[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Proposed Rules]
[Pages 51933-51941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18168]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0167; FRL-10150-01-R4]


Air Plan Approval; Kentucky; Boyd and Christian County Limited 
Maintenance Plans for the 1997 8-Hour Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve state implementation plan (SIP) revisions submitted by the 
Commonwealth of Kentucky, through the Energy and Environment Cabinet 
(Cabinet), on March 29, 2021. The SIP revisions include the 1997 8-hour 
ozone National Ambient Air Quality Standards (NAAQS or standards) 
Limited Maintenance Plans (LMPs) for the Kentucky portion (hereinafter 
referred to as the Boyd County Area) of the Huntington-Ashland, WV-KY 
1997 8-hour ozone maintenance area (hereinafter referred to as the 
Huntington-Ashland, WV-KY Area) and the Kentucky portion (hereinafter 
referred to as the Christian County Area) of the Clarksville-
Hopkinsville, TN-KY 1997 8-hour ozone maintenance area (hereinafter 
referred to as the Clarksville-Hopkinsville, TN-KY Area). EPA is 
proposing to approve Kentucky's LMPs for the Boyd County and Christian 
County Areas because they provide for the maintenance of the 1997 8-
hour ozone NAAQS within the Huntington-Ashland, WV-KY Area and the 
Clarksville-Hopkinsville, TN-KY Area, respectively. The effect of these 
actions would be to make certain commitments related to maintenance of 
the 1997 8-hour ozone NAAQS in the Boyd County and Christian County 
Areas federally enforceable as part of the Kentucky SIP.

DATES: Comments must be received on or before September 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0167 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

[[Page 51934]]

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://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz Borrero can also be reached via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of EPA's Proposed Action
II. Background
III. Kentucky's SIP Submittals
IV. EPA's Evaluation of Kentucky's SIP Submittals
    A. Attainment Emissions Inventory
    B. Maintenance Demonstration
    C. Monitoring Network and Verification of Continued Attainment
    D. Contingency Plan
    E. Conclusion
V. Transportation Conformity
VI. Proposed Actions
VII. Statutory and Executive Order Reviews

I. Summary of EPA's Proposed Action

    In accordance with the Clean Air Act (CAA or Act), EPA is proposing 
to approve the Boyd County and Christian County Areas' LMPs for the 
1997 8-hour ozone NAAQS, adopted by the Cabinet on March 29, 2021, and 
submitted by the Cabinet as revisions to the Kentucky SIP on March 29, 
2021. On April 30, 2004, the Huntington-Ashland, WV-KY Area, which 
includes the Boyd County Area, was designated as nonattainment for the 
1997 8-hour ozone standard. Subsequently, on September 29, 2006, the 
Cabinet submitted a redesignation request and the first 10-year 
maintenance plan for the Boyd County Area. In 2007, after having clean 
data and EPA's approval of a maintenance plan, the Boyd County Area was 
redesignated to attainment for the 1997 8-hour ozone NAAQS. See 72 FR 
43172 (August 3, 2007).
    Additionally, on April 30, 2004, the Clarksville-Hopkinsville, TN-
KY Area, which includes the Christian County Area, was designated as 
nonattainment for the 1997 8-hour ozone standard. Subsequently, on May 
20, 2005, the Cabinet submitted a redesignation request and the first 
10-year maintenance plan for the Christian County Area. In 2006, after 
having clean data and EPA's approval of a maintenance plan, the Area 
was redesignated to attainment for the 1997 8-hour ozone NAAQS. See 71 
FR 4047 (January 25, 2006).
    The Boyd County and Christian County Areas' LMPs for the 1997 8-
hour ozone NAAQS, submitted by the Cabinet on March 29, 2021, are 
designed to maintain the 1997 8-hour ozone NAAQS within the Boyd County 
and Christian County Areas through the end of the second 10-year 
portion of the maintenance period beyond redesignation. EPA is 
proposing to approve the plans because they meet all applicable 
requirements under CAA sections 110 and 175A. As a general matter, the 
Boyd County and Christian County Areas' LMPs rely on the same control 
measures and contingency provisions to maintain the 1997 8-hour ozone 
NAAQS during the second 10-year portion of the maintenance periods as 
the maintenance plans submitted by the Cabinet for the first 10-year 
periods.

II. Background

    Ground-level ozone is formed when oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants, referred to as ozone 
precursors, are emitted by many types of pollution sources, including 
on- and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints. Scientific evidence indicates that adverse public 
health effects occur following exposure to ozone, particularly in 
children and in adults with lung disease. Breathing air containing 
ozone can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma and other lung diseases.
    Ozone exposure also has been associated with increased 
susceptibility to respiratory infections; increased medication use, 
doctor visits, and emergency department visits; and increased hospital 
admissions for individuals with lung disease. Children are at increased 
risk from exposure to ozone because their lungs are still developing 
and they are more likely to be active outdoors, which increases their 
exposure.\1\
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    \1\ See ``Fact Sheet, Proposal to Revise the National Ambient 
Air Quality Standards for Ozone,'' January 6, 2010, and 75 FR 2938 
(January 19, 2010).
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    In 1979, under section 109 of the CAA, EPA established primary and 
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged 
over a 1-hour period. See 44 FR 8202 (February 8, 1979). On July 18, 
1997, EPA revised the primary and secondary NAAQS for ozone to set the 
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over 
an 8-hour period. See 62 FR 38856 (July 18, 1997).\2\ EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
NAAQS was set. EPA determined that the 8-hour ozone NAAQS would be more 
protective of human health, especially for children and adults who are 
active outdoors, and for individuals with a pre-existing respiratory 
disease, such as asthma.
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    \2\ In March 2008, EPA completed another review of the primary 
and secondary ozone NAAQS and tightened them further by lowering the 
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed another review of the 
primary and secondary ozone NAAQS and tightened them by lowering the 
level for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 15, 2004, EPA designated the Huntington-
Ashland, WV-KY Area, which consists of Boyd County in Kentucky and 
Cabell County and Wayne County in West Virginia, and the Clarksville-
Hopkinsville, TN-KY Area, which consists of Christian County in 
Kentucky and Montgomery County in Tennessee, as nonattainment for the 
1997 8-hour ozone NAAQS. Those designations became effective on June 
15, 2004. See 69 FR 23858 (April 30, 2004).
    Similarly, on May 21, 2012, EPA designated areas as unclassifiable/
attainment or nonattainment for the 2008 8-hour ozone NAAQS. EPA 
designated the Boyd County and Christian County Areas as 
unclassifiable/attainment for the 2008 8-hour ozone NAAQS. These 
designations became effective on July 20, 2012. See 77 FR 30088. On 
November 16, 2017, areas were designated for the 2015 8-hour ozone 2015 
8-hour ozone NAAQS. The Boyd County and Christian County Areas were 
again designated attainment/unclassifiable for the 2015 8-hour ozone 
NAAQS, with an effective date of January 16, 2018, for both areas. See 
82 FR 54232 (November 16, 2017).
    A state may submit a request that EPA redesignate a nonattainment 
area that is attaining a NAAQS to attainment, and, if the area has met 
the criteria described in section 107(d)(3)(E) of the CAA, EPA

[[Page 51935]]

may approve the redesignation request.\3\ One of the criteria for 
redesignation is for the area to have an approved maintenance plan 
under CAA section 175A. The maintenance plan must demonstrate that the 
area will continue to maintain the NAAQS for the period extending ten 
years after redesignation, and it must contain such additional measures 
as necessary to ensure maintenance and such contingency provisions as 
necessary to assure that violations of the NAAQS will be promptly 
corrected. Eight years after the effective date of redesignation, the 
state must also submit a second maintenance plan to ensure ongoing 
maintenance of the NAAQS for an additional ten years pursuant to CAA 
section 175A(b) (i.e., ensuring maintenance for 20 years after 
redesignation).
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    \3\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignating a nonattainment area to attainment. They include 
attainment of the NAAQS, full approval of the applicable SIP 
pursuant to CAA section 110(k), determination that improvement in 
air quality is a result of permanent and enforceable reductions in 
emissions, demonstration that the state has met all applicable 
section 110 and part D requirements, and a fully approved 
maintenance plan under CAA section 175A.
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    EPA has published long-standing guidance for states on developing 
maintenance plans. The Calcagni memo \4\ provides that states may 
generally demonstrate maintenance by either performing air quality 
modeling to show that the future mix of sources and emission rates will 
not cause a violation of the NAAQS or by showing that projected future 
emissions of a pollutant and its precursors will not exceed the level 
of emissions during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory). See Calcagni memo at page 9. EPA clarified 
in three subsequent guidance memos that certain areas can meet the CAA 
section 175A requirement to provide for maintenance by showing that 
they are unlikely to violate the NAAQS in the future, using information 
such as the area design values \5\ when the design values are well 
below the standard and have been historically stable.\6\ EPA refers to 
a maintenance plan containing this streamlined demonstration as an LMP.
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    \4\ John Calcagni, Director, Air Quality Management Division, 
EPA Office of Air Quality Planning and Standards (OAQPS), 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' September 4, 1992 (Calcagni memo).
    \5\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone area is the 
highest design value of any monitoring site in the area.
    \6\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas,'' from Sally L. Shaver, OAQPS, November 
16, 1994; ``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas,'' from Joseph Paisie, OAQPS, October 6, 1995; 
and ``Limited Maintenance Plan Option for Moderate PM10 
Nonattainment Areas,'' from Lydia Wegman, OAQPS, August 9, 2001. 
Copies of these guidance memoranda can be found in the docket for 
this proposed rulemaking.
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    EPA has interpreted CAA section 175A as permitting the LMP option 
because section 175A of the Act does not define how areas may 
demonstrate maintenance, and in EPA's experience implementing the 
various NAAQS, areas that qualify for an LMP and have approved LMPs 
have rarely, if ever, experienced subsequent violations of the NAAQS. 
As noted in the LMP guidance memoranda, states seeking an LMP must 
still submit the other maintenance plan elements outlined in the 
Calcagni memo, including an attainment emissions inventory, provisions 
for the continued operation of the ambient air quality monitoring 
network, verification of continued attainment, and a contingency plan 
in the event of a future violation of the NAAQS. Moreover, a state 
seeking an LMP must still submit its section 175A maintenance plan as a 
revision to its SIP, with all attendant notice and comment procedures. 
While the LMP guidance memoranda were originally written with respect 
to certain NAAQS,\7\ EPA has extended the LMP interpretation of section 
175A to other NAAQS and pollutants not specifically covered by the 
previous guidance memos.\8\
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    \7\ The prior memos addressed: unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10 
(particulate matter with an aerodynamic diameter less than 10 
microns) NAAQS, and nonattainment for the carbon monoxide (CO) 
NAAQS.
    \8\ See, e.g., 79 FR 41900 (July 18, 2014) (approval of the 
second ten-year LMP for the Grant County 1971 SO2 
maintenance area).
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    In this case, EPA is proposing to approve Kentucky's LMPs because 
the Commonwealth has made a showing, consistent with EPA's prior LMP 
guidance, that ozone concentrations in the Huntington-Ashland, WV-KY 
and Clarksville-Hopkinsville, TN-KY Areas are well below the 1997 8-
hour ozone NAAQS and have been historically stable and that the 
Commonwealth has met the other maintenance plan requirements. The 
Cabinet submitted the LMPs for the Boyd County and Christian County 
Areas to fulfill the CAA's second maintenance plan requirement. EPA's 
evaluation of the Boyd County and Christian County Areas' LMPs is 
presented in section IV of this document, below.
    On May 20, 2005, and September 29, 2006, the Cabinet submitted 
requests to EPA to redesignate the Christian County and Boyd County 
Areas, respectively, to attainment for the 1997 8-hour ozone NAAQS. 
Those submittals included plans, for inclusion in the Kentucky SIP, to 
provide for maintenance of the 1997 8-hour ozone NAAQS in the 
Clarksville-Hopkinsville, TN-KY Area through 2016 and in the 
Huntington-Ashland, WV-TN Area through 2018. EPA approved the Boyd 
County and the Christian County Areas' Maintenance Plans and the 
Commonwealth's requests to redesignate these Areas to attainment for 
the 1997 8-hour ozone NAAQS, effective September 4, 2007, and February 
24, 2006, respectively. See 72 FR 43172 (August 3, 2007) and 71 FR 4047 
(January 25, 2006), respectively. Kentucky's March 29, 2021, submittal 
contains the second 10-year maintenance plans for the 20-year 
maintenance period of the 1997 8-hour ozone NAAQS to ensure continued 
maintenance for the Clarksville-Hopkinsville, TN-KY and Huntington-
Ashland, WV-TN Areas.
    Section 175A(b) of the CAA requires states to submit a revision to 
the first maintenance plan eight years after redesignation to provide 
for maintenance of the NAAQS for ten additional years following the end 
of the first 10-year period. However, EPA's final implementation rule 
for the 2008 8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and 
stated that one consequence of revocation was that areas that had been 
redesignated to attainment (i.e., maintenance areas) for the 1997 NAAQS 
no longer needed to submit second 10-year maintenance plans under CAA 
section 175A(b). See 80 FR 12264, 12315 (March 6, 2015).
    In South Coast Air Quality Management District v. EPA, the United 
States Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit) vacated EPA's interpretation that, because of the revocation 
of the 1997 8-hour ozone NAAQS, second maintenance plans were not 
required for ``orphan maintenance areas,'' i.e., areas that had been 
redesignated to attainment for the 1997 8-hour ozone NAAQS maintenance 
areas and were designated attainment for the 2008 ozone NAAQS. South 
Coast, 882 F.3d 1138 (D.C. Cir. 2018). Thus, states with these ``orphan 
maintenance areas'' under the 1997 8-hour ozone NAAQS must submit 
maintenance plans for the second maintenance period. Accordingly, on 
March 29, 2021, Kentucky submitted second maintenance plans for the 
Boyd County and Christian County Areas that show that the Areas are 
expected to remain in attainment of the 1997 8-hour ozone

[[Page 51936]]

NAAQS through 2027 and 2026, respectively.
    In recognition of the continuing record of air quality monitoring 
data showing ambient 8-hour ozone concentrations in the Huntington-
Ashland, WV-KY and Clarksville-Hopkinsville, TN-KY Areas well below the 
1997 8-hour ozone NAAQS, the Cabinet chose the LMP option for the 
development of second 1997 8-hour ozone NAAQS maintenance plans. On 
March 29, 2021, the Cabinet adopted the second 10-year 1997 8-hour 
ozone maintenance plans and also submitted the Boyd County and the 
Christian County Areas' LMPs to EPA as revisions to the Kentucky SIP.

III. Kentucky's SIP Submittals

    As mentioned above, on March 29, 2021, the Cabinet submitted the 
Boyd County and Christian County Areas' LMPs to EPA as revisions to the 
Kentucky SIP. The submittals include the LMPs, air quality data, 
emissions inventory information, and appendices. Appendices to the 
plans include comments and responses between EPA and the Cabinet; 
documentation of notice, hearing, and public participation prior to 
adoption of the plans by the Cabinet on March 29, 2021; and a Cabinet 
order, which notes that Kentucky's LMP submittals for the remainder of 
the 20-year maintenance period for the Boyd County and the Christian 
County Areas are in response to the D.C. Circuit's decision overturning 
aspects of EPA's implementation rule for the 2008 8-hour ozone NAAQS 
(South Coast, 882 F.3d 1138 (D.C. Cir. 2018)).
    The Boyd County and Christian County Areas' LMPs do not include any 
additional emissions reduction measures but rely on the same emission 
reduction strategy as the first 10-year maintenance plans that provide 
for maintenance of the 1997 ozone NAAQS through 2018 and 2016, 
respectively. Prevention of significant deterioration (PSD) 
requirements and control measures contained in the SIP will continue to 
apply, and Federal measures (e.g., Federal motor vehicle control 
programs) will continue to be implemented in the Boyd County and 
Christian County Areas.

IV. EPA's Evaluation of Kentucky's SIP Submittals

    EPA has reviewed the Boyd County and Christian County Areas' LMPs, 
which are designed to maintain the 1997 8-hour ozone NAAQS within these 
Areas through the end of the 20-year period beyond redesignation, as 
required under CAA section 175A(b). The following is a summary of EPA's 
interpretation of the section 175A requirements \9\ and EPA's 
evaluation of how each requirement is met for the Boyd County and 
Christian County Areas.
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    \9\ See Calcagni memo.
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A. Attainment Emissions Inventory

    For maintenance plans, a state should develop a comprehensive, 
accurate inventory of actual emissions for an attainment year to 
identify the level of emissions which is sufficient to maintain the 
NAAQS. A state should develop this inventory consistent with EPA's most 
recent guidance on emissions inventory development. For ozone, the 
inventory should be based on typical summer day emissions of VOC and 
NOX, as these pollutants are precursors to ozone formation.
1. Attainment Emissions Inventory--Boyd County Area
    The Boyd County Area LMP includes an ozone attainment inventory for 
Boyd County that reflects typical summer day emissions in 2014. Table 1 
presents a summary of the inventory for 2014 contained in the LMP.\10\
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    \10\ In response to a comment from EPA regarding discrepancies 
between the emissions data in Kentucky's prehearing SIP submittal 
and the emissions data in version 2 of the 2014 National Emissions 
Inventory (NEI), Kentucky explained in its March 29, 2021, submittal 
that it had initially used the NEI 2014 version 1 data but agreed 
that updating to 2014 version 2 data would be appropriate. However, 
the final submittal still contains a discrepancy in the onroad VOC 
emissions data. Therefore, in Table 1 of this document, EPA has 
presented the value that was calculated using the 2014 NEI version 2 
emissions data.

Table 1--2014 Typical Summer Day \11\ VOC and NOX Emissions for the Boyd
                               County Area
                               [Tons/day]
------------------------------------------------------------------------
                                                          NOX emissions
           Source category              VOC emissions
------------------------------------------------------------------------
Nonpoint............................             13.08              1.29
Nonroad.............................              0.24              0.29
Onroad..............................              1.43              2.81
Point...............................              2.32              7.61
                                     -----------------------------------
    Total...........................             17.07             12.00
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    The LMP guidance indicates that an attainment emissions inventory 
should be developed in order to identify emission levels in the area 
and provide the area with a basis to maintain the NAAQS. The inventory 
should consist of the ozone precursors (NOX and VOC) and 
their emissions from a typical summer day measured in tons per day 
(tpd). The emissions data are based on the 2014v2 National Emissions 
Inventory (NEI) platform for point sources, nonpoint sources, onroad, 
and nonroad mobile sources. For Boyd County, point sources make up the 
majority of contributions of NOX, at 7.61 tpd. Nonpoint 
sources make up the majority of VOC contributions at 13.08 tpd. Based 
on our review of the methods, models, and assumptions used by Kentucky 
to develop the VOC and NOX estimates, EPA proposes to find 
that the Boyd County Area's LMP includes a comprehensive, reasonably 
accurate inventory of actual ozone precursor emissions in attainment 
year 2014 and proposes to conclude that the plan's inventories are 
acceptable for the purposes of a subsequent maintenance plan under CAA 
section 175A(b).
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    \11\ The following formula was used to determine the typical 
summer day emissions for each sector: (Annual emissions) x (25 
percent annual throughput June-Aug)/92 = typical summer day 
emissions. This formula represents the tons per summer day by taking 
the annual emissions of NOX and VOC from each source 
sector, multiplying it by 0.25 (which represents June, July, and 
August, the summer quarter of the calendar year), and then dividing 
it by 92 (which accounts for each summer day). Data from the 2014v2 
NEI were used for the annual emissions part of the equation.
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2. Attainment Emissions Inventory--Christian County Area
    The Christian County Area LMP includes an ozone attainment 
inventory for Christian County that reflects typical summer day 
emissions in 2014. Table 2 presents a summary of the inventory for 2014 
contained in the LMP.

[[Page 51937]]



   Table 2--2014 Typical Summer Day \12\ VOC and NOX Emissions for the
                          Christian County Area
                               [Tons/day]
------------------------------------------------------------------------
                                                          NOX emissions
           Source category              VOC emissions
------------------------------------------------------------------------
Nonpoint............................             27.04              2.44
Nonroad.............................              0.38              1.08
Onroad..............................              1.99              5.75
Point...............................              1.07              0.32
                                     -----------------------------------
    Total...........................             30.48              9.59
------------------------------------------------------------------------

    As with Boyd County, the emissions data are based on the 2014v2 NEI 
platform for point sources, nonpoint sources, onroad, and nonroad 
mobile sources. For Christian County, onroad mobile sources make up the 
majority of contributions of NOX, at 5.75 tpd. Nonpoint 
sources make up the majority of contributions of VOC, at 27.04 tpd. 
Based on our review of the methods, models, and assumptions used by 
Kentucky to develop the VOC and NOX estimates, EPA proposes 
to find that the Christian County Area's LMP includes a comprehensive, 
reasonably accurate inventory of actual ozone precursor emissions in 
attainment year 2014 and proposes to conclude that the plan's 
inventories are acceptable for the purposes of a subsequent maintenance 
plan under CAA section 175A(b).
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    \12\ See footnote 11.
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B. Maintenance Demonstration

1. Boyd County Area--Maintenance Demonstration for Huntington-Ashland, 
WV-KY Area
    The maintenance demonstration requirement is considered to be 
satisfied in an LMP if the state can provide sufficient weight of 
evidence indicating that air quality in the area is well below the 
level of the NAAQS, that past air quality trends have been shown to be 
stable, and that the probability of the area experiencing a violation 
over the second 10-year maintenance period is low.\13\ These criteria 
are evaluated below with regard to the Boyd County Area.
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    \13\ See footnote 6.
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a. Evaluation of Ozone Concentrations in Huntington-Ashland, WV-KY Area
    To attain the 1997 8-hour ozone NAAQS, the three-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
(design value) at each monitor within an area must not exceed 0.08 ppm. 
Based on the rounding convention described in 40 CFR part 50, Appendix 
I, the 1997 8-hour ozone NAAQS is attained if the design value is 0.084 
ppm or below.
    There are currently two ozone monitors in the Huntington-Ashland, 
WV-KY Maintenance Area, one in Boyd County, Kentucky, and one in Cabell 
County, West Virginia (which was relocated to a new location in 2019). 
Based on quality assured and certified monitoring data for 2019-2021, 
the current design value for the Huntington-Ashland, WV-KY is 0.059 
ppm, or 70 percent of the level of the 1997 8-hour ozone NAAQS. 
Consistent with prior guidance, EPA believes that if the most recent 
air quality design value for the area is at a level that is well below 
the NAAQS (e.g., below 85 percent of the NAAQS, or in this case, below 
0.071 ppm), then EPA considers the state to have met the section 175A 
requirement for a demonstration that the area will maintain the NAAQS 
for the requisite period. Such a demonstration assumes continued 
applicability of prevention of significant deterioration requirements 
and any control measures already in the SIP and that Federal measures 
will remain in place through the end of the second 10-year maintenance 
period, absent a showing, consistent with CAA section 110(l), that such 
measures are not necessary to assure maintenance.
    Table 3 presents the design values (in ppm) for each monitor in the 
Huntington-Ashland, WV-KY Maintenance Area over the 2006-2021 period. 
As shown, the AQS monitors in the area--Ashland Primary-(FIVCO) Monitor 
(AQS ID 21-019-0017) and Huntington Monitors (AQS ID 54-011-0006 and 
AQS 54-011-0007) \14\--have been well below the level of the 1997 8-
hour ozone NAAQS over the entire first 10-year maintenance period since 
the Area was redesignated to attainment, and the most recent design 
value is below the level of 85 percent of the NAAQS, consistent with 
prior LMP guidance.
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    \14\ The Huntington, WV monitor in Cabell County was relocated, 
as explained in the note to Table 3 of this document.
    \15\ See EPA Air Quality Design Values at https://www.epa.gov/air-trends/air-quality-design-values.

                             Table 3--1997 8-Hour Ozone NAAQS Design Values \15\ (ppm) for Monitors in Huntington Ashland, WV-KY Area for the 2006-2021 Time Period
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                                                                                   2006-   2007-   2008-   2009-   2010-   2011-   2012-   2013-   2014-   2015-   2016-   2017-   2018-   2019-
                             County                                 AQS site ID    2008    2009    2010    2011    2012    2013    2014    2015    2016    2016    2018    2019    2020    2021
                                                                                    DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV
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Boyd, KY........................................................     21-019-0017   0.074   0.070   0.070   0.069   0.072   0.069   0.068   0.066   0.066   0.065   0.064   0.062   0.061   0.059
Cabell, WV......................................................     54-011-0006   0.080   0.073   0.066   0.067   0.072   0.069   0.065   0.062   0.064   0.064   0.064     (*)     (*)  ......
Cabell, WV......................................................     54-011-0007  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......     (*)     (*)   0.059
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* The Cabell County, West Virginia, monitor (AQS Site ID 54-011-0006) was relocated to a new site (AQS ID 54-011-0007) before the ozone monitoring season in 2019. As a result, neither site
  collected a complete three-year design value during 2017-2019 and 2018-2020.

    Therefore, the Boyd County Area is eligible for the LMP option, and 
EPA proposes to find that the long record of monitored ozone 
concentrations that attain the NAAQS, together with the continuation of 
existing VOC and NOX emissions control programs, adequately 
provide for the maintenance of the 1997 8-hour ozone NAAQS in the Area 
through the second 10-year maintenance period and beyond.
    Additional supporting information that the Area is expected to 
continue to maintain the NAAQS can be found in

[[Page 51938]]

projections of future year design values that EPA recently completed to 
assist states with development of interstate transport SIPs for the 
2015 ozone NAAQS.\16\ Those projections, made for the year 2023, show 
that the highest design value in the Area is projected to be 0.058 ppm. 
EPA is not proposing to make any finding in this rulemaking regarding 
interstate transport obligations for any state.
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    \16\ See the spreadsheet titled ``Ozone Monitoring Site Design 
Values for 2008 through 2017 and for 2023'' at https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs.
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b. Stability of Ozone Levels in Huntington-Ashland, WV-KY Area
    As discussed above, the Huntington-Ashland, WV-KY Area has 
maintained air quality well below the 1997 8-hour ozone NAAQS over the 
past fourteen years. Additionally, the design value data shown within 
Table 3 of this document, illustrates that ozone levels have been 
relatively stable over this timeframe, with an overall downward trend. 
For example, the data within Table 3 of this document indicates that 
the largest year-over-year change in design value at any one monitor 
during fourteen years was seven parts per billion (ppb), which occurred 
between the 2006-2008 and between the 2007-2009 and 2008-2010 design 
values. Furthermore, the overall ozone concentrations for the Area 
decreased by 15 ppb between the 2007-2009 and 2019-2021 design values 
at the Ashland Primary-Monitor (AQS ID 21-019-0017). This downward 
trend in ozone levels, coupled with the relatively small, year-over-
year variation in ozone design values, makes it reasonable to conclude 
that Huntington-Ashland, WV-KY Area will not exceed the 1997 8-hour 
ozone NAAQS during the second 10-year maintenance period.
2. Christian County Area--Maintenance Demonstration for Clarksville-
Hopkinsville, TN-KY Area
    As stated above, the maintenance demonstration requirement is 
considered to be satisfied in an LMP if the state can provide 
sufficient weight of evidence indicating that air quality in the area 
is well below the level of the NAAQS, that past air quality trends have 
been shown to be stable, and that the probability of the area 
experiencing a violation over the second 10-year maintenance period is 
low. These criteria are evaluated below with regard to the Christian 
County Area.
a. Evaluation of Ozone Air Quality Levels in Clarksville-Hopkinsville, 
TN-KY Area
    To attain the 1997 8-hour ozone NAAQS, the three-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
(design value) at each monitor within an area must not exceed 0.08 ppm. 
Based on the rounding convention described in 40 CFR part 50, Appendix 
I, the NAAQS is attained if the design value is 0.084 ppm or below. 
There is currently one ozone monitor in the Clarksville-Hopkinsville, 
TN-KY Maintenance Area, in Christian County, Kentucky.
    Based on quality assured and certified monitoring data for 2019-
2021, the current design value for the Clarksville-Hopkinsville, TN-KY 
Area is 0.058 ppm, or 69 percent of the level of the 1997 8-hour ozone 
NAAQS. Consistent with prior guidance, EPA believes that if the most 
recent air quality design value for the area is at a level that is well 
below the NAAQS (e.g., below 85 percent of the NAAQS, or in this case, 
below 0.071 ppm), then EPA considers the state to have met the section 
175A requirement for a demonstration that the area will maintain the 
NAAQS for the requisite period. Such a demonstration assumes continued 
applicability of prevention of significant deterioration requirements 
and any control measures already in the SIP and that Federal measures 
will remain in place through the end of the second 10-year maintenance 
period, absent a showing consistent with section 110(l) that such 
measures are not necessary to assure maintenance.
    Table 4 presents the design values (in ppm) for the Christian 
County, Kentucky, monitor for the three-year periods 2006-2008 through 
2019-2021. As shown in Table 4, the Clarksville-Hopkinsville, TN-KY 
Area has been well below the level of the 1997 8-hour ozone NAAQS over 
the entire first 10-year maintenance period since the Area was 
redesignated to attainment, and the most current design value is below 
the level of 85 percent of the NAAQS, consistent with prior LMP 
guidance.

                      Table 4--1997 8-Hour Ozone NAAQS Design Values (ppm) at the Monitoring Site in the Clarksville-Hopkinsville, TN-KY Area for the 2006-2021 Time Period
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   2006-   2007-   2008-   2009-   2010-   2011-   2012-   2013-   2014-   2015-   2016-   2017-   2018-   2019-
                             County                                 AQS site ID    2008    2009    2010    2011    2012    2013    2014    2015    2016    2016    2018    2019    2020    2021
                                                                                    DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Christian.......................................................     21-047-0006   0.078   0.074   0.069   0.070   0.073   0.069   0.067   0.063   0.062   0.061   0.060   0.058   0.058   0.058
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    Therefore, the Christian County Area is eligible for the LMP 
option, and EPA proposes to find that the long record of monitored 
ozone concentrations that attain the NAAQS, together with the 
continuation of existing VOC and NOX emissions control 
programs, adequately provide for the maintenance of the 1997 8-hour 
ozone NAAQS in the Clarksville-Hopkinsville, TN-KY Area through the 
second 10-year maintenance period and beyond.
    Additional supporting information that the Clarksville-
Hopkinsville, TN-KY Area is expected to continue to maintain the NAAQS 
can be found in projections of future year design values that EPA 
recently completed to assist states with development of interstate 
transport SIPs for the 2015 ozone NAAQS.\17\ Those projections, made 
for the year 2023, show that the highest design value in the Area is 
expected to be 0.056 ppm.
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    \17\ See the spreadsheet titled ``Ozone Monitoring Site Design 
Values for 2008 through 2017 and for 2023'' at https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs.
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b. Stability of Ozone Levels in Clarksville-Hopkinsville Area
    As discussed above, the Clarksville-Hopkinsville, TN-KY Area has 
maintained air quality well below the 1997 8-hour ozone NAAQS over the 
past fourteen years. Additionally, the design value data shown within 
Table 4 of this document, illustrates that ozone levels have been 
relatively stable over this timeframe, with an overall downward trend. 
For example, the data within Table 4 of this document, indicates that 
the largest year-over-year change in design value at any one monitor 
during these fourteen years was five ppb which occurred between the 
2007-2009 design value and the 2008-2010 design value, and it 
represented only a six percent change. Furthermore, the overall ozone 
concentrations for the

[[Page 51939]]

Clarksville-Hopkinsville, TN-KY Area decreased by 20 ppb between the 
2007-2009 and 2019-2021 design values at the Hopkinsville, Kentucky, 
monitor (AQS ID 21-047-0006). This downward trend in ozone levels, 
coupled with the relatively small, year-over-year variation in ozone 
design values, makes it reasonable to conclude that the Clarksville-
Hopkinsville, TN-KY Area will not exceed the 1997 8-hour ozone NAAQS 
during the second 10-year maintenance period.

C. Monitoring Network and Verification of Continued Attainment

    EPA annually reviews the ozone monitoring network that the Cabinet 
operates and maintains in accordance with 40 CFR part 58. This network 
is described in the ambient air monitoring network plan that is 
developed by the Cabinet and submitted to EPA annually, following a 
public notification and comment process. EPA has reviewed and approved 
Kentucky's 2021 Ambient Air Monitoring Network Plan (2021 Annual 
Network Plan).\18\
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    \18\ See Letter from Caroline Y. Freeman, Director, Air and 
Radiation Division, US EPA Region 4, to Melissa K. Duff, Director, 
Kentucky Division for Air Quality (October 27, 2021) (approving the 
2021 Kentucky Ambient Air Monitoring Network Plan) (included in 
docket for this proposed rulemaking).
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    To verify the attainment status of the area over the maintenance 
period, the maintenance plan should contain provisions for continued 
operation of an appropriate EPA-approved monitoring network in 
accordance with 40 CFR part 58. As noted above, the Cabinet's 
monitoring networks in the Boyd County and Christian County Areas have 
been approved by the EPA in accordance with 40 CFR part 58, and the 
Cabinet has committed to continue to maintain a network in accordance 
with the EPA requirements. For further details on monitoring, the 
reader is referred to the 2021 Kentucky Annual Network Plan \19\ as 
well as EPA's approval letter for the 2021 Annual Network Plan, which 
can be found in the docket for this proposed action. EPA proposes to 
find that the Cabinet's monitoring network is adequate to verify 
continued attainment of the 1997 ozone NAAQS in the Huntington-Ashland, 
WV-KY and Clarksville-Hopkinsville, TN-KY Areas.
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    \19\ 2021 Kentucky Annual Ambient Air Monitoring Network Plan. 
Commonwealth of Kentucky Energy and Environment Cabinet, Department 
for Environmental Protection, Division for Air Quality (June 29, 
2021). Available online at: https://eec.ky.gov/Environmental-Protection/Air/Air-Monitoring/Pages/default.aspx.
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D. Contingency Plan

    Section 175A(d) of the Act requires that a maintenance plan include 
contingency provisions. The purpose of such contingency provisions is 
to prevent future violations of the NAAQS or to promptly remedy any 
NAAQS violations that might occur during the maintenance period. The 
state should identify specific triggers which will be used to determine 
when the contingency measures need to be implemented.
    For the Boyd County and Christian County Areas, if a monitored 
violation of the 8-hour ozone design value occurs in any portion the 
Huntington-Ashland, WV-KY Area or Clarksville-Hopkinsville, TN-KY Area, 
respectively, or if periodic emission inventory updates reveal 
excessive or unanticipated growth in ozone precursor emissions, the 
contingency plans in Kentucky's LMPs require the Commonwealth to 
evaluate existing control measures to see if any further emission 
reduction measures should be implemented. In the event of a monitored 
violation of the 1997 ozone NAAQS in the Huntington-Ashland, WV-KY Area 
or the Clarksville-Hopkinsville, TN-KY Area, Kentucky commits to adopt, 
within a period of nine months, one or more of several potential 
contingency measures listed in the plan to re-attain the standard. 
After the triggering monitored violation, all of the selected 
regulatory programs will be implemented within 18 months.
    The plans also provide that the Cabinet will complete any necessary 
analyses to submit to EPA and that contingency measures will be adopted 
and implemented as quickly as possible but no later than eighteen 
months after the triggering event. Should the affected area return to 
attainment prior to the implementation of the contingency measure(s), 
those measures may not be implemented. In addition, the plans provide 
that Cabinet reserves the right to implement other contingency measures 
if new control programs should be developed and deemed more 
advantageous for the area. Prior to the implementation of any 
contingency measure(s) not listed, the Cabinet will solicit input from 
all interested and affected parties in the area. No contingency measure 
will be implemented without notification to EPA and approval granted by 
EPA.
    EPA proposes to find that the contingency provisions in Kentucky's 
second maintenance plans for both the Boyd County and Christian County 
Areas for the 1997 8-hour Ozone NAAQS meet the requirements of the CAA 
section 175A(d).

E. Conclusion

    EPA proposes to find that the Boyd County and Christian County 
Areas' LMPs for the 1997 8-hour ozone NAAQS include an approvable 
update of the various elements (including attainment inventory, 
assurance of adequate monitoring and verification of continued 
attainment, and contingency provisions) of the initial EPA-approved 
Maintenance Plan for the 1997 8-hour ozone NAAQS. EPA also proposes to 
find that the Boyd County and Christian County Areas qualify for the 
LMP option and adequately demonstrate maintenance of the 1997 8-hour 
ozone NAAQS through the documentation of monitoring data showing 
maximum 1997 8-hour ozone levels well below the NAAQS and historically 
stable design values.
    EPA also believes the Boyd County and Christian County Areas' LMPs, 
which retain all existing control measures in the SIP, are sufficient 
to provide for maintenance of the 1997 8-hour ozone NAAQS in the 
Huntington-Ashland, WV-KY and Clarksville-Hopkinsville, TN-KY Areas, 
respectively, over the second maintenance period (i.e., through 2027 
and 2026, respectively) and thereby satisfy the requirements for such a 
plan under CAA section 175A(b). EPA is therefore proposing to approve 
Kentucky's March 29, 2021, submission of the Boyd County and Christian 
County Areas' LMPs as revisions to the Kentucky SIP.

V. Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B). 
EPA's transportation conformity rule at 40 CFR part 93, subpart A, 
requires that transportation plans, programs, and projects conform to 
SIPs and establishes the criteria and procedures for determining 
whether they conform. The conformity rule generally requires a 
demonstration that emissions from the Regional Transportation Plan 
(RTP) and the Transportation Improvement Program (TIP) are consistent 
with the motor vehicle emissions budget (MVEB) contained in the control 
strategy SIP revision or maintenance plan. See 40 CFR 93.101, 93.118, 
and 93.124. A MVEB is defined as ``the portion of the total allowable 
emissions defined in the

[[Page 51940]]

submitted or approved control strategy implementation plan revision or 
maintenance plan for a certain date for the purpose of meeting 
reasonable further progress milestones or demonstrating attainment or 
maintenance of the NAAQS, for any criteria pollutant or its precursors, 
allocated to highway and transit vehicle use and emissions.'' See 40 
CFR 93.101.
    Under the conformity rule, LMP areas may demonstrate conformity 
without a regional emissions analysis. See 40 CFR 93.109(e). EPA made 
findings that the MVEBs in the first 10-years of the 1997 8-hour zone 
maintenance plan for the Boyd County and Christian County Areas were 
adequate for transportation conformity purposes. In a Federal Register 
notice published on August 3, 2007, EPA notified the public of the 
adequacy finding for the Boyd County Area through final rulemaking; the 
adequacy determination for the Boyd County Area became effective on 
September 4, 2007. See 72 FR 43172. In a Federal Register notice 
published on January 25, 2006, EPA notified the public of the adequacy 
finding for the Christian County Area through a final rule; the 
adequacy determination for the Christian County Area became effective 
on February 24, 2006. See 71 FR 4047.
    After approval of or an adequacy finding for each of these LMPs, 
there is no requirement to meet the budget test pursuant to the 
transportation conformity rule for the respective maintenance area. All 
actions that would require a transportation conformity determination 
for the Boyd County and Christian County Areas under EPA's 
transportation conformity rule provisions are considered to have 
already satisfied the regional emissions analysis and ``budget test'' 
requirements in 40 CFR 93.118 as a result of EPA's adequacy finding for 
the LMP. See 69 FR 40004 (July 1, 2004).
    However, because LMP areas are still maintenance areas, certain 
aspects of transportation conformity determinations still will be 
required for transportation plans, programs, and projects. 
Specifically, for such determinations, RTPs, TIPs and transportation 
projects still will have to demonstrate that they are fiscally 
constrained (40 CFR 93.108) and meet the criteria for consultation (40 
CFR 93.105) and Transportation Control Measure implementation in the 
conformity rule provisions (40 CFR 93.113) as well as meet the hot-spot 
requirements for projects (40 CFR 93.116).\20\ Additionally, conformity 
determinations for RTPs and TIPs must be determined no less frequently 
than every four years, and conformity of plan and TIP amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104. In addition, in order for 
projects to be approved they must come from a currently conforming RTP 
and TIP. See 40 CFR 93.114 and 40 CFR 93.115.
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    \20\ A conformity determination that meets other applicable 
criteria in Table 1 of paragraph (b) of this section (93.109(e)) is 
still required, including the hot-spot requirements for projects in 
CO, PM10, and fine particulate matter (PM2.5) 
areas.
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VI. Proposed Actions

    Under sections 110(k) and 175A of the CAA and for the reasons set 
forth above, EPA is proposing to approve the Boyd County and Christian 
County Areas' LMPs for the 1997 8-hour ozone NAAQS, submitted by the 
Cabinet on March 29, 2021, as revisions to the Kentucky SIP. EPA is 
proposing to approve the Boyd County and Christian County Areas' LMPs 
because they include an acceptable update of the various elements of 
the 1997 8-hour ozone NAAQS Maintenance Plan approved by EPA for the 
first 10-year period (including emissions inventory, assurance of 
adequate monitoring and verification of continued attainment, and 
contingency provisions), and essentially carry forward all of the 
control measures and contingency provisions relied upon in the earlier 
plans.
    EPA also finds that the Boyd County and Christian County Areas 
qualify for the LMP option and that, therefore, the Boyd County and 
Christian County Areas' LMPs adequately demonstrate maintenance of the 
1997 8-hour ozone NAAQS through documentation of monitoring data 
showing maximum 1997 8-hour ozone levels well below the NAAQS and 
continuation of existing control measures. EPA believes that the Boyd 
County and Christian County Areas' 1997 8-Hour ozone LMPs are 
sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS in 
the Huntington-Ashland, WV-KY and Clarksville-Hopkinsville, TN-KY 
Areas, respectively, over the second 10-year maintenance period, 
through 2027 and 2026, respectively, and thereby satisfy the 
requirements for such a plan under CAA section 175A(b).

VII. 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);
     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 proposed 
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,

[[Page 51941]]

Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

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

    Dated: August 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-18168 Filed 8-23-22; 8:45 am]
BILLING CODE 6560-50-P


