a certification
that included other required elements for ozone nonattainment areas
pursuant to CAA section 182(a)(2)(C), Nonattainment New Source
Review, and CAA section 182(a)(3)(B), Emissions statements. On
August 12, 2020, KDAQ submitted a certification on behalf of the
Louisville Metro Air Pollution Control District that included the
required elements for ozone nonattainment areas pursuant to CAA
section 182(a)(3)(B), Emissions statements. On April 5, 2022, EPA
took final action on the portion of Kentucky's October 15, 2020,
submission related to CAA section 182(a)(2)(C), Nonattainment New
Source Review. See 87 FR 19649. On March 9, 2022, EPA took final
action on the District's August 12, 2020, submission related to CAA
section 182(a)(3)(B), Emissions statements. See 87 FR 13177. On
April 26, 2022, EPA took final action on the portion of Kentucky's
October 15, 2020, submission related to CAA section 182(a)(3)(B),
Emissions statements. See 87 FR 24429.
---------------------------------------------------------------------------
On July 26, 2022, EPA published a notice of proposed rulemaking
(NPRM) proposing to approve the December 22, 2021, SIP revision
regarding the base year emissions inventory submittal for the
Cincinnati, OH-KY Area and the Louisville, KY-IN Area for the 2015 8-
hour ozone NAAQS. See 87 FR 44310. More information regarding EPA's
analysis of Kentucky's December 22, 2021, SIP revision and how Kentucky
addresses the above-mentioned requirements is provided in EPA's July
26, 2022, NPRM. Comments on EPA's July 26, 2022, NPRM were due on
August 25, 2022. No comments were received on EPA's July 26, 2022,
NPRM.
II. Final Action
EPA is approving the aforementioned SIP revision submitted by the
Commonwealth of Kentucky addressing the base year emissions inventory
requirements for the 2015 8-hour Ozone NAAQS for the Cincinnati, OH-KY
Area and the Louisville, KY-IN Area. EPA has determined that the
Cincinnati, OH-KY Area and the Louisville, KY-IN Area base year
emissions inventory requirements SIP revision meets the requirements of
sections 110 and 182 of the CAA with respect to the 2015 ozone NAAQS.
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. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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
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.
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 these actions and
[[Page 59322]]
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 29, 2022. 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(s) or
action(s). 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 23, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. In Sec. 52.920(e), amend the table by adding entries for
``Emissions Inventory for the 2015 8-hour Ozone NAAQS for Northern
Kentucky'' and ``Emissions Inventory for the 2015 8-hour Ozone NAAQS
for Louisville'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Emissions Inventory for the 2015 Boone, Campbell, 10/15/2021 9/30/2022, [Insert ...................
8-hour Ozone NAAQS for Northern and Kenton citation of
Kentucky. Counties (partial) publication].
in Kentucky
portion of
Cincinnati, OH-KY
Area.
Emissions Inventory for the 2015 Jefferson County in 10/15/2021 9/30/2022, [Insert ...................
8-hour Ozone NAAQS for its entirety, and citation of
Louisville. Bullitt and Oldham publication].
Counties (partial)
in Kentucky
portion of
Louisville, KY-IN
Area.
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[FR Doc. 2022-21236 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P
