Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 42745 

3. Pursuant to 39 U.S.C. 505, the 

Commission appoints Kenneth E. 

Richardson to serve as an officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public in this docket. 

4. Comments by interested persons, 

with respect to Library Reference 1 and 

matters discussed during the technical 

conference are due no later than 

September 19, 2014. 

5. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2014–17249 Filed 7–22–14; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 13 

[EPA–HQ–OA–2014–0012; FRL–9914–28– 

OCFO] 

Administrative Wage Garnishment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule, extension of 

public comment period. 

SUMMARY: The EPA is extending the 

period for providing comments on the 

proposed rule entitled, Administrative 

Wage Garnishment published in the 

Federal Register on July 2, 2014 to 

September 2, 2014. 

DATES: Comments. The public comment 

period for the proposed rule published 

July 2, 2014, (79 FR 37704) is being 

extended to September 2, 2014 in order 

to provide the public additional time to 

submit comments and supporting 

information. 

ADDRESSES: Comments. Written 

comments on the proposed rule may be 

submitted to the EPA electronically, by 

mail, by facsimile or through hand 

delivery/courier. Please refer to the 

proposal (79 FR 37704) for the addresses 

and detailed instructions. 

Docket: Publically available 

documents relevant to this action are 

available for public inspection either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the Administrative Wage Garnishment 

Docket in the EPA Docket Center, EPA/ 

DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is 202–566–1744. 

The EPA has established the official 

public docket # EPA–HQ–OA–2014– 

0012. 

FOR FURTHER INFORMATION CONTACT: 

FPPS c/o Anita Jones, OCFO/OFM/ 

FPPS, Mailcode 2733R, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460; 

telephone number: (202) 564–4969; fax 

number: (202) 565–2585; email address: 

jones.anita@epa.gov. 

SUPPLEMENTARY INFORMATION: In 

response to requests from the public, the 

EPA is extending the previously 

announced public-comment period. The 

public-comment period will end 

September 2, 2014, rather than August 

1, 2014. The direct final rule published 

at 79 FR 37644 on July 2, 2014 was 

withdrawn. The withdrawal notice of 

the direct final rule was published in 

the Federal Register on Thursday, July 

17, 2014 at 79 FR 41646. 

List of Subjects in 40 CFR Part 13 

Environmental protection, 

Administrative practice and procedure, 

Claims, Debt Collection, Government 

employees, Garnishment of wages, 

Hearing and appeal procedures, 

Salaries, Wages. 

Authority: 5 U.S.C. 552a, 5512, and 5514; 

31 U.S.C. 3711 et seq.; 3720A; and 3720D. 

Dated: July 17, 2014. 

Jeanne Conklin, 

Acting Director Office of Financial 

Management. 

[FR Doc. 2014–17322 Filed 7–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0486; FRL–9914–26– 

Region–4] 

Approval and Promulgation of 

Implementation Plans; Commonwealth 

of Kentucky: New Source Review for 

Fine Particulate Matter (PM2.5) 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

changes to the Kentucky State 

Implementation Plan (SIP), submitted 

by the Commonwealth of Kentucky, 

through the Kentucky Division for Air 

Quality (KDAQ) to EPA on January 31, 

2013. The SIP revision modifies the 

Commonwealth’s New Source Review 

(NSR), Prevention of Significant 

Deterioration (PSD), and Nonattainment 

New Source Review (NNSR) regulations 

to adopt into the Kentucky SIP Federal 

NSR permitting requirements for the 

implementation of the fine particulate 

matter (PM2.5) national ambient air 

quality standards (NAAQS). All of the 

changes in Kentucky’s January 31, 2013 

SIP submission are necessary to comply 

with Federal requirements. EPA is 

proposing approval of the 

Commonwealth’s January 31, 2013 

revision to the Kentucky SIP because 

the Agency has preliminarily 

determined that the changes are 

consistent with the Clean Air Act (CAA 

or Act). Additionally, EPA is proposing 

to convert two conditional approvals for 

SIP infrastructure requirements (related 

to Kentucky’s permitting program) to 

full approval under the CAA. 

DATES: Comments must be received on 

or before August 22, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No EPA–R04– 

OAR–2013–0486, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2013–0486 

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: Ms. 

Lynorae Benjamin, Chief, 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 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2013– 

0486. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 

www.regulations.gov or email 

information that you consider to be CBI 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

42746 Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 

1Airborne particulate matter (PM) with a nominal 

aerodynamic diameter of 2.5 micrometers or less (a 

micrometer is one-millionth of a meter, and 2.5 

micrometers is less than one-seventh the average 

width of a human hair) are considered to be ‘‘fine 

particles’’ and are also known as PM2.5. Fine 

particles in the atmosphere are made up of a 

complex mixture of components including sulfate; 

nitrate; ammonium; elemental carbon; a great 

variety of organic compounds; and inorganic 

material (including metals, dust, sea salt, and other 

trace elements) generally referred to as ‘‘crustal’’ 

material, although it may contain material from 

other sources. The health effects associated with 

exposure to PM2.5 include potential aggravation of 

respiratory and cardiovascular disease (i.e., lung 

disease, decreased lung function, asthma attacks 

and certain cardiovascular issues). On July 18, 

1997, EPA revised the NAAQS for PM to add new 

standards for fine particles, using PM2.5 as the 

indicator. Previously, EPA used PM10 (inhalable 

particles smaller than or equal to 10 micrometers 

in diameter) as the indicator for the PM NAAQS. 

EPA established health-based (primary) annual and 

24-hour standards for PM2.5, setting an annual 

standard at a level of 15.0 micrograms per cubic 

meter (mg/m3) and a 24-hour standard at a level of 

65 mg/m3. See 62 FR 38652. At the time the 1997 

primary standards were established, EPA also 

established welfare-based (secondary) standards 

identical to the primary standards. The secondary 

standards are designed to protect against major 

environmental effects of PM2.5, such as visibility 

impairment, soiling, and materials damage. On 

October 17, 2006, EPA revised the primary and 

secondary 24-hour NAAQS for PM2.5 to 35 mg/m3

and retained the existing annual PM2.5 NAAQS of 

15.0 mg/m3. See 71 FR 61236. On January 15, 2013, 

EPA published a final rule revising the annual 

PM2.5 NAAQS to 12 mg/m3. See 78 FR 3086. 

2EPA’s regulations governing the implementation 

of NSR permitting programs are contained in 40 

CFR sections 51.160–.166; 52.21, .24; and part 51, 

Appendix S. The CAA NSR program is composed 

of three separate programs: PSD, NNSR, and Minor 

NSR. PSD is established in part C of title I of the 

CAA and applies in areas that meet the NAAQS— 

‘‘attainment areas’’—as well as areas where there is 

insufficient information to determine if the area 

meets the NAAQS—‘‘unclassifiable areas.’’ The 

NNSR program is established in part D of title I of 

the CAA and applies in areas that are not in 

attainment of the NAAQS—‘‘nonattainment areas.’’ 

The Minor NSR program addresses construction or 

modification activities that do not qualify as 

‘‘major’’ and applies regardless of the designation 

of the area in which a source is located. Together, 

these programs are referred to as the NSR programs. 

3The D.C. Circuit Court of Appeals vacated the 

portions of the PM2.5 PSD Increment-SILs-SMC Rule 

addressing the SMC and SILs (and remanded the 

SILs portion to EPA for further consideration). See 

Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). 

or otherwise protected. The 

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 email comment directly 

to EPA without going through 

www.regulations.gov, your email 

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 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Kentucky SIP, 

contact Ms. Twunjala Bradley, 

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. 

Telephone number: (404) 562–9352; 

email address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

Yolanda Adams, Air Permits Section, at 

the same address above. Telephone 

number: (404) 562–9214; email address: 

adams.yolanda@epa.gov. For 

information regarding PM2.5 NAAQS, 

contact Mr. Joel Huey, Regulatory 

Development Section, at the same 

address above. Telephone number: (404) 

562–9104; email address: 

huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing? 

II. What is the background for EPA’s 

proposed action? 

III. EPA’s Conversion of Conditional 

Approval of the Commonwealth’s SIP 

IV. What is EPA’s analysis of the 

Commonwealth’s SIP revision? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

On January 31, 2013, KDAQ 

submitted a SIP revision to EPA for 

approval into the Kentucky SIP to adopt 

Federal requirements for NSR 

permitting. The Commonwealth’s SIP 

revision makes changes to the 

regulations at Kentucky’s Air Quality 

Regulations, 401 KAR 51:001— 

Definitions for 401–KAR Chapter 51; 

401 KAR 51:017—Prevention of 

significant deterioration of air quality 

and 401 KAR 51:052—Review of new 

sources in or impacting upon 

nonattainment areas to adopt NSR 

requirements related to the 

implementation of the PM2.5 1 NAAQS 

as promulgated in the rulemakings 

entitled ‘‘Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers,’’ Final Rule, 73 FR 28321 

(May 16, 2008) (hereafter referred to as 

the NSR PM2.5 Rule) and ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC),’’ Final Rule, 75 FR 64864 

(October 20, 2010) (hereafter referred to 

as the ‘‘PM2.5 PSD Increments-SILs-SMC 

Rule’’) to comply with Federal NSR 

permitting regulations at 40 CFR 51.166 

and 51.165.2

Additionally, the Commonwealth’s 

January 31, 2013 SIP submission 

satisfies EPA’s multiple conditional 

approvals of the PSD-related 

requirements for sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II) and 110(a)(2)(J) of 

Kentucky’s infrastructure SIPs for the 

1997 and 2006 PM2.5 and 2008 8-hour 

ozone NAAQS. As a result, EPA is 

proposing to convert from conditional 

approval to full approval KDAQ’s 

infrastructure requirements related to its 

PSD program. More details on EPA’s 

conditional approvals are discussed in 

section III of this rulemaking. 

EPA is not, however, proposing action 

to approve into the Kentucky SIP the 

PM2.5 SILs and SMC thresholds and 

provisions promulgated in EPA’s PM2.5

PSD Increment-SILs-SMC Rule, 75 FR 

64864 (October 20, 2010).3 More 

information regarding EPA’s decision to 

not take action on these provisions is 

provided below in section II. 

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Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 42747 

4On May 18, 2011, EPA took final action to 

repeal the PM2.5 grandfathering provision at 40 CFR 

52.21(i)(1)(xi). This final action ended the use of the 

1997 PM10 Surrogate Policy for PSD permits under 

the Federal PSD program at 40 CFR 52.21. See 76 

FR 28646. In effect, any PSD permit applicant 

previously covered by the grandfathering provision 

(for sources that completed and submitted a permit 

application before July 15, 2008) that did not have 

a final and effective PSD permit before the effective 

date of the repeal would no longer be able to rely 

on the 1997 PM10 Surrogate Policy to satisfy the 

PSD requirements for PM2.5 unless the application 

included a valid surrogacy demonstration. The final 

rule also confirmed that states with SIP-approved 

PSD permitting programs could no longer rely on 

the PM10 Surrogate Policy to satisfy the PSD 

requirements for PM2.5. The Commonwealth’s 

January 31, 2013 SIP revision does not rely on the 

PM10 Surrogate Policy. For more information on the 

PM10 Surrogate and Grandfathering Policy, see 76 

FR 28646 (May 18, 2011), as well as an August 12, 

2009, final order on a title V petition describing the 

use of PM10 as a surrogate for PM2.5 entitled ‘‘In re 

Louisville Gas & Electric Company, Petition No. IV– 

2008–3, Order on Petition.’’ 

5The Commonwealth’s January 31, 2013 SIP 

submission did not adopt the NNSR interpollutant 

offset trading provisions EPA codified at 

51.165(a)(11). The preferred trading ratios 

announced in the rule preamble were the subject of 

a petition to reconsider which was granted by the 

Administrator. As a result of the reconsideration, 

EPA issued a memorandum on June 20, 2011, 

providing that the ratios were no longer supported 

by the agency as being presumptively approvable 

for adoption in SIPs containing NNSR programs for 

PM2.5. See EPA’s June 20, 2011 Memorandum 

entitled ‘‘Revised Policy to Address 

Reconsideration of Interpollutant Trading 

Provisions for Fine Particles (PM2.5)’’ at http://

www.epa.gov/nsr/guidance.html. 

6The Natural Resources Defense Council, Sierra 

Club, American Lung Association, and Medical 

Advocates for Healthy Air challenged before the 

D.C. Circuit EPA’s April 25, 2007 (72 FR 20586) 

Rule entitled ‘‘Clean Air Fine Particle 

Implementation Rule,’’ that established detailed 

implementation regulations to assist states with the 

development of SIPs to demonstrate attainment for 

the 1997 annual and 24-hour PM2.5 NAAQS and the 

separate May 16, 2008 NSR PM2.5 Rule (the subject 

of today’s proposed rulemaking). Today’s proposed 

rulemaking only pertains to the impacts of the 

court’s decision on the May 16, 2008 NSR PM2.5

Rule and not the April 25, 2007 implementation 

rule as the Commonwealth’s January 31, 2013 SIP 

revision proposes to adopt the NSR permitting 

provisions established in the NSR PM2.5 Rule. 

7 ‘‘Clean Air Fine Particle Implementation Rule’’ 

(hereafter referred to as the 2007 Rule); Final Rule, 

72 FR 20586 (April 25, 2007). 

8The final rule entitled ‘‘Identification of 

Nonattainment Classification and Deadlines for 

Submission of State Implementation Plan (SIP) 

Provisions for the 1997 Fine Particle (PM2.5) 

National Ambient Air Quality Standard (NAAQS) 

and 2006 PM2.5 NAAQS.’’ This final rule also 

identifies the initial classification of current 1997 

and 2006 PM2.5 nonattainment areas as moderate 

and the EPA guidance and relevant rulemakings 

that are currently available regarding 

implementation of subpart 4 requirements. 

II. What is the background for EPA’s 

proposed action? 

Today’s proposed action to revise the 

Kentucky SIP relates to EPA’s NSR 

PM2.5 Rule and the PM2.5 PSD 

Increment-SILs-SMC Rule. Together 

these two rules address the NSR 

permitting requirements needed to 

implement the PM2.5 NAAQS. The 

Commonwealth’s January 31, 2013 

revision adopts into the Kentucky SIP 

the PSD and NNSR requirements 

promulgated in these two rules to be 

consistent with Federal regulations. 

More detail on the NSR PM2.5 Rule, 

PM2.5 PSD Increment-SILs-SMC Rule, 

the PM2.5 NAAQS and the NSR program 

can be found in EPA’s May 16, 2008 and 

October 20, 2010 final rules and are 

summarized below. See 73 FR 28321 

and 75 FR 64864, respectively. 

A. NSR PM2.5 Implementation Rule 

On May 16, 2008, EPA finalized the 

NSR PM2.5 Rule to implement the PM2.5

NAAQS for the NSR permitting 

program. See 73 FR 28321. The NSR 

PM2.5 Rule revised the Federal NSR 

program requirements to establish the 

framework for implementing 

preconstruction permit review for the 

PM2.5 NAAQS in both attainment and 

nonattainment areas (NAA). 

Specifically, the NSR PM2.5 Rule 

established the following NSR 

provisions to implement the PM2.5

NAAQS: (1) required NSR permits to 

address directly emitted PM2.5 and 

certain precursor pollutants; (2) 

established significant emission rates for 

direct PM2.5 and precursor pollutants 

(including sulfur dioxide (SO2) and 

nitrogen oxides (NOX); (3) established 

NNSR PM2.5 emission offsets; and (4) 

required states to account for gases that 

condense to form particles 

(condensables) in PM2.5 and PM10

applicability determinations and 

emission limits in PSD and NNSR 

permits; and (5) provided a 

grandfathering provision in the federal 

program for certain pending PM2.5

permit applications.4 Additionally, the 

NSR PM2.5 Rule authorized states to 

adopt provisions in their NNSR rules 

that would allow interpollutant offset 

trading.5 The Commonwealth’s January 

31, 2013 SIP revision addresses a 

portion of the PSD and NNSR 

provisions established in EPA’s May 16, 

2008 NSR PM2.5 Rule. A few key issues 

described in greater detail below 

include the NSR PM2.5 litigation and the 

PM condensable correction. 

1. PM2.5 Implementation Rule(s) 

Litigation 

On January 4, 2013, the United States 

Court of Appeals for the District of 

Columbia Circuit issued a judgment 6

that remanded EPA’s April 25, 2007 7

and May 16, 2008 PM2.5 implementation 

rules implementing the 1997 PM2.5

NAAQS. See Natural Resources Defense 

Council v. EPA, 706 F.3d 428 (D.C. Cir. 

2013). The court found that because the 

statutory definition of PM10 (see section 

302(t) of the CAA) included particulate 

matter with an aerodynamic diameter 

less than or equal to 10 micrometers, it 

necessarily includes PM2.5. EPA had 

developed the 2007 and 2008 (or NSR 

PM2.5 Rule) rules consistent with the 

general NAA requirements of subpart 1 

of Part D, title I, of the CAA. Relative to 

subpart 1, subpart 4 of Part D, title I, 

includes additional provisions that 

apply to PM10 NAA and is more specific 

about what states must do to bring areas 

into attainment through, among other 

things, the establishment of a two tier 

classification system for NAA (moderate 

or serious). The court concluded that 

since subpart 4 of the CAA generally 

applies to PM10, EPA should have also 

followed the more prescriptive subpart 

4 structure for the PM2.5 implementation 

rules. The court ordered EPA to 

repromulgate the implementation rules 

pursuant to subpart 4. 

In particular, subpart 4 includes 

section 189(e) of the CAA, which 

requires the control of major stationary 

sources of PM10 precursors (and hence 

under the court decision, PM2.5

precursors) ‘‘except where the 

Administrator determines that such 

sources do not contribute significantly 

to PM10 levels which exceed the 

standard in the area.’’ 

Subpart 4 pertains exclusively to 

particulate matter NAA, and the Court 

did not address EPA’s implementation 

of the PM2.5 NAAQS under part C or the 

PSD program. Thus, EPA does not 

interpret the court’s decision as 

affecting implementation of the PSD 

requirements established in the May 16, 

2008 NSR PM2.5 Rule and does not 

anticipate the need to revise any PSD 

requirements promulgated in the NSR 

PM2.5 Rule in order to comply with the 

court’s decision. 

On June 2, 2014, EPA published a 

final rule 8 which, in part, sets a 

December 31, 2014 deadline for states to 

make any remaining required 

attainment-related and NNSR SIP 

submissions, pursuant to and 

considering the application of subpart 4. 

See 79 FR 31566. Further analysis of 

this litigation in relation to Kentucky’s 

SIP revision is discussed in section 

IV.A. The Court’s January 4, 2013, 

decision can be found in the docket for 

today’s proposed rulemaking using 

Docket ID: EPA–R04–OAR–2013–0486. 

2. ‘‘Condensable PM’’ Correction 

In the NSR PM2.5 Rule, EPA revised 

the definition of ‘‘regulated NSR 

pollutant’’ for PSD to add a paragraph 

providing that ‘‘particulate matter (PM) 

emissions, PM2.5 emissions and PM10

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42748 Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 

9 In addition to the NSPS for PM, it is noted that 

states regulated ‘‘particulate matter emissions’’ for 

many years in their SIPs for PM, and the same 

indicator has been used as a surrogate for 

determining compliance with certain standards 

contained in 40 CFR part 63, regarding National 

Emission Standards for Hazardous Air Pollutants. 

10The October 20, 2010, rule also established 

PM2.5 SILs and SMC. See 75 FR 64864, 64900. 

These two provisions were the subject of litigation 

by the Sierra Club. See section IV of this rulemaking 

for more information on the litigation or in the 

docket for today’s proposed action using docket ID: 

EPA–R04–OAR–2013–0486. 

11Section 169(4) of the CAA provides that the 

baseline concentration of a pollutant for a particular 

baseline area is generally the air quality at the time 

of the first application for a PSD permit in the area. 

12Baseline dates are pollutant-specific. That is, a 

complete PSD application establishes the baseline 

date only for those regulated NSR pollutants that 

are projected to be emitted in significant amounts 

(as defined in the regulations) by the applicant’s 

new source or modification. Thus, an area may have 

different baseline dates for different pollutants. 

13EPA generally characterized the PM2.5 NAAQS 

as a NAAQS for a new indicator of PM. EPA did 

not replace the PM10 NAAQS with the NAAQS for 

PM2.5 when the PM2.5 NAAQS were promulgated in 

1997. EPA rather retained the annual and 24-hour 

NAAQS for PM10 (retaining PM10 as an indicator of 

coarse particulate matter),and treated PM2.5 as a 

new pollutant for purposes of developing 

increments even though EPA had already 

developed air quality criteria for PM generally. See 

75 FR 64864 (October 20, 2010). 

14EPA interprets section 166(a) to authorize EPA 

to promulgate pollutant-specific PSD regulations 

meeting the requirements of section 166(c) and 

166(d) for any pollutant for which EPA promulgates 

a NAAQS after 1977. 

emissions’’ shall include gaseous 

emissions from a source or activity 

which condense to form particulate 

matter at ambient temperatures and that 

on or after January 1, 2011, such 

condensable particulate matter shall be 

accounted for in applicability 

determinations and in establishing 

emissions limitations for PM, PM2.5 and 

PM10 in permits. See 73 FR 28321. A 

similar paragraph added to the NNSR 

rule does not include ‘‘particulate 

matter (PM) emissions.’’ See 40 CFR 

51.165(a)(1)(xxxvii)(D). 

On October 25, 2012, EPA took final 

action to amend the definition of 

‘‘regulated NSR pollutant’’ promulgated 

in the NSR PM2.5 Rule regarding the PM 

condensable provision at 40 CFR 

51.166(b)(49)(vi), 52.21(b)(50)(i) and 

EPA’s Emissions Offset Interpretative 

Ruling. See 77 FR 65107. The 

rulemaking removed the inadvertent 

requirement in the NSR PM2.5 Rule that 

the measurement of condensable 

‘‘particulate matter emissions’’ be 

included as part of the measurement 

and regulation of ‘‘particulate matter 

emissions.’’ The term ‘‘particulate 

matter emissions’’ includes filterable 

particles that are larger than PM2.5 or 

PM10 and is an indicator measured 

under various New Source Performance 

Standards (NSPS) (40 CFR part 60).9

The Commonwealth’s January 31, 2013 

SIP revision adopts EPA’s definition for 

regulated NSR pollutant requiring states 

to consider condensables (at 40 CFR 

51.166(b)(49)(vi)), excluding the term 

‘‘particulate matter emissions.’’ 

B. PM2.5 PSD-Increment-SILs-SMC Rule 

The October 20, 2010 final 

rulemaking established PM2.5

increments pursuant to section 166(a) of 

the CAA to prevent significant 

deterioration of air quality in areas 

meeting the NAAQS. Today’s action 

pertains only to the PM2.5 increments 

(and relevant related implementing 

provisions) promulgated in the October 

20, 2010, rule.10 The Commonwealth’s 

January 31, 2013 SIP revision adopts 

NSR changes promulgated in the PM2.5

PSD Increments-SILs-SMC Rule to be 

consistent with the Federal NSR 

regulations and to appropriately 

implement the State’s NSR program for 

the PM2.5 NAAQS. For the reasons 

explained below, EPA is not proposing 

in this rulemaking to take action to 

approve the Commonwealth’s proposed 

revisions related to the SILs (at 

paragraph (k)(2) of section 51.166 and 

52.21) and SMC (at paragraph (i)(5) of 

section 51.166 and 52.21) promulgated 

in the PM2.5 PSD Increments-SILs-SMC 

Rule into the Kentucky SIP. The SILs 

and SMC portions of the PM2.5 PSD 

Increments-SILs-SMC Rule were vacated 

(and in the case of the SILs, also 

remanded to EPA) by the D.C. Circuit 

Court of Appeals. See Sierra Club v. 

EPA, 705 F.3d 458 (D.C. Cir. 2013). 

1. What are PSD increments? 

As established in part C of title I of 

the CAA, EPA’s PSD program protects 

public health from adverse effects of air 

pollution by ensuring that construction 

of new or modified sources in 

attainment or unclassifiable areas does 

not lead to significant deterioration of 

air quality while simultaneously 

ensuring that economic growth will 

occur in a manner consistent with 

preservation of clean air resources. 

Under section 165(a)(3) of the CAA, a 

PSD permit applicant must demonstrate 

that emissions from the proposed 

construction and operation of a facility 

‘‘will not cause, or contribute to, air 

pollution in excess of any maximum 

allowable increase or allowable 

concentration for any pollutant.’’ In 

other words, when a source applies for 

a permit to emit a regulated pollutant in 

an area that is designated as attainment 

or unclassifiable for a NAAQS, the state 

and EPA must determine if emissions of 

the regulated pollutant from the source 

will cause significant deterioration in 

air quality. Significant deterioration 

occurs when the amount of the new 

pollution exceeds the applicable PSD 

increment, which is the ‘‘maximum 

allowable increase’’ of an air pollutant 

allowed to occur above the applicable 

baseline concentration 11 for that 

pollutant. Therefore, an increment is the 

mechanism used to estimate ‘‘significant 

deterioration’’ of air quality for a 

pollutant in an area. 

For purposes of calculating increment 

consumption, a baseline area for a 

particular pollutant includes the 

attainment or unclassifiable area in 

which the source is located as well as 

any other attainment or unclassifiable 

area in which the source’s emissions of 

that pollutant are projected (by air 

quality modeling) to result in an 

ambient pollutant increase of at least 1 

microgram per meter cubed (mg/m3) 

(annual average). See 40 CFR 

52.21(b)(15)(i). Under EPA’s existing 

regulations, the establishment of a 

baseline area for any PSD increment 

results from the submission of the first 

complete PSD permit application and is 

based on the location of the proposed 

source and its emissions impact on the 

area. Once the baseline area is 

established, subsequent PSD sources 

locating in that area need to consider 

that a portion of the available increment 

may have already been consumed by 

previous emissions increases. In 

general, the submittal date of the first 

complete PSD permit application in a 

particular area is the operative ‘‘minor 

source baseline date’’ after which new 

sources must evaluate increment 

consumption.12 On or before the date of 

the first complete PSD application, 

emissions generally are considered to be 

part of the baseline concentration, 

except for certain emissions from major 

stationary sources. Most emissions 

increases that occur after the minor 

source baseline date will be counted 

toward the amount of increment 

consumed. Similarly, emissions 

decreases after the applicable baseline 

date restore or expand the amount of 

increment that is available. See 75 FR 

64864. As described in the PM2.5 PSD 

Increments-SILs-SMC Rule, and 

pursuant to the authority under section 

166(a) of the CAA, EPA promulgated 

numerical increments for PM2.5 as a new 

pollutant 13 for which NAAQS were 

established after August 7, 1977,14 and 

derived 24-hour and annual PM2.5

increments for the three area 

classifications (Class I, II and III). See 75 

FR 64864 at 64869 and the ambient air 

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15Final Rule entitled ‘‘Prevention of Significant 

Deterioration for Particulate Matter Less Than 2.5 

Micrometers—Significant Impact Levels and 

Significant Monitoring Concentration: Removal of 

Vacated Elements.’’ 

16The CAA requires that each state adopt and 

submit a SIP for the implementation, maintenance, 

and enforcement of each NAAQS promulgated by 

EPA, which is commonly referred to as an 

‘‘infrastructure’’ SIP. Pursuant to section 110(a)(1) 

of the CAA, states are required to submit SIPs 

meeting the applicable requirements of section 

110(a)(2) within three years after promulgation of a 

new or revised NAAQS or within such shorter 

period as EPA may prescribe. On July 18, 1997, EPA 

promulgated the primary 1997 annual and 24-hour 

PM2.5 NAAQS as 15 mg/m3 and 65 mg/m3

respectively. See 62 FR 38652. On October 17, 2006, 

EPA strengthened the 24-hour PM2.5 NAAQS to 35 

mg/m3. See 71 FR 61144. On March 27, 2008, EPA 

revised the NAAQS for ozone based on an 8-hour 

average concentrations to 0.075 parts per million 

(ppm). See 73 FR 16436. 

17There are four separate PSD related 

rulemakings that states are required to adopt and 

have approved into their SIP in order to maintain 

a comprehensive SIP-approved PSD permitting 

program and comply with the PSD and enforcement 

requirements of 110(a)(2) Infrastructure 

requirements for sections 110(a)(2)(C), (D)(i)(II) and 

(J) of the CAA. These include: 1) ‘‘Final Rule To 

Implement the 8-Hour Ozone National Ambient Air 

Quality Standard—Phase 2 Rule; Final Rule’’ 

(which codified NOX as an ozone precursor for 

NSR) (70 FR 71612, November 29, 2005); 2) 

‘‘Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule; Final Rule’’ (75 FR 

31514, June 3, 2010); 3) the NSR PM2.5 Rule and; 

4) the PM2.5 PSD Increment-SILs-SMC Rule (only as 

it relates to PM2.5 Increments). See 77 FR 46352 

(August 3, 2012), 78 FR 3867 (January 17, 2013) and 

77 FR 72291 (December 5, 2012). Kentucky’s 

January 31, 2013 submission satisfies two of the 

four required PSD rulemakings mentioned above 

including the 2008 NSR PM2.5 Rule and the PM2.5

Increments-SILs-SMC Rule (only as it relates to the 

PSD increments). EPA approved the remaining PSD 

requirements for the Greenhouse Gas Tailoring Rule 

and the Phase 2 Rule on December 29, 2010 (75 FR 

81868) and on September 15, 2010 (75 FR 55988), 

respectively. 

18EPA also relied upon Kentucky’s July 3, 2012 

commitment to address the PSD-related 

requirements as the basis for conditionally 

approving the Commonwealth’s 1997 and 2006 

PM2.5 NAAQS infrastructure SIPs as they relate to 

section 110(a)(2)(D)(i)(II). See 78 FR 18241 (March 

26, 2013). EPA had already conditionally approved 

the Commonwealth’s infrastructure SIPs for the 

1997 and 2006 PM2.5 NAAQS for the PSD-related 

requirements related to sections 110(a)(2)(C) and (J) 

on October 3, 2012. See 77 FR 60307. 

19EPA has not taken action on the 

Commonwealth’s 2008 lead Infrastructure SIP 

submission but will consider the action in a 

separate rulemaking. 

increment table at 40 CFR 51.166(c)(1) 

and 52.21(c). 

In addition to PSD increments for the 

PM2.5 NAAQS, the PM2.5 PSD 

Increments-SILs-SMC Rule amended the 

definition at 40 CFR 51.166 and 52.21 

for ‘‘major source baseline date’’ and 

‘‘minor source baseline date’’ (including 

trigger dates) to establish the PM2.5

NAAQS specific dates associated with 

the implementation of PM2.5 PSD 

increments. See 75 FR 64864. In 

accordance with section 166(b) of the 

CAA, EPA required the states to submit 

revised implementation plans to EPA 

for approval (to adopt the PM2.5 PSD 

increments) within 21 months from 

promulgation of the final rule (by July 

20, 2012). Regardless of when a state 

submits its revised SIP, the emissions 

from major sources subject to PSD for 

PM2.5 for which construction 

commenced after October 20, 2010 

(major source baseline date), consume 

PM2.5 increment and should be included 

in the increment analyses occurring 

after the minor source baseline date is 

established for an area under the state’s 

revised PSD program. See 75 FR 64864. 

As discussed above, the 

Commonwealth’s January 31, 2013 SIP 

revision adopts the PM2.5 PSD 

increment permitting requirements, 

including the implementing regulations 

discussed above, promulgated in the 

PM2.5 PSD Increments-SILs-SMC Rule. 

2. SILs and SMC Litigation 

For background purposes, the SILs 

and SMC portions of the PM2.5 PSD 

Increment-SILs-SMC Rule, which EPA 

is not taking action on today, are 

numerical values that represent 

thresholds of insignificant modeled 

source impacts or monitored (ambient) 

concentrations, respectively. EPA 

established such values to be used as 

screening tools by a major source 

subject to PSD to determine the 

subsequent level of analysis and data 

gathering required for a PSD permit 

application for emissions of PM2.5. 

The Sierra Club challenged EPA’s 

authority to implement the PM2.5 SILs 

and SMC for PSD purposes as 

promulgated in the October 20, 2010 

PM2.5 PSD Increment-SILs-SMC Rule. 

See Sierra Club v. EPA, 705 F.3d 458. 

On January 22, 2013, D.C. Circuit 

granted a request from EPA to vacate 

and remand to the Agency the portions 

of the October 20, 2010 rule addressing 

the SILs for PM2.5 (found in paragraph 

(k)(2) in 40 CFR 51.166 and 52.21), 

except for the parts codifying the PM2.5

SILs in the NSR rule at 40 CFR 

51.165(b)(2), so that the EPA could 

voluntarily correct an error in the 

provisions. Id. at 463–66. The Court also 

vacated parts of the PM2.5 PSD 

Increment-SILs-SMC Rule establishing 

the PM2.5 SMC, finding that the Agency 

had exceeded its statutory authority 

with respect to these provisions. See id. 

at 469. On December 9, 2013, EPA 

issued a final rulemaking to remove the 

vacated and remanded PM2.5 SILs and 

the vacated PM2.5 SMC provisions from 

40 CFR 51.166 and 52.21.15 See 78 FR 

73698. 

The D.C. Circuit’s decision can be 

found in the docket for today’s 

rulemaking at http://

www.regulations.gov using docket ID: 

EPA–R04–OAR–2013–0486. 

The Commonwealth’s January 31, 

2013 SIP revision adopts both the PM2.5

SIL and SMC screening tools 

promulgated in EPA’s October 20, 2010, 

PM2.5 PSD Increment-SILs-SMC Rule. 

However, as a result of the vacatur of 

these provisions, EPA is not taking 

action at this time on any portions of 

KDAQ’s SIP submission regarding the 

PM2.5 SILs and SMC provisions as 

codified at 40 CFR 51.166 and 52.21. 

EPA will consider the Commonwealth’s 

January 31, 2013 submission regarding 

the PM2.5 SILs and SMC thresholds in 

an action separate from today’s 

rulemaking. 

III. EPA’s Conversion of Conditional 

Approvals for the Commonwealth’s 

Infrastructure SIP 

In addition to adopting required NSR 

permitting regulations for the 

implementation of the PM2.5 NAAQS, 

the Commonwealth’s January 31, 2013 

SIP revision also satisfies EPA’s 

conditional approval of the 

Commonwealth’s 1997 annual and 2006 

24-hour PM2.5, and 2008 8-hour ozone 

110(a)(2) infrastructure SIPs 16 with 

respect to the PSD-related 

requirements 17 of sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II) (prong 3) and 

110(a)(2)(J) of the CAA. Kentucky 

submitted multiple SIP submissions to 

EPA for approval to address the 

110(a)(2) infrastructure SIP 

requirements for the 1997 annual and 

2006 24-hour PM2.5 NAAQS (August 26, 

2008 and July 17, 2012, respectively), 

and the 2008 8-hour ozone NAAQS 

(July 7, 2012). 

On July 3, 2012, Kentucky submitted 

a letter requesting that EPA 

conditionally approve the 

Commonwealth’s infrastructure SIP 

submissions with respect to PSD-related 

requirements for sections 110(a)(2)(C) 

and 110(a)(2)(J) for the 1997 and 2006 

PM2.5 NAAQS.18 Additionally, the 

Commonwealth submitted another 

correspondence on December 19, 2012, 

requesting conditional approval for 

PSD-related requirements of sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II) and 

110(a)(2)(J) for the 2008 lead and 2008 

8-hour ozone NAAQS infrastructure 

submissions.19 Both letters documented 

the Commonwealth’s commitment to 

adopt and submit the PSD-related 

provisions needed to comply with 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 

(prong 3) and 110(a)(2)(J) all in 

accordance with section 110(k)(4) of the 

CAA to ensure a comprehensive PSD 

program. 

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20The Commonwealth’s 401 KAR Chapter 51:001 

codifies definitions that apply to sources applying 

for construction permits in both attainment/

unclassifiable and nonattainment areas. 

21EPA a deadline of December 31, 2014, for the 

states to submit any additional attainment related 

SIP elements that may be needed to meet the 

applicable requirements of subpart 4 for areas 

currently designated nonattainment for the 1997 

and/or 2006 PM2.5 NAAQS, and to submit SIPs 

addressing the NNSR requirements in subpart 4. 

EPA believes that this period provides a relatively 

brief but reasonable amount of time for states to 

ascertain whether and to what extent any additional 

submissions are needed for a particular 1997 or 

2006 PM2.5 NAAQS nonattainment area, and to 

develop, adopt and submit any such SIPs. 

EPA took action to approve in part 

and conditionally approve in part 

portions of the Commonwealth’s 

infrastructure SIP submissions for the 

1997 and 2006 PM2.5 NAAQS on 

October 3, 2012, March 7, 2013, and 

March 26, 2013. See 77 FR 60307, 78 FR 

14681, and 78 FR 18241, respectively. 

EPA’s conditional approval of the 

Commonwealth’s PSD requirements for 

the section 110(a)(2) infrastructure SIPs 

committed Kentucky to adopt and 

submit to EPA within one year of 

publication of the final conditional 

approvals the required NSR permitting 

regulations promulgated in the NSR 

PM2.5 Rule and the PM2.5 PSD 

increments established in the 2010 

PM2.5 PSD Increment-SILs-SMC Rule. 

As stated above, the submission of the 

applicable portions of these rules into 

the Kentucky SIP is necessary to comply 

with the PSD-related requirements of 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 

(prong 3) and 110(a)(2)(J) of the 

infrastructure SIP for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS, and 

the 2008 8-hour ozone NAAQS. 

The Commonwealth’s January 31, 

2013 SIP revision satisfies the 

conditions listed in EPA’s previous 

conditional approvals for the 

infrastructure submissions. Therefore, 

EPA is proposing action to convert its 

conditional approvals with respect to 

the PSD-related requirements of sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II) and 

110(a)(2)(J) for the 2008 8-hour ozone, 

and the 1997 annual and 2006 24-hour 

PM2.5 NAAQS to full approval. 

IV. What is EPA’s analysis of the 

Commonwealth’s SIP revision? 

The Commonwealth currently has a 

SIP-approved NSR program for new and 

modified stationary sources found at 

401 KAR Chapter 51. KDAQ’s PSD 

preconstruction regulations are found at 

401 KAR Chapters 51:001 20 and 51:017 

and apply to major stationary sources or 

modifications constructed in areas 

designated attainment or unclassifiable/ 

attainment as required under part C of 

title I of the CAA with respect to the 

NAAQS. The Commonwealth’s NNSR 

regulations are found at Chapter 51:052 

and apply to the construction and 

modification of any major stationary 

source of air pollution in or impacting 

upon a nonattainment area, as required 

by Part D of title I of the CAA. The 

Commonwealth’s January 31, 2013 SIP 

submission includes changes to Chapter 

51 that adopt into the State’s NSR 

permitting program provisions 

promulgated in the NSR PM2.5 Rule and 

the PSD increments established in the 

PM2.5 PSD Increment-SILs-SMC rule. 

These changes to the Commonwealth’s 

regulations became state effective on 

December 7, 2012. EPA is proposing to 

approve the changes to Chapter 51 into 

the Commonwealth’s SIP to be 

consistent with Federal NSR regulations 

(at 40 CFR 51.166) and the CAA. 

A. NSR PM2.5 Implementation Rule 

The Commonwealth’s January 31, 

2013 SIP revision establishes that the 

Commonwealth’s existing NSR 

permitting program requirements for 

PSD and NNSR apply to the PM2.5

NAAQS and certain precursors. 

Specifically, the SIP revision adopts the 

following NSR PM2.5 Rule PSD and 

NNSR provisions into the Kentucky SIP: 

(1) the requirement for PSD and NNSR 

permits to address directly emitted 

PM2.5 and precursor pollutants (sulfur 

dioxide (SO2) and nitrogen oxides (NOX) 

(as codified at 40 CFR 

51.165(a)(1)(xxxvii)(C) and 

51.166(b)(49)); (2) the significant 

emission rates for direct PM2.5 and 

precursor pollutants (SO2 and NOx) (as 

codified at 40 CFR 51.165(a)(1)(x)(A) 

and 51.166(b)(23)(i)); (3) the NNSR 

PM2.5 emission offsets (as codified at 

51.165(9)(i)) and (4) the PSD and NNSR 

requirement that condensable PM10 and 

PM2.5 emissions be accounted for in PSD 

applicability determinations and in 

establishing emissions limitations for 

permitting (as codified at 40 CFR 

51.165(a)(1)(xxxvii)(D) and 

51.166(b)(49)). For the reasons 

discussed below, the EPA is proposing 

to approve these revisions into the 

Commonwealth’s SIP. 

As discussed above in section II, the 

DC Circuit in Natural Resources Defense 

Council v. EPA issued a decision that 

remanded the EPA’s NSR PM2.5 Rule 

rule implementing the 1997 PM2.5

NAAQS. Relevant here, the NSR PM2.5

Rule promulgated NSR requirements for 

implementation of PM2.5 in both 

nonattainment areas and attainment/

unclassifiable areas. The court found 

that EPA erred in implementing the 

PM2.5 NAAQS in these rules solely 

pursuant to the general implementation 

provisions of subpart 1 of part D of title 

I of the Clean Air Act, rather than 

pursuant to the additional 

implementation provisions specific to 

particulate matter nonattainment areas 

in subpart 4. The Court ordered the EPA 

to ‘‘repromulgate these rules pursuant to 

Subpart 4 consistent with this opinion.’’ 

706 F.3d at 437. 

On June 2, 2014, the EPA issued a 

final rulemaking that begins to address 

the remand. See 79 FR 31566. Upon its 

effective date, the final rule classifies all 

existing PM2.5 nonattainment areas as 

‘‘Moderate’’ nonattainment areas and 

sets a deadline of December 31, 2014, 

for states to submit any SIP 

submissions, including NNSR SIPs, that 

may be necessary to satisfy the 

requirements of subpart 4, part D, title 

I of the CAA with respect to PM2.5

nonattainment areas.21

In a separate rulemaking process 

which will follow the June 2014 rule, 

EPA is evaluating the requirements of 

subpart 4 as they pertain to NNSR for 

PM2.5 emissions. In particular, subpart 4 

includes section 189(e) of the CAA, 

which requires the control of major 

stationary sources of PM10 precursors 

‘‘except where the Administrator 

determines that such sources do not 

contribute significantly to PM10 levels 

which exceed the standard in the area.’’ 

Under the court’s decision in NRDC, 

section 189(e) of the CAA also applies 

to PM2.5. 

Kentucky’s submission of revisions to 

its NNSR regulations at Chapters 51:001 

and 51:052 identify SO2 as a PM2.5

precursor and NOX as a presumed PM2.5

precursor while volatile organic 

compounds (VOCs) and ammonia are 

presumed not to be PM2.5 precursors for 

a PM2.5 NAA in the Commonwealth. 

These revisions, although consistent 

with the 2008 NSR PM2.5 Rule as 

developed consistent with subpart 1 of 

the Act, may not contain the elements 

necessary to satisfy the CAA 

requirements when evaluated under the 

subpart 4 statutory requirements. In 

particular, Kentucky’s submission does 

not include the regulation of VOCs and 

ammonia as PM2.5 precursors, nor does 

it include a demonstration consistent 

with section 189(e) showing that major 

sources of those precursor pollutants 

would not contribute significantly to 

PM2.5 levels exceeding the standard in 

the area. For these reasons, EPA cannot 

conclude at this time that this part of 

Kentucky’s NNSR submission of 

revisions to Chapters 51:001 and 51:052 

satisfies all of the requirements of 

subpart 4 as they pertain to PM2.5 NNSR 

permitting. 

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Although the revisions to Kentucky’s 

NNSR regulations at Chapters 51:001 

and 51:052 may not contain all of the 

necessary elements to satisfy the CAA 

requirements when evaluated under the 

subpart 4 provisions, the revisions 

themselves represent a strengthening of 

the currently-approved Kentucky NNSR 

SIP which does not address PM2.5 at all. 

As a result of the June 2, 2014 final rule, 

Kentucky would have until December 

31, 2014, to make any additional 

submission necessary to address the 

requirements of subpart 4, including 

addressing the PM2.5 precursors of VOC 

and ammonia for NNSR permitting 

purposes. EPA is approving the NNSR 

revisions to Kentucky’s NNSR 

permitting program without listing the 

absence of either the regulation or 

evaluation of VOCs and ammonia as 

PM2.5 precursors as a deficiency at this 

time. 

Finally, as subpart 4 includes 

requirements only pertinent to NAA, 

EPA does not consider the portions of 

the 2008 rule that address requirements 

for PM2.5 attainment and unclassifiable 

areas to be affected by the court’s 

opinion in NRDC v. EPA. Moreover, 

EPA does not anticipate the need to 

revise any PSD requirements 

promulgated in the NSR PM2.5 Rule in 

order to comply with the court’s 

decision. Accordingly, EPA’s approval 

of Kentucky’s PSD SIP and 

infrastructure SIP Elements (C), 

(D)(i)(II), or (J) with respect to the PSD 

requirements promulgated by the NSR 

PM2.5 Rule is not inconsistent with the 

court’s opinion. 

B. PM2.5 PSD Increment-SILs-SMC Rule 

Provisions 

The Commonwealth’s January 31, 

2013 SIP revision adopts into the 

Kentucky SIP at Chapter 51 the 

following PSD provisions promulgated 

in the PM2.5 PSD Increment-SILs-SMC 

Rule: (1) PSD increments for PM2.5

annual and 24-hour NAAQS pursuant to 

section 166(a) of the CAA; (2) PM2.5 SILs 

to be used as a screening tool to evaluate 

the impact a proposed major source or 

modification may have on the NAAQS 

or PSD increment; and (3) PM2.5 SMC, 

also used as a screening tool, to 

determine the level of data gathering 

required of a major source in support of 

its PSD permit application for PM2.5

emissions. 

Regarding the PM2.5 increments, the 

SIP revision changes include: 1) the 

PM2.5 increments as promulgated at 40 

CFR 51.166(c)(1) and (p)(4) (for Class I 

Variances); and 2) amendments to the 

terms ‘‘major source baseline date’’ (at 

40 CFR 51.166(b)(14)(i)(c)), ‘‘minor 

source baseline date’’ (including 

establishment of the ‘‘trigger date’’) (at 

section 51.166(b)(14)(ii)) and ‘‘baseline 

area’’ (as amended at 51.166(b)(15)(i)). 

These changes provide for the 

implementation of the PM2.5 PSD 

increments for the PM2.5 NAAQS in the 

state’s PSD program. In today’s action, 

EPA is proposing to approve the 

Commonwealth’s January 31, 2013 SIP 

revision to address the PM2.5 PSD 

increment provisions promulgated in 

the PM2.5 PSD Increments-SILs-SMC 

Rule. As discussed above, EPA is not 

taking action to approve into the 

Commonwealth’s SIP the PM2.5 SILs and 

SMC as established in the PM2.5 PSDIncrement-SILs-SMC Rule due to the DC 

Circuit’s January 22, 2013 decision to 

vacate and remand to EPA the SILs and 

vacate the SMCs. See Sierra Club v. 

EPA, 705 F.3d 458. 

EPA has made the preliminary 

determination to approve the 

aforementioned PSD permitting 

provisions promulgated in the PM2.5

PSD Increment-SILs-SMC Rule into the 

Kentucky SIP to implement the NSR 

program for the PM2.5 NAAQS. 

C. Conversion of Conditional Approvals 

for the Commonwealth’s Infrastructure 

SIP 

As discussed above in section III, 

Kentucky’s January 31, 2013 SIP 

revision also satisfies the conditions 

listed in EPA’s previous conditional 

approvals for the Commonwealth’s 2008 

8-hour ozone, and 1997 annual and 

2006 24-hour PM2.5 NAAQS 

infrastructure SIP submissions. 

Therefore, EPA is proposing action to 

convert its conditional approvals with 

respect to the PSD-related requirements 

of sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II) and 110(a)(2)(J) to full 

approvals. Given that the 

Commonwealth’s January 31, 2013 SIP 

revision fulfills the conditional approval 

requirements for conversion to a full 

approval, the conditional approval 

language at section 52.919(a)–(c) of 40 

CFR part 52, included in EPA’s final 

conditional approvals published on 

October 3, 2012 (77 FR 60307), March 

7, 2013 (78 FR 14681) and March 26, 

2013 (78 FR 18241) are no longer 

necessary. Thus, EPA is also proposing 

to remove the conditional approval 

language at 40 CR 52.919, contingent 

upon EPA’s full approval of the 

Commonwealth’s January 31, 2013 SIP 

revision, to reflect that the infrastructure 

SIPs for the Commonwealth’s 2008 8- 

hour ozone, and 1997 annual and 2006 

24-hour PM2.5 NAAQS have been fully 

approved. 

V. Proposed Action 

EPA is proposing to approve portions 

of the Commonwealth’s January 31, 

2013 SIP revision adopting Federal 

regulations amended in the May 16, 

2008 NSR PM2.5 Rule and the October 

20, 2010 PM2.5 PSD Increment-SILsSMC rule with the exception of the 

PM2.5 SILs and SMCs provisions. Final 

approval of the Commonwealth’s 

January 31, 2013 SIP would also satisfy 

the requirements upon which EPA 

conditionally approved several 

Kentucky infrastructure requirements 

related to the 1997 and 2006 PM2.5 and 

the 2008 8-hour Ozone NAAQS. As 

such, EPA is also proposing today, 

contingent upon full approval of the 

Commonwealth’s January 31, 2013 SIP 

revision, to convert EPA’s previous 

conditional approval of the 

Commonwealth’s infrastructure 

requirements related to PSD 

requirements for the PM2.5 and ozone 

NAAQS to a full approval. EPA has 

made the preliminary determination 

that the Commonwealth’s January 31, 

2013 SIP revision, with regard to 

aforementioned proposed actions, are 

approvable because they are consistent 

with section 110 of the CAA and EPA 

regulations. 

VI. 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 

Commonwealth 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); 

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42752 Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 

• 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 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: July 14, 2014. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2014–17323 Filed 7–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0495; FRL–9914–16– 

Region 9] 

Revision of Air Quality Implementation 

Plan; Nevada; Clark County; Stationary 

Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to fully 

approve permitting related rules 

submitted by Nevada as a revision to the 

Clark County Department of Air Quality 

(Clark or DEQ) portion of the state 

implementation plan (SIP) for the State 

of Nevada. These rules were adopted by 

DEQ to regulate the construction and 

modification of stationary sources of air 

pollution within Clark County. EPA is 

proposing to approve this SIP revision 

based on the Agency’s conclusion that 

the rules are consistent with applicable 

Clean Air Act (CAA or Act) 

requirements, policies and guidance. 

Final approval of these rules would 

make the rules federally enforceable and 

correct program deficiencies identified 

in a previous EPA rulemaking. 

DATES: Written comments must be 

received on or before August 22, 2014. 

ADDRESSES: Submit comments, 

identified by Docket ID Number EPA– 

R09–OAR–2014–0495, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (AIR– 

3), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901. 

Deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or email. 

Regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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. 

Docket: EPA has established a docket 

for this action under EPA–R09–OAR– 

2014–0495. Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, by 

phone: (415) 972–3534 or by email at 

yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittals 

A. Which rules did the State submit? 

B. What are the existing Clark County rules 

governing stationary source permits in 

the Nevada SIP? 

C. What is the purpose of this proposed 

rule? 

II. EPA’s Evaluation 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

III. Public Comment and Proposed Action 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittals 

A. Which rules did the State submit? 

On April 1, 2014, the Nevada 

Department of Environmental Protection 

(NDEP), on behalf of Clark County 

Department of Air Quality (Clark), 

submitted amended regulations and a 

request to remove several outdated 

regulations, to EPA for approval as 

revisions to the Clark County portion of 

the Nevada SIP under the CAA. These 

New Source Review (NSR) SIP revision 

submittals, referred to herein as the 

‘‘NSR SIP submittal’’ or ‘‘submitted NSR 

rules,’’ are intended to satisfy 

previously identified deficiencies to the 

requirements under both part C 

(prevention of significant deterioration) 

(PSD) and part D (nonattainment new 

source review) of title I of the Act as 

well as the general preconstruction 

review requirements for minor sources 

under section 110(a)(2)(C) of the Act. 

Please see our previous proposed and 

final rulemakings for a more detailed 

description of these rules and the 

permitting program in Clark County, 

Nevada. 77 FR 43206 (July 24, 2012); 77 

FR 64039 (October 18, 2012). 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted by Clark and submitted to 

EPA by NDEP, which is the governor’s 

designee for Nevada SIP submittals. 

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