83_FR_48040 83 FR 47856 - Air Plan Approval; KY; Updates to Attainment Status Designations

83 FR 47856 - Air Plan Approval; KY; Updates to Attainment Status Designations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47856-47858
FR Document2018-20530

The Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted a revision to the Kentucky State Implementation Plan (SIP) on December 13, 2016. The SIP revision updates, as of October 6, 2016, the description and attainment status designations for geographic areas within the Commonwealth for several National Ambient Air Quality Standards (NAAQS). The updates are being made to conform Kentucky's attainment status tables with the federal attainment status designations made for these areas. The Environmental Protection Agency (EPA) is proposing to approve Kentucky's SIP revision because it is consistent with the Clean Air Act (CAA or Act) and EPA's regulations.

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Proposed Rules]
[Pages 47856-47858]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20530]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0308; FRL-9984-07--Region 4]


Air Plan Approval; KY; Updates to Attainment Status Designations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Commonwealth of Kentucky, through the Kentucky Division 
for Air Quality (KDAQ), submitted a revision to the Kentucky State 
Implementation Plan (SIP) on December 13, 2016. The SIP revision 
updates, as of October 6, 2016, the description and attainment status 
designations for geographic areas within the Commonwealth for several 
National Ambient Air Quality Standards (NAAQS). The updates are being 
made to conform Kentucky's attainment status tables with the federal 
attainment status designations made for these areas. The Environmental 
Protection Agency (EPA) is proposing to approve Kentucky's SIP revision 
because it is consistent with the Clean Air Act (CAA or Act) and EPA's 
regulations.

DATES: Comments must be received on or before October 22, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0308 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be

[[Page 47857]]

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. The telephone number is (404) 562-9644. Ms. Sanchez can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Sections 108 and 109 of the CAA require EPA to set NAAQS for 
criteria air pollutants: Ozone (O3), particulate matter 
(PM), carbon monoxide (CO), lead (Pb), sulfur dioxide (SO2), 
and nitrogen dioxide (NO2), and to undertake periodic review 
of these standards. After EPA sets a new NAAQS or revises an existing 
standard, the CAA requires EPA to determine if areas of the country 
meet the new standards and to designate areas as either nonattainment, 
unclassifiable/attainment, or unclassifiable. Such designations inform 
the state's planning and implementation of requirements to achieve and 
maintain the NAAQS for each area within that state.
    Section 107(d) of the CAA governs the process for these initial 
area designations. Under this process, states and tribes submit 
recommendations to EPA as to whether or not an area is attaining the 
NAAQS for criteria air pollutants. EPA then considers these 
recommendations as part of its obligation to promulgate the area 
designations and boundaries for the new or revised NAAQS. EPA codifies 
its designations for areas within each state in 40 CFR part 81.\1\ 
Under section 107(d) of the CAA, a designation for an area remains in 
effect until redesignated by EPA.
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    \1\ EPA's attainment status designations for Kentucky are found 
at 40 CFR 81.318.
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    In this rule, EPA is proposing to approve revisions to Kentucky 
regulation 401 KAR 51:010, which updates, as of October 6, 2016, the 
description and attainment or nonattainment status of geographic areas 
within the Commonwealth with regard to a number of NAAQS. The 
Commonwealth of Kentucky last amended Regulation 401 KAR 51:010 in 1997 
and, since that time, EPA has promulgated several revisions to the 
designations of areas within the Commonwealth. As a result, Kentucky 
has amended Regulation 401 KAR 51:010 by updating, as of October 6, 
2016, the attainment status designations in Sections 4 through 8 and 
Section 10 for CO, Pb, NO2, O3, PM2.5, 
and total suspended solids (TSP) \2\ to conform with EPA's designations 
as reflected in 40 CFR 81.318. Regulation 401 KAR 51:010 has also been 
amended by making minor textual modifications to the NECESSITY, 
FUNCTION, AND CONFORMITY section and Section 1 (Definitions) and 
Section 2 (Attainment Status Designations). The SIP submittal amending 
the Kentucky regulation to incorporate these updates can be found in 
the docket at www.regulations.gov and are summarized below.
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    \2\ EPA is not acting on the portion of the submittal (Section 
9) that modifies the attainment status designations for 
SO2.
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II. Analysis of the Kentucky Submittal

    On December 15, 2016,\3\ the Commonwealth of Kentucky, through 
KDAQ, submitted a revision to the Kentucky SIP. EPA is proposing to 
approve portions of the December 15, 2016, submission which amend and 
update, as of October 6, 2016, the attainment status designations for 
CO, Pb, NO2, O3, PM2.5, and TSP. EPA 
is not acting on the portion of the submittal (Section 9) that modifies 
the attainment status designations for SO2.
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    \3\ EPA notes that the cover letter was dated December 13, 2016. 
The submittal date is the date of receipt, which was December 15, 
2016.
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    Minor textual modifications were made to the NECESSITY, FUNCTION, 
AND CONFORMITY section by changing the wording from ``Environmental and 
Public Protection Cabinet'' to ``cabinet'' and by changing the word 
``prescribe'' to ``promulgate.'' Section 1 (Definitions) was modified 
by removing the wording ``as used in Sections 4 through 7 of this 
administrative regulation'' from the definition ``Rest of State''; by 
re-ordering the definition ``Road'' from subsection (3) to subsection 
(2) to be in alphabetical order and by removing the wording ``as used 
in Section 2(3) of this administrative regulation'' from the 
definition; and by removing the wording ``as used in Section 8 of this 
administrative regulation'' from the definition ``Statewide.'' Section 
2 (Attainment Status Designations) was modified in subsection (1) by 
listing the pollutants in alphabetical order and by adding the 
pollutants ``lead,'' ``ozone,'' and ``particulate matter'' to the list; 
by rewording ``Section 5 through 8'' to ``Sections 4 through 10''; and 
by removing the sentence ``The attainment status of areas of the 
Commonwealth of Kentucky with respect to total suspended particulate is 
listed in Section 4 of this administrative regulation'' and in 
subsection (2) by adding the acronym ``U.S. EPA'' following ``U.S. 
Environmental Protection Agency.''
    The attainment status tables (Sections 4 through 8 and Section 10) 
in 401 KAR 51.010 were re-ordered to be in alphabetical order of the 
pollutant--CO, Pb, NO2, O3, PM2.5, and 
TSP. The following are the specific revisions made to Sections 4 
through 8 and Section 10:

Section 4.--Attainment Status Designations for Carbon Monoxide (CO)

    The attainment status designation table for CO was amended to 
reflect the attainment status of areas in the Commonwealth of Kentucky 
for the 1971 CO NAAQS.

Section 5.--Attainment Status Designations for Lead (Pb)

    The attainment status designation table for Pb was amended to 
reflect the attainment status of areas in the Commonwealth of Kentucky 
for the 2008 Pb NAAQS.

Section 6.--Attainment Status Designations for Nitrogen Oxides (NO2)

    The attainment status designation Table (1) for NO2 was 
amended to add the ``1971 Annual Standard'' title to the table. Table 
(2) was added to reflect the attainment status of areas in the 
Commonwealth of Kentucky for the 2010 one-hour NO2 NAAQS.

Section 7.--Attainment Status Designations for Ozone (O3)

    The following language was added to subsection (1): ``The 1971 One 
(1) Hour Standard was revoked effective June 15, 2005, for all areas in 
the Commonwealth of Kentucky. The Cincinnati-Hamilton, Edmonson County, 
Huntington-

[[Page 47858]]

Ashland, Lexington-Fayette, Louisville, Owensboro, and Paducah areas 
shall be considered maintenance for the one (1) hour national ambient 
air quality standards for the purposes of 40 CFR part 51, subpart X.'' 
The corresponding table for the 1971 O3 standard was 
removed.
    Table (2) was added to reflect the attainment status designation of 
areas in the Commonwealth of Kentucky for the 1997 eight-hour (8-hour) 
primary and secondary O3 NAAQS.
    Table (3) was added to reflect the attainment status designation of 
areas for the 2008 8-hour primary and secondary O3 NAAQS.

Section 8.--Attainment Status Designations for PM2.5

    Table (1) was added to reflect the attainment status of areas in 
the Commonwealth of Kentucky for the 1997 annual primary and secondary 
PM2.5 NAAQS.
    Table (2) was added to reflect the attainment status of areas for 
the 2012 annual PM2.5 primary NAAQS.
    Table (3) was added to reflect the attainment status of areas for 
the 1997 twenty-four hour (24-hour) primary and secondary 
PM2.5 NAAQS.
    Table (4) was added to reflect the attainment status of areas for 
the 2006 24-hour primary and secondary PM2.5 NAAQS.

Section 10.--Attainment Status Designations for Total Suspended 
Particulates (TSP)

    The attainment status designation table for TSP was amended to 
reflect the attainment status of areas in the Commonwealth of Kentucky 
for the 1971 TSP NAAQS.
    EPA has reviewed these changes to the Kentucky regulations for 
attainment status designations and is proposing to find that these 
changes are consistent with federal regulations, specifically 40 CFR 
81.318.
    In addition to the revision of attainment status designations in 
Sections 4 through 8 and Section 10 of Regulation 401 KAR 51:010, the 
SIP submittal includes minor textual modifications to the NECESSITY, 
FUNCTION, AND CONFORMITY section and Section 1 (Definitions) and 
Section 2 (Attainment Status Designations). EPA is proposing to find 
that these are administrative changes that are consistent with the 
requirements of the CAA.

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 51:010, Attainment status 
designations, effective October 6, 2016, which was revised to be 
consistent with the federal attainment status designations for the 
areas within the Commonwealth.\4\ EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and at the EPA Region 4 office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \4\ The incorporation by reference will not include Section 9 of 
401 KAR 51:010, as EPA is not acting on Section 9 in this action.
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IV. Proposed Action

    EPA is proposing to approve the Commonwealth of Kentucky December 
13, 2016, SIP revisions identified in section II above, because these 
changes are consistent with the CAA and EPA regulations.

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. This 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 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 SIP approvals 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
     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.

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

    Dated: September 10, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-20530 Filed 9-20-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 47856                 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules

                                                 under PSD rules in effect on or before                  Thus, in reviewing SIP submissions,                   environmental laws and regulations
                                                 July 30, 1987. South Carolina’s revised                 EPA’s role is to approve state choices,               apply to the [Catawba Indian Nation]
                                                 language is consistent with the federal                 provided that they meet the criteria of               and Reservation and are fully
                                                 Permit Rescission Rule, allowing for                    the CAA. This action merely proposes to               enforceable by all relevant state and
                                                 permit rescission if the permit meets the               approve state law as meeting Federal                  local agencies and authorities.’’ EPA
                                                 requirement of paragraph (w)(3).                        requirements and does not impose                      notes this action will not impose
                                                 Finally, paragraph (w)(3) is revised to                 additional requirements beyond those                  substantial direct costs on Tribal
                                                 change the word ‘‘shall’’ to ‘‘may’’ to                 imposed by state law. For that reason,                governments or preempt Tribal law.
                                                 clarify that this provision does not                    this proposed action:
                                                 create a mandatory duty for the State.                     • Is not a significant regulatory action           List of Subjects in 40 CFR Part 52
                                                 This change is consistent with the                      subject to review by the Office of                      Environmental protection, Air
                                                 Permit Rescission Rule at 40 CFR                        Management and Budget under                           pollution control, Carbon monoxide,
                                                 52.21(w)(3).                                            Executive Orders 12866 (58 FR 51735,                  Incorporation by reference,
                                                    The September 5, 2017, SIP revision                  October 4, 1993) and 13563 (76 FR 3821,               Intergovernmental relations, Lead,
                                                 also revises other paragraphs in                        January 21, 2011);                                    Nitrogen dioxide, Ozone, Particulate
                                                 Regulation 61–62.5, Standard No. 7 for                     • Is not an Executive Order 13771 (82              matter, Reporting and recordkeeping
                                                 consistency in formatting, to correct                   FR 9339, February 2, 2017) regulatory                 requirements, Sulfur oxides, Volatile
                                                 internal references, and to correct                     action because SIP approvals are                      organic compounds.
                                                 typographical errors. Section (b) is                    exempted under Executive Order 12866;                   Authority: 42 U.S.C. 7401 et seq.
                                                 modified at paragraph (34),                                • Does not impose an information
                                                 subparagraph (vi), to correct a                         collection burden under the provisions                  Dated: September 10, 2018.
                                                 typographical error in the definition of                of the Paperwork Reduction Act (44                    Onis ‘‘Trey’’ Glenn, III,
                                                 ‘‘Net emissions increase.’’ Next, sections              U.S.C. 3501 et seq.);                                 Regional Administrator, Region 4.
                                                 (w), (aa), and (bb) are revised to be in                   • Is certified as not having a                     [FR Doc. 2018–20529 Filed 9–20–18; 8:45 am]
                                                 bold font for internal consistency.                     significant economic impact on a                      BILLING CODE 6560–50–P
                                                 Finally, Standard No. 7 is revised to                   substantial number of small entities
                                                 make internal references and formatting                 under the Regulatory Flexibility Act (5
                                                 consistent by making changes in section                 U.S.C. 601 et seq.);                                  ENVIRONMENTAL PROTECTION
                                                 (aa) at (aa)(1)(i), (aa)(9), (aa)(11)(i), and              • Does not contain any unfunded                    AGENCY
                                                 (aa)(14)(i). EPA preliminarily finds that               mandate or significantly or uniquely
                                                 South Carolina’s revised rules are                      affect small governments, as described                40 CFR Part 52
                                                 consistent with federal requirements                    in the Unfunded Mandates Reform Act                   [EPA–R04–OAR–2018–0308; FRL–9984–
                                                 and CAA section 110.                                    of 1995 (Pub. L. 104–4);                              07—Region 4]
                                                                                                            • Does not have Federalism
                                                 IV. Incorporation by Reference                          implications as specified in Executive                Air Plan Approval; KY; Updates to
                                                    In this document, EPA is proposing to                Order 13132 (64 FR 43255, August 10,                  Attainment Status Designations
                                                 include in a final EPA rule regulatory                  1999);
                                                                                                            • Is not an economically significant               AGENCY:  Environmental Protection
                                                 text that includes incorporation by
                                                                                                         regulatory action based on health or                  Agency (EPA).
                                                 reference. In accordance with
                                                 requirements of 1 CFR 51.5, EPA is                      safety risks subject to Executive Order               ACTION: Proposed rule.
                                                 proposing to incorporate by reference                   13045 (62 FR 19885, April 23, 1997);                  SUMMARY:   The Commonwealth of
                                                 the SC DHEC regulatory paragraphs                          • Is not a significant regulatory action
                                                                                                                                                               Kentucky, through the Kentucky
                                                 identified above in Section III within SC               subject to Executive Order 13211 (66 FR
                                                                                                                                                               Division for Air Quality (KDAQ),
                                                 DHEC Regulation 61–62.5, Standard No.                   28355, May 22, 2001);
                                                                                                            • Is not subject to requirements of                submitted a revision to the Kentucky
                                                 7, entitled ‘‘Prevention of Significant                                                                       State Implementation Plan (SIP) on
                                                 Deterioration (PSD),’’ state effective on               section 12(d) of the National
                                                                                                         Technology Transfer and Advancement                   December 13, 2016. The SIP revision
                                                 August 25, 2017. EPA has made, and                                                                            updates, as of October 6, 2016, the
                                                 will continue to make, these materials                  Act of 1995 (15 U.S.C. 272 note) because
                                                                                                         application of those requirements would               description and attainment status
                                                 generally available through                                                                                   designations for geographic areas within
                                                 www.regulations.gov and at the EPA                      be inconsistent with the CAA; and
                                                                                                            • Does not provide EPA with the                    the Commonwealth for several National
                                                 Region 4 office (please contact the                                                                           Ambient Air Quality Standards
                                                 person identified in the FOR FURTHER                    discretionary authority to address, as
                                                                                                         appropriate, disproportionate human                   (NAAQS). The updates are being made
                                                 INFORMATION CONTACT section of this                                                                           to conform Kentucky’s attainment status
                                                 preamble for more information).                         health or environmental effects, using
                                                                                                         practicable and legally permissible                   tables with the federal attainment status
                                                 V. Proposed Action                                      methods, under Executive Order 12898                  designations made for these areas. The
                                                                                                         (59 FR 7629, February 16, 1994).                      Environmental Protection Agency (EPA)
                                                    EPA is proposing to approve the
                                                                                                            In addition, this proposed approval                is proposing to approve Kentucky’s SIP
                                                 changes to the SIP identified in Section
                                                                                                         for the State of South Carolina does not              revision because it is consistent with the
                                                 III, above, because they are consistent
                                                                                                         have Tribal implications as specified by              Clean Air Act (CAA or Act) and EPA’s
                                                 with the CAA and its implementing
                                                                                                         Executive Order 13175 (65 FR 67249,                   regulations.
                                                 regulations.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         November 9, 2000), because it does not                DATES: Comments must be received on
                                                 VI. Statutory and Executive Order                       have substantial direct effects on an                 or before October 22, 2018.
                                                 Reviews                                                 Indian Tribe. The Catawba Indian                      ADDRESSES: Submit your comments,
                                                   Under the CAA, the Administrator is                   Nation Reservation is located within the              identified by Docket ID No. EPA–R04–
                                                 required to approve a SIP submission                    boundary of York County, South                        OAR–2018–0308 at http://
                                                 that complies with the provisions of the                Carolina. Pursuant to the Catawba                     www.regulations.gov. Follow the online
                                                 Act and applicable Federal regulations.                 Indian Claims Settlement Act, S.C. Code               instructions for submitting comments.
                                                 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 Ann. 27–16–120, ‘‘all state and local                 Once submitted, comments cannot be


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                                                                       Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules                                             47857

                                                 edited or removed from Regulations.gov.                 in 40 CFR part 81.1 Under section                       definition ‘‘Rest of State’’; by re-ordering
                                                 EPA may publish any comment received                    107(d) of the CAA, a designation for an                 the definition ‘‘Road’’ from subsection
                                                 to its public docket. Do not submit                     area remains in effect until redesignated               (3) to subsection (2) to be in alphabetical
                                                 electronically any information you                      by EPA.                                                 order and by removing the wording ‘‘as
                                                 consider to be Confidential Business                      In this rule, EPA is proposing to                     used in Section 2(3) of this
                                                 Information (CBI) or other information                  approve revisions to Kentucky                           administrative regulation’’ from the
                                                 whose disclosure is restricted by statute.              regulation 401 KAR 51:010, which                        definition; and by removing the wording
                                                 Multimedia submissions (audio, video,                   updates, as of October 6, 2016, the                     ‘‘as used in Section 8 of this
                                                 etc.) must be accompanied by a written                  description and attainment or                           administrative regulation’’ from the
                                                 comment. The written comment is                         nonattainment status of geographic                      definition ‘‘Statewide.’’ Section 2
                                                 considered the official comment and                     areas within the Commonwealth with                      (Attainment Status Designations) was
                                                 should include discussion of all points                 regard to a number of NAAQS. The                        modified in subsection (1) by listing the
                                                 you wish to make. EPA will generally                    Commonwealth of Kentucky last                           pollutants in alphabetical order and by
                                                 not consider comments or comment                        amended Regulation 401 KAR 51:010 in                    adding the pollutants ‘‘lead,’’ ‘‘ozone,’’
                                                 contents located outside of the primary                 1997 and, since that time, EPA has                      and ‘‘particulate matter’’ to the list; by
                                                 submission (i.e. on the web, cloud, or                  promulgated several revisions to the                    rewording ‘‘Section 5 through 8’’ to
                                                 other file sharing system). For                         designations of areas within the                        ‘‘Sections 4 through 10’’; and by
                                                 additional submission methods, the full                 Commonwealth. As a result, Kentucky                     removing the sentence ‘‘The attainment
                                                 EPA public comment policy,                              has amended Regulation 401 KAR                          status of areas of the Commonwealth of
                                                 information about CBI or multimedia                     51:010 by updating, as of October 6,                    Kentucky with respect to total
                                                 submissions, and general guidance on                    2016, the attainment status designations                suspended particulate is listed in
                                                 making effective comments, please visit                 in Sections 4 through 8 and Section 10                  Section 4 of this administrative
                                                 http://www2.epa.gov/dockets/                            for CO, Pb, NO2, O3, PM2.5, and total                   regulation’’ and in subsection (2) by
                                                 commenting-epa-dockets.                                 suspended solids (TSP) 2 to conform                     adding the acronym ‘‘U.S. EPA’’
                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                         with EPA’s designations as reflected in                 following ‘‘U.S. Environmental
                                                 Madolyn Sanchez, Air Regulatory                         40 CFR 81.318. Regulation 401 KAR                       Protection Agency.’’
                                                 Management Section, Air Planning and                    51:010 has also been amended by                            The attainment status tables (Sections
                                                 Implementation Branch, Air, Pesticides                  making minor textual modifications to                   4 through 8 and Section 10) in 401 KAR
                                                 and Toxics Management Division, U.S.                    the NECESSITY, FUNCTION, AND                            51.010 were re-ordered to be in
                                                 Environmental Protection Agency,                        CONFORMITY section and Section 1                        alphabetical order of the pollutant—CO,
                                                 Region 4, 61 Forsyth Street SW, Atlanta,                (Definitions) and Section 2 (Attainment                 Pb, NO2, O3, PM2.5, and TSP. The
                                                 Georgia 30303–8960. The telephone                       Status Designations). The SIP submittal                 following are the specific revisions
                                                 number is (404) 562–9644. Ms. Sanchez                   amending the Kentucky regulation to                     made to Sections 4 through 8 and
                                                 can also be reached via electronic mail                 incorporate these updates can be found                  Section 10:
                                                 at sanchez.madolyn@epa.gov.                             in the docket at www.regulations.gov
                                                                                                         and are summarized below.                               Section 4.—Attainment Status
                                                 SUPPLEMENTARY INFORMATION:                                                                                      Designations for Carbon Monoxide (CO)
                                                                                                         II. Analysis of the Kentucky Submittal
                                                 I. Background                                                                                                      The attainment status designation
                                                                                                            On December 15, 2016,3 the                           table for CO was amended to reflect the
                                                   Sections 108 and 109 of the CAA                       Commonwealth of Kentucky, through                       attainment status of areas in the
                                                 require EPA to set NAAQS for criteria                   KDAQ, submitted a revision to the                       Commonwealth of Kentucky for the
                                                 air pollutants: Ozone (O3), particulate                 Kentucky SIP. EPA is proposing to                       1971 CO NAAQS.
                                                 matter (PM), carbon monoxide (CO),                      approve portions of the December 15,
                                                 lead (Pb), sulfur dioxide (SO2), and                    2016, submission which amend and                        Section 5.—Attainment Status
                                                 nitrogen dioxide (NO2), and to                          update, as of October 6, 2016, the                      Designations for Lead (Pb)
                                                 undertake periodic review of these                      attainment status designations for CO,                     The attainment status designation
                                                 standards. After EPA sets a new NAAQS                   Pb, NO2, O3, PM2.5, and TSP. EPA is not                 table for Pb was amended to reflect the
                                                 or revises an existing standard, the CAA                acting on the portion of the submittal                  attainment status of areas in the
                                                 requires EPA to determine if areas of the               (Section 9) that modifies the attainment                Commonwealth of Kentucky for the
                                                 country meet the new standards and to                   status designations for SO2.                            2008 Pb NAAQS.
                                                 designate areas as either nonattainment,                   Minor textual modifications were
                                                 unclassifiable/attainment, or                           made to the NECESSITY, FUNCTION,                        Section 6.—Attainment Status
                                                 unclassifiable. Such designations inform                AND CONFORMITY section by                               Designations for Nitrogen Oxides (NO2)
                                                 the state’s planning and implementation                 changing the wording from                                  The attainment status designation
                                                 of requirements to achieve and maintain                 ‘‘Environmental and Public Protection                   Table (1) for NO2 was amended to add
                                                 the NAAQS for each area within that                     Cabinet’’ to ‘‘cabinet’’ and by changing                the ‘‘1971 Annual Standard’’ title to the
                                                 state.                                                  the word ‘‘prescribe’’ to ‘‘promulgate.’’               table. Table (2) was added to reflect the
                                                    Section 107(d) of the CAA governs the                Section 1 (Definitions) was modified by                 attainment status of areas in the
                                                 process for these initial area                          removing the wording ‘‘as used in                       Commonwealth of Kentucky for the
                                                 designations. Under this process, states                Sections 4 through 7 of this                            2010 one-hour NO2 NAAQS.
                                                 and tribes submit recommendations to                    administrative regulation’’ from the
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                                                 EPA as to whether or not an area is                                                                             Section 7.—Attainment Status
                                                 attaining the NAAQS for criteria air                      1 EPA’s
                                                                                                                                                                 Designations for Ozone (O3)
                                                                                                                    attainment status designations for
                                                 pollutants. EPA then considers these                    Kentucky are found at 40 CFR 81.318.                      The following language was added to
                                                 recommendations as part of its                            2 EPA is not acting on the portion of the submittal
                                                                                                                                                                 subsection (1): ‘‘The 1971 One (1) Hour
                                                 obligation to promulgate the area                       (Section 9) that modifies the attainment status         Standard was revoked effective June 15,
                                                                                                         designations for SO2.
                                                 designations and boundaries for the new                   3 EPA notes that the cover letter was dated           2005, for all areas in the Commonwealth
                                                 or revised NAAQS. EPA codifies its                      December 13, 2016. The submittal date is the date       of Kentucky. The Cincinnati-Hamilton,
                                                 designations for areas within each state                of receipt, which was December 15, 2016.                Edmonson County, Huntington-


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                                                 47858                 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules

                                                 Ashland, Lexington-Fayette, Louisville,                 reference. In accordance with                           • Does not have Federalism
                                                 Owensboro, and Paducah areas shall be                   requirements of 1 CFR 51.5, EPA is                    implications as specified in Executive
                                                 considered maintenance for the one (1)                  proposing to incorporate by reference                 Order 13132 (64 FR 43255, August 10,
                                                 hour national ambient air quality                       Kentucky Regulation 401 KAR 51:010,                   1999);
                                                 standards for the purposes of 40 CFR                    Attainment status designations,                         • Is not an economically significant
                                                 part 51, subpart X.’’ The corresponding                 effective October 6, 2016, which was                  regulatory action based on health or
                                                 table for the 1971 O3 standard was                      revised to be consistent with the federal             safety risks subject to Executive Order
                                                 removed.                                                attainment status designations for the                13045 (62 FR 19885, April 23, 1997);
                                                    Table (2) was added to reflect the                   areas within the Commonwealth.4 EPA                     • Is not a significant regulatory action
                                                 attainment status designation of areas in               has made, and will continue to make,                  subject to Executive Order 13211 (66 FR
                                                 the Commonwealth of Kentucky for the                    these materials generally available                   28355, May 22, 2001);
                                                 1997 eight-hour (8-hour) primary and                    through www.regulations.gov and at the                  • Is not subject to requirements of
                                                 secondary O3 NAAQS.                                     EPA Region 4 office (please contact the               Section 12(d) of the National
                                                    Table (3) was added to reflect the                   person identified in the FOR FURTHER                  Technology Transfer and Advancement
                                                 attainment status designation of areas                  INFORMATION CONTACT section of this                   Act of 1995 (15 U.S.C. 272 note) because
                                                 for the 2008 8-hour primary and                         preamble for more information).                       application of those requirements would
                                                 secondary O3 NAAQS.                                                                                           be inconsistent with the CAA; and
                                                                                                         IV. Proposed Action
                                                 Section 8.—Attainment Status                                                                                    • Does not provide EPA with the
                                                                                                           EPA is proposing to approve the                     discretionary authority to address, as
                                                 Designations for PM2.5
                                                                                                         Commonwealth of Kentucky December                     appropriate, disproportionate human
                                                    Table (1) was added to reflect the                   13, 2016, SIP revisions identified in                 health or environmental effects, using
                                                 attainment status of areas in the                       section II above, because these changes               practicable and legally permissible
                                                 Commonwealth of Kentucky for the                        are consistent with the CAA and EPA                   methods, under Executive Order 12898
                                                 1997 annual primary and secondary                       regulations.                                          (59 FR 7629, February 16, 1994).
                                                 PM2.5 NAAQS.                                                                                                    The SIP is not approved to apply on
                                                    Table (2) was added to reflect the                   V. Statutory and Executive Order
                                                                                                         Reviews                                               any Indian reservation land or in any
                                                 attainment status of areas for the 2012                                                                       other area where EPA or an Indian tribe
                                                 annual PM2.5 primary NAAQS.                                Under the CAA, the Administrator is                has demonstrated that a tribe has
                                                    Table (3) was added to reflect the                   required to approve a SIP submission                  jurisdiction. In those areas of Indian
                                                 attainment status of areas for the 1997                 that complies with the provisions of the              country, the rule does not have tribal
                                                 twenty-four hour (24-hour) primary and                  Act and applicable Federal regulations.               implications as specified by Executive
                                                 secondary PM2.5 NAAQS.                                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               Order 13175 (65 FR 67249, November 9,
                                                    Table (4) was added to reflect the                   Thus, in reviewing SIP submissions,                   2000), nor will it impose substantial
                                                 attainment status of areas for the 2006                 EPA’s role is to approve state choices,               direct costs on tribal governments or
                                                 24-hour primary and secondary PM2.5                     provided that they meet the criteria of               preempt tribal law.
                                                 NAAQS.                                                  the CAA. This action merely proposes to
                                                                                                         approve state law as meeting Federal                  List of Subjects in 40 CFR Part 52
                                                 Section 10.—Attainment Status
                                                 Designations for Total Suspended                        requirements and does not impose                        Environmental protection, Air
                                                 Particulates (TSP)                                      additional requirements beyond those                  pollution control, Carbon monoxide,
                                                                                                         imposed by state law. For that reason,                Incorporation by reference,
                                                    The attainment status designation                    this proposed action:                                 Intergovernmental relations, Lead,
                                                 table for TSP was amended to reflect the                   • Is not a significant regulatory action           Nitrogen dioxide, Ozone, Particulate
                                                 attainment status of areas in the                       subject to review by the Office of                    matter, Reporting and recordkeeping
                                                 Commonwealth of Kentucky for the                        Management and Budget under                           requirements, Sulfur oxides, Volatile
                                                 1971 TSP NAAQS.                                         Executive Orders 12866 (58 FR 51735,                  organic compounds.
                                                    EPA has reviewed these changes to                    October 4, 1993) and 13563 (76 FR 3821,
                                                 the Kentucky regulations for attainment                                                                         Authority: 42 U.S.C. 7401 et seq.
                                                                                                         January 21, 2011);
                                                 status designations and is proposing to                    • Is not an Executive Order 13771 (82                Dated: September 10, 2018.
                                                 find that these changes are consistent                  FR 9339, February 2, 2017) regulatory                 Onis ‘‘Trey’’ Glenn, III,
                                                 with federal regulations, specifically 40               action because SIP approvals are                      Regional Administrator, Region 4.
                                                 CFR 81.318.                                             exempted under Executive Order 12866;                 [FR Doc. 2018–20530 Filed 9–20–18; 8:45 am]
                                                    In addition to the revision of                          • Does not impose an information                   BILLING CODE 6560–50–P
                                                 attainment status designations in                       collection burden under the provisions
                                                 Sections 4 through 8 and Section 10 of                  of the Paperwork Reduction Act (44
                                                 Regulation 401 KAR 51:010, the SIP                      U.S.C. 3501 et seq.);                                 ENVIRONMENTAL PROTECTION
                                                 submittal includes minor textual                           • Is certified as not having a                     AGENCY
                                                 modifications to the NECESSITY,                         significant economic impact on a
                                                 FUNCTION, AND CONFORMITY                                substantial number of small entities                  40 CFR Part 271
                                                 section and Section 1 (Definitions) and                 under the Regulatory Flexibility Act (5
                                                 Section 2 (Attainment Status                                                                                  [EPA–R04–RCRA–2018–0527; FRL–9984–
                                                                                                         U.S.C. 601 et seq.);                                  12—Region 4]
                                                 Designations). EPA is proposing to find                    • Does not contain any unfunded
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                                                 that these are administrative changes                   mandate or significantly or uniquely                  Kentucky: Proposed Authorization of
                                                 that are consistent with the                            affect small governments, as described                State Hazardous Waste Management
                                                 requirements of the CAA.                                in the Unfunded Mandates Reform Act                   Program Revisions
                                                 III. Incorporation by Reference                         of 1995 (Pub. L. 104–4);
                                                                                                                                                               AGENCY:  Environmental Protection
                                                    In this rule, EPA is proposing to                      4 The incorporation by reference will not include   Agency (EPA).
                                                 include in a final EPA rule regulatory                  Section 9 of 401 KAR 51:010, as EPA is not acting     ACTION: Proposed rule.
                                                 text that includes incorporation by                     on Section 9 in this action.



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Document Created: 2018-09-21 00:23:16
Document Modified: 2018-09-21 00:23:16
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 October 22, 2018.
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. The telephone number is (404) 562-9644. Ms. Sanchez can also be reached via electronic mail at [email protected]
FR Citation83 FR 47856 
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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