14626 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: March 11, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–6302 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0426–201030; FRL– 

9282–6] 

Approval and Promulgation of 

Implementation Plans; Kentucky; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP), 

submitted by the Commonwealth of 

Kentucky, through the Division of Air 

Quality (DAQ) of the Kentucky 

Environmental and Public Protection 

Cabinet, now called the Energy and 

Environment Cabinet, as demonstrating 

that the Commonwealth meets the 

requirements of sections 110(a)(1) and 

(2) of the Clean Air Act (CAA or Act) for 

the 1997 8-hour ozone national ambient 

air quality standards (NAAQS). Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by the EPA and is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Kentucky certified 

that the Kentucky SIP contains 

provisions that ensure the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in Kentucky 

(hereafter referred to as ‘‘infrastructure 

submission’’). Kentucky’s infrastructure 

submission, provided to EPA on 

December 13, 2007, addressed all the 

required infrastructure elements for the 

1997 8-hour ozone NAAQS. 

DATES: Written comments must be 

received on or before April 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2009–0426, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9140. 

4. Mail: ‘‘EPA–R04–OAR–2009–0426,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2009– 

0426. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management 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 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can also be reached via 

electronic mail at 

ward.nacosta@epa.gov. 

Table of Contents 

I. Background 

II. What elements are required under 

Sections 110(a)(1) and (2)? 

III. What is EPA’s analysis of how Kentucky 

addressed the elements of Sections 

110(a)(1) and (2) ‘‘infrastructure’’ 

provisions? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone based on 8-hour 

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1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather due at the time the 

nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title 1 of the CAA, and (2) 

submissions required by section 110(a)(2)(1) which 

pertain to the nonattainment planning requirements 

of part D, Title 1 of the CAA. Today’s proposed 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(1) or the 

nonattainment planning requirements of 

110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s proposed rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 

8-hour ozone NAAQS. Interstate transport 

requirements were formerly addressed by Kentucky 

consistent with the Clean Air Interstate Rule 

(CAIR). On December 23, 2008, CAIR was remanded 

by the DC Circuit Court of Appeals, without 

vacatur, back to EPA. See North Carolina v. EPA, 

531 F.3d 896 (DC Cir. 2008). Prior to this remand, 

EPA took final action to approve Kentucky’s SIP 

revision, which was submitted to comply with 

CAIR. See 72 FR 56623 (October 4, 2007). In so 

doing, Kentucky’s CAIR SIP revision addressed the 

interstate transport provisions in Section 

110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS. 

In response to the remand of CAIR, EPA has since 

proposed a new rule to address the interstate 

transport of NOX and SOX in the eastern United 

States. See 75 FR 45210 (Aug. 2, 2010) (‘‘the 

Transport Rule’’). However, because this rule has 

yet to be finalized, EPA’s action on element 

110(a)(2)(D)(i) will be addressed in a separate 

action. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under Section 

110(a)(1) and (2) for the 1997 8-Hour Ozone and 

PM2.5 National Ambient Air Quality Standards,’’ but 

as mentioned above is not relevant to today’s 

proposed rulemaking. 

average concentrations. The 8-hour 

averaging period replaced the previous 

1-hour averaging period, and the level of 

the NAAQS was changed from 0.12 

parts per million (ppm) to 0.08 ppm (see 

62 FR 38856). Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIPs meeting the requirements 

of section 110(a)(2) within three years 

after promulgation of a new or revised 

NAAQS. Sections 110(a)(1) and (2) 

require states to address basic SIP 

requirements, including emissions 

inventories, monitoring, and modeling 

to assure attainment and maintenance of 

the NAAQS. States were required to 

submit such SIPs for the 1997 8-hour 

ozone NAAQS to EPA no later than June 

2000. However, intervening litigation 

over the 1997 8-hour ozone NAAQS 

created uncertainty about how to 

proceed and many states did not 

provide the required ‘‘infrastructure’’ SIP 

submission for these newly promulgated 

NAAQS. 

On March 4, 2004, Earthjustice 

submitted a notice of intent to sue 

related to EPA’s failure to issue findings 

of failure to submit related to the 

‘‘infrastructure’’ requirements for the 

1997 8-hour ozone NAAQS. EPA 

entered into a consent decree with 

Earthjustice which required EPA, among 

other things, to complete a Federal 

Register notice announcing EPA’s 

determinations pursuant to section 

110(k)(1)(B) as to whether each state had 

made complete submissions to meet the 

requirements of section 110(a)(2) for the 

1997 8-hour ozone NAAQS by 

December 15, 2007. Subsequently, EPA 

received an extension of the date to 

complete this Federal Register notice 

until March 17, 2008, based upon 

agreement to make the findings with 

respect to submissions made by January 

7, 2008. In accordance with the consent 

decree, EPA made completeness 

findings for each state based upon what 

the Agency received from each state as 

of January 7, 2008. 

On March 27, 2008, EPA published a 

final rulemaking entitled, 

‘‘Completeness Findings for Section 

110(a) State Implementation Plans; 

8-Hour Ozone NAAQS,’’ making a 

finding that each state had submitted or 

failed to submit a complete SIP that 

provided the basic program elements of 

section 110(a)(2) necessary to 

implement the 1997 8-hour ozone 

NAAQS. See 73 FR 16205. For those 

states that did receive findings, the 

findings of failure to submit for all or a 

portion of a state’s implementation plan 

established a 24-month deadline for 

EPA to promulgate a Federal 

Implementation Plan (FIP) to address 

the outstanding SIP elements unless, 

prior to that time, the affected states 

submitted, and EPA approved, the 

required SIPs. 

The findings that all or portions of a 

state’s submission are complete 

establish a 12-month deadline for EPA 

to take action upon the complete SIP 

elements in accordance with section 

110(k). Kentucky’s infrastructure 

submission was received by EPA on 

December 13, 2007, and was determined 

to be complete on March 27, 2008. 

Kentucky was among other states that 

did not receive findings of failure to 

submit because it provided a complete 

submission to EPA to address the 

infrastructure elements for the 1997 

8-hour ozone NAAQS by March 1, 2008. 

Today’s action is proposing to approve 

Kentucky’s infrastructure submission 

for which EPA made the completeness 

determination on March 27, 2008. This 

action is not approving any specific 

rule, but rather proposing that 

Alabama’s already approved SIP meets 

certain CAA requirements. 

II. What elements are required under 

Sections 110(a)(1) and (2)? 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affects the content of the 

submission. The contents of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. In the 

case of the 1997 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

mentioned above, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this proposed rulemaking 

are listed below 1 and in EPA’s October 

2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required 

Under Section 110(a)(1) and (2) for the 

1997 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

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• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

III. What is EPA’s analysis of how 

Kentucky addressed the elements of 

Sections 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

Kentucky’s infrastructure submission 

addresses the provisions of sections 

110(a)(1) and (2) as described below. 

1. 110(a)(2)(A): Emission limits and 

other control measures: Kentucky’s 

infrastructure submission provides an 

overview of the provisions of the 

Kentucky Air Regulations relevant to air 

quality control regulations. The 

regulations described below have been 

federally approved in the Kentucky SIP 

and include enforceable emission 

limitations and other control measures. 

Chapter 50—Division for Air Quality; 

General Administrative Procedures of 

the Kentucky Air Regulations generally 

authorizes the Kentucky Environmental 

and Public Protection Cabinet to adopt 

rules for the control of air pollution, 

including those necessary to obtain EPA 

approval under section 110 of the CAA. 

The most recent federally approved 

revision of this chapter was on April 21, 

2010 (75 FR 20780). Chapter 51— 

Attainment and Maintenance of the 

National Ambient Air Quality 

Standards also includes references to 

rules adopted by Kentucky to control air 

pollution, including ozone precursors. 

The most recent federally approved 

revision of Chapter 51 was on April 21, 

2010 (75 FR 20780). EPA has made the 

preliminary determination that the 

provisions contained in these chapters 

and Kentucky’s practices are adequate 

to protect the 1997 8-hour ozone 

NAAQS in the Commonwealth. 

In this action, EPA is not proposing to 

approve or disapprove any existing state 

provisions with regard to excess 

emissions during startup, shutdown, or 

malfunction (SSM) of operations at a 

facility. EPA believes that a number of 

states have SSM provisions which are 

contrary to the CAA and existing EPA 

guidance, ‘‘State Implementation Plans: 

Policy Regarding Excess Emissions 

During Malfunctions, Startup, and 

Shutdown’’ (September 20, 1999), and 

the Agency plans to address such state 

regulations in the future. In the 

meantime, EPA encourages any state 

having deficient SSM provisions to take 

steps to correct them as soon as 

possible. 

Additionally, in this action, EPA is 

not proposing to approve or disapprove 

any existing state rules with regard to 

director’s discretion or variance 

provisions. EPA believes that a number 

of states have such provisions which are 

contrary to the CAA and existing EPA 

guidance (52 FR 45109 (November 24, 

1987)), and the Agency plans to take 

action in the future to address such state 

regulations. In the meantime, EPA 

encourages any state having a director’s 

discretion or variance provision which 

is contrary to the CAA and EPA 

guidance to take steps to correct the 

deficiency as soon as possible. 

2. 110(a)(2)(B) Ambient air quality 

monitoring/data system: Kentucky’s 

infrastructure submission provides 

information in Chapter 50:050— 

Monitoring, with regard to the 

organization and structure of the 

monitoring program that includes the 

local air quality programs. These 

entities collect air monitoring data, 

quality assure the results and report the 

data. The most recent federally 

approved revision of this chapter was 

on July 12, 1982 (47 FR 30059). Chapter 

51:010—Attainment status designations 

includes information indicating 

Kentucky’s ozone monitor locations. 

The most recent federally approved 

revision of this chapter was on July 24, 

1998 (63 FR 39739). Annually, EPA 

approves the ambient air monitoring 

network plan for the state agencies. On 

June 30, 2010, the Commonwealth of 

Kentucky submitted its plan to EPA, 

which also included the LouisvilleJefferson County local monitoring 

program. On October 8, 2010, EPA 

approved Kentucky’s monitoring 

network plan. Kentucky’s approved 

monitoring network plan can be 

accessed at http://www.regulations.gov 

using Docket ID No. EPA–R04–OAR– 

2009–0426. EPA has made the 

preliminary determination that 

Kentucky’s SIP and practices are 

adequate for the ambient air quality 

monitoring and data system related to 

the 1997 8-hour ozone NAAQS. 

3. 110(a)(2)(C) Program for 

enforcement of control measures 

including review of proposed new 

sources: In Chapter 51:052—Review of 

new sources in or impacting upon 

nonattainment areas of Kentucky’s SIP, 

a description of the compliance 

activities of the Commonwealth’s 

regional field offices and the one local 

agency in Jefferson County is included. 

The most recent federally approved 

revision of this chapter was on July 11, 

2006 (71 FR 38990). It also includes a 

description of the Commonwealth’s 

statutory authority to enforce 

regulations relating to attainment and 

maintenance of the 1997 8-hour ozone 

NAAQS. Additionally, Kentucky 

submitted a SIP revision on February 4, 

2010, which addresses the Ozone 

Implementation New Source Review 

(NSR) Update requirements to include 

nitrogen oxides (NOX) as an ozone 

precursor for permitting purposes for 

prevention of significant deterioration 

(PSD) and nonattainment NSR. 

Specifically, the Ozone Implementation 

NSR Update requirements included 

changes to major source thresholds for 

sources in certain classes of 

nonattainment areas, changes to offset 

ratios for marginal, moderate, serious, 

severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. EPA published a final action 

approving Kentucky’s revisions which 

incorporate NOX as an ozone precursor 

on September 15, 2010 (75 FR 55988). 

Chapter 52:030—Federally enforceable 

permits for non-major sources describes 

how the Commonwealth’s construction 

permits program reviews proposed new 

major and minor sources of volatile 

organic compounds (VOCs) and NOX for 

compliance with the 8-hour ozone 

NAAQS. 

EPA published a final action revising 

Kentucky’s greenhouse gas (GHG) 

regulations on December 29, 2010 (75 

FR 81868). The revisions include two 

significant changes impacting the 

regulation of GHGs under Kentucky’s 

NSR/PSD program; (1) provides the 

Commonwealth with authority to issue 

PSD permits governing GHGs, and (2) 

establishes appropriate emission 

thresholds for determining which new 

stationary sources and modification 

projects become subject to Kentucky’s 

PSD permitting requirements for its 

GHG emissions. EPA has made the 

preliminary determination that 

Kentucky’s SIP and practices are 

adequate for program enforcement of 

control measures including review of 

proposed new sources related to the 

1997 8-hour ozone NAAQS. 

In this action, EPA is proposing to 

approve Kentucky’s infrastructure SIP 

for the 8-hour ozone NAAQS with 

respect to the general requirement in 

section 110(a)(2)(C) to include a 

program in the SIP that regulates the 

modification and construction of any 

stationary source as necessary to assure 

that the NAAQS are achieved. EPA is 

not proposing to approve or disapprove 

the state’s existing minor NSR program 

itself to the extent that it is inconsistent 

with EPA’s regulations governing this 

program. EPA believes that a number of 

states may have minor NSR provisions 

that are contrary to the existing EPA 

regulations for this program. EPA 

intends to work with states to reconcile 

state minor NSR programs with EPA’s 

regulatory provisions for the program. 

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The statutory requirements of section 

110(a)(2)(C) provide for considerable 

flexibility in designing minor NSR 

programs, and EPA believes it may be 

time to revisit the regulatory 

requirements for this program to give 

the states an appropriate level of 

flexibility to design a program that 

meets their particular air quality 

concerns, while assuring reasonable 

consistency across the country in 

protecting the NAAQS with respect to 

new and modified minor sources. 

EPA has made the preliminary 

determination that Kentucky’s SIP and 

practices are adequate for program 

enforcement of control measures 

including review of proposed new 

sources related to the 1997 8-hour ozone 

NAAQS. 

4. 110(a)(2)(D)(ii) Interstate and 

International transport provisions: In 

Chapter 51:017—Prevention of 

significant deterioration of air quality, 

Kentucky outlines how it will notify 

neighboring states of potential impacts 

from new or modified sources. 

Kentucky does not have any pending 

obligation under section 115 and 126. 

Additionally, it has federally approved 

regulations in its SIP that satisfy the 

requirements for the NOX SIP Call. See 

67 FR 17624 (April 11, 2002). EPA has 

made the preliminary determination 

that Kentucky’s SIP and practices are 

adequate for insuring compliance with 

the applicable requirements relating to 

interstate and international pollution 

abatement for the 1997 8-hour ozone 

NAAQS. 

5. 110(a)(2)(E) Adequate resources: 

The Kentucky DAQ is responsible for 

adopting air quality rules, revising SIPs, 

developing and tracking the budget, 

establishing the title V fees, and other 

planning needs. Additionally, Kentucky 

DAQ coordinates agreements with the 

local air pollution control program for 

Jefferson County, the Louisville Metro 

Air Pollution Control District. Annually, 

states update these grant commitments 

based on current SIP requirements, air 

quality planning and applicable 

requirements related NAAQS, including 

the 1997 8-hour ozone NAAQS. On May 

6, 2010, EPA submitted a letter to the 

Commonwealth outlining 105 grant 

commitments and current status of 

those commitments for fiscal year 2009. 

The letter EPA submitted to Kentucky 

can be accessed at http:// 

www.regulations.gov using Docket ID 

No. EPA–R04–OAR–2009–0426. There 

were no outstanding issues, therefore 

the Commonwealth’s grants were 

finalized and closed out. EPA has made 

the preliminary determination that 

Kentucky has adequate resources for 

implementation of the 1997 8-hour 

ozone NAAQS. 

6. 110(a)(2)(F) Stationary source 

monitoring system: Kentucky’s 

infrastructure submission describes how 

the major source and minor source 

emission inventory programs collect 

emission data throughout the 

Commonwealth (including Jefferson 

County) and ensure the quality of data. 

These programs generate data for ozone 

precursors (VOCs and NOX) and 

summarize emissions from point, area, 

mobile, and biogenic (natural) sources. 

Kentucky DAQ uses these data to track 

progress towards maintaining the 

NAAQS, develop control and 

maintenance strategies, identify sources 

and general emission levels, and 

determine compliance with emission 

regulations and additional EPA 

requirements. This is outlined in 

Chapter 50:050—Monitoring of the 

Kentucky Air Regulations. 

Additionally, the National Emissions 

Inventory (NEI) is EPA’s central 

repository for air emissions data. EPA 

published the Air Emissions Reporting 

Rule (AERR) on December 5, 2008, 

which modified the requirements for 

collecting and reporting air emissions 

data (73 FR 76539). The AERR 

shortened the time states had to report 

emissions data from 17 to 12 months, 

giving states one calendar year to submit 

emissions data. All states are required to 

submit a comprehensive emissions 

inventory every three years and report 

emissions for certain larger sources 

annually through EPA’s online 

Emissions Inventory System (EIS). 

States report emissions data for the six 

criteria pollutants and the precursors 

that form them—nitrogen oxides, sulfur 

dioxide, ammonia, lead, carbon 

monoxide, particulate matter, and 

volatile organic compounds. Many 

states also voluntarily report emissions 

of hazardous air pollutants. Kentucky 

made its latest update to the NEI on 

February 17, 2011. EPA compiles the 

emissions data, supplementing it where 

necessary, and releases it to the general 

public through the Web site http:// 

www.epa.gov/ttn/chief/ 

eiinformation.html. EPA has made the 

preliminary determination that 

Kentucky’s SIP and practices are 

adequate for the stationary source 

monitoring systems related to the 1997 

8-hour ozone NAAQS. 

7. 110(a)(2)(G) Emergency power: 

Kentucky’s infrastructure submission 

provides an overview of the Kentucky 

Air Regulations, specifically Chapter 

55—Emergency Episodes which 

identifies air pollution emergency 

episodes and preplanned abatement 

strategies. The episode criteria specified 

in this chapter for ozone are based on 

a 1-hour average ozone level at a 

monitoring site. These criteria have 

previously been approved by EPA. EPA 

has made the preliminary determination 

that these criteria are adequate to 

address ozone emergency episodes for 

the 1997 8-hour ozone NAAQS. As a 

result, EPA has made the preliminary 

determination that Kentucky’s SIP and 

practices are adequate for emergency 

powers related to the 1997 8-hour ozone 

NAAQS. 

8. 110(a)(2)(H) Future SIP revisions: 

As previously discussed, Kentucky’s 

DAQ is responsible for adopting air 

quality rules and revising SIPs as 

needed to attain or maintain the 

NAAQS . Kentucky has the ability and 

authority to respond to calls for SIP 

revisions, and has provided a number of 

SIP revisions over the years for 

implementation of the NAAQS. Specific 

to the 1997 8-hour ozone NAAQS, 

Kentucky has provided the following 

submissions: 

• May 20, 2005, SIP Revision (EPA 

approval, see 71 FR 4047, January 25, 

2006)—Redesignation request and 175A 

maintenance plan for the ClarksvilleHopkinsville, TN-KY Area; 

• September 29, 2006, SIP revision 

(EPA approval, see 72 FR 36601, July 5, 

2007)—Redesignation request and 175A 

maintenance plan for the Louisville 

Area; 

• September 29, 2006, SIP revision 

(EPA approval, see 72 FR 43172, August 

3, 2007)—Redesignation request and 

175A maintenance plan for the 

Huntington-Ashland, WV-KY Area; 

• May 27, 2008, SIP revision— 

110(a)(1) Maintenance plans for a 

portion of Greenup County, Lexington 

Area, Owensboro Area, Edmonson 

County and the Paducah Area (EPA 

approval of the Paducah Area, see 75 FR 

52467, August 27, 2010); 

• January 29, 2010, SIP revision (EPA 

approval, see 75 FR 47218, August 5, 

2010)—Redesignation request and 175A 

maintenance plan for the Northern 

Kentucky portion of the Cincinnati 

Area; and 

• February 4, 2010, SIP revision (EPA 

approval, see 75 FR 55988, September 

15, 2010) NOX as a precursor. 

In all of Kentucky’s 175A 

maintenance plans, the Commonwealth 

commits to provide additional SIP 

revisions for the 1997 8-hour ozone 

NAAQS pursuant to 175(A)(b), and also 

commits to provide additional SIP 

revisions to implement contingency 

measures should one of the areas that 

was redesignated to attainment violate 

the 1997 8-hour ozone NAAQS. EPA has 

made the preliminary determination 

that Kentucky’s SIP and practices 

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adequately demonstrate a commitment 

to provide future SIP revisions related to 

the 1997 8-hour ozone NAAQS when 

necessary. 

9. 110(a)(2)(J) (121 consultation) 

Consultation with government officials: 

Kentucky Air Regulations Chapter 50— 

Division for Air Quality; General 

Administrative Procedures of the 

Kentucky Air Regulations and Chapter 

51—Attainment and Maintenance of the 

National Ambient Air Quality 

Standards provide for consultation with 

government officials whose jurisdictions 

might be affected by SIP development 

activities. More specifically, Kentucky 

adopted state-wide consultation 

procedures for the implementation of 

transportation conformity which 

includes the consideration of the 

development of mobile inventories for 

SIP development. Required partners 

covered by Kentucky’s consultation 

procedures include federal, state and 

local transportation and air quality 

agency officials. EPA approved 

Kentucky’s consultation procedures on 

September 15, 2010 (75 FR 55988). 

Additionally, DAQ submitted a regional 

haze plan which outlines its 

consultation practices with Federal 

Land Managers. EPA has made the 

preliminary determination that 

Kentucky’s SIP and practices adequately 

demonstrate consultation with 

government officials related to the 1997 

8-hour ozone NAAQS when necessary. 

10. 110(a)(2)(J) (127 public 

notification) Public notification: The 

Commonwealth’s emergency episode 

provisions provide for notification to 

the public when the NAAQS, including 

the ozone NAAQS, are exceeded. This is 

also discussed above in 110(a)(2)(G). 

Additionally, the Commonwealth 

reports daily air quality information on 

its state Web site at: http://air.ky.gov/ 

Pages/AirQualityIndexMonitoring.aspx 

to inform the public on the existing air 

quality within the Commonwealth. EPA 

has made the preliminary determination 

that Kentucky’s SIP and practices 

adequately demonstrate the 

Commonwealth’s ability to provide 

public notification related to the 1997 8- 

hour ozone NAAQS when necessary. 

11. 110(a)(2)(J) (PSD) PSD and 

visibility protection: Kentucky 

demonstrates its authority to regulate 

new and modified sources of ozone 

precursors (VOCs and NOX) to assist in 

the protection of air quality in Kentucky 

Air Regulations Chapter 51:017— 

Prevention of significant deterioration of 

air quality. Kentucky submitted a SIP 

revision on February 4, 2010, which 

addresses the Ozone Implementation 

NSR Update requirements to include 

NOX as an ozone precursor for 

permitting purposes. Specifically, the 

Ozone Implementation NSR Update 

requirements included changes to major 

source thresholds for sources in certain 

classes of nonattainment areas, changes 

to offset ratios for marginal, moderate, 

serious, severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. This SIP revision 

incorporates changes to Chapter 

51:052—Review of new sources in or 

impacting upon nonattainment areas 

and Chapter 51:017—Prevention of 

Significant Deterioration of air quality. 

This action was proposed on April 1, 

2010 (75 FR 16388). EPA published a 

final action approving Kentucky’s 

revisions to incorporate changes to 

Chapter 51:052 and Chapter 51:017. 

September 15, 2010 (75 FR 55988). 

With regard to the applicable 

requirements for visibility protection, 

EPA recognizes that states are subject to 

visibility and regional haze program 

requirements under Part C of the Act 

(which includes sections 169A and 

169B). In the event of the establishment 

of a new NAAQS; however, the 

visibility and regional haze program 

requirements under part C do not 

change. Thus, EPA finds that there is no 

new visibility obligation ‘‘triggered’’ 

under section 110(a)(2)(J) when a new 

NAAQS becomes effective. This would 

be the case even in the event a 

secondary PM2.5 NAAQS for visibility is 

established, because this NAAQS would 

not affect visibility requirements under 

part C. Kentucky has submitted a SIP 

revision for approval to satisfy the 

requirements of the CAA Section 169A, 

and the regional haze and best available 

retrofit technology rules contained in 40 

CFR 51.308. This SIP revision is 

currently under review and will be 

acted on in a separate action. EPA has 

made the preliminary determination 

that Kentucky’s SIP and practices 

adequately demonstrate the 

Commonwealth’s ability to implement 

PSD programs and to provide for 

visibility protection related to the 1997 

8-hour ozone NAAQS when necessary. 

12. 110(a)(2)(K) Air quality and 

modeling/data: Kentucky conducts air 

quality modeling and reports the results 

of such modeling to EPA, as set forth in 

Kentucky Air Regulations Chapter 

50:040—Air quality models. This 

regulation shows that ambient ozone 

monitoring is used, in conjunction with 

pre- and post-construction ambient air 

monitoring, to track local and regional 

scale changes in ozone concentrations. 

Additionally, Kentucky supports a 

regional effort to coordinate the 

development of emissions inventories 

and conduct regional modeling for 

several NAAQS, including the 1997 8- 

hour ozone NAAQS, for the 

Southeastern states. Taken as a whole, 

the Commonwealth’s air quality 

regulations demonstrate that DAQ has 

the authority to provide relevant data 

for the purpose of predicting the effect 

on ambient air quality of the 8-hour 

ozone NAAQS. EPA has made the 

preliminary determination that 

Kentucky’s SIP and practices adequately 

demonstrate the Commonwealth’s 

ability to provide for air quality and 

modeling, along with analysis of the 

associated data, related to the 1997 8- 

hour ozone NAAQS when necessary. 

13. 110(a)(2)(L) Permitting fees: 

Kentucky addresses the review of 

construction permits as previously 

discussed in 110(a)(2)(C) above. 

Permitting fees are collected through the 

Commonwealth’s title V fees program, 

which has been federally approved. EPA 

has made the preliminary determination 

that Kentucky’s SIP and practices 

adequately provide for permitting fees 

related to the 1997 8-hour ozone 

NAAQS when necessary. 

14. 110(a)(2)(M) Consultation/ 

participation by affected local entities: 

The Kentucky DAQ coordinates with 

local governments affected by the SIP. 

More specifically, Kentucky adopted 

state-wide consultation procedures for 

the implementation of transportation 

conformity which includes the 

consideration of the development of 

mobile inventories for SIP development 

and the requirements that link 

transportation planning and air quality 

planning in nonattainment and 

maintenance areas. EPA approved these 

procedures in Chapter 50:066 

Conformity of transportation plans, 

programs, and projects (Amendment) on 

April 21, 2010 (75 FR 20180). Required 

partners covered by Kentucky’s 

consultation procedures include federal, 

state and local transportation and air 

quality agency officials. The state and 

local transportation agency officials are 

most directly impacted by 

transportation conformity requirements 

and are required to provide public 

involvement for their activities 

including the analysis of how the 

Commonwealth meets transportation 

conformity requirements. Additionally, 

Chapter 65—Mobile Source-Related 

Emissions also discusses consultation 

related activities specifically related to 

mobile sources. EPA has made the 

preliminary determination that 

Kentucky’s SIP and practices adequately 

demonstrate consultation by affected 

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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 14631 

local entities related to the 1997 8-hour 

ozone NAAQS when necessary. 

IV. Proposed Action 

As described above, the 

Commonwealth of Kentucky has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in Kentucky. 

EPA is proposing to approve Kentucky’s 

infrastructure submission for the 1997 

8-hour ozone NAAQS because this 

submission is consistent with section 

110 of the CAA. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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. Accordingly, this proposed 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the Commonwealth, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate Matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: March 7, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–6260 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04OAR–2010–0722–201108; FRL– 

9282–5] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP), 

submitted by the State of Mississippi, 

through the Department of 

Environmental Quality (DEQ), as 

demonstrating that Mississippi meets 

the requirements of sections 110(a)(1) 

and (2) of the Clean Air Act (CAA or 

Act) for the 1997 8-hour ozone national 

ambient air quality standard (NAAQS). 

Section 110(a) of the CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Mississippi 

certified that the Mississippi SIP 

contains provisions that ensure the 1997 

8-hour ozone NAAQS are implemented, 

enforced, and maintained in Mississippi 

(hereafter referred to as ‘‘infrastructure 

submission’’). Mississippi’s 

infrastructure submission, provided to 

EPA on December 7, 2007, addressed all 

the required infrastructure elements for 

the 1997 8-hour ozone NAAQS. 

DATES: Written comments must be 

received on or before April 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0722, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9140. 

4. Mail: ‘‘EPA–R04–OAR–2010–0722,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0722. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1