83 FR 55338 - Air Plan Approval; KY; Minor Sources Infrastructure Requirement for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range		55338-55340
FR Document		2018-24203

The Environmental Protection Agency (EPA) is proposing to approve portions of three State Implementation Plan (SIP) submissions, submitted by the Commonwealth of Kentucky, Energy and Environment Cabinet, Department for Environmental Protection, through the Kentucky Division for Air Quality (KDAQ) on April 26, 2013 (two submissions), and February 8, 2016. The submissions address requirements for implementation of the 2012 Fine Particulate Matter (PM<INF>2.5</INF>), 2010 Nitrogen Dioxide (NO<INF>2</INF>), and 2010 Sulfur Dioxide (SO<INF>2</INF>) national ambient air quality standards (NAAQS). When EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act) requires the state to make a new SIP submission establishing that the existing SIP meets the various applicable requirements, or revising the SIP to meet those requirements. This type of SIP submission is commonly referred to as an ``infrastructure'' SIP. In this proposed action, EPA is proposing to approve the portions of these infrastructure SIP submissions from Kentucky that relate to the minor source program requirements for the 2012 PM<INF>2.5</INF>, 2010 NO<INF>2</INF>, and 2010 SO<INF>2</INF> NAAQS.

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)

[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55338-55340]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0213, EPA-R04-OAR-2014-0767, EPA-R04-OAR-2014-0426; 
FRL-9986-17-Region 4]


Air Plan Approval; KY; Minor Sources Infrastructure Requirement 
for the 2012 PM2.5, 2010 NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of three State Implementation Plan (SIP) submissions, 
submitted by the Commonwealth of Kentucky, Energy and Environment 
Cabinet, Department for Environmental Protection, through the Kentucky 
Division for Air Quality (KDAQ) on April 26, 2013 (two submissions), 
and February 8, 2016. The submissions address requirements for 
implementation of the 2012 Fine Particulate Matter (PM2.5), 
2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide 
(SO2) national ambient air quality standards (NAAQS). When 
EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act) 
requires the state to make a new SIP submission establishing that the 
existing SIP meets the various applicable requirements, or revising the 
SIP to meet those requirements. This type of SIP submission is commonly 
referred to as an ``infrastructure'' SIP. In this proposed action, EPA 
is proposing to approve the portions of these infrastructure SIP 
submissions from Kentucky that relate to the minor source program 
requirements for the 2012 PM2.5, 2010 NO2, and 
2010 SO2 NAAQS.

DATES: Written comments must be received on or before December 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R04-
OAR-2016-0213, EPA-R04-OAR-2014-0767, EPA-R04-OAR-2014-0426 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: Michele Notarianni, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Ms. Notarianni can be reached via electronic mail at 
[email protected] or the telephone number (404) 562-9031.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under section 110 of the CAA, states are required to have SIPs that 
provide for the implementation, maintenance, and enforcement of the 
NAAQS. States are further required to make a SIP submission meeting the 
applicable requirements of sections 110(a)(1) and (2) within three 
years of EPA promulgating a new or revised NAAQS.\1\ EPA has 
historically referred to these SIP submissions made for the purpose of 
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as 
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require 
states to address basic SIP elements such as for monitoring, basic 
program requirements and legal authority that are designed to assure 
attainment and maintenance of the newly established or revised NAAQS. 
More specifically, section 110(a)(1) provides the procedural and timing 
requirements for SIPs; section 110(a)(2) lists specific elements that 
states must meet for infrastructure SIPs related to a newly established 
or revised NAAQS. The contents of an infrastructure SIP submission may 
vary depending upon

[[Page 55339]]

the data and analytical tools available to the state, as well as the 
provisions already contained in the state's implementation plan at the 
time in which the state develops and submits the submission for a new 
or revised NAAQS.
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    \1\ See EPA's May 10, 2017, action proposing to approve other 
portions of Kentucky's infrastructure SIP submittal for the 2012 
PM2.5 NAAQS for a discussion of EPA's general approach to 
reviewing infrastructure SIP submittals. 82 FR 21751.
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    This action pertains to one of the requirements of section 
110(a)(2) that is relevant in the context of a state's development, and 
EPA's evaluation of, infrastructure SIP submissions: the minor source 
requirements of section 110(a)(2)(C). Specifically, this action 
pertains to the Kentucky infrastructure SIP submissions for the 2012 
annual primary PM2.5, 2010 primary NO2, and 2010 
primary SO2 NAAQS. All other applicable infrastructure 
requirements for the 2012 PM2.5, 2010 NO2, and 
2010 SO2 NAAQS for Kentucky are being or have been addressed 
in separate rulemakings.
    A brief background regarding the NAAQS relevant to today's proposal 
is provided below. For comprehensive information on these NAAQS, please 
refer to the Federal Register rulemakings cited below.

a. 2012 PM2.5 NAAQS

    On December 14, 2012 (78 FR 3086, January 15, 2013), EPA revised 
the primary annual PM2.5 NAAQS. The standard was 
strengthened from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 
[mu]g/m\3\. States were required to submit infrastructure SIP 
submissions for the 2012 annual PM2.5 NAAQS to EPA no later 
than December 14, 2015. For the 2012 PM2.5 NAAQS, EPA is 
proposing to approve the minor source element of the infrastructure SIP 
submission submitted by KDAQ on February 8, 2016.\2\
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    \2\ EPA approved portions of Kentucky's February 8, 2016, 
PM2.5 infrastructure submission in a separate action. See 
82 FR 37012 (August 8, 2017). EPA has not yet acted on the 
interstate transport requirements of section 110(a)(2)(D)(i)(I) and 
(II) (prongs 1, 2, and 4) for the 2012 PM2.5 NAAQS.
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b. 2010 NO2 NAAQS

    On January 22, 2010 (75 FR 6474, February 9, 2010), EPA established 
a new 1-hour primary NAAQS for NO2 at a level of 100 parts 
per billion (ppb), based on a 3-year average of the 98th percentile of 
the yearly distribution of 1-hour daily maximum concentrations. States 
were required to submit infrastructure SIP submissions for the 2010 
NO2 NAAQS to EPA no later than January 22, 2013. For the 
2010 NO2 NAAQS, EPA is proposing to approve the minor source 
element of the infrastructure SIP submission submitted by KDAQ on April 
26, 2013.\3\
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    \3\ EPA approved portions of Kentucky's April 26, 2013, 
NO2 infrastructure submission in separate actions. See 81 
FR 83152 (November 21, 2016), and 80 FR 14019 (March 18, 2015). EPA 
has not yet acted on the interstate transport requirements of 
section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) for the 
2010 NO2 NAAQS.
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c. 2010 SO2 NAAQS

    On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the 
primary SO2 NAAQS to an hourly standard at a level of 75 
ppb, based on a 3-year average of the annual 99th percentile of 1-hour 
daily maximum concentrations. States were required to submit 
infrastructure SIP submissions for the 2010 1-hour primary 
SO2 NAAQS (``2010 SO2 NAAQS'') to EPA no later 
than June 2, 2013. For the 2010 SO2 NAAQS, EPA is proposing 
to approve the minor source element of the infrastructure SIP 
submission submitted by KDAQ on April 26, 2013.\4\
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    \4\ EPA approved portions of Kentucky's April 26, 2013, 
SO2 infrastructure submission in a separate action. See 
81 FR 87817 (December 6, 2016). EPA has not yet acted on the 
interstate transport requirements of section 110(a)(2)(D)(i)(I) and 
(II) (prongs 1, 2, and 4) for the 2010 SO2 NAAQS.
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II. What are States required to address under section 110(a)(2)(C) 
related to the minor sources element?

    Section 110(a)(2)(C) requires SIPs to ``include a program to 
provide for the enforcement of the measures described in subparagraph 
(A) [i.e., enforceable emission limitations and measures], and 
regulation of the modification and construction of any stationary 
source within the areas covered by the plan as necessary to assure that 
the [NAAQS] are achieved, including the permit program as required in 
parts C and D of this subchapter.'' Generally, EPA summarizes the 
requirements of 110(a)(2)(C) as requiring that SIPs address three 
components: enforcement, state-wide regulation of new and modified 
minor sources and minor modifications of major sources; and prevention 
of significant deterioration (PSD) permitting of major sources and 
major modifications in areas designated attainment or unclassifiable 
for the subject NAAQS as required by CAA title I part C (i.e., the PSD 
program).\5\ EPA is proposing action only on the minor source program 
element of 110(a)(2)(C) for Kentucky's infrastructure SIP submissions 
for the 2012 PM2.5, 2010 NO2, and 2010 
SO2 NAAQS.
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    \5\ EPA has long noted that a literal reading of the statutory 
provision to meet all requirements of section 110(a)(2) on the 
schedule provided in section 110(a)(1) would create a conflict with 
the nonattainment provisions in part D of Title I of the CAA, which 
specifically address nonattainment area SIP requirements. See id. at 
4. For example, section 110(a)(2)(C), in part, pertains to the 
permit program required in part D of the CAA, which are 
nonattainment SIP requirements. The provisions in section 172(b) for 
submission of such plans for nonattainment areas differ from the 
timing requirements for an infrastructure SIP submission under 
110(a)(1). Thus, rather than applying all the stated requirements of 
section 110(a)(2) in a strict, literal sense, EPA has determined 
that certain provisions like the part D permit program requirements 
in 110(a)(2)(C) and 110(a)(2)(I) are not applicable for a particular 
infrastructure SIP submission. See generally ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements under Clean 
Air Act Sections 110(a)(1) and 110(a)(2),'' Memorandum from Stephen 
D. Page, September 13, 2013 (hereinafter, ``2013 Guidance''), at 4-
5, 24, and 52.
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    EPA rules addressing SIP requirements for pre-construction 
regulatory programs that apply to minor sources and minor modifications 
are at 40 CFR 51.160 through 51.164. Pursuant the 2013 guidance, EPA's 
review of infrastructure SIP submissions with respect to the minor 
source requirements in section 110(a)(2)(C) focuses on assuring that 
the state's SIP meets basic minor source program requirements. Thus, 
EPA evaluates whether the state has identified existing EPA-approved 
SIP provisions (or submitted for approval new provisions) containing 
requirements for minor sources and minor modifications (minor new 
source review (NSR) program) and whether the program addresses the 
pollutants relevant to that NAAQS.\6\
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    \6\ 2013 Guidance at 24.
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III. What is EPA's analysis of how Kentucky addressed section 
110(a)(2)(C) related to the minor sources element?

    On April 26, 2013, and February 8, 2016, KDAQ submitted 
infrastructure SIP submissions to EPA that addressed the minor source 
element of section 110(a)(2)(C) for the pollutants relevant to the 2012 
PM2.5, 2010 NO2, and 2010 SO2 NAAQS, 
in addition to other infrastructure SIP requirements. KDAQ also 
provided clarifying information to EPA on December 18, 2017, and May 2, 
2018, describing Kentucky's suite of SIP-approved regulations which 
comprise the basic structural elements of the minor source program in 
the Commonwealth.\7\ Specifically, the Commonwealth cited to the 
following Kentucky Administrative Regulations (KAR) under title 401 to 
meet the minor source SIP requirements: Kentucky's NSR permitting 
regulations are found at 401 KAR 51:001, Definitions of Chapter 51; 401 
KAR 51:017, Prevention of significant deterioration of air quality; and 
401 KAR 51:052, Review of new

[[Page 55340]]

sources in or impacting upon nonattainment areas. Kentucky addresses 
requirements for public participation and public availability of 
information through 401 KAR 52:100, Public, affected state, and U.S. 
EPA review. 401 KAR 50:060, Enforcement, establishes legally 
enforceable procedures. Air dispersion modeling requirements under the 
NSR permitting process are addressed in 401 KAR 51:017; 401 KAR 51:052; 
and 401 KAR 50:040, Air quality models. 401 KAR 50:065, Conformity of 
general federal actions, sets forth procedures for determining the 
conformity of general federal actions to the Kentucky SIP and requires 
consultation between federal government and state government, and, as 
applicable, any local agency. 401 KAR 50:042, Good engineering practice 
stack height, addresses stack height requirements. Further, Kentucky's 
May 2, 2018, correspondence describes how minor sources are evaluated 
in the NSR permitting process, including how these sources are 
incorporated into NSR air dispersion modeling analyses as relevant to 
each case.
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    \7\ Kentucky correspondence to EPA dated December 18, 2017, and 
May 2, 2018, are in each of the dockets for this action under 
``Proposed Rule-2.''
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    Based on the information Kentucky provided in its SIP submissions 
dated February 8, 2016, and April 26, 2013, and clarified in 
correspondence to EPA dated December 18, 2017, and May 2, 2018, EPA is 
proposing to determine Kentucky has a SIP-approved minor NSR program 
that addresses the pollutants relevant to the 2012 PM2.5, 
2010 NO2, and 2010 SO2 NAAQS. EPA has therefore 
made the preliminary determination that Kentucky's SIP satisfies 
section 110(a)(2)(C) for new and modified minor sources and minor 
modifications of major sources related to the 2012 PM2.5, 
2010 NO2, and 2010 SO2 NAAQS.

IV. Proposed Action

    As described above, EPA is proposing to approve the portions of the 
infrastructure SIP submissions from Kentucky dated February 8, 2016, 
and April 26, 2013, addressing the minor source requirements of section 
110(a)(2)(C) of the CAA for the 2012 PM2.5, 2010 
NO2, and 2010 SO2 NAAQS. EPA is proposing 
approval of the minor source portions of these submissions because they 
are consistent with section 110 of the CAA.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided they meet the criteria of the CAA. These actions merely 
propose to approve state law as meeting Federal requirements and do not 
impose additional requirements beyond those imposed by state law. For 
that reason, these proposed actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements, Particulate matter, Sulfur dioxide.

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

    Dated: October 25, 2018.
Onis ``Trey'' Glen, III,
Regional Administrator, Region 4.
[FR Doc. 2018-24203 Filed 11-2-18; 8:45 am]
 BILLING CODE 6560-50-P

55338 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules

• Is not a significant regulatory action Dated: October 25, 2018. Confidential Business Information (CBI)
subject to review by the Office of Onis ‘‘Trey’’ Glenn, III, or other information whose disclosure is
Management and Budget under Regional Administrator, Region 4. restricted by statute. Multimedia
Executive Orders 12866 (58 FR 51735, [FR Doc. 2018–24179 Filed 11–2–18; 8:45 am] submissions (audio, video, etc.) must be
October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P accompanied by a written comment.
January 21, 2011); The written comment is considered the
• Is not an Executive Order 13771 (82 official comment and should include
FR 9339, February 2, 2017) regulatory ENVIRONMENTAL PROTECTION discussion of all points you wish to
action because SIP approvals are AGENCY make. EPA will generally not consider
exempted under Executive Order 12866; comments or comment contents located
• Does not impose an information 40 CFR Part 52 outside of the primary submission (i.e.
collection burden under the provisions [EPA–R04–OAR–2016–0213, EPA–R04– on the web, cloud, or other file sharing
of the Paperwork Reduction Act (44 OAR–2014–0767, EPA–R04–OAR–2014– system). For additional submission
U.S.C. 3501 et seq.); 0426; FRL–9986–17–Region 4] methods, the full EPA public comment
• Is certified as not having a policy, information about CBI or
significant economic impact on a Air Plan Approval; KY; Minor Sources multimedia submissions, and general
substantial number of small entities Infrastructure Requirement for the guidance on making effective
under the Regulatory Flexibility Act (5 2012 PM2.5, 2010 NO2, and 2010 SO2 comments, please visit http://
U.S.C. 601 et seq.); NAAQS www2.epa.gov/dockets/commenting-
• Does not contain any unfunded AGENCY: Environmental Protection epa-dockets.
mandate or significantly or uniquely Agency (EPA). FOR FURTHER INFORMATION CONTACT:
affect small governments, as described ACTION: Proposed rule. Michele Notarianni, Air Regulatory
in the Unfunded Mandates Reform Act Management Section, Air Planning and
of 1995 (Pub. L. 104–4); SUMMARY: The Environmental Protection Implementation Branch, Air, Pesticides
• Does not have Federalism Agency (EPA) is proposing to approve and Toxics Management Division, U.S.
implications as specified in Executive portions of three State Implementation Environmental Protection Agency,
Order 13132 (64 FR 43255, August 10, Plan (SIP) submissions, submitted by Region 4, 61 Forsyth Street SW, Atlanta,
1999); the Commonwealth of Kentucky, Energy Georgia 30303–8960. Ms. Notarianni can
• Is not an economically significant and Environment Cabinet, Department be reached via electronic mail at
regulatory action based on health or for Environmental Protection, through notarianni.michele@epa.gov or the
safety risks subject to Executive Order the Kentucky Division for Air Quality telephone number (404) 562–9031.
13045 (62 FR 19885, April 23, 1997); (KDAQ) on April 26, 2013 (two SUPPLEMENTARY INFORMATION:
• Is not a significant regulatory action submissions), and February 8, 2016. The
subject to Executive Order 13211 (66 FR submissions address requirements for I. Background
28355, May 22, 2001); implementation of the 2012 Fine Under section 110 of the CAA, states
• Is not subject to requirements of Particulate Matter (PM2.5), 2010 are required to have SIPs that provide
Section 12(d) of the National Nitrogen Dioxide (NO2), and 2010 for the implementation, maintenance,
Technology Transfer and Advancement Sulfur Dioxide (SO2) national ambient and enforcement of the NAAQS. States
Act of 1995 (15 U.S.C. 272 note) because air quality standards (NAAQS). When are further required to make a SIP
application of those requirements would EPA promulgates a new or revised submission meeting the applicable
be inconsistent with the CAA; and NAAQS, the Clean Air Act (CAA or Act) requirements of sections 110(a)(1) and
• Does not provide EPA with the requires the state to make a new SIP (2) within three years of EPA
discretionary authority to address, as submission establishing that the existing promulgating a new or revised
appropriate, disproportionate human SIP meets the various applicable NAAQS.1 EPA has historically referred
health or environmental effects, using requirements, or revising the SIP to to these SIP submissions made for the
practicable and legally permissible meet those requirements. This type of purpose of satisfying the requirements
methods, under Executive Order 12898 SIP submission is commonly referred to of CAA sections 110(a)(1) and 110(a)(2)
(59 FR 7629, February 16, 1994). as an ‘‘infrastructure’’ SIP. In this as ‘‘infrastructure SIP’’ submissions.
The SIP is not approved to apply on proposed action, EPA is proposing to Sections 110(a)(1) and (2) require states
any Indian reservation land or in any approve the portions of these to address basic SIP elements such as
other area where EPA or an Indian tribe infrastructure SIP submissions from for monitoring, basic program
has demonstrated that a tribe has Kentucky that relate to the minor source requirements and legal authority that
jurisdiction. In those areas of Indian program requirements for the 2012 are designed to assure attainment and
country, the rule does not have tribal PM2.5, 2010 NO2, and 2010 SO2 NAAQS. maintenance of the newly established or
implications as specified by Executive DATES: Written comments must be revised NAAQS. More specifically,
Order 13175 (65 FR 67249, November 9, received on or before December 5, 2018. section 110(a)(1) provides the
2000), nor will it impose substantial ADDRESSES: Submit your comments, procedural and timing requirements for
direct costs on tribal governments or identified by Docket ID Nos. EPA–R04– SIPs; section 110(a)(2) lists specific
preempt tribal law. OAR–2016–0213, EPA–R04–OAR– elements that states must meet for
List of Subjects in 40 CFR Part 52 2014–0767, EPA–R04–OAR–2014–0426 infrastructure SIPs related to a newly
at http://www.regulations.gov. Follow established or revised NAAQS. The
Environmental protection, Air the online instructions for submitting contents of an infrastructure SIP
pollution control, Incorporation by comments. Once submitted, comments submission may vary depending upon
reference, Intergovernmental relations, cannot be edited or removed from
Nitrogen dioxide, Ozone, Reporting and Regulations.gov. EPA may publish any 1 See EPA’s May 10, 2017, action proposing to

recordkeeping requirements, Volatile comment received to its public docket. approve other portions of Kentucky’s infrastructure
organic compounds. SIP submittal for the 2012 PM2.5 NAAQS for a
Do not submit electronically any discussion of EPA’s general approach to reviewing
Authority: 42 U.S.C. 7401 et seq. information you consider to be infrastructure SIP submittals. 82 FR 21751.

VerDate Sep<11>2014 17:06 Nov 02, 2018 Jkt 247001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.SGM 05NOP1

Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules 55339

the data and analytical tools available to infrastructure SIP submission submitted proposing action only on the minor
the state, as well as the provisions by KDAQ on April 26, 2013.3 source program element of 110(a)(2)(C)
already contained in the state’s for Kentucky’s infrastructure SIP
c. 2010 SO2 NAAQS
implementation plan at the time in submissions for the 2012 PM2.5, 2010
which the state develops and submits On June 2, 2010 (75 FR 35520, June NO2, and 2010 SO2 NAAQS.
the submission for a new or revised 22, 2010), EPA revised the primary SO2 EPA rules addressing SIP
NAAQS. NAAQS to an hourly standard at a level requirements for pre-construction
of 75 ppb, based on a 3-year average of regulatory programs that apply to minor
This action pertains to one of the the annual 99th percentile of 1-hour sources and minor modifications are at
requirements of section 110(a)(2) that is daily maximum concentrations. States 40 CFR 51.160 through 51.164. Pursuant
relevant in the context of a state’s were required to submit infrastructure the 2013 guidance, EPA’s review of
development, and EPA’s evaluation of, SIP submissions for the 2010 1-hour infrastructure SIP submissions with
infrastructure SIP submissions: the primary SO2 NAAQS (‘‘2010 SO2 respect to the minor source
minor source requirements of section NAAQS’’) to EPA no later than June 2, requirements in section 110(a)(2)(C)
110(a)(2)(C). Specifically, this action 2013. For the 2010 SO2 NAAQS, EPA is focuses on assuring that the state’s SIP
pertains to the Kentucky infrastructure proposing to approve the minor source meets basic minor source program
SIP submissions for the 2012 annual element of the infrastructure SIP requirements. Thus, EPA evaluates
primary PM2.5, 2010 primary NO2, and submission submitted by KDAQ on whether the state has identified existing
2010 primary SO2 NAAQS. All other April 26, 2013.4 EPA-approved SIP provisions (or
applicable infrastructure requirements submitted for approval new provisions)
II. What are States required to address
for the 2012 PM2.5, 2010 NO2, and 2010 under section 110(a)(2)(C) related to the containing requirements for minor
SO2 NAAQS for Kentucky are being or minor sources element? sources and minor modifications (minor
have been addressed in separate new source review (NSR) program) and
rulemakings. Section 110(a)(2)(C) requires SIPs to whether the program addresses the
‘‘include a program to provide for the pollutants relevant to that NAAQS.6
A brief background regarding the enforcement of the measures described
NAAQS relevant to today’s proposal is in subparagraph (A) [i.e., enforceable III. What is EPA’s analysis of how
provided below. For comprehensive emission limitations and measures], and Kentucky addressed section
information on these NAAQS, please regulation of the modification and 110(a)(2)(C) related to the minor
refer to the Federal Register construction of any stationary source sources element?
rulemakings cited below. within the areas covered by the plan as On April 26, 2013, and February 8,
a. 2012 PM2.5 NAAQS necessary to assure that the [NAAQS] 2016, KDAQ submitted infrastructure
are achieved, including the permit SIP submissions to EPA that addressed
On December 14, 2012 (78 FR 3086, program as required in parts C and D of the minor source element of section
January 15, 2013), EPA revised the this subchapter.’’ Generally, EPA 110(a)(2)(C) for the pollutants relevant
primary annual PM2.5 NAAQS. The summarizes the requirements of to the 2012 PM2.5, 2010 NO2, and 2010
standard was strengthened from 15.0 110(a)(2)(C) as requiring that SIPs SO2 NAAQS, in addition to other
micrograms per cubic meter (mg/m3) to address three components: enforcement, infrastructure SIP requirements. KDAQ
12.0 mg/m3. States were required to state-wide regulation of new and also provided clarifying information to
submit infrastructure SIP submissions modified minor sources and minor EPA on December 18, 2017, and May 2,
for the 2012 annual PM2.5 NAAQS to modifications of major sources; and 2018, describing Kentucky’s suite of
EPA no later than December 14, 2015. prevention of significant deterioration SIP-approved regulations which
For the 2012 PM2.5 NAAQS, EPA is (PSD) permitting of major sources and comprise the basic structural elements
proposing to approve the minor source major modifications in areas designated of the minor source program in the
element of the infrastructure SIP attainment or unclassifiable for the Commonwealth.7 Specifically, the
subject NAAQS as required by CAA title Commonwealth cited to the following
submission submitted by KDAQ on
I part C (i.e., the PSD program).5 EPA is Kentucky Administrative Regulations
February 8, 2016.2
(KAR) under title 401 to meet the minor
b. 2010 NO2 NAAQS 3 EPA approved portions of Kentucky’s April 26,
source SIP requirements: Kentucky’s
2013, NO2 infrastructure submission in separate NSR permitting regulations are found at
On January 22, 2010 (75 FR 6474, actions. See 81 FR 83152 (November 21, 2016), and
80 FR 14019 (March 18, 2015). EPA has not yet 401 KAR 51:001, Definitions of Chapter
February 9, 2010), EPA established a acted on the interstate transport requirements of 51; 401 KAR 51:017, Prevention of
new 1-hour primary NAAQS for NO2 at section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and significant deterioration of air quality;
a level of 100 parts per billion (ppb), 4) for the 2010 NO2 NAAQS.
and 401 KAR 51:052, Review of new
4 EPA approved portions of Kentucky’s April 26,
based on a 3-year average of the 98th
2013, SO2 infrastructure submission in a separate
percentile of the yearly distribution of 1- action. See 81 FR 87817 (December 6, 2016). EPA under 110(a)(1). Thus, rather than applying all the
hour daily maximum concentrations. has not yet acted on the interstate transport stated requirements of section 110(a)(2) in a strict,
States were required to submit requirements of section 110(a)(2)(D)(i)(I) and (II) literal sense, EPA has determined that certain
(prongs 1, 2, and 4) for the 2010 SO2 NAAQS. provisions like the part D permit program
infrastructure SIP submissions for the 5 EPA has long noted that a literal reading of the requirements in 110(a)(2)(C) and 110(a)(2)(I) are not
2010 NO2 NAAQS to EPA no later than statutory provision to meet all requirements of applicable for a particular infrastructure SIP
January 22, 2013. For the 2010 NO2 section 110(a)(2) on the schedule provided in submission. See generally ‘‘Guidance on
NAAQS, EPA is proposing to approve section 110(a)(1) would create a conflict with the Infrastructure State Implementation Plan (SIP)
nonattainment provisions in part D of Title I of the Elements under Clean Air Act Sections 110(a)(1)
the minor source element of the and 110(a)(2),’’ Memorandum from Stephen D.
CAA, which specifically address nonattainment
area SIP requirements. See id. at 4. For example, Page, September 13, 2013 (hereinafter, ‘‘2013
2 EPA approved portions of Kentucky’s February section 110(a)(2)(C), in part, pertains to the permit Guidance’’), at 4–5, 24, and 52.
6 2013 Guidance at 24.
8, 2016, PM2.5 infrastructure submission in a program required in part D of the CAA, which are
separate action. See 82 FR 37012 (August 8, 2017). nonattainment SIP requirements. The provisions in 7 Kentucky correspondence to EPA dated

EPA has not yet acted on the interstate transport section 172(b) for submission of such plans for December 18, 2017, and May 2, 2018, are in each
requirements of section 110(a)(2)(D)(i)(I) and (II) nonattainment areas differ from the timing of the dockets for this action under ‘‘Proposed Rule-
(prongs 1, 2, and 4) for the 2012 PM2.5 NAAQS. requirements for an infrastructure SIP submission 2.’’

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55340 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules

sources in or impacting upon EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52
nonattainment areas. Kentucky provided they meet the criteria of the Environmental protection, Air
addresses requirements for public CAA. These actions merely propose to pollution control, Incorporation by
participation and public availability of approve state law as meeting Federal reference, Intergovernmental relations,
information through 401 KAR 52:100, requirements and do not impose Nitrogen dioxide, Reporting and
Public, affected state, and U.S. EPA additional requirements beyond those recordkeeping requirements, Particulate
review. 401 KAR 50:060, Enforcement, imposed by state law. For that reason, matter, Sulfur dioxide.
establishes legally enforceable these proposed actions:
Authority: 42 U.S.C. 7401 et seq.
procedures. Air dispersion modeling • Are not significant regulatory
requirements under the NSR permitting actions subject to review by the Office Dated: October 25, 2018.
process are addressed in 401 KAR of Management and Budget under Onis ‘‘Trey’’ Glen, III,
51:017; 401 KAR 51:052; and 401 KAR Executive Orders 12866 (58 FR 51735, Regional Administrator, Region 4.
50:040, Air quality models. 401 KAR October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2018–24203 Filed 11–2–18; 8:45 am]
50:065, Conformity of general federal January 21, 2011); BILLING CODE 6560–50–P
actions, sets forth procedures for • Are not Executive Order 13771 (82
determining the conformity of general FR 9339, February 2, 2017) regulatory
federal actions to the Kentucky SIP and actions because SIP approvals are ENVIRONMENTAL PROTECTION
requires consultation between federal exempted under Executive Order 12866; AGENCY
government and state government, and,
• Do not impose an information
as applicable, any local agency. 401 40 CFR Part 282
collection burden under the provisions
KAR 50:042, Good engineering practice
of the Paperwork Reduction Act (44 [EPA–R08–UST–2018–0169; FRL–9982–20–
stack height, addresses stack height
U.S.C. 3501 et seq.); Region 8]
requirements. Further, Kentucky’s May
2, 2018, correspondence describes how • Are certified as not having a
significant economic impact on a Utah: Final Approval of State
minor sources are evaluated in the NSR Underground Storage Tank Program
permitting process, including how these substantial number of small entities
under the Regulatory Flexibility Act (5 Revisions, Codification, and
sources are incorporated into NSR air Incorporation by Reference
dispersion modeling analyses as U.S.C. 601 et seq.);
relevant to each case. • Do not contain any unfunded AGENCY: Environmental Protection
Based on the information Kentucky mandate or significantly or uniquely Agency (EPA).
provided in its SIP submissions dated affect small governments, as described ACTION: Proposed rule.
February 8, 2016, and April 26, 2013, in the Unfunded Mandates Reform Act
and clarified in correspondence to EPA of 1995 (Pub. L. 104–4); SUMMARY: Pursuant to the Resource
dated December 18, 2017, and May 2, • Do not have Federalism Conservation and Recovery Act (RCRA
2018, EPA is proposing to determine implications as specified in Executive or Act), the Environmental Protection
Kentucky has a SIP-approved minor Order 13132 (64 FR 43255, August 10, Agency (EPA) is proposing to approve
NSR program that addresses the 1999); revisions to the State of Utah’s
pollutants relevant to the 2012 PM2.5, • Are not economically significant Underground Storage Tank (UST)
2010 NO2, and 2010 SO2 NAAQS. EPA regulatory actions based on health or program submitted by the State. This
has therefore made the preliminary safety risks subject to Executive Order action is based on EPA’s determination
determination that Kentucky’s SIP 13045 (62 FR 19885, April 23, 1997); that the State’s revisions satisfy all
satisfies section 110(a)(2)(C) for new and • Are not significant regulatory requirements for UST program approval.
modified minor sources and minor actions subject to Executive Order This action also proposes to codify
modifications of major sources related 13211 (66 FR 28355, May 22, 2001); Utah’s state program as revised by Utah
to the 2012 PM2.5, 2010 NO2, and 2010 • Are not subject to requirements of and approved by the EPA and to
SO2 NAAQS. Section 12(d) of the National incorporate by reference the State
IV. Proposed Action Technology Transfer and Advancement regulations that we have determined
Act of 1995 (15 U.S.C. 272 note) because meet the requirements for approval. The
As described above, EPA is proposing State’s federally-authorized and codified
to approve the portions of the application of those requirements would
be inconsistent with the CAA; and UST program, as revised pursuant to
infrastructure SIP submissions from this action, will remain subject to the
Kentucky dated February 8, 2016, and • Do not provide EPA with the
discretionary authority to address, as EPA’s inspection and enforcement
April 26, 2013, addressing the minor authorities under sections 9005 and
source requirements of section appropriate, disproportionate human
health or environmental effects, using 9006 of RCRA subtitle I and other
110(a)(2)(C) of the CAA for the 2012 applicable statutory and regulatory
PM2.5, 2010 NO2, and 2010 SO2 NAAQS. practicable and legally permissible
methods, under Executive Order 12898 provisions.
EPA is proposing approval of the minor
source portions of these submissions (59 FR 7629, February 16, 1994). DATES: Send written comments by
because they are consistent with section The SIP is not approved to apply on December 5, 2018.
110 of the CAA. any Indian reservation land or in any ADDRESSES: Submit your comments by
other area where EPA or an Indian tribe one of the following methods:
V. Statutory and Executive Order has demonstrated that a tribe has 1. Federal eRulemaking Portal: http://
Reviews jurisdiction. In those areas of Indian www.regulations.gov. Follow the online
Under the CAA, the Administrator is country, the rule does not have tribal instructions for submitting comments.
required to approve a SIP submission implications as specified by Executive 2. Email: langenfeld.matthew@
that complies with the provisions of the Order 13175 (65 FR 67249, November 9, epa.gov.
Act and applicable Federal regulations. 2000), nor will it impose substantial 3. Mail: Matthew Langenfeld, Region
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). direct costs on tribal governments or 8, Project Officer, UST, Solid Waste and
Thus, in reviewing SIP submissions, preempt tribal law. PCB Unit, Resource Conservation and

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Document Created: 2018-11-03 00:28:36
Document Modified: 2018-11-03 00:28:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before December 5, 2018.
Contact		Michele Notarianni, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Notarianni can be reached via electronic mail at [email protected] or the telephone number (404) 562-9031.
FR Citation		83 FR 55338
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Reporting and Recordkeeping Requirements; Particulate Matter and Sulfur Dioxide