82_FR_32806 82 FR 32671 - Air Plan Approval; KY; Revisions to Ambient Air Quality Standards

82 FR 32671 - Air Plan Approval; KY; Revisions to Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range32671-32673
FR Document2017-14944

On September 9, 2016, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted a revision to the Kentucky State Implementation Plan (SIP). The Environmental Protection Agency (EPA) is proposing to approve changes to the Commonwealth's air quality standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO<INF>2</INF>), ozone, particulate matter (both PM<INF>10</INF> and PM<INF>2.5</INF>), and sulfur dioxide (SO<INF>2</INF>) to reflect the historical and current National Ambient Air Quality Standards (NAAQS). EPA is proposing to approve this SIP revision because the Commonwealth has demonstrated that these change are consistent with the Clean Air Act (CAA or Act). KDAQ's submission also includes additional air quality standards for hydrogen sulfide, fluorides, and odor; however, EPA is not proposing to approve these state standards into the SIP.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Proposed Rules]
[Pages 32671-32673]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14944]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0361; FRL-9964-93-Region 4]


Air Plan Approval; KY; Revisions to Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On September 9, 2016, the Commonwealth of Kentucky, through 
the Kentucky Division for Air Quality (KDAQ), submitted a revision to 
the Kentucky State Implementation Plan (SIP). The Environmental 
Protection Agency (EPA) is proposing to approve changes to the 
Commonwealth's air quality standards for carbon monoxide (CO), lead 
(Pb), nitrogen dioxide (NO2), ozone, particulate matter 
(both PM10 and PM2.5), and sulfur dioxide 
(SO2) to reflect the historical and current National Ambient 
Air Quality Standards (NAAQS). EPA is proposing to approve this SIP 
revision because the Commonwealth has demonstrated that these change 
are consistent with the Clean Air Act (CAA or Act). KDAQ's submission 
also includes additional air quality standards for hydrogen sulfide, 
fluorides, and odor; however, EPA is not proposing to approve these 
state standards into the SIP.

DATES: Written comments must be received on or before August 16, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0361 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, 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. Sanchez can be reached via telephone at (404) 562-9644 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. EPA's regulatory provisions that govern the NAAQS are found 
at 40 CFR 50--National Primary and Secondary Ambient Air Quality 
Standards. In this rulemaking, EPA is proposing to approve changes in 
Kentucky's September 9, 2016, submission amending the Commonwealth's 
regulations for ambient air quality standards to reflect the historical 
and current NAAQS, which are found at 401 KAR 53:010. The revision also 
includes textual changes to language in the regulation to provide 
regulatory clarity, as well as updating and reformatting the Appendix A 
table of ambient air quality standards and Appendix A footnotes. The 
SIP submittal amending Kentucky's regulations can be found in the 
docket for this rulemaking at www.regulations.gov and is summarized 
below.

II. EPA's Analysis of Kentucky's SIP Revisions

    The September 9, 2016, SIP submission revises Kentucky regulation 
401 KAR 53:010 by updating the Commonwealth's ambient air quality 
standards to reflect the historical and current NAAQS for CO, Pb, 
NO2, ozone, PM10, PM2.5, and 
SO2; modifying language in the regulation to provide 
regulatory clarity; and updating and reformatting the Appendix A 
ambient air quality standards table and Appendix A footnotes. The 
updates to the air quality standards are discussed in further detail 
below.

a. CO

    On September 13, 1985, EPA revoked the 1-hour and 8-hour secondary 
NAAQS for CO. See 50 FR 37484. Accordingly, in the September 9, 2016, 
SIP submission, Kentucky revised regulation 401 KAR 53:010 to update 
its air quality standards for CO to be consistent with the NAAQS 
promulgated by EPA in 1985.

b. Pb

    On November 12, 2008, EPA promulgated a new 1-hour primary and 
secondary NAAQS for Pb at a level of 0.15 micrograms per cubic meter 
([mu]g/m\3\), based on a rolling 3-month average. See 73 FR 66964. 
Accordingly, in the September 9, 2016, SIP submission, Kentucky revised 
regulation 401 KAR 53:010 to update its air quality standards for Pb to 
be consistent with the NAAQS promulgated by EPA in 2008.

c. NO2

    On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for 
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the 
September 9,

[[Page 32672]]

2016, SIP submission, Kentucky revised regulation 401 KAR 53:010 to 
update its air quality standards for NO2 to be consistent 
with the NAAQS promulgated by EPA in 2010.

d. Ozone

    On July 18, 1997, EPA revoked the 1-hour primary and secondary 
NAAQS for ozone.\1\ To replace the 1-hour primary and secondary NAAQS 
for ozone, EPA promulgated a new primary and secondary 8-hour NAAQS for 
ozone at a level of 0.08 parts per million (ppm), based on an annual 
fourth-highest maximum 8-hour concentration averaged over three years. 
See 62 FR 38856. On March 27, 2008, EPA promulgated a new 8-hour 
primary and secondary NAAQS for ozone at a level of 0.075 ppm, based on 
an annual fourth-highest maximum 8-hour concentration averaged over 
three years. See 73 FR 16483. On October 26, 2015, EPA promulgated a 
new primary and secondary NAAQS for ozone at a level of 0.070 ppm, 
based on an annual fourth-highest maximum 8-hour concentration averaged 
over three years. See 80 FR 65292. At that same time, EPA revoked the 
1997 8-hour primary and secondary NAAQS for ozone.\2\ Accordingly, in 
the September 9, 2016, SIP submission, Kentucky revised regulation 401 
KAR 53:010 to update its air quality standards for ozone to be 
consistent with the NAAQS promulgated by EPA in 1997, 2008, and 2015.
---------------------------------------------------------------------------

    \1\ EPA revoked the 1-hour ozone standard in all areas in 2005. 
However, some areas have continuing obligations under the standard.
    \2\ EPA revoked the 1997 8-hour ozone standard in 2015. However, 
some areas have continuing obligations under the standard.
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e. Particulate Matter (PM10 and PM2.5)

    On July 18, 1997, EPA promulgated a new 24-hour primary and 
secondary NAAQS for PM2.5 at a level of 65 [mu]g/m\3\, based 
on the 98th percentile of 24-hour PM2.5 concentrations 
averaged over three years. EPA also promulgated a new annual primary 
and secondary NAAQS for PM2.5 at a level of 15.0 [mu]g/m\3\, 
based on the annual arithmetic mean averaged over three years. See 62 
FR 38652. On October 17 2006, EPA revised the 24-hour primary and 
secondary PM2.5 NAAQS to 35 [mu]g/m\3\, based on the 98th 
percentile of 24-hour PM2.5 concentrations averaged over 
three years. At that same time, EPA revoked the annual PM10 
NAAQS. See 71 FR 61144. On December 14, 2012, EPA revised the primary 
annual NAAQS for PM2.5 at a level of 12 [mu]g/m\3\, based on 
the annual arithmetic mean averaged over three years. See 78 FR 3085; 
January 15, 2013. Accordingly, in the September 9, 2016, SIP 
submission, Kentucky revised regulation 401 KAR 53:010 to update its 
air quality standards for PM10 and PM2.5 to be 
consistent with the NAAQS promulgated by EPA in 1997, 2006, and 2012.

f. SO2

    On June 22, 2010, EPA promulgated a revised primary SO2 
NAAQS to an hourly standard of 75 ppb, based on a 3-year average of the 
annual 99th percentile of 1-hour daily maximum concentration. At that 
same time, EPA revoked the 24-hour SO2 NAAQS.\3\ See 75 FR 
35520. Accordingly, in the September 9, 2016, SIP submission, Kentucky 
revised regulation 401 KAR 53:010 to update its air quality standards 
for SO2 to be consistent with the NAAQS promulgated by EPA 
in 2010.
---------------------------------------------------------------------------

    \3\ The 1971 sulfur dioxide standards remain in effect until one 
(1) year after an area is designated for the 2010 standard, except 
that in areas designated nonattainment for the 1971 standards, the 
1971 standards remain in effect until implementation plans to attain 
or maintain the 2010 standards are approved, in accordance with 40 
CFR part 52, subpart S.
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III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Kentucky regulation 401 KAR 53:010--Ambient air quality 
standards, effective July 19, 2016. EPA has made, and will continue to 
make, these documents generally available through www.regulations.gov 
and/or at the EPA Region 4 Office (please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).

IV. Proposed Action

    EPA is proposing to approve the Commonwealth of Kentucky September 
9, 2016, SIP revision identified in section II above, because these 
changes are consistent with the CAA.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


[[Page 32673]]


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

    Dated: June 29, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-14944 Filed 7-14-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                              Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules                                         32671

                                                       • Is not subject to requirements of                   this SIP revision because the                         Kentucky’s September 9, 2016,
                                                    Section 12(d) of the National                            Commonwealth has demonstrated that                    submission amending the
                                                    Technology Transfer and Advancement                      these change are consistent with the                  Commonwealth’s regulations for
                                                    Act of 1995 (15 U.S.C. 272 note) because                 Clean Air Act (CAA or Act). KDAQ’s                    ambient air quality standards to reflect
                                                    application of those requirements would                  submission also includes additional air               the historical and current NAAQS,
                                                    be inconsistent with the CAA; and                        quality standards for hydrogen sulfide,               which are found at 401 KAR 53:010.
                                                       • Does not provide EPA with the                       fluorides, and odor; however, EPA is not              The revision also includes textual
                                                    discretionary authority to address, as                   proposing to approve these state                      changes to language in the regulation to
                                                    appropriate, disproportionate human                      standards into the SIP.                               provide regulatory clarity, as well as
                                                    health or environmental effects, using                   DATES: Written comments must be                       updating and reformatting the Appendix
                                                    practicable and legally permissible                      received on or before August 16, 2017.                A table of ambient air quality standards
                                                    methods, under Executive Order 12898                     ADDRESSES: Submit your comments,                      and Appendix A footnotes. The SIP
                                                    (59 FR 7629, February 16, 1994).                         identified by Docket ID No. EPA–R04–                  submittal amending Kentucky’s
                                                       In addition, the SIP is not approved                  OAR–2017–0361 at http://                              regulations can be found in the docket
                                                    to apply on any Indian reservation land                  www.regulations.gov. Follow the online                for this rulemaking at
                                                    or in any other area where EPA or an                     instructions for submitting comments.                 www.regulations.gov and is summarized
                                                    Indian tribe has demonstrated that a                     Once submitted, comments cannot be                    below.
                                                    tribe has jurisdiction. In those areas of                edited or removed from Regulations.gov.
                                                    Indian country, the rule does not have                                                                         II. EPA’s Analysis of Kentucky’s SIP
                                                                                                             EPA may publish any comment received                  Revisions
                                                    tribal implications and will not impose                  to its public docket. Do not submit
                                                    substantial direct costs on tribal                       electronically any information you                       The September 9, 2016, SIP
                                                    governments or preempt tribal law as                     consider to be Confidential Business                  submission revises Kentucky regulation
                                                    specified by Executive Order 13175 (65                   Information (CBI) or other information                401 KAR 53:010 by updating the
                                                    FR 67249, November 9, 2000).                             whose disclosure is restricted by statute.            Commonwealth’s ambient air quality
                                                                                                             Multimedia submissions (audio, video,                 standards to reflect the historical and
                                                    List of Subjects in 40 CFR Part 52
                                                                                                             etc.) must be accompanied by a written                current NAAQS for CO, Pb, NO2, ozone,
                                                      Environmental protection, Air                                                                                PM10, PM2.5, and SO2; modifying
                                                                                                             comment. The written comment is
                                                    pollution control, Incorporation by                                                                            language in the regulation to provide
                                                                                                             considered the official comment and
                                                    reference, Intergovernmental relations,                                                                        regulatory clarity; and updating and
                                                                                                             should include discussion of all points
                                                    Lead, Nitrogen dioxide, Ozone,                                                                                 reformatting the Appendix A ambient
                                                                                                             you wish to make. EPA will generally
                                                    Particulate matter, Reporting and                                                                              air quality standards table and
                                                                                                             not consider comments or comment
                                                    recordkeeping requirements, Sulfur                                                                             Appendix A footnotes. The updates to
                                                                                                             contents located outside of the primary
                                                    oxides, Volatile organic compounds.                                                                            the air quality standards are discussed
                                                                                                             submission (i.e. on the web, cloud, or
                                                      Dated: July 6, 2017.                                   other file sharing system). For                       in further detail below.
                                                    Cheryl L. Newton,                                        additional submission methods, the full               a. CO
                                                    Acting Regional Administrator, Region 5.                 EPA public comment policy,                               On September 13, 1985, EPA revoked
                                                    [FR Doc. 2017–14941 Filed 7–14–17; 8:45 am]              information about CBI or multimedia                   the 1-hour and 8-hour secondary
                                                    BILLING CODE 6560–50–P                                   submissions, and general guidance on                  NAAQS for CO. See 50 FR 37484.
                                                                                                             making effective comments, please visit               Accordingly, in the September 9, 2016,
                                                                                                             http://www2.epa.gov/dockets/                          SIP submission, Kentucky revised
                                                    ENVIRONMENTAL PROTECTION                                 commenting-epa-dockets.                               regulation 401 KAR 53:010 to update its
                                                    AGENCY                                                   FOR FURTHER INFORMATION CONTACT:                      air quality standards for CO to be
                                                                                                             Madolyn Sanchez, Air Regulatory                       consistent with the NAAQS
                                                    40 CFR Part 52                                           Management Section, Air Planning and                  promulgated by EPA in 1985.
                                                    [EPA–R04–OAR–2017–0361; FRL–9964–93–                     Implementation Branch, Air, Pesticides
                                                    Region 4]                                                and Toxics Management Division, U.S.                  b. Pb
                                                                                                             Environmental Protection Agency,                         On November 12, 2008, EPA
                                                    Air Plan Approval; KY; Revisions to                      Region 4, 61 Forsyth Street SW.,                      promulgated a new 1-hour primary and
                                                    Ambient Air Quality Standards                            Atlanta, Georgia 30303–8960. Ms.                      secondary NAAQS for Pb at a level of
                                                    AGENCY:  Environmental Protection                        Sanchez can be reached via telephone at               0.15 micrograms per cubic meter (mg/
                                                    Agency (EPA).                                            (404) 562–9644 or via electronic mail at              m3), based on a rolling 3-month average.
                                                    ACTION: Proposed rule.                                   sanchez.madolyn@epa.gov.                              See 73 FR 66964. Accordingly, in the
                                                                                                             SUPPLEMENTARY INFORMATION:                            September 9, 2016, SIP submission,
                                                    SUMMARY:   On September 9, 2016, the                                                                           Kentucky revised regulation 401 KAR
                                                    Commonwealth of Kentucky, through                        I. Background
                                                                                                                                                                   53:010 to update its air quality
                                                    the Kentucky Division for Air Quality                       Sections 108 and 109 of the CAA                    standards for Pb to be consistent with
                                                    (KDAQ), submitted a revision to the                      govern the establishment, review, and                 the NAAQS promulgated by EPA in
                                                    Kentucky State Implementation Plan                       revision, as appropriate, of the NAAQS                2008.
                                                    (SIP). The Environmental Protection                      to protect public health and welfare.
                                                    Agency (EPA) is proposing to approve                     The CAA requires periodic review of the               c. NO2
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    changes to the Commonwealth’s air                        air quality criteria—the science upon                    On February 9, 2010, EPA
                                                    quality standards for carbon monoxide                    which the standards are based—and the                 promulgated a new 1-hour primary
                                                    (CO), lead (Pb), nitrogen dioxide (NO2),                 standards themselves. EPA’s regulatory                NAAQS for NO2 at a level of 100 parts
                                                    ozone, particulate matter (both PM10                     provisions that govern the NAAQS are                  per billion (ppb), based on a 3-year
                                                    and PM2.5), and sulfur dioxide (SO2) to                  found at 40 CFR 50—National Primary                   average of the 98th percentile of the
                                                    reflect the historical and current                       and Secondary Ambient Air Quality                     yearly distribution of 1-hour daily
                                                    National Ambient Air Quality Standards                   Standards. In this rulemaking, EPA is                 maximum concentrations. See 75 FR
                                                    (NAAQS). EPA is proposing to approve                     proposing to approve changes in                       6474. Accordingly, in the September 9,


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                                                    32672                     Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules

                                                    2016, SIP submission, Kentucky revised                   3085; January 15, 2013. Accordingly, in                 law as meeting federal requirements and
                                                    regulation 401 KAR 53:010 to update its                  the September 9, 2016, SIP submission,                  does not impose additional
                                                    air quality standards for NO2 to be                      Kentucky revised regulation 401 KAR                     requirements beyond those imposed by
                                                    consistent with the NAAQS                                53:010 to update its air quality                        state law. For that reason, this action:
                                                    promulgated by EPA in 2010.                              standards for PM10 and PM2.5 to be                         • Is not a significant regulatory action
                                                                                                             consistent with the NAAQS                               subject to review by the Office of
                                                    d. Ozone
                                                                                                             promulgated by EPA in 1997, 2006, and                   Management and Budget under
                                                       On July 18, 1997, EPA revoked the 1-                  2012.                                                   Executive Orders 12866 (58 FR 51735,
                                                    hour primary and secondary NAAQS for                                                                             October 4, 1993) and 13563 (76 FR 3821,
                                                    ozone.1 To replace the 1-hour primary                    f. SO2
                                                                                                                                                                     January 21, 2011);
                                                    and secondary NAAQS for ozone, EPA                          On June 22, 2010, EPA promulgated a                     • does not impose an information
                                                    promulgated a new primary and                            revised primary SO2 NAAQS to an                         collection burden under the provisions
                                                    secondary 8-hour NAAQS for ozone at                      hourly standard of 75 ppb, based on a                   of the Paperwork Reduction Act (44
                                                    a level of 0.08 parts per million (ppm),                 3-year average of the annual 99th                       U.S.C. 3501 et seq.);
                                                    based on an annual fourth-highest                        percentile of 1-hour daily maximum                         • is certified as not having a
                                                    maximum 8-hour concentration                             concentration. At that same time, EPA                   significant economic impact on a
                                                    averaged over three years. See 62 FR                     revoked the 24-hour SO2 NAAQS.3 See                     substantial number of small entities
                                                    38856. On March 27, 2008, EPA                            75 FR 35520. Accordingly, in the                        under the Regulatory Flexibility Act (5
                                                    promulgated a new 8-hour primary and                     September 9, 2016, SIP submission,                      U.S.C. 601 et seq.);
                                                    secondary NAAQS for ozone at a level                     Kentucky revised regulation 401 KAR                        • does not contain any unfunded
                                                    of 0.075 ppm, based on an annual                         53:010 to update its air quality                        mandate or significantly or uniquely
                                                    fourth-highest maximum 8-hour                            standards for SO2 to be consistent with                 affect small governments, as described
                                                    concentration averaged over three years.                 the NAAQS promulgated by EPA in                         in the Unfunded Mandates Reform Act
                                                    See 73 FR 16483. On October 26, 2015,                    2010.                                                   of 1995 (Pub. L. 104–4);
                                                    EPA promulgated a new primary and
                                                                                                             III. Incorporation by Reference                            • does not have Federalism
                                                    secondary NAAQS for ozone at a level                                                                             implications as specified in Executive
                                                    of 0.070 ppm, based on an annual                            In this rule, EPA is proposing to                    Order 13132 (64 FR 43255, August 10,
                                                    fourth-highest maximum 8-hour                            include in a final EPA rule regulatory                  1999);
                                                    concentration averaged over three years.                 text that includes incorporation by                        • is not an economically significant
                                                    See 80 FR 65292. At that same time,                      reference. In accordance with                           regulatory action based on health or
                                                    EPA revoked the 1997 8-hour primary                      requirements of 1 CFR 51.5, EPA is                      safety risks subject to Executive Order
                                                    and secondary NAAQS for ozone.2                          proposing to incorporate by reference                   13045 (62 FR 19885, April 23, 1997);
                                                    Accordingly, in the September 9, 2016,                   Kentucky regulation 401 KAR 53:010—                        • is not a significant regulatory action
                                                    SIP submission, Kentucky revised                         Ambient air quality standards, effective                subject to Executive Order 13211 (66 FR
                                                    regulation 401 KAR 53:010 to update its                  July 19, 2016. EPA has made, and will                   28355, May 22, 2001);
                                                    air quality standards for ozone to be                    continue to make, these documents                          • is not subject to requirements of
                                                    consistent with the NAAQS                                generally available through                             Section 12(d) of the National
                                                    promulgated by EPA in 1997, 2008, and                    www.regulations.gov and/or at the EPA                   Technology Transfer and Advancement
                                                    2015.                                                    Region 4 Office (please contact the                     Act of 1995 (15 U.S.C. 272 note) because
                                                                                                             person identified in the FOR FURTHER                    application of those requirements would
                                                    e. Particulate Matter (PM10 and PM2.5)                   INFORMATION CONTACT section of this                     be inconsistent with the CAA; and
                                                       On July 18, 1997, EPA promulgated a                   preamble for more information).                            • does not provide EPA with the
                                                    new 24-hour primary and secondary                                                                                discretionary authority to address, as
                                                                                                             IV. Proposed Action
                                                    NAAQS for PM2.5 at a level of 65 mg/m3,                                                                          appropriate, disproportionate human
                                                    based on the 98th percentile of 24-hour                     EPA is proposing to approve the                      health or environmental effects, using
                                                    PM2.5 concentrations averaged over                       Commonwealth of Kentucky September                      practicable and legally permissible
                                                    three years. EPA also promulgated a                      9, 2016, SIP revision identified in                     methods, under Executive Order 12898
                                                    new annual primary and secondary                         section II above, because these changes                 (59 FR 7629, February 16, 1994).
                                                    NAAQS for PM2.5 at a level of 15.0 mg/                   are consistent with the CAA.                               The SIP is not approved to apply on
                                                    m3, based on the annual arithmetic                       V. Statutory and Executive Order                        any Indian reservation land or in any
                                                    mean averaged over three years. See 62                   Reviews                                                 other area where EPA or an Indian tribe
                                                    FR 38652. On October 17 2006, EPA                                                                                has demonstrated that a tribe has
                                                    revised the 24-hour primary and                            Under the CAA, the Administrator is
                                                                                                             required to approve a SIP submission                    jurisdiction. In those areas of Indian
                                                    secondary PM2.5 NAAQS to 35 mg/m3,                                                                               country, the rule does not have tribal
                                                    based on the 98th percentile of 24-hour                  that complies with the provisions of the
                                                                                                             Act and applicable federal regulations.                 implications as specified by Executive
                                                    PM2.5 concentrations averaged over                                                                               Order 13175 (65 FR 67249, November 9,
                                                    three years. At that same time, EPA                      See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                             Thus, in reviewing SIP submissions,                     2000), nor will it impose substantial
                                                    revoked the annual PM10 NAAQS. See                                                                               direct costs on tribal governments or
                                                    71 FR 61144. On December 14, 2012,                       EPA’s role is to approve state choices,
                                                                                                             provided that they meet the criteria of                 preempt tribal law.
                                                    EPA revised the primary annual
                                                    NAAQS for PM2.5 at a level of 12 mg/m3,                  the CAA. Accordingly, this proposed                     List of Subjects in 40 CFR Part 52
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    based on the annual arithmetic mean                      action merely proposes to approve state
                                                                                                                                                                       Environmental protection, Air
                                                    averaged over three years. See 78 FR                        3 The 1971 sulfur dioxide standards remain in
                                                                                                                                                                     pollution control, Carbon monoxide,
                                                                                                             effect until one (1) year after an area is designated   Incorporation by reference,
                                                      1 EPA revoked the 1-hour ozone standard in all
                                                                                                             for the 2010 standard, except that in areas             Intergovernmental relations, Lead,
                                                    areas in 2005. However, some areas have continuing       designated nonattainment for the 1971 standards,        Nitrogen dioxide, Ozone, Particulate
                                                    obligations under the standard.                          the 1971 standards remain in effect until
                                                      2 EPA revoked the 1997 8-hour ozone standard in        implementation plans to attain or maintain the 2010
                                                                                                                                                                     matter, Reporting and recordkeeping
                                                    2015. However, some areas have continuing                standards are approved, in accordance with 40 CFR       requirements, Sulfur oxides, Volatile
                                                    obligations under the standard.                          part 52, subpart S.                                     organic compounds.


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                                                                              Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules                                                 32673

                                                       Authority: 42 U.S.C. 7401 et seq.                     comments or comment contents located                  of the good neighbor provisions, at CAA
                                                      Dated: June 29, 2017.                                  outside of the primary submission (i.e.,              section 110(a)(2)(D)(i)(I). Specifically,
                                                    V. Anne Heard,                                           on the web, cloud, or other file sharing              Minnesota’s submission asserts that the
                                                    Acting Regional Administrator, Region 4.
                                                                                                             system). For additional submission                    state’s SIP contains adequate provisions
                                                                                                             methods, please contact the person                    to prohibit any source or other type of
                                                    [FR Doc. 2017–14944 Filed 7–14–17; 8:45 am]
                                                                                                             identified in the FOR FURTHER                         emissions activity within the state from
                                                    BILLING CODE 6560–50–P
                                                                                                             INFORMATION CONTACT section. For the                  emitting air pollutants that will
                                                                                                             full EPA public comment policy,                       ‘‘contribute significantly to
                                                                                                             information about CBI or multimedia                   nonattainment’’ or ‘‘interfere with
                                                    ENVIRONMENTAL PROTECTION
                                                                                                             submissions, and general guidance on                  maintenance’’ of the 2008 ozone
                                                    AGENCY
                                                                                                             making effective comments, please visit               standard in any other state. The SIP
                                                    40 CFR Part 52                                           https://www2.epa.gov/dockets/                         submission highlights rules and statutes
                                                                                                             commenting-epa-dockets.                               already in Minnesota’s SIP that limit
                                                    [EPA–R05–OAR–2016–0327; FRL–9964–96–                                                                           emissions of nitrogen oxides (NOX) and
                                                    Region 5]                                                FOR FURTHER INFORMATION CONTACT: Eric
                                                                                                             Svingen, Environmental Engineer,                      volatile organic compounds (VOC), the
                                                                                                             Attainment Planning and Maintenance                   precursor pollutants contributing to
                                                    Air Plan Approval; Minnesota; 2008
                                                                                                             Section, Air Programs Branch (AR–18J),                ozone formation. Minnesota primarily
                                                    Ozone Transport
                                                                                                             Environmental Protection Agency,                      limits VOC emissions through emission
                                                    AGENCY:  Environmental Protection                        Region 5, 77 West Jackson Boulevard,                  limitations in state-issued part 70
                                                    Agency (EPA).                                            Chicago, Illinois 60604, (312) 353–4489,              permits. Minnesota has also
                                                    ACTION: Proposed rule.                                   svingen.eric@epa.gov.                                 incorporated by reference EPA’s
                                                                                                                                                                   National Emission Standards for
                                                                                                             SUPPLEMENTARY INFORMATION:
                                                    SUMMARY:    The Environmental Protection                                                                       Hazardous Air Pollutants, which further
                                                    Agency (EPA) is proposing to approve a                   Throughout this document whenever                     limit VOC emissions. See Minn. R.
                                                    May 26, 2016, State Implementation                       ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           7011.7000–9990. Minnesota limits NOX
                                                    Plan (SIP) submission from Minnesota                     EPA. This supplementary information                   emissions through application of Minn.
                                                    that is intended to demonstrate that the                 section is arranged as follows:                       R. 7011.0500–0553, ‘‘Indirect Heating
                                                    Minnesota SIP meets certain interstate                   I. Background.                                        Fossil Fuel Burning Equipment,’’ as
                                                    transport requirements of the Clean Air                  II. EPA’s Analysis of Minnesota’s Submittal           well as Minn. R. 7011.1700–1705,
                                                    Act (CAA) for the 2008 ozone National                    III. What action is EPA taking?                       ‘‘Nitric Acid Plants.’’ Additionally, an
                                                                                                             IV. Statutory and Executive Order Reviews.            administrative order issued to the Xcel
                                                    Ambient Air Quality Standards
                                                    (NAAQS). This submission addresses                       I. Background                                         Energy Sherburne County Generating
                                                    the requirement that each SIP contain                                                                          Station (Sherco) as part of Minnesota’s
                                                                                                                On March 12, 2008, EPA revised the                 Regional Haze SIP imposes additional
                                                    adequate provisions prohibiting air
                                                                                                             levels of the primary and secondary                   limits on NOX emissions in Minnesota.
                                                    emissions that will have certain adverse
                                                                                                             ozone standards from 0.08 parts per                   Finally, Minnesota sources are also
                                                    air quality effects in other states. EPA is
                                                                                                             million (ppm) to 0.075 ppm (73 FR                     subject to a Federal Implementation
                                                    proposing to approve this SIP as
                                                                                                             16436). The CAA requires states to                    Plan (FIP) for the Cross-State Air
                                                    containing adequate provisions to
                                                                                                             submit, within three years after                      Pollution Rule (CSAPR) at 40 CFR
                                                    ensure that Minnesota emissions do not
                                                                                                             promulgation of a new or revised                      52.1240, and are required to reduce
                                                    significantly contribute to
                                                                                                             standard, SIPs meeting the applicable                 annual emissions of NOX in support of
                                                    nonattainment or interfere with
                                                                                                             ‘‘infrastructure’’ elements of sections               the 2006 NAAQS for fine particulate
                                                    maintenance of the 2008 ozone NAAQS
                                                                                                             110(a)(1) and (2). One of these                       matter (PM2.5).
                                                    in any other state.
                                                                                                             applicable infrastructure elements, CAA                  EPA developed technical information
                                                    DATES: Comments must be received on                      section 110(a)(2)(D)(i), requires SIPs to             and a related analysis to assist states
                                                    or before August 16, 2017.                               contain ‘‘good neighbor’’ provisions to               with meeting section 110(a)(2)(D)(i)(I)
                                                    ADDRESSES: Submit your comments,                         prohibit certain adverse air quality                  requirements for the 2008 ozone
                                                    identified by Docket ID No. EPA–R05–                     effects on neighboring states due to                  NAAQS, and used this technical
                                                    OAR–2016–0327 at https://                                interstate transport of pollution. There              analysis to support the CSAPR Update
                                                    www.regulations.gov or via email to                      are four sub-elements within CAA                      for the 2008 Ozone NAAQS (‘‘CSAPR
                                                    aburano.douglas@epa.gov. For                             section 110(a)(2)(D)(i). This action                  Update’’).1 As explained below, this
                                                    comments submitted at Regulations.gov,                   addresses the first two sub-elements of               analysis supports the conclusion of
                                                    follow the online instructions for                       the good neighbor provisions, at CAA                  Minnesota’s analysis regarding
                                                    submitting comments. Once submitted,                     section 110(a)(2)(D)(i)(I). These sub-                interstate transport for the 2008 ozone
                                                    comments cannot be edited or removed                     elements require that each SIP for a new              NAAQS.
                                                    from Regulations.gov. For either manner                  or revised standard contain adequate                     In the technical analysis supporting
                                                    of submission, EPA may publish any                       provisions to prohibit any source or                  the CSAPR Update, EPA used detailed
                                                    comment received to its public docket.                   other type of emissions activity within               air quality analyses to determine where
                                                    Do not submit electronically any                         the state from emitting air pollutants                projected nonattainment or maintenance
                                                    information you consider to be                           that will ‘‘contribute significantly to               areas would be and whether emissions
                                                    Confidential Business Information (CBI)                  nonattainment’’ or ‘‘interfere with                   from a state would contribute to
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    or other information whose disclosure is                 maintenance’’ of the applicable air                   downwind air quality problems at those
                                                    restricted by statute. Multimedia                        quality standard in any other state.                  projected nonattainment or maintenance
                                                    submissions (audio, video, etc.) must be                                                                       receptors. Specifically, EPA determined
                                                    accompanied by a written comment.                        II. EPA’s Analysis of Minnesota’s
                                                                                                                                                                   whether a state’s contributing emissions
                                                    The written comment is considered the                    Submittals
                                                                                                                                                                   were at or above a specific threshold
                                                    official comment and should include                        On May 26, 2016, the State of                       (i.e., one percent of the ozone NAAQS).
                                                    discussion of all points you wish to                     Minnesota submitted a revision to its
                                                    make. EPA will generally not consider                    SIP to address the first two sub-elements               1 81   FR 74504 (October 26, 2016).



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Document Created: 2017-07-15 03:45:43
Document Modified: 2017-07-15 03:45:43
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 16, 2017.
ContactMadolyn Sanchez, 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. Sanchez can be reached via telephone at (404) 562-9644 or via electronic mail at [email protected]
FR Citation82 FR 32671 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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