[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Proposed Rules]
[Pages 44310-44314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15776]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0092; FRL-10017-01-R4]


Air Plan Approval; Kentucky; Emissions Inventory Requirements for 
the 2015 8-Hour Ozone Standard Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

[[Page 44311]]


ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Kentucky, through the Kentucky Energy and Environment 
Cabinet (Cabinet) on December 22, 2021, to address the base year 
emissions inventory requirements for the 2015 8-hour ozone national 
ambient air quality standard (NAAQS) for Kentucky counties in the 
Cincinnati, Ohio-Kentucky 2015 8-hour ozone NAAQS nonattainment area 
(hereinafter referred to as the Cincinnati, OH-KY Area), and for 
Kentucky counties in the Louisville, Kentucky-Indiana 2015 8-hour NAAQS 
nonattainment area (hereinafter referred to as the Louisville, KY-IN 
Area). Specifically, EPA is proposing to approve Kentucky's SIP 
revision addressing the emissions inventory requirements for the 2015 
8-hour ozone nonattainment areas for the portions of Boone, Campbell, 
and Kenton Counties in the Cincinnati, OH-KY Area, and Bullitt, 
Jefferson, and Oldham Counties in the Louisville, KY-IN Area. These 
requirements apply to all ozone nonattainment areas. This action is 
being proposed pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before August 25, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0092 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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. The telephone number is 
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated a revised 8-hour primary and 
secondary ozone NAAQS, strengthening both from 0.075 parts per million 
(ppm) to 0.070 ppm (the 2015 8-hour ozone NAAQS). See 80 FR 65292 
(October 26, 2015). The 2015 8-hour ozone NAAQS is set at 0.070 ppm 
based on an annual fourth-highest daily maximum 8-hour average 
concentration averaged over three years. Under EPA's regulations at 40 
Code of Federal Regulations (CFR) part 50, the 2015 8-hour ozone NAAQS 
is attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentration is less 
than or equal to 0.070 ppm. See 40 CFR 50.19. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. See 40 CFR part 50, Appendix U. The ambient air quality 
monitoring data completeness requirement is met when the average 
percentage of days with valid ambient monitoring data is greater than 
90 percent and no single year has less than 75 percent data 
completeness as determined using Appendix U.
    Upon promulgation of a new or revised ozone NAAQS, the CAA requires 
EPA to designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data. On 
June 4, 2018 (effective August 3, 2018), EPA designated the 7-county 
Cincinnati, OH-KY Area as a Marginal ozone nonattainment for the 2015 
8-hour ozone NAAQS.\1\ See 83 FR 25776. Also, on June 4, 2018 
(effective August 3, 2018), EPA designated the five-county Louisville, 
KY-IN Area as a Marginal ozone nonattainment for the 2015 8-hour ozone 
NAAQS.\2\ The Cincinnati, OH-KY Area and the Louisville, KY-IN Area 
were designated nonattainment for the 2015 8-hour ozone NAAQS using 
2014-2016 ambient air quality data.
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    \1\ The Cincinnati, OH-KY Area consists of the following 
counties: Boone (partial), Campbell (partial), and Kenton (partial) 
in Kentucky and the entire counties of Butler, Clermont, Hamilton, 
and Warren in Ohio. EPA took action on the 2015 8-hour ozone NAAQS 
nonattainment area emissions inventory requirements for Butler, 
Clermont, Hamilton, and Warren Counties in Ohio in a separate 
action. See 86 FR 12270 (March 3, 2021).
    \2\ The Louisville, KY-IN Area consists of Bullitt, Jefferson, 
and Oldham Counties in Kentucky and Clark and Floyd Counties in 
Indiana. EPA took action on the 2015 8-hour ozone NAAQS 
nonattainment area emissions inventory requirements for Clark and 
Floyd Counties in Indiana in a separate action. See 87 FR 39750 
(July 5, 2022).
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    On December 6, 2018, EPA finalized a rule titled ``Implementation 
of the 2015 National Ambient Air Quality Standards for Ozone: 
Nonattainment Area State Implementation Plan Requirements'' (SIP 
Requirements Rule) that establishes the requirements that state, 
tribal, and local air quality management agencies must meet as they 
develop implementation plans for areas where air quality exceeds the 
2015 8-hour ozone NAAQS.\3\ See 83 FR 62998; 40 CFR part 51, subpart 
CC. This rule establishes nonattainment area attainment deadlines based 
on Table 1 of section 181(a) of the CAA, including an attainment 
deadline of August 3, 2021, three years after the August 3, 2018, 
effective date, for areas classified as Marginal for the 2015 8-hour 
ozone NAAQS.
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    \3\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2015 8-hour ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major nonattainment new 
source review, emission inventories, and the timing of SIP 
submissions and compliance with emission control measures in the 
SIP.
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    Ground level ozone is not emitted directly into the air but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(1) of the CAA requires states with areas designated 
nonattainment for the ozone NAAQS to submit a SIP revision providing a 
comprehensive, accurate, and current inventory of actual emissions from 
all sources of the relevant pollutant or pollutants in such area. 
NOX and VOC are the relevant pollutants because they are the 
precursors--i.e., the pollutants that contribute to the formation--of 
ozone.
    Based on the nonattainment designation, Kentucky was required to 
develop a SIP revision addressing certain CAA requirements for the 
Cincinnati, OH-KY Area and the Louisville, KY-IN Area. Among other 
things, Kentucky was required to submit a SIP revision addressing the 
emissions inventory requirements in CAA section 182(a)(1).

[[Page 44312]]

II. Commonwealth's Submittal

    On December 22, 2021, Kentucky submitted a SIP revision addressing 
the emissions inventory requirements related to the 2015 8-hour ozone 
NAAQS for the Cincinnati, OH-KY Area and the Louisville, KY-IN Area.\4\ 
EPA is proposing to approve this SIP revision as meeting the inventory 
requirements of section 182(a)(1) of the CAA and EPA's SIP Requirements 
Rule. More information on EPA's analysis of Kentucky's SIP revision and 
how this SIP revision addresses these requirements is provided below.
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    \4\ On October 15, 2020, the Cabinet submitted a certification 
that included other required elements for ozone nonattainment areas 
pursuant to CAA section 182(a)(2)(C), Nonattainment New Source 
Review, and CAA section 182(a)(3)(B), Emissions statements. On 
August 12, 2020, KDAQ submitted a certification on behalf of the 
Louisville Metro Air Pollution Control District that included the 
required elements for ozone nonattainment areas pursuant to CAA 
section 182(a)(3)(B), Emissions statements. On April 5, 2022, EPA 
took final action on the portion of Kentucky's October 15, 2020, 
submission related to CAA section 182(a)(2)(C), Nonattainment New 
Source Review. See 87 FR 19649. On March 9, 2022, EPA took final 
action on the District's August 12, 2020, submission related to CAA 
section 182(a)(3)(B), Emissions statements. See 87 FR 13177. On 
April 26, 2022, EPA took final action on the portion of Kentucky's 
October 15, 2020, submission related to CAA section 182(a)(3)(B), 
Emissions statements. See 87 FR 24429.
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III. Analysis of Commonwealth's Submittal

    As discussed above, section 182(a)(1) of the CAA requires areas to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants in 
each ozone nonattainment area. The section 182(a)(1) base year 
inventory is defined in the SIP Requirements Rule as ``a comprehensive, 
accurate, current inventory of actual emissions from sources of VOC and 
NOX emitted within the boundaries of the nonattainment area 
as required by CAA section 182(a)(1).'' See 40 CFR 51.1300(p). The 
inventory year must be selected consistent with the baseline year for 
the RFP plan as required by 40 CFR 51.1310(b),\5\ and the inventory 
must include actual ozone season day emissions as defined in 40 CFR 
51.1300(q) \6\ and contain data elements consistent with the detail 
required by 40 CFR part 51, subpart A. See 40 CFR 51.1315(a), (c), and 
(e). In addition, the point source emissions included in the inventory 
must be reported according to the point source emissions thresholds of 
the Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, 
subpart A.
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    \5\ 40 CFR 51.1310(b) states that ``at the time of designation 
for the ozone NAAQS the baseline emissions inventory shall be the 
emissions inventory for the most recent calendar year for which a 
complete triennial inventory is required to be submitted to the EPA 
under the provisions of subpart A of this part. States may use an 
alternative baseline emissions inventory provided that the year 
selected corresponds with the year of the effective date of 
designation as nonattainment for that NAAQS. All states associated 
with a multi-state nonattainment area must consult and agree on 
using the alternative baseline year. The emissions values included 
in the inventory required by this section shall be actual ozone 
season day emissions . . . .'' For additional information, please 
see the guidance document titled ``Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards (NAAQS) and Regional Haze Regulations,'' EPA-454/
B-17-003, July 2017, available at: https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate.
    \6\ ``Ozone season day emissions'' is defined as ``an average 
day's emissions for a typical ozone season work weekday. The state 
shall select, subject to EPA approval, the particular month(s) in 
the ozone season and the day(s) in the work week to be represented, 
considering the conditions assumed in the development of RFP plans 
and/or emissions budgets for transportation conformity.'' See 40 CFR 
51.1300(q).
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    Kentucky selected 2017 as the base year for the emissions 
inventories, which is the most recent calendar year for which a 
complete triennial inventory is required to be submitted to the EPA 
under 40 CFR part 51, subpart A. This base year is consistent with the 
regulations for 2015 ozone NAAQS nonattainment area base year emission 
inventory regulations. See 40 CFR 51.1315(a) and 51.1310(b). The 
emissions inventory is based on data developed and submitted by both 
the Cabinet and Louisville Metro Air Pollution Control District 
(District) \7\ to EPA's 2017 National Emissions Inventory (NEI), and it 
contains data elements consistent with the requirements of 40 CFR part 
51, subpart A.
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    \7\ The Cabinet submitted emissions inventories for the KY 
portion of both the Cincinnati, OH-KY and the Louisville, KY-IN 
nonattainment areas for the 2015 8-hour ozone standard. The District 
provided emissions information for the Jefferson County portion of 
the Louisville, KY-IN nonattainment area for the 2015 8-hour ozone 
standard.
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    Kentucky's emissions inventory for the Cincinnati, OH-KY Area and 
Louisville, KY-IN Area provides 2017 typical average summer day 
emissions for NOX and VOC for the following general source 
categories: point sources, nonpoint sources,\8\ on-road mobile sources, 
and non-road. For the Kentucky portion of the Cincinnati, OH-KY Area, 
the following percentages represent the portions of each Kentucky 
county that are located in the Area: Boone: 95 percent; Campbell: 92 
percent; and Kenton: 95 percent. The nonattainment area apportionment 
percentages were applied to the point, nonpoint, and nonroad sectors. 
For on-road emissions, vehicle miles traveled (VMT) data for the 
nonattainment portions of the counties were used as inputs to the MOVES 
3 model. Annual emission totals were then converted to tons per summer 
day by taking the calculated annual emissions totals, multiplying them 
by 25 percent to account for the four seasons, and then dividing by the 
92 days of the summer season.\9\ For the Kentucky portion of the 
Louisville, KY-IN Area, summer day emissions were calculated using a 
``Summer's Operation Percentage'' as reported by facilities and 
explained in Appendices E.2 and A.3 of the submittal. Table 1 and Table 
2 provide a summary of the emissions inventories for the Kentucky 
portions of the Cincinnati, OH-KY Area and the Louisville, KY-IN Area, 
respectively.
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    \8\ On June 2, 2022, Kentucky informed EPA that the Base Year 
(Nonattainment) Emissions Inventory State Implementation Plan it 
submitted on December 22, 2021, included biogenic emissions in the 
nonpoint category, whereas biogenic emissions were excluded from the 
inventories developed for Kentucky's redesignation requests and 
maintenance plans for the Cincinnati and Louisville Areas, in 
accordance with EPA Guidance (Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards (NAAQS) and Regional Haze Regulations (May 2017)). 
Kentucky's June 2, 2022, email is included in the docket for this 
proposed action.
    \9\ For sources that reported seasonal operations (primarily in 
Jefferson County), the seasonal operations data was used to 
calculate summer emissions, which were then divided by the 92 days 
in the summer months (June, July, and August) to derive tons per 
ozone season day/tons per summer day emissions. For the remaining 
sources, tons per summer day emissions were calculated by dividing 
annual emissions by four and then by the 92 days of summer. EPA has 
preliminarily determined that this is an appropriate method for 
determining summer day emissions, as the average summer operations 
from facilities reporting such information were determined to be 
approximately 24.6% to 26.3% (approximately 25%) of the annual 
emissions. Furthermore, for one of the largest contributors to these 
remaining emissions, the Louisville International Airport, this 
method of approximation is supported by data available on monthly 
flights indicating that flights in June, July, and August made up 
almost precisely one quarter of total annual flights (25.1%).

[[Page 44313]]



                                     Table 1--2017 Emissions for the Kentucky Portion of the Cincinnati, OH-KY Area
                                                                    [Tons/summer day]
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                                                            Point                   Nonpoint                   On-road                  Non-road
                     County                      -------------------------------------------------------------------------------------------------------
                                                      NOX          VOC          NOX          VOC          NOX          VOC          NOX          VOC
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Boone...........................................         9.47         2.57         1.60        14.78         3.78         2.31         0.67         1.20
Campbell........................................         0.32         0.41         1.08         6.46         1.78         1.08         0.34         0.37
Kenton..........................................         0.30         0.66         1.82         7.43         3.77         2.12         0.58         0.65
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                                     Table 2--2017 Emissions for the Kentucky Portion of the Louisville, KY-IN Area
                                                                    [Tons/summer day]
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                                                            Point                   Nonpoint                   On-road                  Non-road
                     County                      -------------------------------------------------------------------------------------------------------
                                                      NOX          VOC          NOX          VOC          NOX          VOC          NOX          VOC
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Bullitt.........................................         0.85         9.33         0.84        18.13         3.49         1.19         0.26         0.42
Jefferson.......................................        34.81        21.56         6.66        41.57        20.97         7.85         4.32         4.02
Oldham..........................................         0.13         0.04         0.87         5.98         1.85         0.69         0.30         0.41
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    The emissions reported for the Cincinnati, OH-KY Area and for the 
Louisville, KY-IN Area reflect the emissions within the portions of 
Boone, Campbell, and Kenton Counties, and within Bullitt, Jefferson, 
and Oldham Counties, respectively, comprising the nonattainment areas. 
The inventory contains point source emissions data for facilities 
located within the Kentucky portions of the Areas. More detail on the 
emissions for individual source categories is provided below and in the 
appendices to Kentucky's December 22, 2021, submittal.
    Point sources are large, stationary, identifiable sources of 
emissions that release pollutants into the atmosphere. NOX 
and VOC emissions were calculated by using facility-specific emissions 
data reported to the 2017 NEI from sources that are required to submit 
inventory data according to the AERR. A detailed account of the point 
source emissions can be found in Appendix A of Kentucky's submittal.
    Nonpoint sources are small stationary sources of emissions, which 
due to their large number, collectively have significant emissions 
(e.g., dry cleaners, service stations). Emissions for these sources 
were obtained from the 2017 NEI. A detailed account of the nonpoint 
source emissions can be found in Appendix B of Kentucky's submittal.
    On-road mobile sources include vehicles used on roads for 
transportation of passengers or freight. For both the Cincinnati, OH-KY 
Area and Louisville, KY-IN Area, on-road emissions inventories were 
developed using the latest version of EPA's Motor Vehicle Emissions 
Simulator (MOVES), MOVES3, for each ozone nonattainment county. County 
level on-road emissions modeling was conducted using county-specific 
vehicle populations and other local data. A detailed account of the on-
road source emissions can be found on page 6, page 12, and in Appendix 
C of Kentucky's submittal.
    Non-road mobile sources include vehicles, engines, and equipment 
used for construction, agriculture, recreation, and other purposes that 
do not use the roadways (e.g., lawn mowers, construction equipment, 
railroad locomotives, and aircraft). Kentucky obtained emissions for 
the non-road mobile sources from the 2017 NEI. A detailed account of 
non-road mobile source emissions can be found in Appendix D of the 
December 22, 2021, submittal.
    EPA has preliminarily determined that Kentucky's emissions 
inventories for the Cincinnati, OH-KY and the Louisville, KY-IN Areas 
meet the requirements under CAA section 182(a)(1) and the SIP 
Requirements Rule for the 2015 8-hour ozone NAAQS, as well as the 
requirements in 40 CFR part 51, subpart A.

IV. Proposed Action

    EPA is proposing to approve the SIP revision submitted by Kentucky 
on December 22, 2021, addressing the base year emissions inventory 
requirements for the 2015 8-hour ozone NAAQS for the Cincinnati, OH-KY 
Area and Louisville, KY-IN Area. EPA proposes to find that the 
Commonwealth's submission meets the requirements of sections 110 and 
182 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. This proposed 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);
     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

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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, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 19, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-15776 Filed 7-25-22; 8:45 am]
BILLING CODE 6560-50-P


