83_FR_5620 83 FR 5593 - Air Plan Approval; KY; Fine Particulate Matter and Ozone NAAQS Revisions

83 FR 5593 - Air Plan Approval; KY; Fine Particulate Matter and Ozone NAAQS Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 27 (February 8, 2018)

Page Range5593-5594
FR Document2018-02464

The Environmental Protection Agency (EPA) is proposing to approve portions of State Implementation Plan (SIP) revisions submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality, on December 21, 2016 and August 29, 2017, on behalf of the Louisville Metro Air Pollution Control District (District). EPA is proposing to approve the portions of the submittals that modify the District's Ambient Air Quality Standards regulation, as incorporated into the SIP. The revisions to the SIP that EPA is proposing to approve pertain to changes to the District's air quality standards for fine particulate matter (PM<INF>2.5</INF>) and ozone to reflect the 2012 PM<INF>2.5</INF> and 2015 ozone national ambient air quality standards (NAAQS). EPA is proposing to approve these portions of the SIP revisions because the Commonwealth has demonstrated that they are consistent with the Clean Air Act (CAA or Act). EPA will act on the other portions of the December 21, 2016, and August 29, 2017, submittals in a separate action.

Federal Register, Volume 83 Issue 27 (Thursday, February 8, 2018)
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Proposed Rules]
[Pages 5593-5594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02464]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0550; FRL-9974-24-Region 4]


Air Plan Approval; KY; Fine Particulate Matter and Ozone NAAQS 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of State Implementation Plan (SIP) revisions submitted 
by the Commonwealth of Kentucky, through the Kentucky Division for Air 
Quality, on December 21, 2016 and August 29, 2017, on behalf of the 
Louisville Metro Air Pollution Control District (District). EPA is 
proposing to approve the portions of the submittals that modify the 
District's Ambient Air Quality Standards regulation, as incorporated 
into the SIP. The revisions to the SIP that EPA is proposing to approve 
pertain to changes to the District's air quality standards for fine 
particulate matter (PM2.5) and ozone to reflect the 2012 
PM2.5 and 2015 ozone national ambient air quality standards 
(NAAQS). EPA is proposing to approve these portions of the SIP 
revisions because the Commonwealth has demonstrated that they are 
consistent with the Clean Air Act (CAA or Act). EPA will act on the 
other portions of the December 21, 2016, and August 29, 2017, 
submittals in a separate action.

DATES: Written comments must be received on or before March 12, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0550 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Ms. Sanchez can be reached via telephone at (404) 562-9644 
or via electronic mail at sanchez.madolyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. EPA's regulatory provisions that govern the NAAQS are found 
at 40 CFR 50--National Primary and Secondary Ambient Air Quality 
Standards. In this rule, EPA is proposing to approve the portions of 
the revisions to the Jefferson County air quality regulations \1\ 
addressing Regulation 3.01, Ambient Air Quality Standards, in the 
Kentucky SIP, submitted by the Commonwealth on December 21, 2016, and 
August 29, 2017. Regulation 3.01 is amended \2\ by updating air quality 
standards in Section 7 for PM2.5 and ozone to reflect the 
most recent NAAQS, removing the numbering of the subsections in Section 
7, and making textual modifications to the footnotes. The SIP 
submittals amending the Jefferson County regulations to incorporate the 
most recent PM2.5 and ozone NAAQS can be found in the docket 
for this rulemaking at www.regulations.gov and are summarized below.
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    \1\ In 2003, the City of Louisville and Jefferson County 
governments merged and the ``Jefferson County Air Pollution Control 
District'' was renamed the ``Louisville Metro Air Pollution Control 
District.'' However, each of the regulations in the Jefferson County 
portion of the Kentucky SIP still has the subheading ``Air Pollution 
Control District of Jefferson County.'' Thus, to be consistent with 
the terminology used in the SIP, EPA refers throughout this notice 
to regulations contained in the Jefferson County portion of the 
Kentucky SIP as the ``Jefferson County'' regulations.
    \2\ The District refers to the revised version of Regulation 
3.01 in its December 21, 2016, submittal as ``Version 6'' and the 
revised version of Regulation 3.01 in its August 29, 2017, submittal 
as ``Version 7.'' Upon EPA's final approval of changes to Regulation 
3.01, the text of the regulation in the SIP will reflect Version 7.
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II. EPA's Analysis of Kentucky's Submittal

    On December 14, 2012 (78 FR 3086), EPA promulgated a revised 
primary annual PM2.5 NAAQS, strengthening it from 15.0 
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\, and 
retained the existing primary 24-hour PM2.5 standard at 35 
[mu]g/m\3\. Accordingly, in the August 29, 2017, SIP submittal, the 
District revised Regulation 3.01, Ambient Air Quality Standards, to 
update the primary air quality standard for PM2.5 to be 
consistent with the NAAQS that were promulgated by EPA in 2012. EPA has 
reviewed this change to the Jefferson County regulation for 
PM2.5 and has made the determination that this change is 
consistent with federal regulations.
    On October 1, 2015 (80 FR 65292), EPA promulgated revised 8-hour 
primary and secondary ozone NAAQS, strengthening both from 0.075 parts 
per

[[Page 5594]]

million (ppm) to 0.070 ppm. Accordingly, in the December 21, 2016, SIP 
submittal, the District revised Regulation 3.01, Ambient Air Quality 
Standards, to update the primary and secondary air quality standards 
for ozone to be consistent with the NAAQS that were promulgated by EPA 
in 2015. EPA has reviewed this change to the Jefferson County 
regulation for ozone and has made the determination that this change is 
consistent with federal regulations.
    In addition to the revision of air quality standards in Section 7 
of Regulation 3.01, the August 29, 2017, SIP submittal included minor 
formatting changes to Regulation 3.01: Removal of the numbering of the 
subsections in Section 7; and textual modifications to the footnotes 
which abbreviate them but do not change their meaning. EPA has 
determined 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 Jefferson County Regulation 3.01, Ambient Air Quality 
Standards, effective September 21, 2016, and February 15, 2017, which 
was revised to be consistent with the current NAAQS. EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the Commonwealth of Kentucky December 
21, 2016, and August 29, 2017, SIP revisions identified in section II 
above, because these changes are consistent with the CAA.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: January 29, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-02464 Filed 2-7-18; 8:45 am]
BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Proposed Rules                                                     5593

                                                 recreational vessels, passenger vessels,                portions of the submittals that modify                The CAA requires periodic review of the
                                                 fishing vessels and deep draft vessel;                  the District’s Ambient Air Quality                    air quality criteria—the science upon
                                                    • The economic impact of bar                         Standards regulation, as incorporated                 which the standards are based—and the
                                                 closures and restrictions on the                        into the SIP. The revisions to the SIP                standards themselves. EPA’s regulatory
                                                 maritime community; and                                 that EPA is proposing to approve                      provisions that govern the NAAQS are
                                                    • Preferred methods of notification                  pertain to changes to the District’s air              found at 40 CFR 50—National Primary
                                                 for bar restrictions and closures.                      quality standards for fine particulate                and Secondary Ambient Air Quality
                                                                                                         matter (PM2.5) and ozone to reflect the               Standards. In this rule, EPA is
                                                 IV. Public Participation and Request for                2012 PM2.5 and 2015 ozone national                    proposing to approve the portions of the
                                                 Comments                                                ambient air quality standards (NAAQS).                revisions to the Jefferson County air
                                                    We encourage you to submit                           EPA is proposing to approve these                     quality regulations 1 addressing
                                                 comments through the Federal portal at                  portions of the SIP revisions because the             Regulation 3.01, Ambient Air Quality
                                                 http://www.regulations.gov. If your                     Commonwealth has demonstrated that                    Standards, in the Kentucky SIP,
                                                 material cannot be submitted using                      they are consistent with the Clean Air                submitted by the Commonwealth on
                                                 http://www.regulations.gov, contact the                 Act (CAA or Act). EPA will act on the                 December 21, 2016, and August 29,
                                                 person in the FOR FURTHER INFORMATION                   other portions of the December 21, 2016,              2017. Regulation 3.01 is amended 2 by
                                                 CONTACT section of this document for                    and August 29, 2017, submittals in a                  updating air quality standards in
                                                 alternate instructions. In your                         separate action.                                      Section 7 for PM2.5 and ozone to reflect
                                                 submission, please include the docket                   DATES: Written comments must be                       the most recent NAAQS, removing the
                                                 number for this notice of inquiry and                   received on or before March 12, 2018.                 numbering of the subsections in Section
                                                 provide a reason for each suggestion or                 ADDRESSES: Submit your comments,                      7, and making textual modifications to
                                                 recommendation.                                         identified by Docket ID No. EPA–R04–                  the footnotes. The SIP submittals
                                                    We accept anonymous comments. All                    OAR–2017–0550 at https://                             amending the Jefferson County
                                                 comments received will be posted                        www.regulations.gov. Follow the online                regulations to incorporate the most
                                                 without change to http://                               instructions for submitting comments.                 recent PM2.5 and ozone NAAQS can be
                                                 www.regulations.gov and will include                    Once submitted, comments cannot be                    found in the docket for this rulemaking
                                                 any personal information you have                       edited or removed from Regulations.gov.               at www.regulations.gov and are
                                                 provided. For more about privacy and                    EPA may publish any comment received                  summarized below.
                                                 the docket, visit http://                               to its public docket. Do not submit
                                                 www.regulations.gov/privacyNotice.                                                                            II. EPA’s Analysis of Kentucky’s
                                                                                                         electronically any information you                    Submittal
                                                    All public comments will be available                consider to be Confidential Business
                                                 in our online docket at http://                         Information (CBI) or other information                   On December 14, 2012 (78 FR 3086),
                                                 www.regulations.gov and can be viewed                   whose disclosure is restricted by statute.            EPA promulgated a revised primary
                                                 by following that website’s instructions.               Multimedia submissions (audio, video,                 annual PM2.5 NAAQS, strengthening it
                                                    This document is issued under                        etc.) must be accompanied by a written                from 15.0 micrograms per cubic meter
                                                 authority of 33 U.S.C. 1231.                            comment. The written comment is                       (mg/m3) to 12.0 mg/m3, and retained the
                                                   Dated: February 1, 2018.                              considered the official comment and                   existing primary 24-hour PM2.5 standard
                                                                                                         should include discussion of all points               at 35 mg/m3. Accordingly, in the August
                                                 James B. Pruett,
                                                                                                         you wish to make. EPA will generally                  29, 2017, SIP submittal, the District
                                                 Captain, U.S. Coast Guard, Acting
                                                                                                         not consider comments or comment                      revised Regulation 3.01, Ambient Air
                                                 Commander, Eleventh Coast Guard District.
                                                                                                         contents located outside of the primary               Quality Standards, to update the
                                                 [FR Doc. 2018–02503 Filed 2–7–18; 8:45 am]
                                                                                                         submission (i.e. on the web, cloud, or                primary air quality standard for PM2.5 to
                                                 BILLING CODE 9110–04–P
                                                                                                         other file sharing system). For                       be consistent with the NAAQS that were
                                                                                                         additional submission methods, the full               promulgated by EPA in 2012. EPA has
                                                                                                         EPA public comment policy,                            reviewed this change to the Jefferson
                                                 ENVIRONMENTAL PROTECTION                                                                                      County regulation for PM2.5 and has
                                                                                                         information about CBI or multimedia
                                                 AGENCY                                                                                                        made the determination that this change
                                                                                                         submissions, and general guidance on
                                                                                                         making effective comments, please visit               is consistent with federal regulations.
                                                 40 CFR Part 52                                                                                                   On October 1, 2015 (80 FR 65292),
                                                                                                         https://www2.epa.gov/dockets/
                                                 [EPA–R04–OAR–2017–0550; FRL–9974–24–                    commenting-epa-dockets.                               EPA promulgated revised 8-hour
                                                 Region 4]                                                                                                     primary and secondary ozone NAAQS,
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               strengthening both from 0.075 parts per
                                                 Air Plan Approval; KY; Fine Particulate                 Madolyn Sanchez, Air Regulatory
                                                 Matter and Ozone NAAQS Revisions                        Management Section, Air Planning and                     1 In 2003, the City of Louisville and Jefferson
                                                                                                         Implementation Branch, Air, Pesticides                County governments merged and the ‘‘Jefferson
                                                 AGENCY:  Environmental Protection                       and Toxics Management Division, U.S.                  County Air Pollution Control District’’ was renamed
                                                 Agency (EPA).                                           Environmental Protection Agency,                      the ‘‘Louisville Metro Air Pollution Control
                                                                                                                                                               District.’’ However, each of the regulations in the
                                                 ACTION: Proposed rule.                                  Region 4, 61 Forsyth Street SW, Atlanta,              Jefferson County portion of the Kentucky SIP still
                                                                                                         Georgia 30303–8960. Ms. Sanchez can                   has the subheading ‘‘Air Pollution Control District
                                                 SUMMARY:   The Environmental Protection                 be reached via telephone at (404) 562–                of Jefferson County.’’ Thus, to be consistent with
                                                 Agency (EPA) is proposing to approve                    9644 or via electronic mail at                        the terminology used in the SIP, EPA refers
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                                                 portions of State Implementation Plan                                                                         throughout this notice to regulations contained in
                                                                                                         sanchez.madolyn@epa.gov.                              the Jefferson County portion of the Kentucky SIP as
                                                 (SIP) revisions submitted by the                        SUPPLEMENTARY INFORMATION:                            the ‘‘Jefferson County’’ regulations.
                                                 Commonwealth of Kentucky, through                                                                                2 The District refers to the revised version of

                                                 the Kentucky Division for Air Quality,                  I. Background                                         Regulation 3.01 in its December 21, 2016, submittal
                                                 on December 21, 2016 and August 29,                        Sections 108 and 109 of the CAA                    as ‘‘Version 6’’ and the revised version of
                                                                                                                                                               Regulation 3.01 in its August 29, 2017, submittal as
                                                 2017, on behalf of the Louisville Metro                 govern the establishment, review, and                 ‘‘Version 7.’’ Upon EPA’s final approval of changes
                                                 Air Pollution Control District (District).              revision, as appropriate, of the NAAQS                to Regulation 3.01, the text of the regulation in the
                                                 EPA is proposing to approve the                         to protect public health and welfare.                 SIP will reflect Version 7.



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                                                 5594                  Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Proposed Rules

                                                 million (ppm) to 0.070 ppm.                             imposed by state law. For that reason,                requirements, Sulfur oxides, Volatile
                                                 Accordingly, in the December 21, 2016,                  this proposed action:                                 organic compounds.
                                                 SIP submittal, the District revised                        • Is not a significant regulatory action              Authority: 42 U.S.C. 7401 et seq.
                                                 Regulation 3.01, Ambient Air Quality                    subject to review by the Office of
                                                 Standards, to update the primary and                                                                            Dated: January 29, 2018.
                                                                                                         Management and Budget under
                                                 secondary air quality standards for                     Executive Orders 12866 (58 FR 51735,                  Onis ‘‘Trey’’ Glenn, III,
                                                 ozone to be consistent with the NAAQS                   October 4, 1993) and 13563 (76 FR 3821,               Regional Administrator, Region 4.
                                                 that were promulgated by EPA in 2015.                   January 21, 2011);                                    [FR Doc. 2018–02464 Filed 2–7–18; 8:45 am]
                                                 EPA has reviewed this change to the                        • Is not an Executive Order 13771 (82              BILLING CODE 6560–50–P
                                                 Jefferson County regulation for ozone                   FR 9339, February 2, 2017) regulatory
                                                 and has made the determination that                     action because SIP approvals are
                                                 this change is consistent with federal                  exempted under Executive Order 12866;                 ENVIRONMENTAL PROTECTION
                                                 regulations.                                               • Does not impose an information                   AGENCY
                                                    In addition to the revision of air                   collection burden under the provisions
                                                 quality standards in Section 7 of                                                                             40 CFR Part 52
                                                                                                         of the Paperwork Reduction Act (44
                                                 Regulation 3.01, the August 29, 2017,                   U.S.C. 3501 et seq.);                                 [EPA–R04–OAR–2017–0642; FRL–9974–02–
                                                 SIP submittal included minor formatting                    • Is certified as not having a                     Region 4]
                                                 changes to Regulation 3.01: Removal of                  significant economic impact on a
                                                 the numbering of the subsections in                     substantial number of small entities                  Air Plan Approval; AL; Section 128
                                                 Section 7; and textual modifications to                 under the Regulatory Flexibility Act (5               Board Requirements for Infrastructure
                                                 the footnotes which abbreviate them but                 U.S.C. 601 et seq.);                                  SIPs
                                                 do not change their meaning. EPA has                       • Does not contain any unfunded                    AGENCY:  Environmental Protection
                                                 determined that these are administrative                mandate or significantly or uniquely                  Agency (EPA).
                                                 changes that are consistent with the                    affect small governments, as described
                                                 requirements of the CAA.                                                                                      ACTION: Proposed rule.
                                                                                                         in the Unfunded Mandates Reform Act
                                                 III. Incorporation by Reference                         of 1995 (Pub. L. 104–4);                              SUMMARY:   The Environmental Protection
                                                    In this rule, EPA is proposing to                       • Does not have Federalism                         Agency (EPA) is proposing to approve a
                                                 include in a final EPA rule regulatory                  implications as specified in Executive                State Implementation Plan (SIP)
                                                 text that includes incorporation by                     Order 13132 (64 FR 43255, August 10,                  submission, submitted by the State of
                                                 reference. In accordance with                           1999);                                                Alabama, through the Alabama
                                                 requirements of 1 CFR 51.5, EPA is                         • Is not an economically significant               Department of Environmental
                                                 proposing to incorporate by reference                   regulatory action based on health or                  Management (ADEM), on October 24,
                                                 Jefferson County Regulation 3.01,                       safety risks subject to Executive Order               2017. This submission addresses the
                                                 Ambient Air Quality Standards,                          13045 (62 FR 19885, April 23, 1997);                  Clean Air Act (CAA or Act)
                                                 effective September 21, 2016, and                          • Is not a significant regulatory action           requirements applicable to Alabama
                                                 February 15, 2017, which was revised to                 subject to Executive Order 13211 (66 FR               state boards or agency personnel with
                                                 be consistent with the current NAAQS.                   28355, May 22, 2001);                                 respect to the approval of permits or
                                                 EPA has made, and will continue to                         • Is not subject to requirements of                enforcement orders. The submission
                                                 make, these materials generally                         Section 12(d) of the National                         also specifically addresses requirements
                                                 available through www.regulations.gov                   Technology Transfer and Advancement                   for implementation of the following
                                                 and/or at the EPA Region 4 Office                       Act of 1995 (15 U.S.C. 272 note) because              national ambient air quality standards
                                                 (please contact the person identified in                application of those requirements would               (NAAQS): 1997, 2006, and 2012 Fine
                                                 the FOR FURTHER INFORMATION CONTACT                     be inconsistent with the CAA; and                     Particulate Matter (PM2.5), 2008 8-hour
                                                 section of this preamble for more                          • Does not provide EPA with the                    Ozone, 2008 Lead, 2010 Nitrogen
                                                 information).                                           discretionary authority to address, as                Dioxide (NO2), and 2010 Sulfur Dioxide
                                                                                                         appropriate, disproportionate human                   (SO2). The CAA requires that each state
                                                 IV. Proposed Action                                     health or environmental effects, using                adopt and submit a SIP for the
                                                   EPA is proposing to approve the                       practicable and legally permissible                   implementation, maintenance and
                                                 Commonwealth of Kentucky December                       methods, under Executive Order 12898                  enforcement of each NAAQS
                                                 21, 2016, and August 29, 2017, SIP                      (59 FR 7629, February 16, 1994).                      promulgated by EPA. Whenever EPA
                                                 revisions identified in section II above,                  The SIP is not approved to apply on                promulgates a new or revised NAAQS,
                                                 because these changes are consistent                    any Indian reservation land or in any                 the CAA requires the state to make a
                                                 with the CAA.                                           other area where EPA or an Indian tribe               new SIP submission establishing that
                                                                                                         has demonstrated that a tribe has                     the existing SIP meets the various
                                                 V. Statutory and Executive Order                        jurisdiction. In those areas of Indian                applicable requirements, or revising the
                                                 Reviews                                                 country, the rule does not have tribal                SIP to meet those requirements. This
                                                   Under the CAA, the Administrator is                   implications as specified by Executive                type of SIP submission is commonly
                                                 required to approve a SIP submission                    Order 13175 (65 FR 67249, November 9,                 referred to as an ‘‘infrastructure’’ SIP. In
                                                 that complies with the provisions of the                2000), nor will it impose substantial                 this proposed action, EPA is proposing
                                                 Act and applicable federal regulations.                 direct costs on tribal governments or                 to approve the October 24, 2017,
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                                                 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 preempt tribal law.                                   submission with respect to: (1) The
                                                 Thus, in reviewing SIP submissions,                                                                           requirements applicable to state boards
                                                 EPA’s role is to approve state choices,                 List of Subjects in 40 CFR Part 52                    of the CAA; and (2) the related state
                                                 provided that they meet the criteria of                   Environmental protection, Air                       board infrastructure SIP requirements
                                                 the CAA. This action merely proposes to                 pollution control, Incorporation by                   for the 1997, 2006, and 2012 PM2.5, 2008
                                                 approve state law as meeting Federal                    reference, Intergovernmental relations,               8-hour Ozone, 2008 Lead, 2010 NO2,
                                                 requirements and does not impose                        Nitrogen dioxide, Ozone, Particulate                  and 2010 SO2 NAAQS. In addition, EPA
                                                 additional requirements beyond those                    matter, Reporting and recordkeeping                   is proposing approval of ADEM’s


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Document Created: 2018-02-08 00:16:21
Document Modified: 2018-02-08 00:16:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before March 12, 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. Ms. Sanchez can be reached via telephone at (404) 562-9644 or via electronic mail at [email protected]
FR Citation83 FR 5593 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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