83_FR_24818 83 FR 24714 - Air Plan Approval and Air Quality Designation; KY; Redesignation of the Kentucky Portion of the Louisville Unclassifiable Area

83 FR 24714 - Air Plan Approval and Air Quality Designation; KY; Redesignation of the Kentucky Portion of the Louisville Unclassifiable Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 104 (May 30, 2018)

Page Range24714-24716
FR Document2018-11567

On May 4, 2018, the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (KDAQ), submitted a request for the Environmental Protection Agency (EPA) to redesignate the portion of Kentucky that is within the bi- state Louisville, KY-IN fine particulate matter (PM<INF>2.5</INF>) unclassifiable area (hereinafter referred to as the ``bi-state Louisville Area'' or ``Area'') to unclassifiable/attainment for the 2012 primary annual PM<INF>2.5</INF> national ambient air quality standard (NAAQS). The bi-state Louisville Area consists of Jefferson County and a portion of Bullitt County in Kentucky as well as Clark and Floyd Counties in Indiana. EPA now has sufficient data to determine that the bi-state Louisville Area is in attainment of the 2012 primary annual PM<INF>2.5</INF> NAAQS. Therefore, EPA is proposing to approve Kentucky's request and redesignate the Area to unclassifiable/ attainment for the 2012 primary annual PM<INF>2.5</INF> NAAQS based upon complete, quality-assured, and certified ambient air monitoring data showing that the PM<INF>2.5</INF> monitors in the bi-state Louisville Area are in compliance with the 2012 primary annual PM<INF>2.5</INF> NAAQS.

Federal Register, Volume 83 Issue 104 (Wednesday, May 30, 2018)
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Proposed Rules]
[Pages 24714-24716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11567]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2017-0390; FRL-9978-59-Region 4]


Air Plan Approval and Air Quality Designation; KY; Redesignation 
of the Kentucky Portion of the Louisville Unclassifiable Area

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On May 4, 2018, the Commonwealth of Kentucky, through the 
Kentucky Energy and Environment Cabinet, Division for Air Quality 
(KDAQ), submitted a request for the Environmental Protection Agency 
(EPA) to redesignate the portion of Kentucky that is within the bi-
state Louisville, KY-IN fine particulate matter (PM2.5) 
unclassifiable area (hereinafter referred to as the ``bi-state 
Louisville Area'' or ``Area'') to unclassifiable/attainment for the 
2012 primary annual PM2.5 national ambient air quality 
standard (NAAQS). The bi-state Louisville Area consists of Jefferson 
County and a portion of Bullitt County in Kentucky as well as Clark and 
Floyd Counties in Indiana. EPA now has sufficient data to determine 
that the bi-state Louisville Area is in attainment of the 2012 primary 
annual PM2.5 NAAQS. Therefore, EPA is proposing to approve 
Kentucky's request and redesignate the Area to unclassifiable/
attainment for the 2012 primary annual PM2.5 NAAQS based 
upon complete, quality-assured, and certified ambient air monitoring 
data showing that the PM2.5 monitors in the bi-state 
Louisville Area are in compliance with the 2012 primary annual 
PM2.5 NAAQS.

DATES: Comments must be received on or before June 29, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0390 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, in the 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. Madolyn Sanchez may be reached by phone at (404) 562-9644 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act (CAA or Act) establishes a process for air 
quality management through the establishment and implementation of the 
NAAQS. After the promulgation of a new or revised NAAQS, EPA is 
required to designate areas, pursuant to section 107(d)(1) of the CAA, 
as attainment, nonattainment, or unclassifiable. On December 14, 2012, 
EPA revised the primary annual NAAQS for PM2.5 at a level of 
12 micrograms per cubic meter

[[Page 24715]]

([mu]g/m\3\), based on a 3-year average of annual mean PM2.5 
concentrations. See 78 FR 3085 (January 15, 2013). EPA established the 
standard based on significant evidence and numerous health studies 
demonstrating that serious health effects are associated with exposures 
to particulate matter.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d)(1) of the CAA. On 
December 18, 2014, EPA designated the majority of areas across the 
country as nonattainment, unclassifiable/attainment, or unclassifiable 
\1\ for the 2012 PM2.5 NAAQS based upon air quality 
monitoring data from monitors for calendar years 2011-2013. See 80 FR 
2206 (January 15, 2015). EPA's January 15, 2015, rulemaking also 
described a process by which EPA would evaluate any complete, quality-
assured, certified air quality monitoring data from 2014 that a state 
submitted for consideration before February 27, 2015. EPA stated that 
it would evaluate whether, with the inclusion of certified 2014 data, 
the 3-year design value for 2012-2014 suggests that a change in the 
initial designation would be appropriate for an area. If EPA agreed 
that a change in the initial designation would be appropriate, EPA 
would withdraw the designation announced in the January 15, 2015, 
document for such area before the effective date and issue another 
designation reflecting the inclusion of 2014 data.
---------------------------------------------------------------------------

    \1\ For the initial PM area designations in 2014 (for the 2012 
annual PM2.5 NAAQS), EPA used a designation category of 
``unclassifiable/attainment'' for areas that had monitors showing 
attainment of the standard and were not contributing to nearby 
violations and for areas that did not have monitors but for which 
EPA had reason to believe were likely attaining the standard and not 
contributing to nearby violations. EPA used the category 
``unclassifiable'' for areas in which EPA could not determine, based 
upon available information, whether or not the NAAQS was being met 
and/or EPA had not determined the area to be contributing to nearby 
violations. EPA reserves the ``attainment'' category for when EPA 
redesignates a nonattainment area that has attained the relevant 
NAAQS and has an approved maintenance plan.
---------------------------------------------------------------------------

    In a follow-up designation action published on April 7, 2015 (80 FR 
18535), EPA designated five areas as unclassifiable/attainment in 
Georgia, including two neighboring counties in the bordering states of 
Alabama and South Carolina, that were initially deferred in EPA's 
January 15, 2015, rulemaking. In the same action, EPA changed the 
designations for one area in Ohio, two areas in Pennsylvania, and one 
bi-state area with portions in Kentucky and Ohio from nonattainment to 
unclassifiable/attainment. The bi-state Louisville Area was changed 
from nonattainment to unclassifiable.
    EPA initially designated the bi-state Louisville Area as 
nonattainment in its January 15, 2015, rulemaking based on ambient air 
quality data collected from 2011-2013. In that time period, a monitor 
in Clark County, Indiana, showed a violation of the 2012 
PM2.5 NAAQS. Per its policy, EPA explained that it would 
change the designation for the Area if data showed that the monitor in 
Clark County, Indiana, met the 2012 PM2.5 NAAQS for the 
design value period 2012-2014, and Indiana elected to early certify 
2014 ambient air quality data. Indiana submitted complete, quality-
assured, and certified 2014 data from the ambient air quality monitor 
in Clark County, Indiana, by the prescribed deadline of February 27, 
2015, showing that the monitor was attaining the NAAQS. However, as 
noted in the final technical support document (TSD) for the Area 
included in the docket for the January 15, 2015, rulemaking,\2\ EPA 
explained that because air quality data in the Jefferson County, 
Kentucky portion of the Area were invalid due to issues with the 
collection and analysis of PM2.5 filter-based samples, EPA 
could only change the designation to unclassifiable. Therefore, EPA 
changed the designation of the Area from nonattainment to 
unclassifiable in the action published on April 15, 2015.
---------------------------------------------------------------------------

    \2\ Available in the January 15, 2015, rulemaking docket as 
document number EPA-HQ-OAR-2012-0918-0322.
---------------------------------------------------------------------------

II. What are the criteria for redesignating an area from unclassifiable 
to unclassifiable/attainment?

    Section 107(d)(3) of the CAA provides the framework for changing 
the area designations for any NAAQS pollutants. Section 107(d)(3)(A) 
provides that the Administrator may notify the Governor of any state 
that the designation of an area should be revised ``on the basis of air 
quality data, planning and control considerations, or any other air 
quality-related considerations the Administrator deems appropriate.'' 
The Act further provides in section 107(d)(3)(D) that even if the 
Administrator has not notified a state Governor that a designation 
should be revised, the Governor of any state may, on the Governor's own 
motion, submit a request to revise the designation of any area, and the 
Administrator must approve or deny the request.
    When approving or denying a request to redesignate an area, EPA 
bases its decision on the air quality data for the area as well as the 
considerations under section 107(d)(3)(A).\3\ In keeping with section 
107(d)(1)(A), areas that are redesignated to unclassifiable/attainment 
must meet the requirements for attainment areas and thus must meet the 
relevant NAAQS. In addition, the area must not contribute to ambient 
air quality in a nearby area that does not meet the NAAQS. The relevant 
monitoring data must be collected and quality-assured in accordance 
with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS) 
database. The designated monitors generally should have remained at the 
same location for the duration of the monitoring period.\4\
---------------------------------------------------------------------------

    \3\ While CAA section 107(d)(3)(E) also lists specific 
requirements for redesignations, those requirements only apply to 
redesignations of nonattainment areas to attainment and therefore 
are not applicable in the context of a redesignation of an area from 
unclassifiable to unclassifiable/attainment.
    \4\ See Memorandum from John Calcagni, Director, EPA Air Quality 
Management Division, entitled ``Procedures for Processing Requests 
to Redesignate Areas to Attainment'' (September 4, 1992).
---------------------------------------------------------------------------

III. What is EPA's rationale for proposing to redesignate the area?

    In order to redesignate the Area from unclassifiable to 
unclassifiable/attainment for the 2012 primary annual PM2.5 
NAAQS, the 3-year average of annual arithmetic mean concentrations 
(i.e., design value) over the most recent 3-year period must be less 
than or equal to 12.0 [micro]g/m\3\ at all monitoring sites in the Area 
over the full 3-year period, as determined in accordance with 40 CFR 
50.18 and Appendix N of Part 50. EPA reviewed PM2.5 
monitoring data from monitoring stations in the bi-state Louisville 
Area for the 2012 primary annual PM2.5 NAAQS for the 3-year 
period from 2014-2016. These data have been quality-assured, certified, 
and recorded in AQS by Kentucky and Indiana, and the monitoring 
locations have not changed during the monitoring period. As summarized 
in Table 1, the design values for all monitors in the Area for the 
2014-2016 period are below the 2012 primary annual PM2.5 
NAAQS.

  Table 1--2012 Annual PM2.5 Design Values for Monitors in the Bi-State
                      Louisville Area for 2014-2016
------------------------------------------------------------------------
                                                              2014-2016
                                                                design
                    County                       Monitoring     value
                                                    site      ([mu]g/m3)
 
------------------------------------------------------------------------
Clark County, IN..............................    180190006         10.6
                                                  180190008          8.7
Floyd County, IN..............................    180431004          9.3

[[Page 24716]]

 
Jefferson County, KY..........................    211110043         10.4
                                                  211110051         10.3
                                                  211110067          9.5
                                                  211110075         10.4
------------------------------------------------------------------------

    Because the 3-year design values, based on complete, quality-
assured data, demonstrate that the Area meets the 2012 primary annual 
PM2.5 standard, EPA is proposing to redesignate the Kentucky 
portion of the Louisville Area from unclassifiable to unclassifiable/
attainment for this NAAQS.\5\
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    \5\ The State of Indiana has not yet submitted a redesignation 
request for its portion of the Louisville Area.
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IV. Proposed Action

    EPA is proposing to approve Kentucky's May 4, 2018, request to 
redesignate the Kentucky portion of the bi-state Louisville Area from 
unclassifiable to unclassifiable/attainment for the 2012 primary annual 
PM2.5 NAAQS. If finalized, approval of the redesignation 
request would change the legal designation, found at 40 CFR part 81, of 
the portion of Bullitt County located in the Area and Jefferson County, 
Kentucky, from unclassifiable to unclassifiable/attainment for the 2012 
primary annual PM2.5 NAAQS.

V. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to unclassifiable/
attainment is an action that affects the status of a geographical area 
and does not impose any additional regulatory requirements on sources 
beyond those imposed by state law. A redesignation to unclassifiable/
attainment does not in and of itself create any new requirements. 
Accordingly, this proposed action merely proposes to redesignate an 
area to unclassifiable/attainment and does not impose additional 
requirements. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because redesignations are exempted under 
Executive Order 12866;
     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
     Will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    The proposed action 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 81

    Environmental protection, Air pollution control.

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

    Dated: May 15, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-11567 Filed 5-29-18; 8:45 am]
BILLING CODE 6560-50-P



                                                  24714                 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Proposed Rules

                                                  that has acceded to the Trademark Law                      (8) If the subsequent designation is               Kentucky’s request and redesignate the
                                                  Treaty, but not to the Singapore Treaty                 filed through TEAS, the subsequent                    Area to unclassifiable/attainment for the
                                                  on the Law of Trademarks, the                           designation fees (see § 7.7).                         2012 primary annual PM2.5 NAAQS
                                                  requirements of paragraphs (a) and (b) of               *      *      *    *   *                              based upon complete, quality-assured,
                                                  this section do not apply.                              ■ 30. Amend § 7.25 by revising                        and certified ambient air monitoring
                                                     (d) If TEAS is unavailable, or in an                 paragraph (a) to read as follows:                     data showing that the PM2.5 monitors in
                                                  extraordinary situation, an applicant or                                                                      the bi-state Louisville Area are in
                                                  registrant under this section who is                    § 7.25 Sections of part 2 applicable to               compliance with the 2012 primary
                                                  required to file a submission through                   extension of protection.                              annual PM2.5 NAAQS.
                                                  TEAS may submit a petition to the                         (a) Except for §§ 2.21, 2.22, 2.76, 2.88,           DATES: Comments must be received on
                                                  Director under § 2.146(a)(5) and (c) of                 2.89, 2.130, 2.131, 2.160 through 2.166,              or before June 29, 2018.
                                                  this chapter to accept the submission                   2.168, 2.173, 2.175, 2.181 through 2.186,             ADDRESSES: Submit your comments,
                                                  filed on paper.                                         2.197, and 2.198, all sections in parts 2             identified by Docket ID No. EPA–R04–
                                                  ■ 28. Amend § 7.11 by revising the                      and 11 of this chapter shall apply to an              OAR–2017–0390 at http://
                                                  introductory text to paragraph (a),                     extension of protection of an                         www.regulations.gov. Follow the online
                                                  (a)(10), and (a)(11), and removing                      international registration to the United              instructions for submitting comments.
                                                  paragraph (a)(12) to read as follows:                   States, including sections related to                 Once submitted, comments cannot be
                                                                                                          proceedings before the Trademark Trial                edited or removed from Regulations.gov.
                                                  § 7.11 Requirements for international
                                                  application originating from the United                 and Appeal Board, unless otherwise                    EPA may publish any comment received
                                                  States.                                                 stated.                                               to its public docket. Do not submit
                                                    (a) The Office will grant a date of                   *     *     *    *      *                             electronically any information you
                                                  receipt to an international application                   Dated: May 21, 2018.                                consider to be Confidential Business
                                                  that is filed through TEAS in                                                                                 Information (CBI) or other information
                                                                                                          Andrei Iancu,
                                                  accordance with § 7.4(a), or typed on the                                                                     whose disclosure is restricted by statute.
                                                                                                          Under Secretary of Commerce for Intellectual
                                                  official paper form issued by the                                                                             Multimedia submissions (audio, video,
                                                                                                          Property and Director of the United States
                                                  International Bureau, if permitted under                Patent and Trademark Office.                          etc.) must be accompanied by a written
                                                  § 7.4(c) or accepted on petition pursuant                                                                     comment. The written comment is
                                                                                                          [FR Doc. 2018–11353 Filed 5–29–18; 8:45 am]
                                                  to § 7.4(d). The international application                                                                    considered the official comment and
                                                                                                          BILLING CODE 3510–16–P
                                                  must include all of the following:                                                                            should include discussion of all points
                                                                                                                                                                you wish to make. EPA will generally
                                                  *     *      *     *     *
                                                    (10) If the application is filed through                                                                    not consider comments or comment
                                                                                                          ENVIRONMENTAL PROTECTION                              contents located outside of the primary
                                                  TEAS, the international application fees                AGENCY
                                                  for all classes, and the fees for all                                                                         submission (i.e., on the web, cloud, or
                                                  designated Contracting Parties                                                                                other file sharing system). For
                                                                                                          40 CFR Part 81                                        additional submission methods, the full
                                                  identified in the international
                                                  application (see § 7.7); and                            [EPA–R04–OAR–2017–0390; FRL–9978–59–                  EPA public comment policy,
                                                    (11) A statement that the applicant is                Region 4]                                             information about CBI or multimedia
                                                  entitled to file an international                                                                             submissions, and general guidance on
                                                                                                          Air Plan Approval and Air Quality                     making effective comments, please visit
                                                  application in the Office, specifying that              Designation; KY; Redesignation of the
                                                  applicant: is a national of the United                                                                        http://www2.epa.gov/dockets/
                                                                                                          Kentucky Portion of the Louisville                    commenting-epa-dockets.
                                                  States; has a domicile in the United                    Unclassifiable Area
                                                  States; or has a real and effective                                                                           FOR FURTHER INFORMATION CONTACT:
                                                  industrial or commercial establishment                  AGENCY:  Environmental Protection                     Madolyn Sanchez, Air Regulatory
                                                  in the United States. Where an                          Agency.                                               Management Section, in the Air
                                                  applicant’s address is not in the United                ACTION: Proposed rule.
                                                                                                                                                                Planning and Implementation Branch,
                                                  States, the applicant must provide the                                                                        Air, Pesticides and Toxics Management
                                                  address of its U.S. domicile or                         SUMMARY:    On May 4, 2018, the                       Division, U.S. Environmental Protection
                                                  establishment.                                          Commonwealth of Kentucky, through                     Agency, Region 4, 61 Forsyth Street,
                                                  *     *      *     *     *                              the Kentucky Energy and Environment                   SW, Atlanta, Georgia 30303–8960.
                                                  ■ 29. Amend § 7.21 by revising the                      Cabinet, Division for Air Quality                     Madolyn Sanchez may be reached by
                                                  introductory text to paragraph (b), (b)(7),             (KDAQ), submitted a request for the                   phone at (404) 562–9644 or via
                                                  and (b)(8), and removing paragraph                      Environmental Protection Agency (EPA)                 electronic mail at sanchez.madolyn@
                                                  (b)(9) to read as follows:                              to redesignate the portion of Kentucky                epa.gov.
                                                                                                          that is within the bi-state Louisville,               SUPPLEMENTARY INFORMATION:
                                                  § 7.21   Subsequent designation.                        KY-IN fine particulate matter (PM2.5)
                                                  *      *     *     *    *                               unclassifiable area (hereinafter referred             I. Background
                                                     (b) The Office will grant a date of                  to as the ‘‘bi-state Louisville Area’’ or                The Clean Air Act (CAA or Act)
                                                  receipt to a subsequent designation that                ‘‘Area’’) to unclassifiable/attainment for            establishes a process for air quality
                                                  is filed through TEAS in accordance                     the 2012 primary annual PM2.5 national                management through the establishment
                                                  with § 7.4(a), or typed on the official                 ambient air quality standard (NAAQS).                 and implementation of the NAAQS.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  paper form issued by the International                  The bi-state Louisville Area consists of              After the promulgation of a new or
                                                  Bureau, if permitted under § 7.4(c) or                  Jefferson County and a portion of Bullitt             revised NAAQS, EPA is required to
                                                  accepted on petition pursuant to                        County in Kentucky as well as Clark and               designate areas, pursuant to section
                                                  § 7.4(d). The subsequent designation                    Floyd Counties in Indiana. EPA now has                107(d)(1) of the CAA, as attainment,
                                                  must contain all of the following:                      sufficient data to determine that the bi-             nonattainment, or unclassifiable. On
                                                  *      *     *     *    *                               state Louisville Area is in attainment of             December 14, 2012, EPA revised the
                                                     (7) The U.S. transmittal fee required                the 2012 primary annual PM2.5 NAAQS.                  primary annual NAAQS for PM2.5 at a
                                                  by § 7.6; and                                           Therefore, EPA is proposing to approve                level of 12 micrograms per cubic meter


                                             VerDate Sep<11>2014   16:20 May 29, 2018   Jkt 244001   PO 00000   Frm 00035   Fmt 4702   Sfmt 4702   E:\FR\FM\30MYP1.SGM   30MYP1


                                                                         Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Proposed Rules                                                   24715

                                                  (mg/m3), based on a 3-year average of                    state Louisville Area was changed from               section 107(d)(3)(A).3 In keeping with
                                                  annual mean PM2.5 concentrations. See                    nonattainment to unclassifiable.                     section 107(d)(1)(A), areas that are
                                                  78 FR 3085 (January 15, 2013). EPA                          EPA initially designated the bi-state             redesignated to unclassifiable/
                                                  established the standard based on                        Louisville Area as nonattainment in its              attainment must meet the requirements
                                                  significant evidence and numerous                        January 15, 2015, rulemaking based on                for attainment areas and thus must meet
                                                  health studies demonstrating that                        ambient air quality data collected from              the relevant NAAQS. In addition, the
                                                  serious health effects are associated                    2011–2013. In that time period, a                    area must not contribute to ambient air
                                                  with exposures to particulate matter.                    monitor in Clark County, Indiana,                    quality in a nearby area that does not
                                                     The process for designating areas                     showed a violation of the 2012 PM2.5                 meet the NAAQS. The relevant
                                                  following promulgation of a new or                       NAAQS. Per its policy, EPA explained                 monitoring data must be collected and
                                                  revised NAAQS is contained in section                    that it would change the designation for             quality-assured in accordance with 40
                                                  107(d)(1) of the CAA. On December 18,                    the Area if data showed that the monitor             CFR part 58 and recorded in the EPA
                                                  2014, EPA designated the majority of                     in Clark County, Indiana, met the 2012               Air Quality System (AQS) database. The
                                                  areas across the country as                              PM2.5 NAAQS for the design value                     designated monitors generally should
                                                  nonattainment, unclassifiable/                           period 2012–2014, and Indiana elected                have remained at the same location for
                                                  attainment, or unclassifiable 1 for the                  to early certify 2014 ambient air quality            the duration of the monitoring period.4
                                                  2012 PM2.5 NAAQS based upon air                          data. Indiana submitted complete,
                                                  quality monitoring data from monitors                    quality-assured, and certified 2014 data             III. What is EPA’s rationale for
                                                  for calendar years 2011–2013. See 80 FR                  from the ambient air quality monitor in              proposing to redesignate the area?
                                                  2206 (January 15, 2015). EPA’s January                   Clark County, Indiana, by the prescribed
                                                                                                                                                                   In order to redesignate the Area from
                                                  15, 2015, rulemaking also described a                    deadline of February 27, 2015, showing
                                                                                                           that the monitor was attaining the                   unclassifiable to unclassifiable/
                                                  process by which EPA would evaluate                                                                           attainment for the 2012 primary annual
                                                  any complete, quality-assured, certified                 NAAQS. However, as noted in the final
                                                                                                           technical support document (TSD) for                 PM2.5 NAAQS, the 3-year average of
                                                  air quality monitoring data from 2014                                                                         annual arithmetic mean concentrations
                                                  that a state submitted for consideration                 the Area included in the docket for the
                                                                                                           January 15, 2015, rulemaking,2 EPA                   (i.e., design value) over the most recent
                                                  before February 27, 2015. EPA stated                                                                          3-year period must be less than or equal
                                                  that it would evaluate whether, with the                 explained that because air quality data
                                                                                                           in the Jefferson County, Kentucky                    to 12.0 mg/m3 at all monitoring sites in
                                                  inclusion of certified 2014 data, the 3-                                                                      the Area over the full 3-year period, as
                                                  year design value for 2012–2014                          portion of the Area were invalid due to
                                                                                                           issues with the collection and analysis              determined in accordance with 40 CFR
                                                  suggests that a change in the initial                                                                         50.18 and Appendix N of Part 50. EPA
                                                  designation would be appropriate for an                  of PM2.5 filter-based samples, EPA could
                                                                                                           only change the designation to                       reviewed PM2.5 monitoring data from
                                                  area. If EPA agreed that a change in the                                                                      monitoring stations in the bi-state
                                                  initial designation would be                             unclassifiable. Therefore, EPA changed
                                                                                                           the designation of the Area from                     Louisville Area for the 2012 primary
                                                  appropriate, EPA would withdraw the                                                                           annual PM2.5 NAAQS for the 3-year
                                                  designation announced in the January                     nonattainment to unclassifiable in the
                                                                                                           action published on April 15, 2015.                  period from 2014–2016. These data have
                                                  15, 2015, document for such area before                                                                       been quality-assured, certified, and
                                                  the effective date and issue another                     II. What are the criteria for                        recorded in AQS by Kentucky and
                                                  designation reflecting the inclusion of                  redesignating an area from                           Indiana, and the monitoring locations
                                                  2014 data.                                               unclassifiable to unclassifiable/                    have not changed during the monitoring
                                                     In a follow-up designation action                     attainment?                                          period. As summarized in Table 1, the
                                                  published on April 7, 2015 (80 FR                           Section 107(d)(3) of the CAA provides             design values for all monitors in the
                                                  18535), EPA designated five areas as                     the framework for changing the area                  Area for the 2014–2016 period are
                                                  unclassifiable/attainment in Georgia,                    designations for any NAAQS pollutants.               below the 2012 primary annual PM2.5
                                                  including two neighboring counties in                    Section 107(d)(3)(A) provides that the               NAAQS.
                                                  the bordering states of Alabama and                      Administrator may notify the Governor
                                                  South Carolina, that were initially                      of any state that the designation of an                TABLE 1—2012 ANNUAL PM2.5 DE-
                                                  deferred in EPA’s January 15, 2015,                      area should be revised ‘‘on the basis of               SIGN VALUES FOR MONITORS IN THE
                                                  rulemaking. In the same action, EPA                      air quality data, planning and control
                                                  changed the designations for one area in
                                                                                                                                                                  BI-STATE LOUISVILLE AREA FOR
                                                                                                           considerations, or any other air quality-              2014–2016
                                                  Ohio, two areas in Pennsylvania, and                     related considerations the Administrator
                                                  one bi-state area with portions in                       deems appropriate.’’ The Act further                                                       2014–2016
                                                  Kentucky and Ohio from nonattainment                     provides in section 107(d)(3)(D) that                                      Monitoring        design
                                                  to unclassifiable/attainment. The bi-                                                                              County
                                                                                                           even if the Administrator has not                                            site             value
                                                                                                                                                                                                       (μg/m3)
                                                                                                           notified a state Governor that a
                                                     1 For the initial PM area designations in 2014 (for
                                                                                                           designation should be revised, the                   Clark County, IN      180190006               10.6
                                                  the 2012 annual PM2.5 NAAQS), EPA used a
                                                  designation category of ‘‘unclassifiable/attainment’’    Governor of any state may, on the                                          180190008                8.7
                                                  for areas that had monitors showing attainment of        Governor’s own motion, submit a                      Floyd County, IN      180431004                9.3
                                                  the standard and were not contributing to nearby         request to revise the designation of any
                                                  violations and for areas that did not have monitors      area, and the Administrator must                        3 While CAA section 107(d)(3)(E) also lists
                                                  but for which EPA had reason to believe were likely
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                                                  attaining the standard and not contributing to           approve or deny the request.                         specific requirements for redesignations, those
                                                  nearby violations. EPA used the category                    When approving or denying a request               requirements only apply to redesignations of
                                                  ‘‘unclassifiable’’ for areas in which EPA could not      to redesignate an area, EPA bases its                nonattainment areas to attainment and therefore are
                                                  determine, based upon available information,                                                                  not applicable in the context of a redesignation of
                                                                                                           decision on the air quality data for the             an area from unclassifiable to unclassifiable/
                                                  whether or not the NAAQS was being met and/or
                                                  EPA had not determined the area to be contributing       area as well as the considerations under             attainment.
                                                  to nearby violations. EPA reserves the ‘‘attainment’’                                                            4 See Memorandum from John Calcagni, Director,

                                                  category for when EPA redesignates a                       2 Available in the January 15, 2015, rulemaking    EPA Air Quality Management Division, entitled
                                                  nonattainment area that has attained the relevant        docket as document number EPA–HQ–OAR–2012–           ‘‘Procedures for Processing Requests to Redesignate
                                                  NAAQS and has an approved maintenance plan.              0918–0322.                                           Areas to Attainment’’ (September 4, 1992).



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                                                  24716                 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Proposed Rules

                                                    TABLE 1—2012 ANNUAL PM2.5 DE-   V. Statutory and Executive Order                                            Order 13132 (64 FR 43255, August 10,
                                                    SIGN VALUES FOR MONITORS IN THE Reviews                                                                     1999);
                                                    BI-STATE LOUISVILLE AREA FOR      Under the CAA, redesignation of an                                           • Is not an economically significant
                                                    2014–2016—Continued             area to unclassifiable/attainment is an                                     regulatory action based on health or
                                                                                                       action that affects the status of a                      safety risks subject to Executive Order
                                                                                         2014–2016     geographical area and does not impose                    13045 (62 FR 19885, April 23, 1997);
                                                                         Monitoring        design      any additional regulatory requirements
                                                        County                site          value                                                                  • Is not a significant regulatory action
                                                                                          (μg/m3)
                                                                                                       on sources beyond those imposed by                       subject to Executive Order 13211 (66 FR
                                                                                                       state law. A redesignation to                            28355, May 22, 2001);
                                                  Jefferson Coun-                                      unclassifiable/attainment does not in
                                                                                                                                                                   • Is not subject to requirements of
                                                    ty, KY ............   211110043               10.4 and of itself create any new
                                                                          211110051               10.3 requirements. Accordingly, this                          section 12(d) of the National
                                                                          211110067                9.5 proposed action merely proposes to                       Technology Transfer and Advancement
                                                                          211110075               10.4 redesignate an area to unclassifiable/                   Act of 1995 (15 U.S.C. 272 note) because
                                                                                                       attainment and does not impose                           application of those requirements would
                                                     Because the 3-year design values,                 additional requirements. For that                        be inconsistent with the CAA; and
                                                  based on complete, quality-assured data, reason, this proposed action:                                           • Will not have disproportionate
                                                  demonstrate that the Area meets the                     • Is not a significant regulatory action              human health or environmental effects
                                                  2012 primary annual PM2.5 standard,                  subject to review by the Office of                       under Executive Order 12898 (59 FR
                                                  EPA is proposing to redesignate the                  Management and Budget under                              7629, February 16, 1994).
                                                  Kentucky portion of the Louisville Area Executive Orders 12866 (58 FR 51735,                                     The proposed action is not approved
                                                  from unclassifiable to unclassifiable/               October 4, 1993) and 13563 (76 FR 3821,                  to apply on any Indian reservation land
                                                  attainment for this NAAQS.5                          January 21, 2011);                                       or in any other area where EPA or an
                                                                                                          • Is not an Executive Order 13771 (82                 Indian tribe has demonstrated that a
                                                  IV. Proposed Action
                                                                                                       FR 9339, February 2, 2017) regulatory                    tribe has jurisdiction. In those areas of
                                                     EPA is proposing to approve                       action because redesignations are                        Indian country, the rule does not have
                                                  Kentucky’s May 4, 2018, request to                   exempted under Executive Order 12866;                    tribal implications as specified by
                                                  redesignate the Kentucky portion of the                 • Does not impose an information
                                                                                                                                                                Executive Order 13175 (65 FR 67249,
                                                  bi-state Louisville Area from                        collection burden under the provisions
                                                                                                                                                                November 9, 2000), nor will it impose
                                                  unclassifiable to unclassifiable/                    of the Paperwork Reduction Act (44
                                                                                                       U.S.C. 3501 et seq.);                                    substantial direct costs on tribal
                                                  attainment for the 2012 primary annual
                                                                                                          • Is certified as not having a                        governments or preempt tribal law.
                                                  PM2.5 NAAQS. If finalized, approval of
                                                  the redesignation request would change significant economic impact on a                                       List of Subjects in 40 CFR Part 81
                                                  the legal designation, found at 40 CFR               substantial number of small entities
                                                  part 81, of the portion of Bullitt County            under the Regulatory Flexibility Act (5                    Environmental protection, Air
                                                  located in the Area and Jefferson                    U.S.C. 601 et seq.);                                     pollution control.
                                                  County, Kentucky, from unclassifiable                   • Does not contain any unfunded                         Authority: 42 U.S.C. 7401, et seq.
                                                  to unclassifiable/attainment for the 2012 mandate or significantly or uniquely                                  Dated: May 15, 2018.
                                                  primary annual PM2.5 NAAQS.                          affect small governments, as described
                                                                                                       in the Unfunded Mandates Reform Act                      Onis ‘‘Trey’’ Glenn, III,
                                                                                                       of 1995 (Pub. L. 104–4);                                 Regional Administrator, Region 4.
                                                    5 The State of Indiana has not yet submitted a

                                                  redesignation request for its portion of the            • Does not have Federalism                            [FR Doc. 2018–11567 Filed 5–29–18; 8:45 am]
                                                  Louisville Area.                                     implications as specified in Executive                   BILLING CODE 6560–50–P
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Document Created: 2018-05-30 01:01:43
Document Modified: 2018-05-30 01:01:43
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.
DatesComments must be received on or before June 29, 2018.
ContactMadolyn Sanchez, Air Regulatory Management Section, in the 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. Madolyn Sanchez may be reached by phone at (404) 562-9644 or via electronic mail at [email protected]
FR Citation83 FR 24714 
CFR AssociatedEnvironmental Protection and Air Pollution Control

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