80_FR_57324 80 FR 57141 - Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour Ozone NAAQS

80 FR 57141 - Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour Ozone NAAQS

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 183 (September 22, 2015)

Page Range57141-57144
FR Document2015-23657

The Environmental Protection Agency (EPA) is proposing to approve the portion of a draft state implementation plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (DAQ) on April 15, 2015, for parallel processing, that addresses the emissions statement requirements for Kentucky's portion of the Cincinnati, Ohio-Kentucky-Indiana (Cincinnati, OH-KY-IN) 2008 8-hour ozone national ambient air quality standards (NAAQS) nonattainment area (hereinafter referred to as the ``Cincinnati, OH-KY-IN Area'' or ``Area''). Annual emissions reporting (i.e., emissions statements) is required for all ozone nonattainment areas. The Area is comprised of Butler, Clermont, Clinton, Hamilton and Warren Counties in Ohio; portions of Boone, Campbell, and Kenton Counties in Kentucky; and a portion of Dearborn County in Indiana. EPA will consider and take action on the Ohio and Indiana submissions addressing the emissions statements requirements for their portions of this Area in separate actions. This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

Federal Register, Volume 80 Issue 183 (Tuesday, September 22, 2015)
[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Proposed Rules]
[Pages 57141-57144]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0444; FRL-9934-42-Region 4]


Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour 
Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the portion of a draft state implementation plan (SIP) revision 
submitted by the Commonwealth of Kentucky, through the Kentucky 
Division of Air Quality (DAQ) on April 15, 2015, for parallel 
processing, that addresses the emissions statement requirements for 
Kentucky's portion of the Cincinnati, Ohio-Kentucky-Indiana 
(Cincinnati, OH-KY-IN) 2008 8-hour ozone national ambient air quality 
standards (NAAQS) nonattainment area (hereinafter referred to as the 
``Cincinnati, OH-KY-IN Area'' or ``Area''). Annual emissions reporting 
(i.e., emissions statements) is required for all ozone nonattainment 
areas. The Area is comprised of Butler, Clermont, Clinton, Hamilton and 
Warren Counties in Ohio; portions of Boone, Campbell, and Kenton 
Counties in Kentucky; and a portion of Dearborn County in Indiana. EPA 
will consider and take action on the Ohio and Indiana submissions 
addressing the emissions statements requirements for their portions of 
this Area in separate actions. This action is being taken pursuant to 
the Clean Air Act (CAA or Act) and its implementing regulations.

DATES: Written comments must be received on or before October 22, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0444, by one of the following methods:

[[Page 57142]]

    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-2015-0444,'' 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-
2015-0444. 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 may not be 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: Tiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What is parallel processing?

    Consistent with EPA regulations found at 40 CFR part 51, Appendix 
V, section 2.3.1, for purposes of expediting review of a SIP submittal, 
parallel processing allows a state to submit a plan to EPA prior to 
actual adoption by the state. Generally, the state submits a copy of 
the proposed regulation or other revisions to EPA before conducting its 
public hearing. EPA reviews this proposed state action and prepares a 
notice of proposed rulemaking. EPA's notice of proposed rulemaking is 
published in the Federal Register during the same time frame that the 
state is holding its public process. The state and EPA then provide for 
concurrent public comment periods on both the state action and federal 
action.
    If the revision that is finally adopted and submitted by the state 
is changed in aspects other than those identified in the proposed 
rulemaking on the parallel process submission, EPA will evaluate those 
changes and if necessary and appropriate, issue another notice of 
proposed rulemaking. The final rulemaking action by EPA will occur only 
after the SIP revision has been adopted by the state and submitted 
formally to EPA for incorporation into the SIP.
    On April 15, 2015, the State of Kentucky, through Kentucky DAQ, 
submitted a formal letter request for parallel processing of a draft 
SIP revision that the Commonwealth was already taking through public 
comment. Kentucky DAQ requested parallel processing so that EPA could 
begin to take action on its draft SIP revision in advance of the 
Commonwealth's submission of the final SIP revision, should that be 
necessary. As stated above, the final rulemaking action by EPA will 
occur only after the SIP revision has been: (1) Adopted by Kentucky; 
(2) submitted formally to EPA for incorporation into the SIP; and (3) 
evaluated by EPA, including any changes made by the State after the 
April 15, 2015, draft was submitted to EPA.

II. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. The ambient air quality monitoring data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90 percent, and no single year has less 
than 75 percent data completeness as determined in Appendix I of part 
50.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS, 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Cincinnati, OH-KY-IN Area 
was designated nonattainment for the 2008 8-hour ozone NAAQS on April 
30, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality 
data. See 77 FR 30088. At the time of designation, the Cincinnati, OH-
KY-IN Area was classified as a marginal nonattainment area for the 2008 
8-hour ozone NAAQS.

[[Page 57143]]

On March 6, 2015, EPA finalized a rule entitled ``Implementation of the 
2008 National Ambient Air Quality Standards for Ozone: State 
Implementation Plan Requirements'' (SIP Requirements Rule) that 
establishes the requirements that state, tribal, and local air quality 
management agencies must meet as they develop implementation plans for 
areas where air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80 
FR 12264. This rule establishes nonattainment area attainment dates 
based on Table 1 of section 181(a) of the CAA, including an attainment 
date three years after the July 20, 2012, effective date, for areas 
classified as marginal for the 2008 8-hour ozone NAAQS. Therefore, the 
attainment date for the Cincinnati, OH-KY-IN Area is July 20, 2015.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
---------------------------------------------------------------------------

    Based on the nonattainment designation, Kentucky is required to 
develop a nonattainment SIP revision addressing certain CAA 
requirements. Specifically, pursuant to CAA section 182(a)(3)(B), 
Kentucky is required to submit a SIP revision addressing emissions 
statements requirements.
    Ground level ozone is not emitted directly into the air, but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires each state with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NOX or VOC stationary source \2\ located within a 
nonattainment area showing the actual emissions of NOX and 
VOC from that source. The first statement is due three years from the 
area's nonattainment designation, and subsequent statements are due at 
least annually thereafter.
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    \2\ A state may waive the emissions statements requirement for 
any class or category of stationary sources which emit less than 25 
tons per year of VOCs or NOX if the state meets the 
requirements of section 182(a)(3)(B)(ii).
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    On April 15, 2015, Kentucky submitted a draft SIP revision, for 
parallel processing, containing emissions statements requirements 
related to its portion of the Cincinnati, OH-KY-IN Area. EPA is now 
taking action to propose approval of this SIP revision as meeting the 
requirements of section 182(a)(3)(B) of the CAA. More information on 
EPA's analysis of Kentucky's SIP revision is provided below.

III. Analysis of the Commonwealth's Submittal

    Kentucky's April 15, 2015, draft submission seeks to include the 
specific sections of 401 Kentucky Administrative Regulations (KAR) 
52.020--Title V permits, 401 KAR 52:030 Federally-enforceable permits 
for non-major sources, 401 KAR 52:040--State-Origin Permits, and 401 
KAR 52:070--Registration of designated sources identified on pages 8 
and 9 of its submittal into the SIP to meet the emissions statements 
requirements of CAA section 182(a)(3)(B). EPA has preliminarily 
determined that the specific regulatory sections identified on pages 8 
and 9 of the SIP submission, collectively, meet the emissions statement 
requirements of section 182(a)(3)(B) because they require sources that 
emit 25 tons per year or more of VOCs or NOX within the 
Kentucky portion of the Area to submit annual certified statements 
showing actual VOC and NOX emissions.\3\ Consequently, EPA 
is proposing to approve the portion of Kentucky's April 15, 2015, draft 
SIP submission that addresses the emissions statements requirements for 
the Kentucky portion of the Area.
---------------------------------------------------------------------------

    \3\ Kentucky's requirement for an emissions statement program is 
listed within its permitting regulations. Kentucky does not have a 
stand-alone regulation addressing the emissions statement 
requirements of section 182(a)(3)(B).
---------------------------------------------------------------------------

IV. Incorporation By Reference

    In this proposed rule, EPA is proposing to finalize regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is proposing to finalize the 
incorporate by reference of 401 KAR 52:020--Title V permits, Section 22 
entitled ``Annual Emissions Certification'', first sentence only and 
Section 23 entitled ``Certification by Responsible Official'', 
introductory paragraph text and subsection (4) only; 401 KAR 52:030--
Federally-enforceable permits for nonmajor sources, Section 3 entitled 
``General Provisions'', subsection (4) only, Section 22 entitled 
``Certification by Responsible Official'', introductory text and 
subsection (4) only, and Section 25 entitled ``Sources Subject to Title 
V'', subsection (1) introductory text, subsection (1)(c), and 
subsection (2) introductory text only; 401 KAR 52:040--State-Origin 
Permits, Section 3 entitled ``General Provisions'', subsection (2) 
introductory text, subsection (2)(c), and subsection (3) only, Section 
20 entitled ``Annual Emissions Certification for Specified Sources'', 
subsection (1) only, and Section 21 entitled ``Certification by 
Responsible Official'', introductory text and subsection (4) only; and 
401 KAR 52:070--Registration of designated sources, Section 3 entitled 
``General Provisions'', subsection (2) introductory text, subsection 
(2)(a)(1), and subsection (2)(a)(2) first sentence only. EPA has made, 
and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
Region 4 EPA office (see the ADDRESSES section of this preamble for 
more information).

V. Proposed Action

    EPA is proposing to approve the portion of a draft SIP revision 
submitted by Kentucky on April 15, 2015, that addresses the CAA section 
182(a)(3)(B) emissions statements requirements for the Kentucky portion 
of the Cincinnati, OH-KY-IN Area. EPA has preliminarily concluded that 
this portion of the Commonwealth's draft submission meets the 
requirements of sections 110 and 182 of the CAA.

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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);

[[Page 57144]]

     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-23657 Filed 9-21-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Proposed Rules                                                57141

                                               Coordinator (HFS–618), Center for Food                  Pkwy., College Park, MD 20740, or at                  Agriculture under the Federal Meat
                                               Safety and Applied Nutrition, Food and                  any Food and Drug Administration                      Inspection Act (34 Stat. 1256, as
                                               Drug Administration, 5100 Paint Branch                  district office. The completed form(s)                amended by 81 Stat. 584 (21 U.S.C. 601
                                               Pkwy., College Park, MD 20740. These                    shall be submitted to the LACF                        et seq.)) and the Poultry Products
                                               forms also are available on the Food and                Registration Coordinator (HFS–303),                   Inspection Act (71 Stat. 441, as
                                               Drug Administration’s Web site at                       Center for Food Safety and Applied                    amended by 82 Stat. 791 (21 U.S.C. 451
                                               http://www.fda.gov/Food/FoodSafety/                     Nutrition, Food and Drug                              et seq.)).
                                               Product-SpecificInformation/                            Administration, 5100 Paint Branch                     *     *     *     *    *
                                               AcidifiedLow-AcidCanned/Foods/                          Pkwy., College Park, MD 20740. These                    Dated: September 15, 2015.
                                               default.htm. For electronic submission                  forms also are available on the Food and
                                                                                                                                                             Leslie Kux,
                                               go to FDA’s Industry Systems Web site                   Drug Administration’s Web site at
                                                                                                                                                             Associate Commissioner for Policy.
                                               at www.access.fda.gov. Commercial                       http://www.fda.gov/Food/FoodSafety/
                                               processors duly registered in accordance                Product-SpecificInformation/                          [FR Doc. 2015–23614 Filed 9–21–15; 8:45 am]
                                               with this section shall notify the Food                 AcidifiedLow-AcidCannedFoods/                         BILLING CODE 4164–01–P

                                               and Drug Administration not later than                  default.htm. For electronic submission,
                                               90 days after such commercial processor                 go to FDA’s Industry Systems Web site
                                               ceases or discontinues the manufacture,                 at www.access.fda.gov.                                ENVIRONMENTAL PROTECTION
                                               processing, or packing of thermally                     *       *     *     *    *                            AGENCY
                                               processed foods in any establishment:                      (ii) If a packer intentionally makes a
                                               Provided, That such notification shall                                                                        40 CFR Part 52
                                                                                                       change in a previously filed scheduled
                                               not be required as to the temporary                     process by reducing the initial                       [EPA–R04–OAR–2015–0444; FRL–9934–42–
                                               cessation necessitated by the seasonal                  temperature or retort temperature,                    Region 4]
                                               character of the particular                             reducing the time of processing, or
                                               establishment’s production or caused by                 changing the product formulation, the                 Air Plan Approval; KY; Emissions
                                               temporary conditions including but not                  container, or any other condition basic               Statements for the 2008 8-Hour Ozone
                                               limited to strikes, lockouts, fire, or acts             to the adequacy of scheduled process,                 NAAQS
                                               of God.                                                 he shall prior to using such changed                  AGENCY:  Environmental Protection
                                                  (2) Process filing. A commercial                     process obtain substantiation by                      Agency (EPA).
                                               processor engaged in the thermal                        qualified scientific authority as to its              ACTION: Proposed rule.
                                               processing of low-acid foods packaged                   adequacy. Such substantiation may be
                                               in hermetically sealed containers shall,                obtained by telephone, telegram, or                   SUMMARY:    The Environmental Protection
                                               not later than 60 days after registration               other media, but must be promptly                     Agency (EPA) is proposing to approve
                                               and prior to the packing of a new                       recorded, verified in writing by the                  the portion of a draft state
                                               product, provide the Food and Drug                      authority, and contained in the packer’s              implementation plan (SIP) revision
                                               Administration information as to the                    files for review by the Food and Drug                 submitted by the Commonwealth of
                                               scheduled processes including but not                   Administration. Within 30 days after                  Kentucky, through the Kentucky
                                               limited to the processing method, type                  first use, the packer shall submit to the             Division of Air Quality (DAQ) on April
                                               of retort or other thermal processing                   LACF Registration Coordinator (HFS–                   15, 2015, for parallel processing, that
                                               equipment employed, minimum initial                     303), Center for Food Safety and                      addresses the emissions statement
                                               temperatures, times and temperatures of                 Applied Nutrition, Food and Drug                      requirements for Kentucky’s portion of
                                               processing, sterilizing value (Fo), or                  Administration, 5100 Paint Branch                     the Cincinnati, Ohio-Kentucky-Indiana
                                               other equivalent scientific evidence of                 Pkwy., College Park, MD 20740 a                       (Cincinnati, OH-KY-IN) 2008 8-hour
                                               process adequacy, critical control                      complete description of the                           ozone national ambient air quality
                                               factors affecting heat penetration, and                 modifications made and utilized,                      standards (NAAQS) nonattainment area
                                               source and date of the establishment of                 together with a copy of his file record               (hereinafter referred to as the
                                               the process, for each such low-acid food                showing prior substantiation by a                     ‘‘Cincinnati, OH-KY-IN Area’’ or
                                               in each container size: Provided, That                  qualified scientific authority as to the              ‘‘Area’’). Annual emissions reporting
                                               the filing of such information does not                 safety of the changed process. Any                    (i.e., emissions statements) is required
                                               constitute approval of the information                  intentional change of a previously filed              for all ozone nonattainment areas. The
                                               by the Food and Drug Administration,                    scheduled process or modification                     Area is comprised of Butler, Clermont,
                                               and that information concerning                         thereof in which the change consists                  Clinton, Hamilton and Warren Counties
                                               processes and other data so filed shall                 solely of a higher initial temperature, a             in Ohio; portions of Boone, Campbell,
                                               be regarded as trade secrets within the                 higher retort temperature, or a longer                and Kenton Counties in Kentucky; and
                                               meaning of 21 U.S.C. 331(j) and 18                      processing time, shall not be considered              a portion of Dearborn County in
                                               U.S.C. 1905. This information shall be                  a change subject to this paragraph, but               Indiana. EPA will consider and take
                                               submitted on the following forms as                     if that modification is thereafter to be              action on the Ohio and Indiana
                                               appropriate: Form FDA 2541d (Food                       regularly scheduled, the modified                     submissions addressing the emissions
                                               Process Filing for Low-Acid Retorted                    process shall be promptly filed as a                  statements requirements for their
                                               Method), Form FDA 2541f (Food                           scheduled process, accompanied by full                portions of this Area in separate actions.
                                               Process Filing for Water Activity/                      information on the specified forms as                 This action is being taken pursuant to
                                                                                                                                                             the Clean Air Act (CAA or Act) and its
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               Formulation Control Method), or Form                    provided in this paragraph.
                                               FDA 2541g (Food Process Filing for                      *       *     *     *    *                            implementing regulations.
                                               Low-Acid Aseptic Systems). These                           (i) This section shall not apply to the            DATES: Written comments must be
                                               forms are available from the LACF                       commercial processing of any food                     received on or before October 22, 2015.
                                               Registration Coordinator (HFS–303),                     processed under the continuous                        ADDRESSES: Submit your comments,
                                               Center for Food Safety and Applied                      inspection of the meat and poultry                    identified by Docket ID No. EPA–R04–
                                               Nutrition, Food and Drug                                inspection program of the Food Safety                 OAR–2015–0444, by one of the
                                               Administration, 5100 Paint Branch                       Inspection Service of the Department of               following methods:


                                          VerDate Sep<11>2014   14:51 Sep 21, 2015   Jkt 235001   PO 00000   Frm 00036   Fmt 4702   Sfmt 4702   E:\FR\FM\22SEP1.SGM   22SEP1


                                               57142               Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Proposed Rules

                                                  1. www.regulations.gov: Follow the                   viruses. For additional information                   process submission, EPA will evaluate
                                               on-line instructions for submitting                     about EPA’s public docket visit the EPA               those changes and if necessary and
                                               comments.                                               Docket Center homepage at http://                     appropriate, issue another notice of
                                                  2. Email: R4–ARMS@epa.gov.                           www.epa.gov/epahome/dockets.htm.                      proposed rulemaking. The final
                                                  3. Fax: (404) 562–9019.                                 Docket: All documents in the                       rulemaking action by EPA will occur
                                                  4. Mail: ‘‘EPA–R04–OAR–2015–                         electronic docket are listed in the                   only after the SIP revision has been
                                               0444,’’ Air Regulatory Management                       www.regulations.gov index. Although                   adopted by the state and submitted
                                               Section, (formerly the Regulatory                       listed in the index, some information                 formally to EPA for incorporation into
                                               Development Section), Air Planning and                  may not be publicly available, i.e., CBI              the SIP.
                                               Implementation Branch (formerly the                     or other information whose disclosure is                On April 15, 2015, the State of
                                               Air Planning Branch), Air, Pesticides                   restricted by statute. Certain other                  Kentucky, through Kentucky DAQ,
                                               and Toxics Management Division, U.S.                    material, such as copyrighted material,               submitted a formal letter request for
                                               Environmental Protection Agency,                        is not placed on the Internet and will be             parallel processing of a draft SIP
                                               Region 4, 61 Forsyth Street SW.,                        publicly available only in hard copy                  revision that the Commonwealth was
                                               Atlanta, Georgia 30303–8960.                            form. Publicly available docket                       already taking through public comment.
                                                  5. Hand Delivery or Courier: Lynorae                 materials are available either                        Kentucky DAQ requested parallel
                                               Benjamin, Chief, Air Regulatory                         electronically in www.regulations.gov or              processing so that EPA could begin to
                                               Management Section, Air Planning and                    in hard copy at the Air Regulatory                    take action on its draft SIP revision in
                                               Implementation Branch, Air, Pesticides                  Management Section, Air Planning and                  advance of the Commonwealth’s
                                               and Toxics Management Division, U.S.                    Implementation Branch, Air, Pesticides                submission of the final SIP revision,
                                               Environmental Protection Agency,                        and Toxics Management Division, U.S.                  should that be necessary. As stated
                                               Region 4, 61 Forsyth Street SW.,                        Environmental Protection Agency,                      above, the final rulemaking action by
                                               Atlanta, Georgia 30303–8960. Such                       Region 4, 61 Forsyth Street SW.,                      EPA will occur only after the SIP
                                               deliveries are only accepted during the                 Atlanta, Georgia 30303–8960. EPA                      revision has been: (1) Adopted by
                                               Regional Office’s normal hours of                                                                             Kentucky; (2) submitted formally to EPA
                                                                                                       requests that if at all possible, you
                                               operation. The Regional Office’s official                                                                     for incorporation into the SIP; and (3)
                                                                                                       contact the person listed in the FOR
                                               hours of business are Monday through                                                                          evaluated by EPA, including any
                                                                                                       FURTHER INFORMATION CONTACT section to
                                               Friday, 8:30 a.m. to 4:30 p.m., excluding                                                                     changes made by the State after the
                                                                                                       schedule your inspection. The Regional
                                               Federal holidays.                                                                                             April 15, 2015, draft was submitted to
                                                  Instructions: Direct your comments to                Office’s official hours of business are
                                                                                                       Monday through Friday, 8:30 a.m. to                   EPA.
                                               Docket ID No. EPA–R04–OAR–2015–
                                               0444. EPA’s policy is that all comments                 4:30 p.m., excluding Federal holidays.                II. Background
                                               received will be included in the public                 FOR FURTHER INFORMATION CONTACT:                         On March 12, 2008, EPA promulgated
                                               docket without change and may be                        Tiereny Bell, Air Regulatory                          a revised 8-hour ozone NAAQS of 0.075
                                               made available online at                                Management Section, Air Planning and                  parts per million (ppm). See 73 FR
                                               www.regulations.gov, including any                      Implementation Branch, Air, Pesticides                16436 (March 27, 2008). Under EPA’s
                                               personal information provided, unless                   and Toxics Management Division, U.S.                  regulations at 40 CFR part 50, the 2008
                                               the comment includes information                        Environmental Protection Agency,                      8-hour ozone NAAQS is attained when
                                               claimed to be Confidential Business                     Region 4, 61 Forsyth Street SW.,                      the 3-year average of the annual fourth-
                                               Information (CBI) or other information                  Atlanta, Georgia 30303–8960. Ms. Bell                 highest daily maximum 8-hour average
                                               whose disclosure is restricted by statute.              can be reached at (404) 562–9088 and                  ambient air quality ozone
                                               Do not submit through                                   via electronic mail at bell.tiereny@                  concentrations is less than or equal to
                                               www.regulations.gov or email,                           epa.gov.                                              0.075 ppm. See 40 CFR 50.15. Ambient
                                               information that you consider to be CBI                 SUPPLEMENTARY INFORMATION:                            air quality monitoring data for the 3-
                                               or otherwise protected. The                                                                                   year period must meet a data
                                               www.regulations.gov Web site is an                      I. What is parallel processing?                       completeness requirement. The ambient
                                               ‘‘anonymous access’’ system, which                         Consistent with EPA regulations                    air quality monitoring data
                                               means EPA will not know your identity                   found at 40 CFR part 51, Appendix V,                  completeness requirement is met when
                                               or contact information unless you                       section 2.3.1, for purposes of expediting             the average percent of days with valid
                                               provide it in the body of your comment.                 review of a SIP submittal, parallel                   ambient monitoring data is greater than
                                               If you send an email comment directly                   processing allows a state to submit a                 90 percent, and no single year has less
                                               to EPA without going through                            plan to EPA prior to actual adoption by               than 75 percent data completeness as
                                               www.regulations.gov, your email                         the state. Generally, the state submits a             determined in Appendix I of part 50.
                                               address will be automatically captured                  copy of the proposed regulation or other                 Upon promulgation of a new or
                                               and included as part of the comment                     revisions to EPA before conducting its                revised NAAQS, the CAA requires EPA
                                               that is placed in the public docket and                 public hearing. EPA reviews this                      to designate as nonattainment any area
                                               made available on the Internet. If you                  proposed state action and prepares a                  that is violating the NAAQS, based on
                                               submit an electronic comment, EPA                       notice of proposed rulemaking. EPA’s                  the three most recent years of ambient
                                               recommends that you include your                        notice of proposed rulemaking is                      air quality data at the conclusion of the
                                               name and other contact information in                   published in the Federal Register                     designation process. The Cincinnati,
                                               the body of your comment and with any                   during the same time frame that the                   OH-KY-IN Area was designated
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                                               disk or CD–ROM you submit. If EPA                       state is holding its public process. The              nonattainment for the 2008 8-hour
                                               cannot read your comment due to                         state and EPA then provide for                        ozone NAAQS on April 30, 2012
                                               technical difficulties and cannot contact               concurrent public comment periods on                  (effective July 20, 2012) using 2008–
                                               you for clarification, EPA may not be                   both the state action and federal action.             2010 ambient air quality data. See 77 FR
                                               able to consider your comment.                             If the revision that is finally adopted            30088. At the time of designation, the
                                               Electronic files should avoid the use of                and submitted by the state is changed in              Cincinnati, OH-KY-IN Area was
                                               special characters, any form of                         aspects other than those identified in                classified as a marginal nonattainment
                                               encryption, and be free of any defects or               the proposed rulemaking on the parallel               area for the 2008 8-hour ozone NAAQS.


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                                                                   Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Proposed Rules                                          57143

                                               On March 6, 2015, EPA finalized a rule                  related to its portion of the Cincinnati,             subsection (2) introductory text only;
                                               entitled ‘‘Implementation of the 2008                   OH-KY-IN Area. EPA is now taking                      401 KAR 52:040—State-Origin Permits,
                                               National Ambient Air Quality Standards                  action to propose approval of this SIP                Section 3 entitled ‘‘General Provisions’’,
                                               for Ozone: State Implementation Plan                    revision as meeting the requirements of               subsection (2) introductory text,
                                               Requirements’’ (SIP Requirements Rule)                  section 182(a)(3)(B) of the CAA. More                 subsection (2)(c), and subsection (3)
                                               that establishes the requirements that                  information on EPA’s analysis of                      only, Section 20 entitled ‘‘Annual
                                               state, tribal, and local air quality                    Kentucky’s SIP revision is provided                   Emissions Certification for Specified
                                               management agencies must meet as they                   below.                                                Sources’’, subsection (1) only, and
                                               develop implementation plans for areas                                                                        Section 21 entitled ‘‘Certification by
                                                                                                       III. Analysis of the Commonwealth’s
                                               where air quality exceeds the 2008 8-                                                                         Responsible Official’’, introductory text
                                                                                                       Submittal
                                               hour ozone NAAQS.1 See 80 FR 12264.                                                                           and subsection (4) only; and 401 KAR
                                               This rule establishes nonattainment area                   Kentucky’s April 15, 2015, draft                   52:070—Registration of designated
                                               attainment dates based on Table 1 of                    submission seeks to include the specific              sources, Section 3 entitled ‘‘General
                                               section 181(a) of the CAA, including an                 sections of 401 Kentucky                              Provisions’’, subsection (2) introductory
                                               attainment date three years after the July              Administrative Regulations (KAR)                      text, subsection (2)(a)(1), and subsection
                                               20, 2012, effective date, for areas                     52.020—Title V permits, 401 KAR                       (2)(a)(2) first sentence only. EPA has
                                               classified as marginal for the 2008 8-                  52:030 Federally-enforceable permits for              made, and will continue to make, these
                                               hour ozone NAAQS. Therefore, the                        non-major sources, 401 KAR 52:040—                    documents generally available
                                               attainment date for the Cincinnati, OH-                 State-Origin Permits, and 401 KAR                     electronically through
                                               KY-IN Area is July 20, 2015.                            52:070—Registration of designated                     www.regulations.gov and/or in hard
                                                  Based on the nonattainment                           sources identified on pages 8 and 9 of                copy at the Region 4 EPA office (see the
                                               designation, Kentucky is required to                    its submittal into the SIP to meet the                ADDRESSES section of this preamble for
                                               develop a nonattainment SIP revision                    emissions statements requirements of                  more information).
                                               addressing certain CAA requirements.                    CAA section 182(a)(3)(B). EPA has
                                               Specifically, pursuant to CAA section                   preliminarily determined that the                     V. Proposed Action
                                               182(a)(3)(B), Kentucky is required to                   specific regulatory sections identified                 EPA is proposing to approve the
                                               submit a SIP revision addressing                        on pages 8 and 9 of the SIP submission,               portion of a draft SIP revision submitted
                                               emissions statements requirements.                      collectively, meet the emissions                      by Kentucky on April 15, 2015, that
                                                  Ground level ozone is not emitted                    statement requirements of section                     addresses the CAA section 182(a)(3)(B)
                                               directly into the air, but is created by                182(a)(3)(B) because they require                     emissions statements requirements for
                                               chemical reactions between oxides of                    sources that emit 25 tons per year or                 the Kentucky portion of the Cincinnati,
                                               nitrogen (NOX) and volatile organic                     more of VOCs or NOX within the
                                                                                                                                                             OH-KY-IN Area. EPA has preliminarily
                                               compounds (VOC) in the presence of                      Kentucky portion of the Area to submit
                                                                                                                                                             concluded that this portion of the
                                               sunlight. Emissions from industrial                     annual certified statements showing
                                                                                                                                                             Commonwealth’s draft submission
                                               facilities and electric utilities, motor                actual VOC and NOX emissions.3
                                                                                                                                                             meets the requirements of sections 110
                                               vehicle exhaust, gasoline vapors, and                   Consequently, EPA is proposing to
                                                                                                                                                             and 182 of the CAA.
                                               chemical solvents are some of the major                 approve the portion of Kentucky’s April
                                               sources of NOX and VOC. Section                         15, 2015, draft SIP submission that                   VI. Statutory and Executive Order
                                               182(a)(3)(B) of the CAA requires each                   addresses the emissions statements                    Reviews
                                               state with ozone nonattainment areas to                 requirements for the Kentucky portion
                                                                                                                                                               Under the CAA, the Administrator is
                                               submit a SIP revision requiring annual                  of the Area.
                                                                                                                                                             required to approve a SIP submission
                                               emissions statements to be submitted to
                                                                                                       IV. Incorporation By Reference                        that complies with the provisions of the
                                               the state by the owner or operator of
                                                                                                          In this proposed rule, EPA is                      Act and applicable federal regulations.
                                               each NOX or VOC stationary source 2
                                                                                                       proposing to finalize regulatory text that            See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                               located within a nonattainment area
                                                                                                       includes incorporation by reference. In               Thus, in reviewing SIP submissions,
                                               showing the actual emissions of NOX
                                               and VOC from that source. The first                     accordance with requirements of 1 CFR                 EPA’s role is to approve state choices,
                                               statement is due three years from the                   51.5, EPA is proposing to finalize the                provided that they meet the criteria of
                                               area’s nonattainment designation, and                   incorporate by reference of 401 KAR                   the CAA. Accordingly, this action
                                               subsequent statements are due at least                  52:020—Title V permits, Section 22                    merely approves state law as meeting
                                               annually thereafter.                                    entitled ‘‘Annual Emissions                           federal requirements and does not
                                                  On April 15, 2015, Kentucky                          Certification’’, first sentence only and              impose additional requirements beyond
                                               submitted a draft SIP revision, for                     Section 23 entitled ‘‘Certification by                those imposed by state law. For that
                                               parallel processing, containing                         Responsible Official’’, introductory                  reason, this action:
                                               emissions statements requirements                       paragraph text and subsection (4) only;                 • Is not a significant regulatory action
                                                                                                       401 KAR 52:030—Federally-enforceable                  subject to review by the Office of
                                                 1 The SIP Requirements Rule addresses a range of      permits for nonmajor sources, Section 3               Management and Budget under
                                               nonattainment area SIP requirements for the 2008        entitled ‘‘General Provisions’’,                      Executive Orders 12866 (58 FR 51735,
                                               ozone NAAQS, including requirements pertaining          subsection (4) only, Section 22 entitled              October 4, 1993) and 13563 (76 FR 3821,
                                               to attainment demonstrations, reasonable further
                                               progress (RFP), reasonably available control            ‘‘Certification by Responsible Official’’,            January 21, 2011);
                                               technology, reasonably available control measures,      introductory text and subsection (4)                    • does not impose an information
                                                                                                       only, and Section 25 entitled ‘‘Sources
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                                               major new source review, emission inventories, and                                                            collection burden under the provisions
                                               the timing of SIP submissions and of compliance         Subject to Title V’’, subsection (1)
                                               with emission control measures in the SIP. The rule
                                                                                                                                                             of the Paperwork Reduction Act (44
                                               also revokes the 1997 ozone NAAQS and                   introductory text, subsection (1)(c), and             U.S.C. 3501 et seq.);
                                               establishes anti-backsliding requirements.                                                                      • is certified as not having a
                                                 2 A state may waive the emissions statements            3 Kentucky’s requirement for an emissions
                                                                                                                                                             significant economic impact on a
                                               requirement for any class or category of stationary     statement program is listed within its permitting
                                               sources which emit less than 25 tons per year of        regulations. Kentucky does not have a stand-alone
                                                                                                                                                             substantial number of small entities
                                               VOCs or NOX if the state meets the requirements         regulation addressing the emissions statement         under the Regulatory Flexibility Act (5
                                               of section 182(a)(3)(B)(ii).                            requirements of section 182(a)(3)(B).                 U.S.C. 601 et seq.);


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                                               57144               Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Proposed Rules

                                                  • does not contain any unfunded                      Act of 1995 (15 U.S.C. 272 note) because              November 9, 2000), nor will it impose
                                               mandate or significantly or uniquely                    application of those requirements would               substantial direct costs on tribal
                                               affect small governments, as described                  be inconsistent with the CAA; and                     governments or preempt tribal law.
                                               in the Unfunded Mandates Reform Act                       • does not provide EPA with the
                                               of 1995 (Pub. L. 104–4);                                                                                      List of Subjects in 40 CFR Part 52
                                                                                                       discretionary authority to address, as
                                                  • does not have Federalism                           appropriate, disproportionate human                     Environmental protection, Air
                                               implications as specified in Executive                  health or environmental effects, using                pollution control, Incorporation by
                                               Order 13132 (64 FR 43255, August 10,                    practicable and legally permissible                   reference, Intergovernmental relations,
                                               1999);                                                  methods, under Executive Order 12898                  Nitrogen dioxide, Ozone, Reporting and
                                                  • is not an economically significant                 (59 FR 7629, February 16, 1994).                      recordkeeping requirements, Volatile
                                               regulatory action based on health or
                                                                                                       In addition, the SIP is not approved to               organic compounds.
                                               safety risks subject to Executive Order
                                               13045 (62 FR 19885, April 23, 1997);                    apply on any Indian reservation land or                 Authority: 42 U.S.C. 7401 et seq.
                                                  • is not a significant regulatory action             in any other area where EPA or an                       Dated: September 10, 2015.
                                               subject to Executive Order 13211 (66 FR                 Indian tribe has demonstrated that a
                                                                                                                                                             Heather McTeer Toney,
                                               28355, May 22, 2001);                                   tribe has jurisdiction. In those areas of
                                                  • is not subject to requirements of                  Indian country, the rule does not have                Regional Administrator, Region 4.
                                               Section 12(d) of the National                           tribal implications as specified by                   [FR Doc. 2015–23657 Filed 9–21–15; 8:45 am]
                                               Technology Transfer and Advancement                     Executive Order 13175 (65 FR 67249,                   BILLING CODE 6560–50–P
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Document Created: 2015-12-15 09:35:45
Document Modified: 2015-12-15 09:35:45
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 October 22, 2015.
ContactTiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via electronic mail at [email protected]
FR Citation80 FR 57141 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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