[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13177-13179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04831]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0446; FRL-9398-02-R4]


Air Plan Approval; KY; Jefferson County Emissions Statements 
Requirements for the 2015 8-Hour Ozone Standard Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision to the Jefferson 
County portion of the Kentucky SIP submitted by the Commonwealth of 
Kentucky through the Kentucky Division for Air Quality (KDAQ) to EPA on 
August 12, 2020. The SIP revision was submitted by KDAQ on behalf of 
the Louisville Metro Air Pollution Control District (LMAPCD) to address 
the emissions statement requirements for the 2015 8-hour ozone national 
ambient air quality standards (NAAQS) for the Jefferson County portion 
of the Louisville, Kentucky 2015 8-hour ozone nonattainment area 
(hereinafter referred to as ``Jefferson County''). Jefferson County is 
part of the Kentucky portion of the Louisville, Kentucky-Indiana 2015 
8-hour ozone

[[Page 13178]]

nonattainment area (hereinafter referred to as ``the Louisville, KY 
Area'') which is comprised of Bullitt, Jefferson, and Oldham Counties 
in Kentucky. EPA will consider the emissions statement requirements for 
the Bullitt and Oldham portions of the Louisville, KY Area in a 
separate action. This action is being taken pursuant to the Clean Air 
Act (CAA or Act).

DATES: This rule is effective April 8, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0446. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information 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 through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that, if 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: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9088. Ms. Bell can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#ff9d9a9393d18b969a8d9a9186bf9a8f9ed1989089"><span class="__cf_email__" data-cfemail="ec8e898080c29885899e898295ac899c8dc28b839a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS, 
lowering the level of the NAAQS from 0.075 parts per million (ppm) to 
0.070ppm. See 80 FR 65292 (October 26, 2015).\1\ On April 30, 2018 
(effective August 3, 2018), EPA designated a 5-county area in the 
Louisville metropolitan area, including Jefferson County, as a marginal 
ozone nonattainment area for the 2015 8-hour ozone NAAQS using 2014-
2016 ambient air quality data.\2\ See 83 FR 25776 (June 4, 2018).
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    \1\ The 2015 Ozone NAAQS was promulgated on October 1, 2015, 
published on October 26, 2015, and effective December 28, 2015.
    \2\ The Louisville, KY-IN nonattainment area for the 2015 8-hour 
ozone standard consists of the following counties: Bullitt County, 
Jefferson County and Oldham County in Kentucky and Clark County and 
Floyd County in Indiana.
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    Based on the nonattainment designation, Kentucky was required to 
develop a SIP revision satisfying, among other things, CAA section 
182(a)(3)(B). On August 12, 2020,\3\ the Commonwealth of Kentucky, 
through KDAQ on behalf of the LMAPCD submitted a SIP revision 
addressing the emissions statement requirements related to the 2015 8-
hour ozone NAAQS for Jefferson County.
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    \3\ LMAPCD's transmittal letter for the August 12, 2020, SIP 
revision was dated August 11, 2020, and submitted to EPA on August 
12, 2020.
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    EPA is approving the SIP revision as meeting the emissions 
statement requirement of section 182(a)(3)(B) of the CAA, and meeting 
EPA's SIP Requirements Rule.\4\ More information on EPA's analysis of 
LMAPCD's August 12, 2020, SIP revision, and how this addresses the 
above-mentioned requirements, is provided in EPA's notice of proposed 
rulemaking (NPRM) published on January 13, 2022. See 87 FR 2101. EPA 
received no public comments on the January 13, 2022, NPRM.
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    \4\ On December 6, 2018, EPA finalized a rule titled 
``Implementation of the 2015 National Ambient Air Quality Standards 
for Ozone: Nonattainment Area State Implementation Plan 
Requirements'' (SIP Requirements Rule) that establishes the 
requirements that state, tribal, and local air quality management 
agencies must meet as they develop implementation plans for areas 
where air quality exceeds the 2015 8-hour ozone NAAQS. See 83 FR 
62998.
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II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of LMAPCD 
Regulation 1.06, Stationary Source Self-Monitoring, Emissions Inventory 
Development, and Reporting, Version 10, with the exception of Section 5 
and references to Section 5, effective on May 20, 2020. EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the State implementation plan, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\5\
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    \5\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the changes described in the NPRM, see 87 FR 2101 
(January 13, 2022), which Kentucky submitted in its August 12, 2020, 
SIP revision to address the emissions statements requirements for the 
2015 8-hour Ozone NAAQS for the Jefferson County Area. EPA has 
determined that the Jefferson County Area emissions statements 
requirements SIP meets the requirements for the 2015 ozone NAAQS for 
the Jefferson County Area.

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 they meet the criteria of the CAA. This 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 action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);

[[Page 13179]]

    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 9, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: February 28, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart (S)--Kentucky

0
2. In Sec.  52.920, in paragraph (c), amend table 2 by revising the 
entry for Regulation ``1.06'' to read as follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                         EPA approval     Federal Register      District
       Reg            Title/subject          date              notice        effective date      Explanation
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                                                  * * * * * * *
1.06.............  Stationary Source          3/9/2022  [Insert citation of       5/20/2020  Except for Section
                    Self-Monitoring,                     publication].                        5 and any
                    Emissions                                                                 references to
                    Inventory                                                                 Section 5 in this
                    Development, and                                                          regulation.
                    Reporting.
 
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[FR Doc. 2022-04831 Filed 3-8-22; 8:45 am]
BILLING CODE 6560-50-P


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