[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Rules and Regulations]
[Pages 33021-33023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10062]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0217; FRL-10009-27-Region 4]


Air Plan Approval; Kentucky; Infrastructure Requirements for the 
2015 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of a State Implementation Plan (SIP) submission, provided by 
the Commonwealth of Kentucky, Energy and Environment Cabinet, 
Department for Environmental Protection, through the Kentucky Division 
for Air Quality (KDAQ), on January 9, 2019, to demonstrate that the 
Commonwealth meets the infrastructure requirements of the Clean Air Act 
(CAA or Act) for the 2015 8-hour ozone national ambient air quality 
standard (NAAQS). Whenever EPA promulgates a new or revised NAAQS, the 
CAA requires that each state adopt and submit a SIP for the 
implementation, maintenance, and enforcement of each such NAAQS. KDAQ 
certified that the Kentucky SIP contains provisions that ensure the 
2015 8-hour ozone NAAQS is implemented, enforced, and maintained in 
Kentucky. EPA has in this action determined that the Kentucky 
infrastructure SIP submissions satisfy certain required infrastructure 
elements for the 2015 8-hour ozone NAAQS.

[[Page 33022]]


DATES: This rule is effective July 1, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0217. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Bell can be reached 
via electronic mail at bell.tiereny@epa.gov or the telephone number 
(404) 562-9088.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated a revised primary and secondary 
NAAQS for ozone revising the 8-hour ozone NAAQS from 0.075 parts per 
million (ppm) to a new more protective level of 0.070 ppm. See 80 FR 
65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIP submission meeting the applicable 
requirements of section 110(a)(2) within three years after promulgation 
of a new or revised NAAQS or within such shorter period as EPA may 
prescribe. Section 110(a)(2) requires states to address basic SIP 
elements such as requirements for monitoring, basic program 
requirements and legal authority that are designed to assure attainment 
and maintenance of the NAAQS. This particular type of SIP is commonly 
referred to as an ``infrastructure SIP.'' States were required to 
submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no later than 
October 1, 2018.\1\
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    \1\ In these infrastructure SIP submissions States generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally approved 
SIP. In addition, certain federally approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2).
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    This action approves portions of Kentucky's January 9, 2019, SIP 
submission for the applicable requirements of the 2015 8-hour ozone 
NAAQS. In this action, EPA is not acting upon portions of the 
submission pertaining to the interstate transport provisions of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 and 2) pertaining to contribution 
to nonattainment or interference with maintenance in other states; the 
prevention of significant deterioration (PSD) provisions related to 
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 
3), and 110(a)(2)(J); and air quality modeling and submission of 
modeling data under section 110(a)(2)(K). EPA will address these 
provisions in separate rulemaking actions.
    In a notice of proposed rulemaking (NPRM) published on March 12, 
2020 (85 FR 14442), EPA proposed to approve Kentucky SIP submission 
provided on January 9, 2019, for the applicable infrastructure SIP 
requirements of the 2015 8-hour ozone NAAQS. The March 12, 2020, NPRM 
provides additional detail regarding the background and rationale for 
EPA's action. Comments were due to EPA on or before April 13, 2020. No 
adverse comments were received.

II. Final Action

    With the exception of interstate transport provisions of section 
110(a)(2)(D)(i)(II) (prongs 1 and 2), PSD provisions related to major 
sources under section 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 
110(a)(2)(J), and air quality models of section 110(a)(2)(K), EPA is 
approving Kentucky's January 9, 2019, infrastructure SIP submission for 
the 2015 8-hour ozone NAAQS for the above described infrastructure SIP 
requirements. EPA is approving portions of Kentucky's infrastructure 
SIP submission for the 2015 8-hour ozone NAAQS because these aspects of 
the submission are consistent with section 110 of the CAA.

III. 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 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

[[Page 33023]]

direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 31, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 5, 2020.
Mary Walker,
Regional Administrator, Region 4.

    Accordingly, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. Section 52.920(e) is amended by adding the entry ``110(a)(1) and (2) 
Infrastructure Requirements for the 2015 8-Hour Ozone NAAQS'' at the 
end of the table to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                                             State
    Name of nonregulatory SIP           Applicable      submittal date/
            provision                 geographic or        effective     EPA approval date       Explanations
                                    nonattainment area       date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   Kentucky...........        1/9/2019  6/1/2020, [Insert    With the exception
 Requirements for the 2015 8-Hour                                        citation of          of
 Ozone NAAQS.                                                            publication].        110(a)(2)(D)(i)(I)
                                                                                              (prongs 1 and 2),
                                                                                              PSD provisions
                                                                                              related to major
                                                                                              sources under
                                                                                              sections
                                                                                              110(a)(2)(C),
                                                                                              110(a)(2)(D)(i)(II
                                                                                              ) (prong 3), and
                                                                                              110(a)(2)(J), and
                                                                                              air quality
                                                                                              modeling under
                                                                                              section
                                                                                              110(a)(2)(K).
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[FR Doc. 2020-10062 Filed 5-29-20; 8:45 am]
BILLING CODE 6560-50-P


