80_FR_45615 80 FR 45469 - Approval and Promulgation of Implementation Plans; Kentucky Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards

80 FR 45469 - Approval and Promulgation of Implementation Plans; Kentucky Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range45469-45477
FR Document2015-18613

The Environmental Protection Agency (EPA) is proposing to approve the July 17, 2012, State Implementation Plan (SIP) submission, submitted by the Commonwealth of Kentucky, Energy and Environment Cabinet, Department for Environmental Protection, through the Kentucky Division for Air Quality (KY DAQ) for inclusion into the Kentucky SIP. This proposal pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure SIP submission.'' KY DAQ certified that the Kentucky SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in Kentucky. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting, EPA is proposing to determine that Kentucky's infrastructure SIP submission, provided to EPA on July 17, 2012, satisfies the required infrastructure elements for the 2008 Lead NAAQS.

Federal Register, Volume 80 Issue 146 (Thursday, July 30, 2015)
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Proposed Rules]
[Pages 45469-45477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18613]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0443; FRL-9931-34-Region 4]


Approval and Promulgation of Implementation Plans; Kentucky 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the July 17, 2012, State Implementation Plan (SIP) submission, 
submitted by the Commonwealth of Kentucky, Energy and Environment 
Cabinet, Department for Environmental Protection, through the Kentucky 
Division for Air Quality (KY DAQ) for inclusion into the Kentucky SIP. 
This proposal pertains to the Clean Air Act (CAA or the Act) 
infrastructure requirements for the 2008 Lead national ambient air 
quality standards (NAAQS). The CAA requires that each state adopt and 
submit a SIP for the implementation, maintenance, and enforcement of 
each NAAQS promulgated by EPA, which is commonly referred to as an 
``infrastructure SIP submission.'' KY DAQ certified that the Kentucky 
SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, 
enforced, and maintained in Kentucky. With the exception of provisions 
pertaining to prevention of significant deterioration (PSD) permitting, 
EPA is proposing to determine that Kentucky's infrastructure SIP 
submission, provided to EPA on July 17, 2012, satisfies the required 
infrastructure elements for the 2008 Lead NAAQS.

DATES: Written comments must be received on or before August 31, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2014-0443, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2014-0443,'' Air Regulatory Management 
Section (formerly the Regulatory Development Section), Air Planning and 
Implementation Branch (formerly the Air Planning Branch) Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2014-0443. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in www.regulations.gov or 
in hard copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management 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: Zuri Farngalo, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9152. Mr. Farngalo can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. What elements are required under sections 110(a)(1) and (2)?
III. What is EPA's approach to the review of infrastructure SIP 
submissions?
IV. What is EPA's analysis of how Kentucky addressed the elements of 
sections 110(a)(1) and (2) ``infrastructure'' provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On October 5, 1978, EPA promulgated primary and secondary NAAQS for 
lead under section 109 of the Act. See 43 FR

[[Page 45470]]

46246. Both primary and secondary standards were set at a level of 1.5 
micrograms per cubic meter ([mu]g/m\3\), measured as lead in total 
suspended particulate matter (Pb-TSP), not to be exceeded by the 
maximum arithmetic mean concentration averaged over a calendar quarter. 
This standard was based on the August 7, 1977 Air Quality Criteria for 
Lead. On November 12, 2008 (75 FR 81126), EPA issued a final rule to 
revise the primary and secondary Lead NAAQS. The primary and secondary 
Lead NAAQS were revised to 0.15 [mu]g/m\3\. By statute, SIPs meeting 
the requirements of sections 110(a)(1) and (2) are to be submitted by 
states within three years after promulgation of a new or revised NAAQS. 
Sections 110(a)(1) and (2) require states to address basic SIP 
requirements, including emissions inventories, monitoring, and modeling 
to assure attainment and maintenance of the NAAQS. States were required 
to submit such SIPs to EPA no later than October 15, 2011, for the 2008 
Lead NAAQS.\1\
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    \1\ In these 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 federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a) (1) and (2). Unless otherwise indicated, the Title 15A 
regulations of the Kentucky Administrative Regulation (``KAR'') 
cited throughout this rulemaking have been approved into Kentucky's 
federally-approved SIP. The Kentucky Revised Statutes (``KRS'') 
cited throughout this rulemaking, however, are not approved into the 
Kentucky SIP unless otherwise indicated.
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    This action is proposing to approve Kentucky's infrastructure SIP 
submission for the applicable requirements of the 2008 Lead NAAQS, with 
the exception of preconstruction PSD permitting requirements for major 
sources contained in sections 110(a)(2)(C), prong 3 of D(i), and (J). 
On March 18, 2015, EPA approved Kentucky's July 17, 2012, 
infrastructure SIP submission regarding the PSD permitting requirements 
for major sources of sections 110(a)(2)(C), prong 3 of D(i) and (J) for 
the 2008 Lead NAAQS. See 80 FR 14019. Therefore, EPA is not proposing 
any action today pertaining to the PSD permitting requirements for 
major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) for 
the 2008 Lead NAAQS. For the aspects of Kentucky's submittal proposed 
for approval today, EPA notes that the Agency is not approving any 
specific rule, but rather proposing that Kentucky's already approved 
SIP meets certain CAA requirements.

II. What elements are required under sections 110(a)(1) and (2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 2008 Lead NAAQS, states typically have met 
the basic program elements required in section 110(a)(2) through 
earlier SIP submissions in connection with the 1978 Lead NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As mentioned above, these 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements that are the 
subject of this proposed rulemaking are listed below \2\ and in EPA's 
October 14, 2011, memorandum entitled ``Guidance on Infrastructure 
State Implementation Plan (SIP) Elements Required Under Sections 
110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air 
Quality Standards (NAAQS)'' (2011 Lead Infrastructure SIP Guidance).
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    \2\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D Title I of the CAA, and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. This proposed rulemaking 
does not address infrastructure elements related to section 
110(a)(2)(I) or the nonattainment planning requirements of 
110(a)(2)(C).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement, prevention of 
significant deterioration (PSD), and new source review (NSR).\3\
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    \3\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D)(i): Interstate transport provisions.
     110(a)(2)(D)(ii): Interstate and International Transport.
     110(a)(2)(E): Adequate personnel, funding, and authority.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Nonattainment area plan or plan revision 
under Part D.\4\
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    \4\ As mentioned above, this element is not relevant to this 
proposed rulemaking.
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     110(a)(2)(J): Consultation with government officials, 
public notification, PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.

III. What is EPA's approach to the review of infrastructure SIP 
submissions?

    EPA is acting upon the SIP submission from Kentucky that addresses 
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) 
for the 2008 Lead NAAQS. Pursuant to section 110(a)(1), states must 
make SIP submissions ``within 3 years (or such shorter period as the 
Administrator may prescribe) after the promulgation of a national 
primary ambient air quality standard (or any revision thereof),'' and 
these SIP submissions are to provide for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. The statute directly 
imposes on states the duty to make these SIP submissions, and the 
requirement to make the submissions is not conditioned upon EPA's 
taking any action other than promulgating a new or revised NAAQS. 
Section 110(a)(2) includes a list of specific elements that ``each such 
plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from

[[Page 45471]]

submissions that are intended to satisfy other SIP requirements under 
the CAA, such as ``nonattainment SIP'' or ``attainment plan SIP'' 
submissions to address the nonattainment planning requirements of part 
D of title I of the CAA, ``regional haze SIP'' submissions required by 
EPA rule to address the visibility protection requirements of CAA 
section 169A, and nonattainment new source review permit program 
submissions to address the permit requirements of CAA, title I, part D.
    Section 110(a)(1) addresses the timing and general requirements for 
infrastructure SIP submissions, and section 110(a)(2) provides more 
details concerning the required contents of these submissions. The list 
of required elements provided in section 110(a)(2) contains a wide 
variety of disparate provisions, some of which pertain to required 
legal authority, some of which pertain to required substantive program 
provisions, and some of which pertain to requirements for both 
authority and substantive program provisions.\5\ EPA therefore believes 
that while the timing requirement in section 110(a)(1) is unambiguous, 
some of the other statutory provisions are ambiguous. In particular, 
EPA believes that the list of required elements for infrastructure SIP 
submissions provided in section 110(a)(2) contains ambiguities 
concerning what is required for inclusion in an infrastructure SIP 
submission.
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    \5\ For example: Section 110(a)(2)(E)(i) provides that states 
must provide assurances that they have adequate legal authority 
under state and local law to carry out the SIP; section 110(a)(2)(C) 
provides that states must have a SIP-approved program to address 
certain sources as required by part C of title I of the CAA; and 
section 110(a)(2)(G) provides that states must have legal authority 
to address emergencies as well as contingency plans that are 
triggered in the event of such emergencies.
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    The following examples of ambiguities illustrate the need for EPA 
to interpret some section 110(a)(1) and section 110(a)(2) requirements 
with respect to infrastructure SIP submissions for a given new or 
revised NAAQS. One example of ambiguity is that section 110(a)(2) 
requires that ``each'' SIP submission must meet the list of 
requirements therein, while EPA has long noted that this literal 
reading of the statute is internally inconsistent and would create a 
conflict with the nonattainment provisions in part D of title I of the 
Act, which specifically address nonattainment SIP requirements.\6\ 
Section 110(a)(2)(I) pertains to nonattainment SIP requirements and 
part D addresses when attainment plan SIP submissions to address 
nonattainment area requirements are due. For example, section 172(b) 
requires EPA to establish a schedule for submission of such plans for 
certain pollutants when the Administrator promulgates the designation 
of an area as nonattainment, and section 107(d)(1)(B) allows up to two 
years, or in some cases three years, for such designations to be 
promulgated.\7\ This ambiguity illustrates that rather than apply all 
the stated requirements of section 110(a)(2) in a strict literal sense, 
EPA must determine which provisions of section 110(a)(2) are applicable 
for a particular infrastructure SIP submission.
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    \6\ See, e.g., ``Rule To Reduce Interstate Transport of Fine 
Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions 
to Acid Rain Program; Revisions to the NOX SIP Call; 
Final Rule,'' 70 FR 25162, at 25163-65 (May 12, 2005) (explaining 
relationship between timing requirement of section 110(a)(2)(D) 
versus section 110(a)(2)(I)).
    \7\ EPA notes that this ambiguity within section 110(a)(2) is 
heightened by the fact that various subparts of part D set specific 
dates for submission of certain types of SIP submissions in 
designated nonattainment areas for various pollutants. Note, e.g., 
that section 182(a)(1) provides specific dates for submission of 
emissions inventories for the ozone NAAQS. Some of these specific 
dates are necessarily later than three years after promulgation of 
the new or revised NAAQS.
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    Another example of ambiguity within sections 110(a)(1) and 
110(a)(2) with respect to infrastructure SIPs pertains to whether 
states must meet all of the infrastructure SIP requirements in a single 
SIP submission, and whether EPA must act upon such SIP submission in a 
single action. Although section 110(a)(1) directs states to submit ``a 
plan'' to meet these requirements, EPA interprets the CAA to allow 
states to make multiple SIP submissions separately addressing 
infrastructure SIP elements for the same NAAQS. If states elect to make 
such multiple SIP submissions to meet the infrastructure SIP 
requirements, EPA can elect to act on such submissions either 
individually or in a larger combined action.\8\ Similarly, EPA 
interprets the CAA to allow it to take action on the individual parts 
of one larger, comprehensive infrastructure SIP submission for a given 
NAAQS without concurrent action on the entire submission. For example, 
EPA has sometimes elected to act at different times on various elements 
and sub-elements of the same infrastructure SIP submission.\9\
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    \8\ See, e.g., ``Approval and Promulgation of Implementation 
Plans; New Mexico; Revisions to the New Source Review (NSR) State 
Implementation Plan (SIP); Prevention of Significant Deterioration 
(PSD) and Nonattainment New Source Review (NNSR) Permitting,'' 78 FR 
4339 (January 22, 2013) (EPA's final action approving the structural 
PSD elements of the New Mexico SIP submitted by the State separately 
to meet the requirements of EPA's 2008 PM2.5 NSR rule), 
and ``Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Infrastructure and Interstate Transport Requirements for 
the 2006 PM2.5 NAAQS,'' (78 FR 4337) (January 22, 2013) 
(EPA's final action on the infrastructure SIP for the 2006 
PM2.5 NAAQS).
    \9\ On December 14, 2007, the State of Tennessee, through the 
Tennessee Department of Environment and Conservation, made a SIP 
revision to EPA demonstrating that the State meets the requirements 
of sections 110(a)(1) and (2). EPA proposed action for 
infrastructure SIP elements (C) and (J) on January 23, 2012 (77 FR 
3213) and took final action on March 14, 2012 (77 FR 14976). On 
April 16, 2012 (77 FR 22533) and July 23, 2012 (77 FR 42997), EPA 
took separate proposed and final actions on all other section 
110(a)(2) infrastructure SIP elements of Tennessee's December 14, 
2007 submittal.
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    Ambiguities within sections 110(a)(1) and 110(a)(2) may also arise 
with respect to infrastructure SIP submission requirements for 
different NAAQS. Thus, EPA notes that not every element of section 
110(a)(2) would be relevant, or as relevant, or relevant in the same 
way, for each new or revised NAAQS. The states' attendant 
infrastructure SIP submissions for each NAAQS therefore could be 
different. For example, the monitoring requirements that a state might 
need to meet in its infrastructure SIP submission for purposes of 
section 110(a)(2)(B) could be very different for different pollutants 
because the content and scope of a state's infrastructure SIP 
submission to meet this element might be very different for an entirely 
new NAAQS than for a minor revision to an existing NAAQS.\10\
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    \10\ For example, implementation of the 1997 PM2.5 
NAAQS required the deployment of a system of new monitors to measure 
ambient levels of that new indicator species for the new NAAQS.
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    EPA notes that interpretation of section 110(a)(2) is also 
necessary when EPA reviews other types of SIP submissions required 
under the CAA. Therefore, as with infrastructure SIP submissions, EPA 
also has to identify and interpret the relevant elements of section 
110(a)(2) that logically apply to these other types of SIP submissions. 
For example, section 172(c)(7) requires that attainment plan SIP 
submissions required by part D have to meet the ``applicable 
requirements'' of section 110(a)(2). Thus, for example, attainment plan 
SIP submissions must meet the requirements of section 110(a)(2)(A) 
regarding enforceable emission limits and control measures and section 
110(a)(2)(E)(i) regarding air agency resources and authority. By 
contrast, it is clear that attainment plan SIP submissions required by 
part D would not need to meet the portion of section 110(a)(2)(C) that 
pertains to the PSD program required in part C of title I of the CAA, 
because PSD does not apply to a pollutant for which an area is 
designated nonattainment and thus subject to part D planning 
requirements.

[[Page 45472]]

As this example illustrates, each type of SIP submission may implicate 
some elements of section 110(a)(2) but not others.
    Given the potential for ambiguity in some of the statutory language 
of section 110(a)(1) and section 110(a)(2), EPA believes that it is 
appropriate to interpret the ambiguous portions of section 110(a)(1) 
and section 110(a)(2) in the context of acting on a particular SIP 
submission. In other words, EPA assumes that Congress could not have 
intended that each and every SIP submission, regardless of the NAAQS in 
question or the history of SIP development for the relevant pollutant, 
would meet each of the requirements, or meet each of them in the same 
way. Therefore, EPA has adopted an approach under which it reviews 
infrastructure SIP submissions against the list of elements in section 
110(a)(2), but only to the extent each element applies for that 
particular NAAQS.
    Historically, EPA has elected to use guidance documents to make 
recommendations to states for infrastructure SIPs, in some cases 
conveying needed interpretations on newly arising issues and in some 
cases conveying interpretations that have already been developed and 
applied to individual SIP submissions for particular elements.\11\ EPA 
issued the Lead Infrastructure SIP Guidance on October 14, 2011.\12\ 
EPA developed this document to provide states with up-to-date guidance 
for the 2008 Lead infrastructure SIPs. Within this guidance, EPA 
describes the duty of states to make infrastructure SIP submissions to 
meet basic structural SIP requirements within three years of 
promulgation of a new or revised NAAQS. EPA also made recommendations 
about many specific subsections of section 110(a)(2) that are relevant 
in the context of infrastructure SIP submissions. The guidance also 
discusses the substantively important issues that are germane to 
certain subsections of section 110(a)(2). Significantly, EPA interprets 
sections 110(a)(1) and 110(a)(2) such that infrastructure SIP 
submissions need to address certain issues and need not address others. 
Accordingly, EPA reviews each infrastructure SIP submission for 
compliance with the applicable statutory provisions of section 
110(a)(2), as appropriate.\13\
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    \11\ EPA notes, however, that nothing in the CAA requires EPA to 
provide guidance or to promulgate regulations for infrastructure SIP 
submissions. The CAA directly applies to states and requires the 
submission of infrastructure SIP submissions, regardless of whether 
or not EPA provides guidance or regulations pertaining to such 
submissions. EPA elects to issue such guidance in order to assist 
states, as appropriate.
    \12\ ``Guidance on Infrastructure State Implementation Plan 
(SIP) Elements Required under Clean Air Act Sections 110(a)(1) and 
110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality 
Standards (NAAQS),'' Memorandum from Stephen D. Page, October 14, 
2001.
    \13\ Although not intended to provide guidance for purposes of 
infrastructure SIP submissions for the 2008 Lead NAAQS, EPA notes 
that, following the 2011 Lead Infrastructure SIP Guidance, EPA 
issued the ``Guidance on Infrastructure State Implementation Plan 
(SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2).'' Memorandum from Stephen D. Page, September 13, 2013. 
This 2013 guidance provides recommendations for air agencies' 
development and the EPA's review of infrastructure SIPs for the 2008 
ozone primary and secondary NAAQS, the 2010 primary nitrogen dioxide 
(NO2) NAAQS, the 2010 primary sulfur dioxide 
(SO2) NAAQS, and the 2012 primary fine particulate matter 
(PM2.5) NAAQS, as well as infrastructure SIPs for new or 
revised NAAQS promulgated in the future.
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    EPA's approach to review of infrastructure SIP submissions is to 
identify the CAA requirements that are logically applicable to that 
submission. EPA believes that this approach to the review of a 
particular infrastructure SIP submission is appropriate, because it 
would not be reasonable to read the general requirements of section 
110(a)(1) and the list of elements in 110(a)(2) as requiring review of 
each and every provision of a state's existing SIP against all 
requirements in the CAA and EPA regulations merely for purposes of 
assuring that the state in question has the basic structural elements 
for a functioning SIP for a new or revised NAAQS. Because SIPs have 
grown by accretion over the decades as statutory and regulatory 
requirements under the CAA have evolved, they may include some outmoded 
provisions and historical artifacts. These provisions, while not fully 
up to date, nevertheless may not pose a significant problem for the 
purposes of ``implementation, maintenance, and enforcement'' of a new 
or revised NAAQS when EPA evaluates adequacy of the infrastructure SIP 
submission. EPA believes that a better approach is for states and EPA 
to focus attention on those elements of section 110(a)(2) of the CAA 
most likely to warrant a specific SIP revision due to the promulgation 
of a new or revised NAAQS or other factors.
    Finally, EPA believes that its approach with respect to 
infrastructure SIP requirements is based on a reasonable reading of 
sections 110(a)(1) and 110(a)(2) because the CAA provides other avenues 
and mechanisms to address specific substantive deficiencies in existing 
SIPs. These other statutory tools allow EPA to take appropriately 
tailored action, depending upon the nature and severity of the alleged 
SIP deficiency. Section 110(k)(5) authorizes EPA to issue a ``SIP 
call'' whenever the Agency determines that a state's SIP is 
substantially inadequate to attain or maintain the NAAQS, to mitigate 
interstate transport, or to otherwise comply with the CAA.\14\ Section 
110(k)(6) authorizes EPA to correct errors in past actions, such as 
past approvals of SIP submissions.\15\ Significantly, EPA's 
determination that an action on a state's infrastructure SIP submission 
is not the appropriate time and place to address all potential existing 
SIP deficiencies does not preclude EPA's subsequent reliance on 
provisions in section 110(a)(2) as part of the basis for action to 
correct those deficiencies at a later time. For example, although it 
may not be appropriate to require a state to eliminate all existing 
inappropriate director's discretion provisions in the course of acting 
on an infrastructure SIP submission, EPA believes that section 
110(a)(2)(A) may be among the statutory bases that EPA relies upon in 
the course of addressing such deficiency in a subsequent action.\16\
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    \14\ For example, EPA issued a SIP call to Utah to address 
specific existing SIP deficiencies related to the treatment of 
excess emissions during SSM events. See ``Finding of Substantial 
Inadequacy of Implementation Plan; Call for Utah State 
Implementation Plan Revisions,'' 74 FR 21639 (April 18, 2011).
    \15\ EPA has used this authority to correct errors in past 
actions on SIP submissions related to PSD programs. See ``Limitation 
of Approval of Prevention of Significant Deterioration Provisions 
Concerning Greenhouse Gas Emitting-Sources in State Implementation 
Plans; Final Rule,'' 75 FR 82536 (December 30, 2010). EPA has 
previously used its authority under CAA section 110(k)(6) to remove 
numerous other SIP provisions that the Agency determined it had 
approved in error. See, e.g., 61 FR 38664 (July 25, 1996) and 62 FR 
34641 (June 27, 1997) (corrections to American Samoa, Arizona, 
California, Hawaii, and Nevada SIPs); 69 FR 67062 (November 16, 
2004) (corrections to California SIP); and 74 FR 57051 (November 3, 
2009) (corrections to Arizona and Nevada SIPs).
    \16\ See, e.g., EPA's disapproval of a SIP submission from 
Colorado on the grounds that it would have included a director's 
discretion provision inconsistent with CAA requirements, including 
section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344 (July 21, 
2010) (proposed disapproval of director's discretion provisions); 76 
FR 4540 (Jan. 26, 2011) (final disapproval of such provisions).
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IV. What is EPA's analysis of how Kentucky addressed the elements of 
sections 110(a)(1) and (2) ``infrastructure'' provisions?

    The Kentucky infrastructure submission addresses the provisions of 
sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A) Emission limits and other control measures: There 
are several provisions within Kentucky's regulations that provide KY 
DAQ with the necessary authority to adopt and

[[Page 45473]]

enforce air quality controls, which include enforceable emission 
limitations and other control measures. Some sections but not all of 
the following chapters,\17\ provide the state the necessary authority; 
401 KAR Chapter 50 General Administrative Procedures 401 KAR 51 
Attainment and Maintenance of the National Ambient Air Quality 
Standards, 401 KAR 52 Permits, Registrations, and Prohibitory Rules, 
and 401 KAR 53 Ambient Air Quality. EPA has made the preliminary 
determination that these provisions and Kentucky's practices are 
adequate to protect the 2008 Lead NAAQS in the Commonwealth.
---------------------------------------------------------------------------

    \17\ There are various chapters from the Kentucky submittal 
cited to throughout this document as showing that Kentucky meets the 
infrastructure requirements. To see exactly what sections Kentucky 
cited in each chapter, refer to the submittal which can be accessed 
at www.regulations.gov using Docket ID No. EPA-R04-OAR-2014-0443.
---------------------------------------------------------------------------

    In this action, EPA is not proposing to approve or disapprove any 
existing Kentucky provisions with regard to excess emissions during 
startup, shutdown and malfunction (SSM) of operations at a facility. 
EPA believes that a number of states have SSM provisions which are 
contrary to the CAA and existing EPA guidance, ``State Implementation 
Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, 
and Shutdown'' (September 20, 1999), and the Agency is addressing such 
state regulations in a separate action.\18\ In the meantime, EPA 
encourages any state having a deficient SSM provision to take steps to 
correct it as soon as possible.
---------------------------------------------------------------------------

    \18\ On May 22, 2015, the EPA Administrator signed a final 
action entitled, ``State Implementation Plans: Response to Petition 
for Rulemaking; Restatement and Update of EPA's SSM Policy 
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP 
Calls to Amend Provisions Applying to Excess Emissions During 
Periods of Startup, Shutdown, and Malfunction.'' The prepublication 
version of this rule is available at http://www.epa.gov/airquality/urbanair/sipstatus/emissions.html.
---------------------------------------------------------------------------

    Additionally, in this action, EPA is not proposing to approve or 
disapprove any existing State rules with regard to director's 
discretion or variance provisions. In the meantime, EPA encourages any 
state having a director's discretion or variance provision which is 
contrary to the CAA and EPA guidance to take steps to correct the 
deficiency as soon as possible.
    2. 110(a)(2)(B) Ambient air quality monitoring/data system: SIPs 
are required to provide for the establishment and operation of ambient 
air quality monitors; the compilation and analysis of ambient air 
quality data; and the submission of these data to EPA upon request. 401 
KAR 50:050 Monitoring and KRS 224.10-100(22) along with the Kentucky 
Annual Monitoring Network Plan, provide for an ambient air quality 
monitoring system in the State, which includes the monitoring of lead 
at appropriate locations throughout the state using the EPA approved 
Federal Reference Method or equivalent monitors. 401 KAR Chapter 50 
General Administrative Procedures also provides Kentucky with the 
statutory authority to ``determine by means of field sampling and other 
studies, including the examination of available data collected by any 
local, State or federal agency or any person, the degree of air 
contamination and air pollution in the State and the several areas of 
the State.'' The monitors are all part of the Air Quality Systems (AQS) 
and identification numbers. Annually, States develop and submit to EPA 
for approval statewide ambient monitoring network plans consistent with 
the requirements of 40 CFR parts 50, 53, and 58. The annual network 
plan involves an evaluation of any proposed changes to the monitoring 
network, includes the annual ambient monitoring network design plan and 
a certified evaluation of the agency's ambient monitors and auxiliary 
support equipment.\19\ The latest monitoring network plan for Kentucky 
was submitted to EPA on June 30, 2014, and on October 30, 2014, EPA 
approved this plan. Kentucky's approved monitoring network plan can be 
accessed at www.regulations.gov using Docket ID No. EPA-R04-OAR-2014-
0443. EPA has made the preliminary determination that Kentucky's SIP 
and practices are adequate for the ambient air quality monitoring and 
data system related to the 2008 Lead NAAQS.
---------------------------------------------------------------------------

    \19\ On occasion, proposed changes to the monitoring network are 
evaluated outside of the network plan approval process in accordance 
with 40 CFR part 58.
---------------------------------------------------------------------------

    3. 110(a)(2)(C) Program for enforcement, PSD, and NSR: This element 
consists of three sub-elements; enforcement, state-wide regulation of 
new and modified minor sources and minor modifications of major 
sources; and preconstruction permitting of major sources and major 
modifications in areas designated attainment or unclassifiable for the 
subject NAAQS as required by CAA title I part C (i.e., the major source 
PSD program). To meet these obligations, Kentucky cited regulations 401 
KAR 50:060. The enforcement aspect of 110(a)(2)(C) provides for 
enforcement of the terms and conditions of permits and compliance 
schedules, and 401 KAR 52 Permits, Registrations, and Prohibitory 
Rules, which pertain to the construction of new stationary sources or 
any project at an existing stationary source. In this action, EPA is 
only proposing to approve the enforcement and the regulation of minor 
sources and minor modifications aspects of Kentucky's section 
110(a)(2)(C) infrastructure SIP submission.
    Enforcement: KY DAQ's above-described, SIP-approved regulations 
provide for enforcement of lead emission limits and control measures 
and construction permitting for new or modified stationary sources.
    Preconstruction PSD Permitting for Major Sources: With respect to 
Kentucky's July 17, 2012, infrastructure SIP submission related to the 
preconstruction PSD permitting requirements for major sources of 
section 110(a)(2)(C), EPA took final action to approve these provisions 
for the 2008 Lead NAAQS on March 18, 2015. See 80 FR 14019.
    Regulation of minor sources and modifications: Section 110(a)(2)(C) 
also requires the SIP to include provisions that govern the minor 
source pre-construction program that regulates emissions of the 2008 
Lead NAAQS. Regulation 401 KAR 52:030 governs the preconstruction 
permitting of modifications and construction of minor stationary 
sources.
    EPA has made the preliminary determination that Kentucky's SIP and 
practices are adequate for enforcement of control measures and 
regulation of minor sources and modifications related to the 2008 Lead 
NAAQS.
    4. 110(a)(2)(D)(i) and (ii) Interstate and International transport 
provisions: Section 110(a)(2)(D)(i) has two components; 
110(a)(2)(D)(i)(I) and 110(a)(2)(D)(i)(II). Each of these components 
have two subparts resulting in four distinct components, commonly 
referred to as ``prongs,'' that must be addressed in infrastructure SIP 
submissions. The first two prongs, which are codified in section 
110(a)(2)(D)(i)(I), are provisions that prohibit any source or other 
type of emissions activity in one state from contributing significantly 
to nonattainment of the NAAQS in another state (``prong 1''), and 
interfering with maintenance of the NAAQS in another state (``prong 
2''). The third and fourth prongs, which are codified in section 
110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in 
one state interfering with measures required to prevent significant 
deterioration of air quality in another state (``prong 3''), or to 
protect visibility in another state (``prong 4''). Section 
110(a)(2)(D)(ii)

[[Page 45474]]

requires SIPs to include provisions insuring compliance with sections 
115 and 126 of the Act, relating to interstate and international 
pollution abatement.
    110(a)(2)(D)(i)(I) prongs 1 and 2: Section 110(a)(2)(D)(i) requires 
infrastructure SIP submissions to include provisions prohibiting any 
source or other type of emissions activity in one state from 
contributing significantly to nonattainment in, or interfering with 
maintenance of the NAAQS in another state. The physical properties of 
lead prevent lead emissions from experiencing that same travel or 
formation phenomena as PM2.5 and ozone for interstate 
transport as outlined in prongs 1 and 2. More specifically, there is a 
sharp decrease in the lead concentrations, at least in the coarse 
fraction, as the distance from a lead source increases. EPA believes 
that the requirements of prongs 1 and 2 can be satisfied through a 
state's assessment as to whether a lead source located within its State 
in close proximity to a state border has emissions that contribute 
significantly to the nonattainment or interfere with maintenance of the 
NAAQS in the neighboring state. For example, EPA's experience suggests 
that sources located more than two miles from the state border or that 
sources that emit less than 0.5 tons per year (tpy) generally appear 
unlikely to contribute significantly to the nonattainment in another 
state. Kentucky has one lead source that has emissions which exceed 0.5 
tpy, however, the source is located about 50 miles from the border.\20\ 
As a result of its distance to the border, EPA believes it is unlikely 
to contribute significantly to the nonattainment or interfere with 
maintenance of the NAAQS in another state. Therefore, EPA has made the 
preliminary determination that Kentucky's SIP meets the requirements of 
section 110(a)(2)(D)(i)(I).
---------------------------------------------------------------------------

    \20\ The one facility in Kentucky that has lead emissions 
greater than 0.5 tpy is the EnerSys facility located at 761 Eastern 
Bypass Richmond, KY 40475. The lead emissions from this facility are 
0.55 tpy.
---------------------------------------------------------------------------

    110(a)(2)(D)(i)(II) Prong 3: With respect to Kentucky's July 17, 
2012 infrastructure SIP submission related to the interstate transport 
requirements for PSD of prong 3 of section 110(a)(2)(D)(i), EPA took 
final action to approve this portion of Kentucky's submission for the 
2008 Lead NAAQS on March 18, 2015. See 80 FR 14019.
    110(a)(2)(D)(i)(II) prong 4: With regard to section 
110(a)(2)(D)(i)(II), the visibility sub-element, referred to as prong 
4, significant visibility impacts from stationary source lead emissions 
are expected to be limited to short distances from the source. The 2011 
Lead Infrastructure SIP Guidance notes that the lead constituent of PM 
would likely not travel far enough to affect Class 1 areas and that the 
visibility provisions of the CAA do not directly regulate lead. Lead 
stationary sources in Kentucky are located distances from Class I areas 
such that visibility impacts are negligible. Accordingly, EPA has 
preliminarily determined that the Kentucky SIP meets the relevant 
visibility requirements of prong 4 of section 110(a)(2)(D)(i).
    110(a)(2)(D)(ii) Interstate and International transport provisions: 
With regard to section 110(a)(2)(D)(ii), section 6 of KAR Chapter 
52:100, Public, Affected State, and US EPA Review, outlines how 
Kentucky will notify neighboring states of potential impacts from new 
or modified sources. Further, EPA is unaware of any pending obligations 
for the Commonwealth pursuant to sections 115 or 126 of the CAA. EPA 
has made the preliminary determination that Kentucky DAQ's SIP and 
practices are adequate for insuring compliance with the applicable 
requirements relating to interstate and international pollution 
abatement for the 2008 Lead NAAQS. Accordingly, EPA is proposing to 
approve Kentucky's infrastructure SIP submission with respect to 
section 110(a)(2)(D)(ii).
    5. 110(a)(2)(E) Adequate personnel, funding, and authority: Section 
110(a)(2)(E) requires that each implementation plan provide (i) 
necessary assurances that the State will have adequate personnel, 
funding, and authority under state law to carry out its implementation 
plan, (ii) that the State comply with the requirements respecting State 
Boards pursuant to section 128 of the Act, and (iii) necessary 
assurances that, where the State has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
plan provision, the State has responsibility for ensuring adequate 
implementation of such plan provisions. EPA is proposing to approve 
Kentucky's SIP as meeting the requirements of sub-elements 
110(a)(2)(E)(i), (ii) and (iii). EPA's rationale for this proposal 
respecting sub-element (i), (ii),and(iii) is described in turn below.
    To satisfy the requirements of sections 110(a)(2)(E)(i) and (iii), 
Kentucky's infrastructure SIP submission cites regulation 401 KAR 
50:038 Air Emissions Fee, which provides the assessment fees necessary 
to fund the state Title V permit program. EPA submitted a letter to 
Kentucky on February 27, 2014, outlining 105 grant commitments and the 
current status of these commitments for fiscal year 2013. The letter 
EPA submitted to Kentucky can be accessed at www.regulations.gov using 
Docket ID No. EPA-R04-OAR-2014-0443. Annually, states update these 
grant commitments based on current SIP requirements, air quality 
planning, and applicable requirements related to the NAAQS. Kentucky 
satisfactorily met all commitments agreed to in the Air Planning 
Agreement for fiscal year 2013, therefore Kentucky's grants were 
finalized and closed out.
    Section 110(a)(2)(E)(ii) requires that Kentucky comply with section 
128 of the CAA. Section 128 requires that: (1) The majority of members 
of the state board or body which approves permits or enforcement orders 
represent the public interest and do not derive any significant portion 
of their income from persons subject to permitting or enforcement 
orders under the CAA; and (2) any potential conflicts of interest by 
such board or body, or the head of an executive agency with similar, 
powers be adequately disclosed.
    KY DAQ's infrastructure SIP submission adequately demonstrated that 
Kentucky's SIP meets the applicable section 128 requirements pursuant 
to section 110(a)(2)(E)(ii).
    For purposes of section 128(a)(1), Kentucky has no boards or bodies 
with authority over air pollution permits or enforcement actions. Such 
matters are instead handled by the Director of the KY DAQ. As such, a 
``board or body'' is not responsible for approving permits or 
enforcement orders in Kentucky, and the requirements of section 
128(a)(1) are not applicable. For purposes of section 128(a)(2), 
Kentucky's SIP has been updated. On October 3, 2012, EPA finalized 
approval of KY DAQ's July 17, 2012, SIP revision requesting 
incorporation of KRS Chapters 11A.020, 11A.030, 11A.040 and Chapters 
224.10-020 and 224.10-100 into the SIP to address sub-element 
110(a)(2)(E)(ii). See 77 FR 60307. With the incorporation of these 
regulations into the Kentucky SIP, EPA has made the preliminary 
determination that the Commonwealth has adequately addressed the 
requirements of section 128(a)(2), and accordingly has met the 
infrastructure SIP requirements of section 110(a)(2)(E)(ii). Therefore, 
EPA is proposing to approve KY DAQ's SIP as meeting the requirements of 
sub-elements 110(a)(2)(E)(i), (ii) and (iii).
    6. 110(a)(2)(F) Stationary source monitoring system: KY DAQ's 
infrastructure SIP submission describes how the State establishes 
requirements for emissions compliance testing and

[[Page 45475]]

utilizes emissions sampling and analysis. It further describes how the 
State ensures the quality of its data through observing emissions and 
monitoring operations. KY DAQ uses these data to track progress towards 
maintaining the NAAQS, develop control and maintenance strategies, 
identify sources and general emission levels, and determine compliance 
with emission regulations and additional EPA requirements. KY DAQ meets 
these requirements through KY DAQ 401 KAR 50:050 Monitoring. These 
requirements are incorporated into the SIP at Chapter 50 General 
Administrative Procedures allows for the use of credible evidence in 
the event that the KY DAQ Director has evidence that a source is 
violating an emission standard or permit condition, the Director may 
require that the owner or operator of any source submit to the Director 
any information necessary to determine the compliance status of the 
source. In addition, EPA is unaware of any provision preventing the use 
of credible evidence in the Kentucky SIP.
    In addition, Kentucky is required to submit emissions data to EPA 
for purposes of the National Emissions Inventory (NEI). The NEI is 
EPA's central repository for air emissions data. EPA published the Air 
Emissions Reporting Rule (AERR) on December 5, 2008, which modified the 
requirements for collecting and reporting air emissions data. See 73 FR 
76539. The AERR shortened the time states had to report emissions data 
from 17 to 12 months, giving states one calendar year to submit 
emissions data. All states are required to submit a comprehensive 
emissions inventory every three years and report emissions for certain 
larger sources annually through EPA's online Emissions Inventory 
System. States report emissions data for the six criteria pollutants 
and the precursors that form them--NOX, sulfur dioxide, 
ammonia, lead, carbon monoxide, particulate matter, and volatile 
organic compounds. Many states also voluntarily report emissions of 
hazardous air pollutants. Kentucky made its latest update to the 2013 
NEI on November 11, 2014. EPA compiles the emissions data, 
supplementing it where necessary, and releases it to the general public 
through the Web site http://www.epa.gov/ttn/chief/eiinformation.html. 
EPA has made the preliminary determination that Kentucky's SIP and 
practices are adequate for the stationary source monitoring systems 
obligations for the 2008 Lead NAAQS.
    7. 110(a)(2)(G) Emergency episodes: This section requires that 
states demonstrate authority comparable with section 303 of the CAA and 
adequate contingency plans to implement such authority. Kentucky's 
infrastructure SIP submission cites 401 KAR Chapter 55 Emergency 
Episodes as identifying air pollution emergency episodes and preplanned 
abatement strategies, and providing the means to implement emergency 
air pollution episode measures. Conditions justifying the proclamation 
of an air pollution alert, air pollution warning, or air pollution 
emergency shall be deemed to exist whenever the cabinet determines that 
the accumulation of air contaminants in any place is attaining or has 
attained levels which could, if such levels are sustained or exceeded, 
present a threat to the health of the public. The intent of this 
administrative regulation is to provide for the curtailment or 
reduction of processes or operations which emit an air contaminant or 
an air contaminant precursor whose criteria has been reached and are 
located in the affected area for which an episode level has been 
declared. This rule defines what an episodic criteria is and the 
procedure for an episode declaration. In addition, KRS 224.10-410 
provides: ``Notwithstanding any inconsistent provisions of law, 
whenever the Secretary of the Energy and Environment Cabinet finds, 
after investigation, that any person or combination of persons is 
causing, engaging in or maintaining a condition or activity which, in 
his judgment, presents a danger to the health or welfare of the people 
of the state or results in or is likely to result in damage to natural 
resources, and relates to the prevention and abatement powers of the 
secretary and it therefore appears to be prejudicial to the interests 
of the people of the state to delay action until an opportunity for a 
hearing can be provided, the secretary may, without prior hearing, 
order such person or combination of persons by notice, in writing 
wherever practicable or in such other form as in the secretary's 
judgment will reasonably notify such person or combination of persons 
whose practices are intended to be proscribed, to discontinue, abate or 
alleviate such condition or activity, and thereupon such person or 
combination of persons shall immediately discontinue, abate or 
alleviate such condition or activity. As soon as possible thereafter, 
not to exceed ten (10) days, the secretary shall provide the person or 
combination of persons an opportunity to be heard and to present proof 
that such condition or activity does not violate the provisions of this 
section. The secretary shall adopt any other appropriate rules and 
regulations prescribing the procedure to be followed in the issuance of 
such orders. The secretary shall immediately notify the Governor of any 
order issued pursuant to this section.'' EPA has made the preliminary 
determination that Kentucky's SIP and practices are adequate to satisfy 
the emergency powers obligations of the 2008 Lead NAAQS.
    8. 110(a)(2)(H) Future SIP revisions: KY DAQ is responsible for 
adopting air quality rules and revising SIPs as needed to attain or 
maintain the NAAQS in Kentucky. 401 KAR Chapter 53 Ambient Air Quality 
and Chapter 51 Attainment and Maintenance of the National Ambient Air 
Quality Standards grant KY DAQ the broad authority to implement the 
CAA, and as such, provides KY DAQ the authority to prepare and develop, 
after proper study, a comprehensive plan for the prevention of air 
pollution. These statutes also provide KY DAQ the ability and authority 
to respond to calls for SIP revisions, and has provided a number of SIP 
revisions over the years for implementation of the NAAQS. Accordingly, 
EPA has made the preliminary determination that Kentucky's SIP and 
practices adequately demonstrate a commitment to provide future SIP 
revisions related to the 2008 Lead NAAQS, when necessary.
    9. 110(a)(2)(J): EPA is proposing to approve Kentucky's 
infrastructure SIP for the 2008 Lead NAAQS with respect to the general 
requirement in section 110(a)(2)(J) to include a program in the SIP 
that provides for meeting the applicable consultation requirements of 
section 121, the public notification requirements of section 127, and 
visibility protection. With respect to Kentucky's infrastructure SIP 
submission related to the preconstruction PSD permitting requirements 
of section 110(a)(2)(J), EPA took final action to approve Kentucky's 
July 17, 2012, 2008 Lead infrastructure SIP for these requirements on 
March 18, 2015. See 80 FR 14019. EPA's rationale for applicable 
consultation requirements of section 121, the public notification 
requirements of section 127, and visibility is described below.
    Consultation with government officials (121 consultation): Section 
110(a)(2)(J) of the CAA requires states to provide a process for 
consultation with local governments, designated organizations and 
federal land managers (FLMs) carrying out NAAQS implementation 
requirements pursuant to section 121 relative to consultation. 401 KAR 
52 Permits, Registrations, and Prohibitory Rules along with the 
Regional Haze SIP Plan (which allows

[[Page 45476]]

for consultation between appropriate state, local, and tribal air 
pollution control agencies as well as the corresponding FLMs), provide 
for consultation with government officials whose jurisdictions might be 
affected by SIP development activities. Implementation of 
transportation conformity as outlined in the consultation procedures 
requires KY DAQ to consult with federal, state and local transportation 
and air quality agency officials on the development of motor vehicle 
emissions budgets. EPA has made the preliminary determination that 
Kentucky's SIP and practices adequately demonstrate that the State 
meets applicable requirements related to consultation with government 
officials for the 2008 Lead NAAQS when necessary.
    Public notification (127 public notification): To meet the public 
notification requirements of section 110(a)(2)(J), statutes 401 KAR 51 
Attainment and Maintenance of the National Ambient Air Quality 
Standards and 401 KAR 52 Permits, Registrations provides Kentucky with 
the authority to declare an emergency and notify the public accordingly 
when it finds t a generalized condition of water or air pollution which 
is causing imminent danger to the health or safety of the public. For 
example, 401 KAR 52:100. Public, Affected State, and U.S. EPA Review of 
the Kentucky SIP process affords the public an opportunity to 
participate in regulatory and other efforts to improve air quality by 
holding public hearings for interested persons to appear and submit 
written or oral comments. EPA also notes that KY DAQ maintains a Web 
site that provides the public with notice of the health hazards 
associated with Lead NAAQS exceedances, measures the public can take to 
help prevent such exceedances, and the ways in which the public can 
participate in the regulatory process. See http://air.ky.gov/Pages/default.aspx.
    EPA has made the preliminary determination that Kentucky's SIP and 
practices adequately demonstrate the State's ability to provide public 
notification related to the 2008 Lead NAAQS when necessary.
    Visibility Protection: The 2011 Lead Infrastructure SIP Guidance 
notes that EPA does not generally treat the visibility protection 
aspects of section 110(a)(2)(J) as applicable for purposes of the 
infrastructure SIP approval process. EPA recognizes that states are 
subject to visibility protection and regional haze program requirements 
under Part C of the Act (which includes sections 169A and 169B). 
However, in the event of the establishment of a new primary NAAQS, the 
visibility protection and regional haze program requirements under part 
C do not change. EPA thus does not expect states to address visibility 
in lead infrastructure submittals. Thus, EPA concludes there are no new 
applicable visibility protection obligations under section 110(a)(2)(J) 
as a result of the 2008 Lead NAAQS. Accordingly, EPA is proposing to 
approve section 110(a)(2)(J) of KY DAQ's infrastructure SIP submission 
with respect to visibility.
    EPA has made the preliminary determination that Kentucky's SIP and 
practices adequately demonstrate the State's ability to meet the 
requirements of section 110(a)(2)(J) to include a program in the SIP 
that provides for meeting the applicable requirements of section 121 
(consultation), section 127 public notification, and visibility 
protection.
    10. 110(a)(2)(K) Air quality modeling/data: Section 110(a)(2)(K) of 
the CAA requires that SIPs provide for performing air quality modeling 
so that effects on air quality of emissions from NAAQS pollutants can 
be predicted and submission of such data to the USEPA can be made. 401 
KAR Chapter 50 General Administrative Procedures require that air 
modeling be conducted in accordance with 40 CFR part 51, appendix W 
``Guideline on Air Quality Models.'' These regulations demonstrate that 
Kentucky has the authority to perform air quality modeling and to 
provide relevant data for the purpose of predicting the effect on 
ambient air quality of the 2008 Lead NAAQS. Additionally, Kentucky 
supports a regional effort to coordinate the development of emissions 
inventories and conduct regional modeling for several NAAQS, including 
the 2008 Lead NAAQS, for the Southeastern states. Taken as a whole, 
Kentucky's air quality regulations demonstrate that KY DAQ has the 
authority to provide relevant data for the purpose of predicting the 
effect on ambient air quality of the 2008 Lead NAAQS. EPA has made the 
preliminary determination that Kentucky's SIP and practices adequately 
demonstrate the State's ability to provide for air quality and 
modeling, along with analysis of the associated data, related to the 
2008 Lead NAAQS when necessary.
    11. 110(a)(2)(L) Permitting fees: This element necessitates that 
the SIP require the owner or operator of each major stationary source 
to pay to the permitting authority, as a condition of any permit 
required under the CAA, a fee sufficient to cover (i) the reasonable 
costs of reviewing and acting upon any application for such a permit, 
and (ii) if the owner or operator receives a permit for such source, 
the reasonable costs of implementing and enforcing the terms and 
conditions of any such permit (not including any court costs or other 
costs associated with any enforcement action), until such fee 
requirement is superseded with respect to such sources by the 
Administrator's approval of a fee program under title V.
    To satisfy these requirements, Kentucky Regulation 401 KAR 50:038 
Air Emissions Fee, and the Title V Operating Permit Program 
Implementation Protocol dated August 13, 1999, is how KY DAQ collects 
adequate emission fees related to the cost of administering the air 
quality program mandated under Title V of the CAA Amendments of 1990 
(Public Law 101-549, as amended). Funds collected in support of the 
program are used in support of review, implementation, and enforcement 
of PSD/NNSR permits. The Title V program takes over for the PSD/NNSR 
permit once the source begin operating. EPA has made the preliminary 
determination that Kentucky's practices adequately provide for 
permitting fees related to the 2008 Lead NAAQS, when necessary.
    12. 110(a)(2)(M) Consultation/participation by affected local 
entities: This element requires states to provide for consultation and 
participation in SIP development by local political subdivisions 
affected by the SIP. 401 KAR 52 Permits, Registrations authorize and 
require KY DAQ to advise, consult, cooperate and enter into agreements 
with other agencies of the state, the Federal Government, other states, 
interstate agencies, groups, political subdivisions, and industries 
affected by the provisions of this act, rules, or policies of the 
department. EPA has made the preliminary determination that Kentucky's 
SIP and practices adequately demonstrate consultation with affected 
local entities related to the 2008 Lead NAAQS, when necessary.

V. Proposed Action

    With the exception of the PSD permitting requirements for major 
sources contained in sections 110(a)(2)(C), prong 3 of (D)(i), and (J), 
EPA is proposing to approve that KY DAQ's infrastructure SIP 
submission, submitted July 17, 2012, for the 2008 Lead NAAQS meets the 
above described infrastructure SIP requirements. EPA is proposing to 
approve these portions of Kentucky's infrastructure SIP submission for 
the 2008 Lead NAAQS because these aspects of the submission are 
consistent with section 110 of the CAA.

[[Page 45477]]

VI. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the Kentucky 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, Lead, Reporting and 
recordkeeping requirements.

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

    Dated: July 14, 2015.
 Heather Mc Teer Toney,
 Regional Administrator, Region 4.
[FR Doc. 2015-18613 Filed 7-29-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules                                             45469

                                                 2. Comments are due no later than                      DATES:  Written comments must be                      cannot read your comment due to
                                               August 31, 2015. Reply comments are                      received on or before August 31, 2015.                technical difficulties and cannot contact
                                               due no later than September 15, 2015.                    ADDRESSES: Submit your comments,                      you for clarification, EPA may not be
                                                 3. Pursuant to 39 U.S.C. 505, the                      identified by Docket ID No. EPA–R04–                  able to consider your comment.
                                               Commission appoints James F. Callow                      OAR–2014–0443, by one of the                          Electronic files should avoid the use of
                                               to serve as officer of the Commission                    following methods:                                    special characters, any form of
                                               (Public Representative) to represent the                    1. www.regulations.gov: Follow the                 encryption, and be free of any defects or
                                               interests of the general public in this                  on-line instructions for submitting                   viruses. For additional information
                                               docket.                                                  comments.                                             about EPA’s public docket visit the EPA
                                                 4. The Secretary shall arrange for                        2. Email: R4–ARMS@epa.gov.                         Docket Center homepage at http://
                                               publication of this order in the Federal                    3. Fax: (404) 562–9019.                            www.epa.gov/epahome/dockets.htm.
                                               Register.                                                   4. Mail: ‘‘EPA–R04–OAR–2014–                          Docket: All documents in the
                                                By the Commission.                                      0443,’’ Air Regulatory Management                     electronic docket are listed in the
                                               Ruth Ann Abrams,                                         Section (formerly the Regulatory                      www.regulations.gov index. Although
                                                                                                        Development Section), Air Planning and                listed in the index, some information is
                                               Acting Secretary.
                                                                                                        Implementation Branch (formerly the                   not publicly available, i.e., CBI or other
                                               [FR Doc. 2015–18666 Filed 7–29–15; 8:45 am]
                                                                                                        Air Planning Branch) Air, Pesticides                  information whose disclosure is
                                               BILLING CODE 7710–FW–P                                                                                         restricted by statute. Certain other
                                                                                                        and Toxics Management Division, U.S.
                                                                                                        Environmental Protection Agency,                      material, such as copyrighted material,
                                                                                                        Region 4, 61 Forsyth Street SW.,                      is not placed on the Internet and will be
                                               ENVIRONMENTAL PROTECTION                                 Atlanta, Georgia 30303–8960.                          publicly available only in hard copy
                                               AGENCY                                                      5. Hand Delivery or Courier: Lynorae               form. Publicly available docket
                                                                                                        Benjamin, Chief, Air Regulatory                       materials are available either
                                               40 CFR Part 52                                                                                                 electronically in www.regulations.gov or
                                                                                                        Management Section, Air Planning and
                                               [EPA–R04–OAR–2014–0443; FRL–9931–34–                     Implementation Branch, Air, Pesticides                in hard copy at the Air Regulatory
                                               Region 4]                                                and Toxics Management Division, U.S.                  Management Section, Air Planning and
                                                                                                        Environmental Protection Agency,                      Implementation Branch, Air, Pesticides
                                               Approval and Promulgation of                                                                                   and Toxics Management Division, U.S.
                                                                                                        Region 4, 61 Forsyth Street SW.,
                                               Implementation Plans; Kentucky                                                                                 Environmental Protection Agency,
                                                                                                        Atlanta, Georgia 30303–8960. Such
                                               Infrastructure Requirements for the                                                                            Region 4, 61 Forsyth Street SW.,
                                                                                                        deliveries are only accepted during the
                                               2008 Lead National Ambient Air Quality                                                                         Atlanta, Georgia 30303–8960 EPA
                                                                                                        Regional Office’s normal hours of
                                               Standards                                                                                                      requests that if at all possible, you
                                                                                                        operation. The Regional Office’s official
                                               AGENCY:  Environmental Protection                        hours of business are Monday through                  contact the person listed in the FOR
                                               Agency.                                                  Friday, 8:30 a.m. to 4:30 p.m., excluding             FURTHER INFORMATION CONTACT section to
                                                                                                        Federal holidays.                                     schedule your inspection. The Regional
                                               ACTION: Proposed rule.
                                                                                                           Instructions: Direct your comments to              Office’s official hours of business are
                                               SUMMARY:   The Environmental Protection                  Docket ID No. EPA–R04–OAR–2014–                       Monday through Friday, 8:30 a.m. to
                                               Agency (EPA) is proposing to approve                     0443. EPA’s policy is that all comments               4:30 p.m., excluding Federal holidays.
                                               the July 17, 2012, State Implementation                  received will be included in the public               FOR FURTHER INFORMATION CONTACT: Zuri
                                               Plan (SIP) submission, submitted by the                  docket without change and may be                      Farngalo, Air Regulatory Management
                                               Commonwealth of Kentucky, Energy                         made available online at                              Section, Air Planning and
                                               and Environment Cabinet, Department                      www.regulations.gov, including any                    Implementation Branch, Air, Pesticides
                                               for Environmental Protection, through                    personal information provided, unless                 and Toxics Management Division, U.S.
                                               the Kentucky Division for Air Quality                    the comment includes information                      Environmental Protection Agency,
                                               (KY DAQ) for inclusion into the                          claimed to be Confidential Business                   Region 4, 61 Forsyth Street SW.,
                                               Kentucky SIP. This proposal pertains to                  Information (CBI) or other information                Atlanta, Georgia 30303–8960. The
                                               the Clean Air Act (CAA or the Act)                       whose disclosure is restricted by statute.            telephone number is (404) 562–9152.
                                               infrastructure requirements for the 2008                 Do not submit through                                 Mr. Farngalo can be reached via
                                               Lead national ambient air quality                        www.regulations.gov or email,                         electronic mail at farngalo.zuri@
                                               standards (NAAQS). The CAA requires                      information that you consider to be CBI               epa.gov.
                                               that each state adopt and submit a SIP                   or otherwise protected. The                           SUPPLEMENTARY INFORMATION:
                                               for the implementation, maintenance,                     www.regulations.gov Web site is an
                                               and enforcement of each NAAQS                            ‘‘anonymous access’’ system, which                    Table of Contents
                                               promulgated by EPA, which is                             means EPA will not know your identity                 I. Background
                                               commonly referred to as an                               or contact information unless you                     II. What elements are required under sections
                                               ‘‘infrastructure SIP submission.’’ KY                    provide it in the body of your comment.                    110(a)(1) and (2)?
                                               DAQ certified that the Kentucky SIP                      If you send an email comment directly                 III. What is EPA’s approach to the review of
                                               contains provisions that ensure the 2008                 to EPA without going through                               infrastructure SIP submissions?
                                               Lead NAAQS is implemented, enforced,                     www.regulations.gov, your email                       IV. What is EPA’s analysis of how Kentucky
                                                                                                                                                                   addressed the elements of sections
                                               and maintained in Kentucky. With the                     address will be automatically captured
                                                                                                                                                                   110(a)(1) and (2) ‘‘infrastructure’’
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                                               exception of provisions pertaining to                    and included as part of the comment                        provisions?
                                               prevention of significant deterioration                  that is placed in the public docket and               V. Proposed Action
                                               (PSD) permitting, EPA is proposing to                    made available on the Internet. If you                VI. Statutory and Executive Order Reviews
                                               determine that Kentucky’s infrastructure                 submit an electronic comment, EPA
                                               SIP submission, provided to EPA on                       recommends that you include your                      I. Background
                                               July 17, 2012, satisfies the required                    name and other contact information in                    On October 5, 1978, EPA promulgated
                                               infrastructure elements for the 2008                     the body of your comment and with any                 primary and secondary NAAQS for lead
                                               Lead NAAQS.                                              disk or CD–ROM you submit. If EPA                     under section 109 of the Act. See 43 FR


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                                               45470                    Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules

                                               46246. Both primary and secondary                        II. What elements are required under                     • 110(a)(2)(B): Ambient air quality
                                               standards were set at a level of 1.5                     sections 110(a)(1) and (2)?                            monitoring/data system.
                                               micrograms per cubic meter (mg/m3),                         Section 110(a) of the CAA requires                    • 110(a)(2)(C): Program for
                                               measured as lead in total suspended                      states to submit SIPs to provide for the               enforcement, prevention of significant
                                               particulate matter (Pb-TSP), not to be                   implementation, maintenance, and                       deterioration (PSD), and new source
                                               exceeded by the maximum arithmetic                       enforcement of a new or revised                        review (NSR).3
                                               mean concentration averaged over a                       NAAQS within three years following                       • 110(a)(2)(D)(i): Interstate transport
                                               calendar quarter. This standard was                      the promulgation of such NAAQS, or                     provisions.
                                               based on the August 7, 1977 Air Quality                  within such shorter period as EPA may                    • 110(a)(2)(D)(ii): Interstate and
                                               Criteria for Lead. On November 12, 2008                  prescribe. Section 110(a) imposes the                  International Transport.
                                               (75 FR 81126), EPA issued a final rule                   obligation upon states to make a SIP                     • 110(a)(2)(E): Adequate personnel,
                                               to revise the primary and secondary                      submission to EPA for a new or revised                 funding, and authority.
                                               Lead NAAQS. The primary and                              NAAQS, but the contents of that                          • 110(a)(2)(F): Stationary source
                                               secondary Lead NAAQS were revised to                     submission may vary depending upon                     monitoring and reporting.
                                               0.15 mg/m3. By statute, SIPs meeting the                 the facts and circumstances. In                          • 110(a)(2)(G): Emergency episodes.
                                               requirements of sections 110(a)(1) and                   particular, the data and analytical tools                • 110(a)(2)(H): Future SIP revisions.
                                               (2) are to be submitted by states within                 available at the time the state develops                 • 110(a)(2)(I): Nonattainment area
                                               three years after promulgation of a new                  and submits the SIP for a new or revised               plan or plan revision under Part D.4
                                               or revised NAAQS. Sections 110(a)(1)                     NAAQS affects the content of the                         • 110(a)(2)(J): Consultation with
                                               and (2) require states to address basic                  submission. The contents of such SIP                   government officials, public
                                               SIP requirements, including emissions                    submissions may also vary depending                    notification, PSD and visibility
                                               inventories, monitoring, and modeling                    upon what provisions the state’s                       protection.
                                               to assure attainment and maintenance of                  existing SIP already contains. In the                    • 110(a)(2)(K): Air quality modeling/
                                               the NAAQS. States were required to                       case of the 2008 Lead NAAQS, states                    data.
                                               submit such SIPs to EPA no later than                    typically have met the basic program                     • 110(a)(2)(L): Permitting fees.
                                               October 15, 2011, for the 2008 Lead                      elements required in section 110(a)(2)                   • 110(a)(2)(M): Consultation/
                                               NAAQS.1                                                  through earlier SIP submissions in                     participation by affected local entities.
                                                 This action is proposing to approve                    connection with the 1978 Lead NAAQS.                   III. What is EPA’s approach to the
                                               Kentucky’s infrastructure SIP                               More specifically, section 110(a)(1)                review of infrastructure SIP
                                               submission for the applicable                            provides the procedural and timing                     submissions?
                                               requirements of the 2008 Lead NAAQS,                     requirements for SIPs. Section 110(a)(2)
                                                                                                        lists specific elements that states must                  EPA is acting upon the SIP
                                               with the exception of preconstruction
                                                                                                        meet for ‘‘infrastructure’’ SIP                        submission from Kentucky that
                                               PSD permitting requirements for major
                                                                                                        requirements related to a newly                        addresses the infrastructure
                                               sources contained in sections
                                                                                                        established or revised NAAQS. As                       requirements of CAA sections 110(a)(1)
                                               110(a)(2)(C), prong 3 of D(i), and (J). On
                                                                                                        mentioned above, these requirements                    and 110(a)(2) for the 2008 Lead NAAQS.
                                               March 18, 2015, EPA approved
                                                                                                        include SIP infrastructure elements                    Pursuant to section 110(a)(1), states
                                               Kentucky’s July 17, 2012, infrastructure
                                                                                                        such as modeling, monitoring, and                      must make SIP submissions ‘‘within 3
                                               SIP submission regarding the PSD
                                                                                                        emissions inventories that are designed                years (or such shorter period as the
                                               permitting requirements for major
                                                                                                        to assure attainment and maintenance of                Administrator may prescribe) after the
                                               sources of sections 110(a)(2)(C), prong 3
                                                                                                        the NAAQS. The requirements that are                   promulgation of a national primary
                                               of D(i) and (J) for the 2008 Lead
                                                                                                        the subject of this proposed rulemaking                ambient air quality standard (or any
                                               NAAQS. See 80 FR 14019. Therefore,
                                                                                                        are listed below 2 and in EPA’s October                revision thereof),’’ and these SIP
                                               EPA is not proposing any action today
                                                                                                        14, 2011, memorandum entitled                          submissions are to provide for the
                                               pertaining to the PSD permitting
                                                                                                        ‘‘Guidance on Infrastructure State                     ‘‘implementation, maintenance, and
                                               requirements for major sources of
                                                                                                        Implementation Plan (SIP) Elements                     enforcement’’ of such NAAQS. The
                                               sections 110(a)(2)(C), prong 3 of D(i),
                                                                                                        Required Under Sections 110(a)(1) and                  statute directly imposes on states the
                                               and (J) for the 2008 Lead NAAQS. For
                                                                                                        110(a)(2) for the 2008 Lead (Pb) National              duty to make these SIP submissions,
                                               the aspects of Kentucky’s submittal
                                                                                                        Ambient Air Quality Standards                          and the requirement to make the
                                               proposed for approval today, EPA notes
                                                                                                        (NAAQS)’’ (2011 Lead Infrastructure SIP                submissions is not conditioned upon
                                               that the Agency is not approving any
                                                                                                        Guidance).                                             EPA’s taking any action other than
                                               specific rule, but rather proposing that                    • 110(a)(2)(A): Emission limits and                 promulgating a new or revised NAAQS.
                                               Kentucky’s already approved SIP meets                    other control measures.                                Section 110(a)(2) includes a list of
                                               certain CAA requirements.
                                                                                                                                                               specific elements that ‘‘each such plan’’
                                                                                                          2 Two elements identified in section 110(a)(2) are
                                                                                                                                                               submission must address.
                                                 1 Inthese infrastructure SIP submissions states        not governed by the three year submission deadline
                                               generally certify evidence of compliance with            of section 110(a)(1) because SIPs incorporating
                                                                                                                                                                  EPA has historically referred to these
                                               sections 110(a)(1) and (2) of the CAA through a          necessary local nonattainment area controls are not    SIP submissions made for the purpose
                                               combination of state regulations and statutes, some      due within three years after promulgation of a new     of satisfying the requirements of CAA
                                               of which have been incorporated into the federally-      or revised NAAQS, but rather due at the time the       sections 110(a)(1) and 110(a)(2) as
                                               approved SIP. In addition, certain federally-            nonattainment area plan requirements are due
                                               approved, non-SIP regulations may also be                pursuant to section 172. These requirements are: (1)
                                                                                                                                                               ‘‘infrastructure SIP’’ submissions.
                                                                                                                                                               Although the term ‘‘infrastructure SIP’’
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                                               appropriate for demonstrating compliance with            Submissions required by section 110(a)(2)(C) to the
                                               sections 110(a) (1) and (2). Unless otherwise            extent that subsection refers to a permit program as   does not appear in the CAA, EPA uses
                                               indicated, the Title 15A regulations of the Kentucky     required in part D Title I of the CAA, and (2)         the term to distinguish this particular
                                               Administrative Regulation (‘‘KAR’’) cited                submissions required by section 110(a)(2)(I) which
                                               throughout this rulemaking have been approved            pertain to the nonattainment planning requirements
                                                                                                                                                               type of SIP submission from
                                               into Kentucky’s federally-approved SIP. The              of part D, Title I of the CAA. This proposed
                                                                                                                                                                 3 This rulemaking only addresses requirements
                                               Kentucky Revised Statutes (‘‘KRS’’) cited                rulemaking does not address infrastructure
                                               throughout this rulemaking, however, are not             elements related to section 110(a)(2)(I) or the        for this element as they relate to attainment areas.
                                               approved into the Kentucky SIP unless otherwise          nonattainment planning requirements of                   4 As mentioned above, this element is not

                                               indicated.                                               110(a)(2)(C).                                          relevant to this proposed rulemaking.



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                                                                        Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules                                                       45471

                                               submissions that are intended to satisfy                 pertains to nonattainment SIP                           example, EPA has sometimes elected to
                                               other SIP requirements under the CAA,                    requirements and part D addresses                       act at different times on various
                                               such as ‘‘nonattainment SIP’’ or                         when attainment plan SIP submissions                    elements and sub-elements of the same
                                               ‘‘attainment plan SIP’’ submissions to                   to address nonattainment area                           infrastructure SIP submission.9
                                               address the nonattainment planning                       requirements are due. For example,                         Ambiguities within sections 110(a)(1)
                                               requirements of part D of title I of the                 section 172(b) requires EPA to establish                and 110(a)(2) may also arise with
                                               CAA, ‘‘regional haze SIP’’ submissions                   a schedule for submission of such plans                 respect to infrastructure SIP submission
                                               required by EPA rule to address the                      for certain pollutants when the                         requirements for different NAAQS.
                                               visibility protection requirements of                    Administrator promulgates the                           Thus, EPA notes that not every element
                                               CAA section 169A, and nonattainment                      designation of an area as nonattainment,                of section 110(a)(2) would be relevant,
                                               new source review permit program                         and section 107(d)(1)(B) allows up to                   or as relevant, or relevant in the same
                                               submissions to address the permit                        two years, or in some cases three years,                way, for each new or revised NAAQS.
                                               requirements of CAA, title I, part D.                    for such designations to be                             The states’ attendant infrastructure SIP
                                                  Section 110(a)(1) addresses the timing                promulgated.7 This ambiguity illustrates                submissions for each NAAQS therefore
                                               and general requirements for                             that rather than apply all the stated                   could be different. For example, the
                                               infrastructure SIP submissions, and                      requirements of section 110(a)(2) in a                  monitoring requirements that a state
                                               section 110(a)(2) provides more details                  strict literal sense, EPA must determine                might need to meet in its infrastructure
                                               concerning the required contents of                      which provisions of section 110(a)(2)                   SIP submission for purposes of section
                                               these submissions. The list of required                  are applicable for a particular                         110(a)(2)(B) could be very different for
                                               elements provided in section 110(a)(2)                   infrastructure SIP submission.                          different pollutants because the content
                                               contains a wide variety of disparate                        Another example of ambiguity within                  and scope of a state’s infrastructure SIP
                                               provisions, some of which pertain to                     sections 110(a)(1) and 110(a)(2) with                   submission to meet this element might
                                               required legal authority, some of which                  respect to infrastructure SIPs pertains to              be very different for an entirely new
                                               pertain to required substantive program                  whether states must meet all of the                     NAAQS than for a minor revision to an
                                               provisions, and some of which pertain                    infrastructure SIP requirements in a                    existing NAAQS.10
                                               to requirements for both authority and                   single SIP submission, and whether EPA                     EPA notes that interpretation of
                                               substantive program provisions.5 EPA                     must act upon such SIP submission in                    section 110(a)(2) is also necessary when
                                               therefore believes that while the timing                 a single action. Although section                       EPA reviews other types of SIP
                                               requirement in section 110(a)(1) is                      110(a)(1) directs states to submit ‘‘a                  submissions required under the CAA.
                                               unambiguous, some of the other                           plan’’ to meet these requirements, EPA                  Therefore, as with infrastructure SIP
                                               statutory provisions are ambiguous. In                   interprets the CAA to allow states to                   submissions, EPA also has to identify
                                               particular, EPA believes that the list of                make multiple SIP submissions                           and interpret the relevant elements of
                                                                                                        separately addressing infrastructure SIP                section 110(a)(2) that logically apply to
                                               required elements for infrastructure SIP
                                                                                                        elements for the same NAAQS. If states                  these other types of SIP submissions.
                                               submissions provided in section
                                                                                                        elect to make such multiple SIP                         For example, section 172(c)(7) requires
                                               110(a)(2) contains ambiguities
                                                                                                        submissions to meet the infrastructure                  that attainment plan SIP submissions
                                               concerning what is required for
                                                                                                        SIP requirements, EPA can elect to act                  required by part D have to meet the
                                               inclusion in an infrastructure SIP
                                                                                                        on such submissions either individually                 ‘‘applicable requirements’’ of section
                                               submission.
                                                                                                        or in a larger combined action.8                        110(a)(2). Thus, for example, attainment
                                                  The following examples of
                                                                                                        Similarly, EPA interprets the CAA to                    plan SIP submissions must meet the
                                               ambiguities illustrate the need for EPA
                                                                                                        allow it to take action on the individual               requirements of section 110(a)(2)(A)
                                               to interpret some section 110(a)(1) and
                                                                                                        parts of one larger, comprehensive                      regarding enforceable emission limits
                                               section 110(a)(2) requirements with                                                                              and control measures and section
                                                                                                        infrastructure SIP submission for a
                                               respect to infrastructure SIP                                                                                    110(a)(2)(E)(i) regarding air agency
                                                                                                        given NAAQS without concurrent
                                               submissions for a given new or revised                                                                           resources and authority. By contrast, it
                                                                                                        action on the entire submission. For
                                               NAAQS. One example of ambiguity is                                                                               is clear that attainment plan SIP
                                               that section 110(a)(2) requires that                     relationship between timing requirement of section      submissions required by part D would
                                               ‘‘each’’ SIP submission must meet the                    110(a)(2)(D) versus section 110(a)(2)(I)).              not need to meet the portion of section
                                               list of requirements therein, while EPA                    7 EPA notes that this ambiguity within section
                                                                                                                                                                110(a)(2)(C) that pertains to the PSD
                                               has long noted that this literal reading                 110(a)(2) is heightened by the fact that various
                                                                                                                                                                program required in part C of title I of
                                               of the statute is internally inconsistent                subparts of part D set specific dates for submission
                                                                                                        of certain types of SIP submissions in designated       the CAA, because PSD does not apply
                                               and would create a conflict with the                     nonattainment areas for various pollutants. Note,       to a pollutant for which an area is
                                               nonattainment provisions in part D of                    e.g., that section 182(a)(1) provides specific dates    designated nonattainment and thus
                                               title I of the Act, which specifically                   for submission of emissions inventories for the
                                                                                                                                                                subject to part D planning requirements.
                                               address nonattainment SIP                                ozone NAAQS. Some of these specific dates are
                                                                                                        necessarily later than three years after promulgation
                                               requirements.6 Section 110(a)(2)(I)                      of the new or revised NAAQS.                              9 On December 14, 2007, the State of Tennessee,
                                                                                                          8 See, e.g., ‘‘Approval and Promulgation of           through the Tennessee Department of Environment
                                                  5 For example: Section 110(a)(2)(E)(i) provides                                                               and Conservation, made a SIP revision to EPA
                                                                                                        Implementation Plans; New Mexico; Revisions to
                                               that states must provide assurances that they have       the New Source Review (NSR) State                       demonstrating that the State meets the requirements
                                               adequate legal authority under state and local law       Implementation Plan (SIP); Prevention of                of sections 110(a)(1) and (2). EPA proposed action
                                               to carry out the SIP; section 110(a)(2)(C) provides      Significant Deterioration (PSD) and Nonattainment       for infrastructure SIP elements (C) and (J) on
                                               that states must have a SIP-approved program to          New Source Review (NNSR) Permitting,’’ 78 FR            January 23, 2012 (77 FR 3213) and took final action
                                               address certain sources as required by part C of title                                                           on March 14, 2012 (77 FR 14976). On April 16,
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                                                                                                        4339 (January 22, 2013) (EPA’s final action
                                               I of the CAA; and section 110(a)(2)(G) provides that     approving the structural PSD elements of the New        2012 (77 FR 22533) and July 23, 2012 (77 FR
                                               states must have legal authority to address              Mexico SIP submitted by the State separately to         42997), EPA took separate proposed and final
                                               emergencies as well as contingency plans that are        meet the requirements of EPA’s 2008 PM2.5 NSR           actions on all other section 110(a)(2) infrastructure
                                               triggered in the event of such emergencies.              rule), and ‘‘Approval and Promulgation of Air           SIP elements of Tennessee’s December 14, 2007
                                                  6 See, e.g., ‘‘Rule To Reduce Interstate Transport    Quality Implementation Plans; New Mexico;               submittal.
                                               of Fine Particulate Matter and Ozone (Clean Air          Infrastructure and Interstate Transport                   10 For example, implementation of the 1997 PM
                                                                                                                                                                                                                    2.5
                                               Interstate Rule); Revisions to Acid Rain Program;        Requirements for the 2006 PM2.5 NAAQS,’’ (78 FR         NAAQS required the deployment of a system of
                                               Revisions to the NOX SIP Call; Final Rule,’’ 70 FR       4337) (January 22, 2013) (EPA’s final action on the     new monitors to measure ambient levels of that new
                                               25162, at 25163–65 (May 12, 2005) (explaining            infrastructure SIP for the 2006 PM2.5 NAAQS).           indicator species for the new NAAQS.



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                                               45472                    Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules

                                               As this example illustrates, each type of                infrastructure SIP submissions need to                 deficiency. Section 110(k)(5) authorizes
                                               SIP submission may implicate some                        address certain issues and need not                    EPA to issue a ‘‘SIP call’’ whenever the
                                               elements of section 110(a)(2) but not                    address others. Accordingly, EPA                       Agency determines that a state’s SIP is
                                               others.                                                  reviews each infrastructure SIP                        substantially inadequate to attain or
                                                  Given the potential for ambiguity in                  submission for compliance with the                     maintain the NAAQS, to mitigate
                                               some of the statutory language of section                applicable statutory provisions of                     interstate transport, or to otherwise
                                               110(a)(1) and section 110(a)(2), EPA                     section 110(a)(2), as appropriate.13                   comply with the CAA.14 Section
                                               believes that it is appropriate to                          EPA’s approach to review of                         110(k)(6) authorizes EPA to correct
                                               interpret the ambiguous portions of                      infrastructure SIP submissions is to                   errors in past actions, such as past
                                               section 110(a)(1) and section 110(a)(2)                  identify the CAA requirements that are                 approvals of SIP submissions.15
                                               in the context of acting on a particular                 logically applicable to that submission.               Significantly, EPA’s determination that
                                               SIP submission. In other words, EPA                      EPA believes that this approach to the                 an action on a state’s infrastructure SIP
                                               assumes that Congress could not have                     review of a particular infrastructure SIP              submission is not the appropriate time
                                               intended that each and every SIP                         submission is appropriate, because it                  and place to address all potential
                                               submission, regardless of the NAAQS in                   would not be reasonable to read the                    existing SIP deficiencies does not
                                               question or the history of SIP                           general requirements of section                        preclude EPA’s subsequent reliance on
                                               development for the relevant pollutant,                  110(a)(1) and the list of elements in                  provisions in section 110(a)(2) as part of
                                               would meet each of the requirements, or                  110(a)(2) as requiring review of each                  the basis for action to correct those
                                               meet each of them in the same way.                       and every provision of a state’s existing              deficiencies at a later time. For example,
                                               Therefore, EPA has adopted an                            SIP against all requirements in the CAA                although it may not be appropriate to
                                               approach under which it reviews                          and EPA regulations merely for                         require a state to eliminate all existing
                                               infrastructure SIP submissions against                   purposes of assuring that the state in                 inappropriate director’s discretion
                                               the list of elements in section 110(a)(2),               question has the basic structural                      provisions in the course of acting on an
                                               but only to the extent each element                      elements for a functioning SIP for a new               infrastructure SIP submission, EPA
                                               applies for that particular NAAQS.                       or revised NAAQS. Because SIPs have                    believes that section 110(a)(2)(A) may be
                                                  Historically, EPA has elected to use                  grown by accretion over the decades as                 among the statutory bases that EPA
                                               guidance documents to make                               statutory and regulatory requirements                  relies upon in the course of addressing
                                               recommendations to states for                            under the CAA have evolved, they may                   such deficiency in a subsequent
                                               infrastructure SIPs, in some cases                       include some outmoded provisions and                   action.16
                                               conveying needed interpretations on                      historical artifacts. These provisions,
                                                                                                        while not fully up to date, nevertheless               IV. What is EPA’s analysis of how
                                               newly arising issues and in some cases                                                                          Kentucky addressed the elements of
                                               conveying interpretations that have                      may not pose a significant problem for
                                                                                                        the purposes of ‘‘implementation,                      sections 110(a)(1) and (2)
                                               already been developed and applied to                                                                           ‘‘infrastructure’’ provisions?
                                               individual SIP submissions for                           maintenance, and enforcement’’ of a
                                                                                                        new or revised NAAQS when EPA                             The Kentucky infrastructure
                                               particular elements.11 EPA issued the
                                                                                                        evaluates adequacy of the infrastructure               submission addresses the provisions of
                                               Lead Infrastructure SIP Guidance on
                                                                                                        SIP submission. EPA believes that a                    sections 110(a)(1) and (2) as described
                                               October 14, 2011.12 EPA developed this
                                                                                                        better approach is for states and EPA to               below.
                                               document to provide states with up-to-                                                                             1. 110(a)(2)(A) Emission limits and
                                               date guidance for the 2008 Lead                          focus attention on those elements of
                                                                                                        section 110(a)(2) of the CAA most likely               other control measures: There are
                                               infrastructure SIPs. Within this                                                                                several provisions within Kentucky’s
                                                                                                        to warrant a specific SIP revision due to
                                               guidance, EPA describes the duty of                                                                             regulations that provide KY DAQ with
                                                                                                        the promulgation of a new or revised
                                               states to make infrastructure SIP                                                                               the necessary authority to adopt and
                                                                                                        NAAQS or other factors.
                                               submissions to meet basic structural SIP
                                                                                                           Finally, EPA believes that its
                                               requirements within three years of                                                                                 14 For example, EPA issued a SIP call to Utah to
                                                                                                        approach with respect to infrastructure
                                               promulgation of a new or revised                                                                                address specific existing SIP deficiencies related to
                                                                                                        SIP requirements is based on a
                                               NAAQS. EPA also made                                                                                            the treatment of excess emissions during SSM
                                                                                                        reasonable reading of sections 110(a)(1)               events. See ‘‘Finding of Substantial Inadequacy of
                                               recommendations about many specific
                                                                                                        and 110(a)(2) because the CAA provides                 Implementation Plan; Call for Utah State
                                               subsections of section 110(a)(2) that are                                                                       Implementation Plan Revisions,’’ 74 FR 21639
                                                                                                        other avenues and mechanisms to
                                               relevant in the context of infrastructure                                                                       (April 18, 2011).
                                                                                                        address specific substantive deficiencies
                                               SIP submissions. The guidance also                                                                                 15 EPA has used this authority to correct errors in
                                                                                                        in existing SIPs. These other statutory                past actions on SIP submissions related to PSD
                                               discusses the substantively important
                                                                                                        tools allow EPA to take appropriately                  programs. See ‘‘Limitation of Approval of
                                               issues that are germane to certain                                                                              Prevention of Significant Deterioration Provisions
                                                                                                        tailored action, depending upon the
                                               subsections of section 110(a)(2).                                                                               Concerning Greenhouse Gas Emitting-Sources in
                                                                                                        nature and severity of the alleged SIP
                                               Significantly, EPA interprets sections                                                                          State Implementation Plans; Final Rule,’’ 75 FR
                                               110(a)(1) and 110(a)(2) such that                                                                               82536 (December 30, 2010). EPA has previously
                                                                                                          13 Although not intended to provide guidance for
                                                                                                                                                               used its authority under CAA section 110(k)(6) to
                                                                                                        purposes of infrastructure SIP submissions for the     remove numerous other SIP provisions that the
                                                  11 EPA notes, however, that nothing in the CAA
                                                                                                        2008 Lead NAAQS, EPA notes that, following the         Agency determined it had approved in error. See,
                                               requires EPA to provide guidance or to promulgate        2011 Lead Infrastructure SIP Guidance, EPA issued      e.g., 61 FR 38664 (July 25, 1996) and 62 FR 34641
                                               regulations for infrastructure SIP submissions. The      the ‘‘Guidance on Infrastructure State                 (June 27, 1997) (corrections to American Samoa,
                                               CAA directly applies to states and requires the          Implementation Plan (SIP) Elements under Clean         Arizona, California, Hawaii, and Nevada SIPs); 69
                                               submission of infrastructure SIP submissions,            Air Act Sections 110(a)(1) and 110(a)(2).’’            FR 67062 (November 16, 2004) (corrections to
                                               regardless of whether or not EPA provides guidance
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                                                                                                        Memorandum from Stephen D. Page, September 13,         California SIP); and 74 FR 57051 (November 3,
                                               or regulations pertaining to such submissions. EPA       2013. This 2013 guidance provides                      2009) (corrections to Arizona and Nevada SIPs).
                                               elects to issue such guidance in order to assist         recommendations for air agencies’ development and         16 See, e.g., EPA’s disapproval of a SIP submission
                                               states, as appropriate.                                  the EPA’s review of infrastructure SIPs for the 2008   from Colorado on the grounds that it would have
                                                  12 ‘‘Guidance on Infrastructure State                 ozone primary and secondary NAAQS, the 2010            included a director’s discretion provision
                                               Implementation Plan (SIP) Elements Required              primary nitrogen dioxide (NO2) NAAQS, the 2010         inconsistent with CAA requirements, including
                                               under Clean Air Act Sections 110(a)(1) and               primary sulfur dioxide (SO2) NAAQS, and the 2012       section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344
                                               110(a)(2) for the 2008 Lead (Pb) National Ambient        primary fine particulate matter (PM2.5) NAAQS, as      (July 21, 2010) (proposed disapproval of director’s
                                               Air Quality Standards (NAAQS),’’ Memorandum              well as infrastructure SIPs for new or revised         discretion provisions); 76 FR 4540 (Jan. 26, 2011)
                                               from Stephen D. Page, October 14, 2001.                  NAAQS promulgated in the future.                       (final disapproval of such provisions).



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                                                                        Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules                                          45473

                                               enforce air quality controls, which                      upon request. 401 KAR 50:050                          Permits, Registrations, and Prohibitory
                                               include enforceable emission                             Monitoring and KRS 224.10–100(22)                     Rules, which pertain to the construction
                                               limitations and other control measures.                  along with the Kentucky Annual                        of new stationary sources or any project
                                               Some sections but not all of the                         Monitoring Network Plan, provide for                  at an existing stationary source. In this
                                               following chapters,17 provide the state                  an ambient air quality monitoring                     action, EPA is only proposing to
                                               the necessary authority; 401 KAR                         system in the State, which includes the               approve the enforcement and the
                                               Chapter 50 General Administrative                        monitoring of lead at appropriate                     regulation of minor sources and minor
                                               Procedures 401 KAR 51 Attainment and                     locations throughout the state using the              modifications aspects of Kentucky’s
                                               Maintenance of the National Ambient                      EPA approved Federal Reference                        section 110(a)(2)(C) infrastructure SIP
                                               Air Quality Standards, 401 KAR 52                        Method or equivalent monitors. 401                    submission.
                                               Permits, Registrations, and Prohibitory                  KAR Chapter 50 General Administrative                    Enforcement: KY DAQ’s above-
                                               Rules, and 401 KAR 53 Ambient Air                        Procedures also provides Kentucky with                described, SIP-approved regulations
                                               Quality. EPA has made the preliminary                    the statutory authority to ‘‘determine by             provide for enforcement of lead
                                               determination that these provisions and                  means of field sampling and other                     emission limits and control measures
                                               Kentucky’s practices are adequate to                     studies, including the examination of                 and construction permitting for new or
                                               protect the 2008 Lead NAAQS in the                       available data collected by any local,                modified stationary sources.
                                               Commonwealth.                                            State or federal agency or any person,                   Preconstruction PSD Permitting for
                                                  In this action, EPA is not proposing to               the degree of air contamination and air               Major Sources: With respect to
                                               approve or disapprove any existing                       pollution in the State and the several                Kentucky’s July 17, 2012, infrastructure
                                               Kentucky provisions with regard to                       areas of the State.’’ The monitors are all            SIP submission related to the
                                               excess emissions during startup,                         part of the Air Quality Systems (AQS)                 preconstruction PSD permitting
                                               shutdown and malfunction (SSM) of                        and identification numbers. Annually,                 requirements for major sources of
                                               operations at a facility. EPA believes                   States develop and submit to EPA for                  section 110(a)(2)(C), EPA took final
                                               that a number of states have SSM                         approval statewide ambient monitoring                 action to approve these provisions for
                                               provisions which are contrary to the                     network plans consistent with the                     the 2008 Lead NAAQS on March 18,
                                               CAA and existing EPA guidance, ‘‘State                   requirements of 40 CFR parts 50, 53,                  2015. See 80 FR 14019.
                                               Implementation Plans: Policy Regarding                   and 58. The annual network plan                          Regulation of minor sources and
                                               Excess Emissions During Malfunctions,                    involves an evaluation of any proposed                modifications: Section 110(a)(2)(C) also
                                               Startup, and Shutdown’’ (September 20,                   changes to the monitoring network,                    requires the SIP to include provisions
                                               1999), and the Agency is addressing                      includes the annual ambient monitoring                that govern the minor source pre-
                                               such state regulations in a separate                     network design plan and a certified                   construction program that regulates
                                               action.18 In the meantime, EPA                           evaluation of the agency’s ambient                    emissions of the 2008 Lead NAAQS.
                                               encourages any state having a deficient                                                                        Regulation 401 KAR 52:030 governs the
                                                                                                        monitors and auxiliary support
                                                                                                                                                              preconstruction permitting of
                                               SSM provision to take steps to correct                   equipment.19 The latest monitoring
                                                                                                                                                              modifications and construction of minor
                                               it as soon as possible.                                  network plan for Kentucky was
                                                  Additionally, in this action, EPA is                                                                        stationary sources.
                                                                                                        submitted to EPA on June 30, 2014, and                   EPA has made the preliminary
                                               not proposing to approve or disapprove                   on October 30, 2014, EPA approved this                determination that Kentucky’s SIP and
                                               any existing State rules with regard to                  plan. Kentucky’s approved monitoring                  practices are adequate for enforcement
                                               director’s discretion or variance                        network plan can be accessed at                       of control measures and regulation of
                                               provisions. In the meantime, EPA                         www.regulations.gov using Docket ID                   minor sources and modifications related
                                               encourages any state having a director’s                 No. EPA–R04–OAR–2014–0443. EPA                        to the 2008 Lead NAAQS.
                                               discretion or variance provision which                   has made the preliminary determination                   4. 110(a)(2)(D)(i) and (ii) Interstate
                                               is contrary to the CAA and EPA                           that Kentucky’s SIP and practices are                 and International transport provisions:
                                               guidance to take steps to correct the                    adequate for the ambient air quality                  Section 110(a)(2)(D)(i) has two
                                               deficiency as soon as possible.                          monitoring and data system related to                 components; 110(a)(2)(D)(i)(I) and
                                                  2. 110(a)(2)(B) Ambient air quality                   the 2008 Lead NAAQS.                                  110(a)(2)(D)(i)(II). Each of these
                                               monitoring/data system: SIPs are                           3. 110(a)(2)(C) Program for                         components have two subparts resulting
                                               required to provide for the                              enforcement, PSD, and NSR: This                       in four distinct components, commonly
                                               establishment and operation of ambient                   element consists of three sub-elements;               referred to as ‘‘prongs,’’ that must be
                                               air quality monitors; the compilation                    enforcement, state-wide regulation of                 addressed in infrastructure SIP
                                               and analysis of ambient air quality data;                new and modified minor sources and                    submissions. The first two prongs,
                                               and the submission of these data to EPA                  minor modifications of major sources;                 which are codified in section
                                                                                                        and preconstruction permitting of major               110(a)(2)(D)(i)(I), are provisions that
                                                 17 There are various chapters from the Kentucky
                                                                                                        sources and major modifications in                    prohibit any source or other type of
                                               submittal cited to throughout this document as
                                               showing that Kentucky meets the infrastructure
                                                                                                        areas designated attainment or                        emissions activity in one state from
                                               requirements. To see exactly what sections               unclassifiable for the subject NAAQS as               contributing significantly to
                                               Kentucky cited in each chapter, refer to the             required by CAA title I part C (i.e., the             nonattainment of the NAAQS in another
                                               submittal which can be accessed at                       major source PSD program). To meet
                                               www.regulations.gov using Docket ID No. EPA–                                                                   state (‘‘prong 1’’), and interfering with
                                               R04–OAR–2014–0443.
                                                                                                        these obligations, Kentucky cited                     maintenance of the NAAQS in another
                                                 18 On May 22, 2015, the EPA Administrator              regulations 401 KAR 50:060. The                       state (‘‘prong 2’’). The third and fourth
                                                                                                        enforcement aspect of 110(a)(2)(C)
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                                               signed a final action entitled, ‘‘State                                                                        prongs, which are codified in section
                                               Implementation Plans: Response to Petition for           provides for enforcement of the terms                 110(a)(2)(D)(i)(II), are provisions that
                                               Rulemaking; Restatement and Update of EPA’s SSM          and conditions of permits and
                                               Policy Applicable to SIPs; Findings of Substantial                                                             prohibit emissions activity in one state
                                               Inadequacy; and SIP Calls to Amend Provisions            compliance schedules, and 401 KAR 52                  interfering with measures required to
                                               Applying to Excess Emissions During Periods of                                                                 prevent significant deterioration of air
                                               Startup, Shutdown, and Malfunction.’’ The                  19 On occasion, proposed changes to the

                                               prepublication version of this rule is available at      monitoring network are evaluated outside of the
                                                                                                                                                              quality in another state (‘‘prong 3’’), or
                                               http://www.epa.gov/airquality/urbanair/sipstatus/        network plan approval process in accordance with      to protect visibility in another state
                                               emissions.html.                                          40 CFR part 58.                                       (‘‘prong 4’’). Section 110(a)(2)(D)(ii)


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                                               45474                    Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules

                                               requires SIPs to include provisions                      are expected to be limited to short                   commitments and the current status of
                                               insuring compliance with sections 115                    distances from the source. The 2011                   these commitments for fiscal year 2013.
                                               and 126 of the Act, relating to interstate               Lead Infrastructure SIP Guidance notes                The letter EPA submitted to Kentucky
                                               and international pollution abatement.                   that the lead constituent of PM would                 can be accessed at www.regulations.gov
                                                  110(a)(2)(D)(i)(I) prongs 1 and 2:                    likely not travel far enough to affect                using Docket ID No. EPA–R04–OAR–
                                               Section 110(a)(2)(D)(i) requires                         Class 1 areas and that the visibility                 2014–0443. Annually, states update
                                               infrastructure SIP submissions to                        provisions of the CAA do not directly                 these grant commitments based on
                                               include provisions prohibiting any                       regulate lead. Lead stationary sources in             current SIP requirements, air quality
                                               source or other type of emissions                        Kentucky are located distances from                   planning, and applicable requirements
                                               activity in one state from contributing                  Class I areas such that visibility impacts            related to the NAAQS. Kentucky
                                               significantly to nonattainment in, or                    are negligible. Accordingly, EPA has                  satisfactorily met all commitments
                                               interfering with maintenance of the                      preliminarily determined that the                     agreed to in the Air Planning Agreement
                                               NAAQS in another state. The physical                     Kentucky SIP meets the relevant                       for fiscal year 2013, therefore
                                               properties of lead prevent lead                          visibility requirements of prong 4 of                 Kentucky’s grants were finalized and
                                               emissions from experiencing that same                    section 110(a)(2)(D)(i).                              closed out.
                                               travel or formation phenomena as PM2.5                      110(a)(2)(D)(ii) Interstate and                       Section 110(a)(2)(E)(ii) requires that
                                               and ozone for interstate transport as                    International transport provisions: With              Kentucky comply with section 128 of
                                               outlined in prongs 1 and 2. More                         regard to section 110(a)(2)(D)(ii), section           the CAA. Section 128 requires that: (1)
                                               specifically, there is a sharp decrease in               6 of KAR Chapter 52:100, Public,                      The majority of members of the state
                                               the lead concentrations, at least in the                 Affected State, and US EPA Review,                    board or body which approves permits
                                               coarse fraction, as the distance from a                  outlines how Kentucky will notify                     or enforcement orders represent the
                                               lead source increases. EPA believes that                 neighboring states of potential impacts               public interest and do not derive any
                                               the requirements of prongs 1 and 2 can                   from new or modified sources. Further,                significant portion of their income from
                                               be satisfied through a state’s assessment                EPA is unaware of any pending                         persons subject to permitting or
                                               as to whether a lead source located                      obligations for the Commonwealth                      enforcement orders under the CAA; and
                                               within its State in close proximity to a                 pursuant to sections 115 or 126 of the                (2) any potential conflicts of interest by
                                               state border has emissions that                          CAA. EPA has made the preliminary                     such board or body, or the head of an
                                               contribute significantly to the                          determination that Kentucky DAQ’s SIP                 executive agency with similar, powers
                                               nonattainment or interfere with                          and practices are adequate for insuring               be adequately disclosed.
                                               maintenance of the NAAQS in the                          compliance with the applicable                           KY DAQ’s infrastructure SIP
                                               neighboring state. For example, EPA’s                    requirements relating to interstate and               submission adequately demonstrated
                                               experience suggests that sources located                 international pollution abatement for                 that Kentucky’s SIP meets the
                                               more than two miles from the state                       the 2008 Lead NAAQS. Accordingly,                     applicable section 128 requirements
                                               border or that sources that emit less                    EPA is proposing to approve Kentucky’s                pursuant to section 110(a)(2)(E)(ii).
                                                                                                        infrastructure SIP submission with                       For purposes of section 128(a)(1),
                                               than 0.5 tons per year (tpy) generally
                                                                                                        respect to section 110(a)(2)(D)(ii).                  Kentucky has no boards or bodies with
                                               appear unlikely to contribute
                                                                                                           5. 110(a)(2)(E) Adequate personnel,                authority over air pollution permits or
                                               significantly to the nonattainment in
                                                                                                        funding, and authority: Section                       enforcement actions. Such matters are
                                               another state. Kentucky has one lead
                                                                                                        110(a)(2)(E) requires that each                       instead handled by the Director of the
                                               source that has emissions which exceed                                                                         KY DAQ. As such, a ‘‘board or body’’ is
                                                                                                        implementation plan provide (i)
                                               0.5 tpy, however, the source is located                                                                        not responsible for approving permits or
                                                                                                        necessary assurances that the State will
                                               about 50 miles from the border.20 As a                                                                         enforcement orders in Kentucky, and
                                                                                                        have adequate personnel, funding, and
                                               result of its distance to the border, EPA                                                                      the requirements of section 128(a)(1) are
                                                                                                        authority under state law to carry out its
                                               believes it is unlikely to contribute                                                                          not applicable. For purposes of section
                                                                                                        implementation plan, (ii) that the State
                                               significantly to the nonattainment or                                                                          128(a)(2), Kentucky’s SIP has been
                                                                                                        comply with the requirements
                                               interfere with maintenance of the                                                                              updated. On October 3, 2012, EPA
                                                                                                        respecting State Boards pursuant to
                                               NAAQS in another state. Therefore, EPA                   section 128 of the Act, and (iii)                     finalized approval of KY DAQ’s July 17,
                                               has made the preliminary determination                   necessary assurances that, where the                  2012, SIP revision requesting
                                               that Kentucky’s SIP meets the                            State has relied on a local or regional               incorporation of KRS Chapters 11A.020,
                                               requirements of section                                  government, agency, or instrumentality                11A.030, 11A.040 and Chapters 224.10–
                                               110(a)(2)(D)(i)(I).                                      for the implementation of any plan                    020 and 224.10–100 into the SIP to
                                                  110(a)(2)(D)(i)(II) Prong 3: With                     provision, the State has responsibility               address sub-element 110(a)(2)(E)(ii). See
                                               respect to Kentucky’s July 17, 2012                      for ensuring adequate implementation                  77 FR 60307. With the incorporation of
                                               infrastructure SIP submission related to                 of such plan provisions. EPA is                       these regulations into the Kentucky SIP,
                                               the interstate transport requirements for                proposing to approve Kentucky’s SIP as                EPA has made the preliminary
                                               PSD of prong 3 of section 110(a)(2)(D)(i),               meeting the requirements of sub-                      determination that the Commonwealth
                                               EPA took final action to approve this                    elements 110(a)(2)(E)(i), (ii) and (iii).             has adequately addressed the
                                               portion of Kentucky’s submission for                     EPA’s rationale for this proposal                     requirements of section 128(a)(2), and
                                               the 2008 Lead NAAQS on March 18,                         respecting sub-element (i), (ii),and(iii) is          accordingly has met the infrastructure
                                               2015. See 80 FR 14019.                                   described in turn below.                              SIP requirements of section
                                                  110(a)(2)(D)(i)(II) prong 4: With regard                 To satisfy the requirements of sections            110(a)(2)(E)(ii). Therefore, EPA is
                                               to section 110(a)(2)(D)(i)(II), the
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                                                                                                        110(a)(2)(E)(i) and (iii), Kentucky’s                 proposing to approve KY DAQ’s SIP as
                                               visibility sub-element, referred to as                   infrastructure SIP submission cites                   meeting the requirements of sub-
                                               prong 4, significant visibility impacts                  regulation 401 KAR 50:038 Air                         elements 110(a)(2)(E)(i), (ii) and (iii).
                                               from stationary source lead emissions                    Emissions Fee, which provides the                        6. 110(a)(2)(F) Stationary source
                                                 20 The one facility in Kentucky that has lead
                                                                                                        assessment fees necessary to fund the                 monitoring system: KY DAQ’s
                                               emissions greater than 0.5 tpy is the EnerSys facility
                                                                                                        state Title V permit program. EPA                     infrastructure SIP submission describes
                                               located at 761 Eastern Bypass Richmond, KY 40475.        submitted a letter to Kentucky on                     how the State establishes requirements
                                               The lead emissions from this facility are 0.55 tpy.      February 27, 2014, outlining 105 grant                for emissions compliance testing and


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                                                                        Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules                                          45475

                                               utilizes emissions sampling and                          section 303 of the CAA and adequate                   regulations prescribing the procedure to
                                               analysis. It further describes how the                   contingency plans to implement such                   be followed in the issuance of such
                                               State ensures the quality of its data                    authority. Kentucky’s infrastructure SIP              orders. The secretary shall immediately
                                               through observing emissions and                          submission cites 401 KAR Chapter 55                   notify the Governor of any order issued
                                               monitoring operations. KY DAQ uses                       Emergency Episodes as identifying air                 pursuant to this section.’’ EPA has made
                                               these data to track progress towards                     pollution emergency episodes and                      the preliminary determination that
                                               maintaining the NAAQS, develop                           preplanned abatement strategies, and                  Kentucky’s SIP and practices are
                                               control and maintenance strategies,                      providing the means to implement                      adequate to satisfy the emergency
                                               identify sources and general emission                    emergency air pollution episode                       powers obligations of the 2008 Lead
                                               levels, and determine compliance with                    measures. Conditions justifying the                   NAAQS.
                                               emission regulations and additional                      proclamation of an air pollution alert,                 8. 110(a)(2)(H) Future SIP revisions:
                                               EPA requirements. KY DAQ meets these                     air pollution warning, or air pollution               KY DAQ is responsible for adopting air
                                               requirements through KY DAQ 401 KAR                      emergency shall be deemed to exist                    quality rules and revising SIPs as
                                               50:050 Monitoring. These requirements                    whenever the cabinet determines that                  needed to attain or maintain the
                                               are incorporated into the SIP at Chapter                 the accumulation of air contaminants in               NAAQS in Kentucky. 401 KAR Chapter
                                               50 General Administrative Procedures                     any place is attaining or has attained                53 Ambient Air Quality and Chapter 51
                                               allows for the use of credible evidence                  levels which could, if such levels are                Attainment and Maintenance of the
                                               in the event that the KY DAQ Director                    sustained or exceeded, present a threat               National Ambient Air Quality
                                               has evidence that a source is violating                  to the health of the public. The intent               Standards grant KY DAQ the broad
                                               an emission standard or permit                                                                                 authority to implement the CAA, and as
                                                                                                        of this administrative regulation is to
                                               condition, the Director may require that                                                                       such, provides KY DAQ the authority to
                                                                                                        provide for the curtailment or reduction
                                               the owner or operator of any source                                                                            prepare and develop, after proper study,
                                                                                                        of processes or operations which emit
                                               submit to the Director any information                                                                         a comprehensive plan for the prevention
                                                                                                        an air contaminant or an air
                                               necessary to determine the compliance                                                                          of air pollution. These statutes also
                                                                                                        contaminant precursor whose criteria
                                               status of the source. In addition, EPA is                                                                      provide KY DAQ the ability and
                                                                                                        has been reached and are located in the
                                               unaware of any provision preventing the                                                                        authority to respond to calls for SIP
                                                                                                        affected area for which an episode level
                                               use of credible evidence in the                                                                                revisions, and has provided a number of
                                                                                                        has been declared. This rule defines
                                               Kentucky SIP.                                                                                                  SIP revisions over the years for
                                                                                                        what an episodic criteria is and the                  implementation of the NAAQS.
                                                  In addition, Kentucky is required to
                                               submit emissions data to EPA for                         procedure for an episode declaration. In              Accordingly, EPA has made the
                                               purposes of the National Emissions                       addition, KRS 224.10–410 provides:                    preliminary determination that
                                               Inventory (NEI). The NEI is EPA’s                        ‘‘Notwithstanding any inconsistent                    Kentucky’s SIP and practices adequately
                                               central repository for air emissions data.               provisions of law, whenever the                       demonstrate a commitment to provide
                                               EPA published the Air Emissions                          Secretary of the Energy and                           future SIP revisions related to the 2008
                                               Reporting Rule (AERR) on December 5,                     Environment Cabinet finds, after                      Lead NAAQS, when necessary.
                                               2008, which modified the requirements                    investigation, that any person or                       9. 110(a)(2)(J): EPA is proposing to
                                               for collecting and reporting air                         combination of persons is causing,                    approve Kentucky’s infrastructure SIP
                                               emissions data. See 73 FR 76539. The                     engaging in or maintaining a condition                for the 2008 Lead NAAQS with respect
                                               AERR shortened the time states had to                    or activity which, in his judgment,                   to the general requirement in section
                                               report emissions data from 17 to 12                      presents a danger to the health or                    110(a)(2)(J) to include a program in the
                                               months, giving states one calendar year                  welfare of the people of the state or                 SIP that provides for meeting the
                                               to submit emissions data. All states are                 results in or is likely to result in damage           applicable consultation requirements of
                                               required to submit a comprehensive                       to natural resources, and relates to the              section 121, the public notification
                                               emissions inventory every three years                    prevention and abatement powers of the                requirements of section 127, and
                                               and report emissions for certain larger                  secretary and it therefore appears to be              visibility protection. With respect to
                                               sources annually through EPA’s online                    prejudicial to the interests of the people            Kentucky’s infrastructure SIP
                                               Emissions Inventory System. States                       of the state to delay action until an                 submission related to the
                                               report emissions data for the six criteria               opportunity for a hearing can be                      preconstruction PSD permitting
                                               pollutants and the precursors that form                  provided, the secretary may, without                  requirements of section 110(a)(2)(J), EPA
                                               them—NOX, sulfur dioxide, ammonia,                       prior hearing, order such person or                   took final action to approve Kentucky’s
                                               lead, carbon monoxide, particulate                       combination of persons by notice, in                  July 17, 2012, 2008 Lead infrastructure
                                               matter, and volatile organic compounds.                  writing wherever practicable or in such               SIP for these requirements on March 18,
                                               Many states also voluntarily report                      other form as in the secretary’s                      2015. See 80 FR 14019. EPA’s rationale
                                               emissions of hazardous air pollutants.                   judgment will reasonably notify such                  for applicable consultation requirements
                                               Kentucky made its latest update to the                   person or combination of persons whose                of section 121, the public notification
                                               2013 NEI on November 11, 2014. EPA                       practices are intended to be proscribed,              requirements of section 127, and
                                               compiles the emissions data,                             to discontinue, abate or alleviate such               visibility is described below.
                                               supplementing it where necessary, and                    condition or activity, and thereupon                    Consultation with government
                                               releases it to the general public through                such person or combination of persons                 officials (121 consultation): Section
                                               the Web site http://www.epa.gov/ttn/                     shall immediately discontinue, abate or               110(a)(2)(J) of the CAA requires states to
                                               chief/eiinformation.html. EPA has made                   alleviate such condition or activity. As              provide a process for consultation with
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                                               the preliminary determination that                       soon as possible thereafter, not to                   local governments, designated
                                               Kentucky’s SIP and practices are                         exceed ten (10) days, the secretary shall             organizations and federal land managers
                                               adequate for the stationary source                       provide the person or combination of                  (FLMs) carrying out NAAQS
                                               monitoring systems obligations for the                   persons an opportunity to be heard and                implementation requirements pursuant
                                               2008 Lead NAAQS.                                         to present proof that such condition or               to section 121 relative to consultation.
                                                 7. 110(a)(2)(G) Emergency episodes:                    activity does not violate the provisions              401 KAR 52 Permits, Registrations, and
                                               This section requires that states                        of this section. The secretary shall adopt            Prohibitory Rules along with the
                                               demonstrate authority comparable with                    any other appropriate rules and                       Regional Haze SIP Plan (which allows


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                                               45476                    Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules

                                               for consultation between appropriate                     NAAQS, the visibility protection and                  the owner or operator receives a permit
                                               state, local, and tribal air pollution                   regional haze program requirements                    for such source, the reasonable costs of
                                               control agencies as well as the                          under part C do not change. EPA thus                  implementing and enforcing the terms
                                               corresponding FLMs), provide for                         does not expect states to address                     and conditions of any such permit (not
                                               consultation with government officials                   visibility in lead infrastructure                     including any court costs or other costs
                                               whose jurisdictions might be affected by                 submittals. Thus, EPA concludes there                 associated with any enforcement
                                               SIP development activities.                              are no new applicable visibility                      action), until such fee requirement is
                                               Implementation of transportation                         protection obligations under section                  superseded with respect to such sources
                                               conformity as outlined in the                            110(a)(2)(J) as a result of the 2008 Lead             by the Administrator’s approval of a fee
                                               consultation procedures requires KY                      NAAQS. Accordingly, EPA is proposing                  program under title V.
                                               DAQ to consult with federal, state and                   to approve section 110(a)(2)(J) of KY                   To satisfy these requirements,
                                               local transportation and air quality                     DAQ’s infrastructure SIP submission                   Kentucky Regulation 401 KAR 50:038
                                               agency officials on the development of                   with respect to visibility.                           Air Emissions Fee, and the Title V
                                               motor vehicle emissions budgets. EPA                        EPA has made the preliminary                       Operating Permit Program
                                               has made the preliminary determination                   determination that Kentucky’s SIP and                 Implementation Protocol dated August
                                               that Kentucky’s SIP and practices                        practices adequately demonstrate the                  13, 1999, is how KY DAQ collects
                                               adequately demonstrate that the State                    State’s ability to meet the requirements              adequate emission fees related to the
                                               meets applicable requirements related to                 of section 110(a)(2)(J) to include a                  cost of administering the air quality
                                               consultation with government officials                   program in the SIP that provides for                  program mandated under Title V of the
                                               for the 2008 Lead NAAQS when                             meeting the applicable requirements of                CAA Amendments of 1990 (Public Law
                                               necessary.                                               section 121 (consultation), section 127               101–549, as amended). Funds collected
                                                  Public notification (127 public                       public notification, and visibility                   in support of the program are used in
                                               notification): To meet the public                        protection.                                           support of review, implementation, and
                                               notification requirements of section                        10. 110(a)(2)(K) Air quality modeling/
                                                                                                                                                              enforcement of PSD/NNSR permits. The
                                               110(a)(2)(J), statutes 401 KAR 51                        data: Section 110(a)(2)(K) of the CAA
                                                                                                                                                              Title V program takes over for the PSD/
                                               Attainment and Maintenance of the                        requires that SIPs provide for
                                                                                                                                                              NNSR permit once the source begin
                                               National Ambient Air Quality                             performing air quality modeling so that
                                                                                                                                                              operating. EPA has made the
                                               Standards and 401 KAR 52 Permits,                        effects on air quality of emissions from
                                                                                                                                                              preliminary determination that
                                               Registrations provides Kentucky with                     NAAQS pollutants can be predicted and
                                                                                                                                                              Kentucky’s practices adequately provide
                                               the authority to declare an emergency                    submission of such data to the USEPA
                                                                                                                                                              for permitting fees related to the 2008
                                               and notify the public accordingly when                   can be made. 401 KAR Chapter 50
                                                                                                                                                              Lead NAAQS, when necessary.
                                               it finds t a generalized condition of                    General Administrative Procedures
                                               water or air pollution which is causing                  require that air modeling be conducted                  12. 110(a)(2)(M) Consultation/
                                               imminent danger to the health or safety                  in accordance with 40 CFR part 51,                    participation by affected local entities:
                                               of the public. For example, 401 KAR                      appendix W ‘‘Guideline on Air Quality                 This element requires states to provide
                                               52:100. Public, Affected State, and U.S.                 Models.’’ These regulations demonstrate               for consultation and participation in SIP
                                               EPA Review of the Kentucky SIP process                   that Kentucky has the authority to                    development by local political
                                               affords the public an opportunity to                     perform air quality modeling and to                   subdivisions affected by the SIP. 401
                                               participate in regulatory and other                      provide relevant data for the purpose of              KAR 52 Permits, Registrations authorize
                                               efforts to improve air quality by holding                predicting the effect on ambient air                  and require KY DAQ to advise, consult,
                                               public hearings for interested persons to                quality of the 2008 Lead NAAQS.                       cooperate and enter into agreements
                                               appear and submit written or oral                        Additionally, Kentucky supports a                     with other agencies of the state, the
                                               comments. EPA also notes that KY DAQ                     regional effort to coordinate the                     Federal Government, other states,
                                               maintains a Web site that provides the                   development of emissions inventories                  interstate agencies, groups, political
                                               public with notice of the health hazards                 and conduct regional modeling for                     subdivisions, and industries affected by
                                               associated with Lead NAAQS                               several NAAQS, including the 2008                     the provisions of this act, rules, or
                                               exceedances, measures the public can                     Lead NAAQS, for the Southeastern                      policies of the department. EPA has
                                               take to help prevent such exceedances,                   states. Taken as a whole, Kentucky’s air              made the preliminary determination
                                               and the ways in which the public can                     quality regulations demonstrate that KY               that Kentucky’s SIP and practices
                                               participate in the regulatory process.                   DAQ has the authority to provide                      adequately demonstrate consultation
                                               See http://air.ky.gov/Pages/default.aspx.                relevant data for the purpose of                      with affected local entities related to the
                                                  EPA has made the preliminary                          predicting the effect on ambient air                  2008 Lead NAAQS, when necessary.
                                               determination that Kentucky’s SIP and                    quality of the 2008 Lead NAAQS. EPA                   V. Proposed Action
                                               practices adequately demonstrate the                     has made the preliminary determination
                                               State’s ability to provide public                        that Kentucky’s SIP and practices                       With the exception of the PSD
                                               notification related to the 2008 Lead                    adequately demonstrate the State’s                    permitting requirements for major
                                               NAAQS when necessary.                                    ability to provide for air quality and                sources contained in sections
                                                  Visibility Protection: The 2011 Lead                  modeling, along with analysis of the                  110(a)(2)(C), prong 3 of (D)(i), and (J),
                                               Infrastructure SIP Guidance notes that                   associated data, related to the 2008 Lead             EPA is proposing to approve that KY
                                               EPA does not generally treat the                         NAAQS when necessary.                                 DAQ’s infrastructure SIP submission,
                                               visibility protection aspects of section                    11. 110(a)(2)(L) Permitting fees: This             submitted July 17, 2012, for the 2008
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                                               110(a)(2)(J) as applicable for purposes of               element necessitates that the SIP require             Lead NAAQS meets the above described
                                               the infrastructure SIP approval process.                 the owner or operator of each major                   infrastructure SIP requirements. EPA is
                                               EPA recognizes that states are subject to                stationary source to pay to the                       proposing to approve these portions of
                                               visibility protection and regional haze                  permitting authority, as a condition of               Kentucky’s infrastructure SIP
                                               program requirements under Part C of                     any permit required under the CAA, a                  submission for the 2008 Lead NAAQS
                                               the Act (which includes sections 169A                    fee sufficient to cover (i) the reasonable            because these aspects of the submission
                                               and 169B). However, in the event of the                  costs of reviewing and acting upon any                are consistent with section 110 of the
                                               establishment of a new primary                           application for such a permit, and (ii) if            CAA.


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                                                                        Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules                                                 45477

                                               VI. Statutory and Executive Order                        implications as specified by Executive                 operation, and special arrangements
                                               Reviews                                                  Order 13175 (65 FR 67249, November 9,                  should be made for deliveries of boxed
                                                  Under the CAA, the Administrator is                   2000), nor will it impose substantial                  information.
                                               required to approve a SIP submission                     direct costs on tribal governments or                  Please see the direct final rule which is
                                               that complies with the provisions of the                 preempt tribal law.                                    located in the Rules section of this
                                               Act and applicable Federal regulations.                  List of Subjects in 40 CFR Part 52                     Federal Register for detailed
                                               42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                             instructions on how to submit
                                                                                                          Environmental protection, Air                        comments.
                                               Thus, in reviewing SIP submissions,
                                                                                                        pollution control, Incorporation by
                                               EPA’s role is to approve state choices,                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                        reference, Intergovernmental relations,
                                               provided that they meet the criteria of                                                                         Lucy Edmondson at telephone number:
                                                                                                        Lead, Reporting and recordkeeping
                                               the CAA. Accordingly, this proposed                                                                             (360) 753–9082, email address:
                                                                                                        requirements.
                                               action merely approves state law as                                                                             edmondson.lucy@epa.gov, or the above
                                               meeting Federal requirements and does                         Authority: 42 U.S.C. 7401 et seq.                 EPA, Region 10 address.
                                               not impose additional requirements                         Dated: July 14, 2015.                                SUPPLEMENTARY INFORMATION: For
                                               beyond those imposed by state law. For                   Heather Mc Teer Toney,                                 further information, please see the
                                               that reason, this proposed action:                       Regional Administrator, Region 4.                      direct final action, of the same title,
                                                  • Is not a significant regulatory action              [FR Doc. 2015–18613 Filed 7–29–15; 8:45 am]            which is located in the Rules section of
                                               subject to review by the Office of                                                                              this Federal Register. The EPA is
                                                                                                        BILLING CODE 6560–50–P
                                               Management and Budget under                                                                                     simultaneously approving the State’s
                                               Executive Orders 12866 (58 FR 51735,                                                                            SIP revision as a direct final rule
                                               October 4, 1993) and 13563 (76 FR 3821,                  ENVIRONMENTAL PROTECTION                               without prior proposal because the EPA
                                               January 21, 2011);                                       AGENCY                                                 views this as a noncontroversial SIP
                                                  • Does not impose an information                                                                             revision and anticipates no adverse
                                               collection burden under the provisions                   40 CFR Part 52                                         comments. A detailed rationale for the
                                               of the Paperwork Reduction Act (44                                                                              approval is set forth in the preamble to
                                                                                                        [EPA–R10–OAR–2015–0323; FRL–9931–15–
                                               U.S.C. 3501 et seq.);                                                                                           the direct final rule. If the EPA receives
                                                                                                        Region 10]
                                                  • Is certified as not having a                                                                               no adverse comments, the EPA will not
                                               significant economic impact on a                         Approval and Promulgation of                           take further action on this proposed
                                               substantial number of small entities                     Implementation Plans; Oregon: Grants                   rule.
                                               under the Regulatory Flexibility Act (5                  Pass Second 10-Year PM10 Limited                          If the EPA receives adverse
                                               U.S.C. 601 et seq.);                                     Maintenance Plan                                       comments, the EPA will withdraw the
                                                  • Does not contain any unfunded                                                                              direct final rule and it will not take
                                               mandate or significantly or uniquely                     AGENCY:  Environmental Protection                      effect. The EPA will address all public
                                               affect small governments, as described                   Agency (EPA).                                          comments in a subsequent final rule
                                               in the Unfunded Mandates Reform Act                      ACTION: Proposed rule.                                 based on this proposed rule. The EPA
                                               of 1995 (Pub. L. 104–4);                                                                                        will not institute a second comment
                                                  • Does not have Federalism                            SUMMARY:   The Environmental Protection
                                                                                                                                                               period on this action. Any parties
                                               implications as specified in Executive                   Agency (EPA) is proposing to approve
                                                                                                                                                               interested in commenting on this action
                                               Order 13132 (64 FR 43255, August 10,                     the limited maintenance plan submitted
                                                                                                                                                               should do so at this time. Please note
                                               1999);                                                   by the State of Oregon on April 22,
                                                                                                                                                               that if we receive adverse comment on
                                                  • Is not an economically significant                  2015, for the Grants Pass maintenance
                                                                                                                                                               an amendment, paragraph, or section of
                                               regulatory action based on health or                     area for particulate matter with an
                                                                                                                                                               this rule and if that provision may be
                                               safety risks subject to Executive Order                  aerodynamic diameter less than or equal
                                                                                                                                                               severed from the remainder of the rule,
                                               13045 (62 FR 19885, April 23, 1997);                     to a nominal 10 micrometers (PM10).
                                                                                                                                                               the EPA may adopt as final those
                                                  • Is not a significant regulatory action              The plan explains how this area will
                                                                                                                                                               provisions of the rule that are not the
                                               subject to Executive Order 13211 (66 FR                  continue to meet the PM10 National
                                                                                                                                                               subject of an adverse comment.
                                               28355, May 22, 2001);                                    Ambient Air Quality Standard for a
                                                  • Is not subject to requirements of                   second 10-year period through 2025.                      Dated: July 8, 2015.
                                               Section 12(d) of the National                            DATES: Comments must be received on                    Dennis J. McLerran,
                                               Technology Transfer and Advancement                      or before August 31, 2015.                             Regional Administrator, Region 10.
                                               Act of 1995 (15 U.S.C. 272 note) because                 ADDRESSES: Submit your comments,                       [FR Doc. 2015–18349 Filed 7–29–15; 8:45 am]
                                               application of those requirements would                  identified by Docket ID No. EPA–R10–                   BILLING CODE 6560–50–P
                                               be inconsistent with the Clean Air Act;                  OAR–2015–0323, by any of the
                                               and                                                      following methods:
                                                  • Does not provide EPA with the                         • Federal eRulemaking Portal: http://                ENVIRONMENTAL PROTECTION
                                               discretionary authority to address, as                   www.regulations.gov: Follow the on-line                AGENCY
                                               appropriate, disproportionate human                      instructions for submitting comments.
                                               health or environmental effects, using                     • Email: edmondson.lucy@epa.gov.                     40 CFR Parts 52 and 81
                                               practicable and legally permissible                        • Mail: Lucy Edmondson, U.S. EPA                     [EPA–R09–OAR–2015–0279; FRL–9930–98–
                                               methods, under Executive Order 12898                     Region 10, Office of Air, Waste and                    Region 9]
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                                               (59 FR 7629, February 16, 1994).                         Toxics, AWT–150, 1200 Sixth Avenue,
                                                  In addition, the Kentucky SIP is not                  Suite 900, Seattle, WA 98101                           Air Plan Approval; California;
                                               approved to apply on any Indian                            • Hand Delivery/Courier: U.S. EPA                    Mammoth Lakes; Redesignation
                                               reservation land or in any other area                    Region 10, 1200 Sixth Avenue, Suite                    Request; PM10 Maintenance Plan
                                               where EPA or an Indian tribe has                         900, Seattle, WA 98101. Attention: Lucy                AGENCY:  Environmental Protection
                                               demonstrated that a tribe has                            Edmondson, Office of Air, Waste and                    Agency (EPA).
                                               jurisdiction. In those areas of Indian                   Toxics, AWT–150. Such deliveries are
                                                                                                                                                               ACTION: Proposed rule.
                                               country, the rule does not have tribal                   only accepted during normal hours of


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Document Created: 2018-02-23 09:30:24
Document Modified: 2018-02-23 09:30:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before August 31, 2015.
ContactZuri Farngalo, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9152. Mr. Farngalo can be reached via electronic mail at [email protected]
FR Citation80 FR 45469 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements

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