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[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Proposed Rules]
[Pages 48051-48053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19723]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0384; FRL-9932-22-Region 4]

Approval and Promulgation of Implementation Plans; Kentucky: New 
Sources in or Impacting Nonattainment Areas

AGENCY: Environmental Protection Agency

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the Commonwealth of Kentucky's September 23, 2011, State 
Implementation Plan (SIP) revision, submitted through the Kentucky 
Division for Air Quality (KY DAQ), which modifies the SIP by making 
changes to Kentucky regulation, ``Review of new sources in or impacting 
upon nonattainment areas.'' EPA has preliminarily determined that 
Kentucky's requested SIP revision meets the applicable provisions of 
the Clean Air Act (CAA or Act) and EPA regulations regarding 
Nonattainment New Source Review (NNSR) permitting.

DATES: Written comments must be received on or before September 10, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2015-0384 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-ARMS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0384'', Air Regulatory Management 
Section, Air Planning and Implementation 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, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such

[[Page 48052]]

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-
2015-0384. 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 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 may not be 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 Air Regulatory Management 
Section, Air Planning and Implementation 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: Zuri Farngalo of the Air Regulatory 
Management Section, in the Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Farngalo may be reached by phone at (404) 562-9152 or 
via electronic mail at farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 23, 2011, KY DAQ submitted a SIP revision to EPA for 
approval that makes several changes to Kentucky's regulations at 401 
Kentucky Administrative Regulations (KAR) 51:052, Review of new sources 
in or impacting nonattainment areas. These regulations establish air 
quality permitting requirements for the construction or modification of 
major stationary sources located within, or impacting upon, areas 
designated nonattainment for any primary national ambient air quality 
standard. To ensure improvement of air quality in those areas, the 
emissions resulting from construction or modification of a major 
stationary source must be offset with compensating emission reductions.
    Kentucky's requested SIP revision would revise 401 KAR 51:052 by: 
(1) Changing Section 5, paragraph (6)(b) to authorize new or modified 
sources to offset their emission increases with emission reductions 
achieved by shutting down an existing unit or curtailing production or 
operating hours prior to the new source application date (if specified 
conditions are met), (2) adding new and more comprehensive language to 
Section 5, paragraph (6)(b) describing how to calculate offsetting 
emission reductions obtained from a source shutdown or curtailment (3) 
amending Section 4, paragraph (3)(a) to establish an offset ratio of at 
least 1:1 for pollutants other than volatile organic compounds (VOCs) 
and nitrogen oxides (NOx), and (4) making changes to the introductory 
paragraph to 401 KAR 51:052 and Section 5, paragraph (3)(e) that update 
and clarify these provisions.

II. Analysis of Kentucky's Submittal

    EPA has reviewed Kentucky's requested changes to 401 KAR 51:052, 
Review of new sources in or impacting nonattainment areas, and 
preliminarily concluded that these changes are consistent with the 
applicable CAA provisions and EPA's NNSR permitting regulations at 40 
CFR 51.165. Specifically, the changes to Section 5, paragraph (6)(b) of 
401 KAR 51:052 authorizing new or modified sources to offset emission 
increases with emission reductions generated by source shutdowns or 
curtailments occurring before the filing of a permit application for a 
new project are consistent with 40 CFR 51.165(a)(3)(ii)(C)(1). 
Likewise, the new regulatory language in Section 5, paragraph (6)(b) of 
401 KAR 51:052 describing how to calculate emission offsets generated 
from source shutdowns or permanent curtailments also is consistent with 
40 CFR 51.165(a)(3)(ii)(C)(1). The change to Section 4, paragraph 
(3)(a) of 401 KAR 51:052 specifying that increases in emissions shall 
be offset by reductions in emissions using a ratio of emission 
decreases to emission increases of at least 1:1 is required by 40 CFR 
51.165(a)(9)(i). Finally, the changes to the introductory paragraph to 
401 KAR 51:052 and Section 5 paragraph (3)(e) simply update and clarify 
these provisions and do not affect the consistency of these provisions 
with federal law. EPA has preliminarily determined that these changes 
are approvable pursuant to CAA section 110 and EPA's NNSR permitting 
regulations at 40 CFR 51.165.

II. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Kentucky Rule 401 KAR 51:052, Review of new sources in or 
impacting nonattainment areas. EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

III. Proposed Action

    EPA is proposing to approve the Commonwealth of Kentucky's 
September 23, 2011, SIP revision. EPA has preliminarily determined that 
the changes to Kentucky's Rule 401 KAR 51:052, Review of new sources in 
or impacting nonattainment areas, are approvable because they are 
consistent with CAA section 110 and EPA's

[[Page 48053]]

regulations regarding NNSR permitting at 40 CFR 51.165.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011)
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-19723 Filed 8-10-15; 8:45 am]
 BILLING CODE 6560-50-P
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