[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Proposed Rules]
[Pages 32671-32673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14944]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0361; FRL-9964-93-Region 4]
Air Plan Approval; KY; Revisions to Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On September 9, 2016, the Commonwealth of Kentucky, through
the Kentucky Division for Air Quality (KDAQ), submitted a revision to
the Kentucky State Implementation Plan (SIP). The Environmental
Protection Agency (EPA) is proposing to approve changes to the
Commonwealth's air quality standards for carbon monoxide (CO), lead
(Pb), nitrogen dioxide (NO2), ozone, particulate matter
(both PM10 and PM2.5), and sulfur dioxide
(SO2) to reflect the historical and current National Ambient
Air Quality Standards (NAAQS). EPA is proposing to approve this SIP
revision because the Commonwealth has demonstrated that these change
are consistent with the Clean Air Act (CAA or Act). KDAQ's submission
also includes additional air quality standards for hydrogen sulfide,
fluorides, and odor; however, EPA is not proposing to approve these
state standards into the SIP.
DATES: Written comments must be received on or before August 16, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0361 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, 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. Ms. Sanchez can be reached via telephone at (404) 562-9644
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the NAAQS to protect public health and
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards
themselves. EPA's regulatory provisions that govern the NAAQS are found
at 40 CFR 50--National Primary and Secondary Ambient Air Quality
Standards. In this rulemaking, EPA is proposing to approve changes in
Kentucky's September 9, 2016, submission amending the Commonwealth's
regulations for ambient air quality standards to reflect the historical
and current NAAQS, which are found at 401 KAR 53:010. The revision also
includes textual changes to language in the regulation to provide
regulatory clarity, as well as updating and reformatting the Appendix A
table of ambient air quality standards and Appendix A footnotes. The
SIP submittal amending Kentucky's regulations can be found in the
docket for this rulemaking at www.regulations.gov and is summarized
below.
II. EPA's Analysis of Kentucky's SIP Revisions
The September 9, 2016, SIP submission revises Kentucky regulation
401 KAR 53:010 by updating the Commonwealth's ambient air quality
standards to reflect the historical and current NAAQS for CO, Pb,
NO2, ozone, PM10, PM2.5, and
SO2; modifying language in the regulation to provide
regulatory clarity; and updating and reformatting the Appendix A
ambient air quality standards table and Appendix A footnotes. The
updates to the air quality standards are discussed in further detail
below.
a. CO
On September 13, 1985, EPA revoked the 1-hour and 8-hour secondary
NAAQS for CO. See 50 FR 37484. Accordingly, in the September 9, 2016,
SIP submission, Kentucky revised regulation 401 KAR 53:010 to update
its air quality standards for CO to be consistent with the NAAQS
promulgated by EPA in 1985.
b. Pb
On November 12, 2008, EPA promulgated a new 1-hour primary and
secondary NAAQS for Pb at a level of 0.15 micrograms per cubic meter
([mu]g/m\3\), based on a rolling 3-month average. See 73 FR 66964.
Accordingly, in the September 9, 2016, SIP submission, Kentucky revised
regulation 401 KAR 53:010 to update its air quality standards for Pb to
be consistent with the NAAQS promulgated by EPA in 2008.
c. NO2
On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the
September 9,
[[Page 32672]]
2016, SIP submission, Kentucky revised regulation 401 KAR 53:010 to
update its air quality standards for NO2 to be consistent
with the NAAQS promulgated by EPA in 2010.
d. Ozone
On July 18, 1997, EPA revoked the 1-hour primary and secondary
NAAQS for ozone.\1\ To replace the 1-hour primary and secondary NAAQS
for ozone, EPA promulgated a new primary and secondary 8-hour NAAQS for
ozone at a level of 0.08 parts per million (ppm), based on an annual
fourth-highest maximum 8-hour concentration averaged over three years.
See 62 FR 38856. On March 27, 2008, EPA promulgated a new 8-hour
primary and secondary NAAQS for ozone at a level of 0.075 ppm, based on
an annual fourth-highest maximum 8-hour concentration averaged over
three years. See 73 FR 16483. On October 26, 2015, EPA promulgated a
new primary and secondary NAAQS for ozone at a level of 0.070 ppm,
based on an annual fourth-highest maximum 8-hour concentration averaged
over three years. See 80 FR 65292. At that same time, EPA revoked the
1997 8-hour primary and secondary NAAQS for ozone.\2\ Accordingly, in
the September 9, 2016, SIP submission, Kentucky revised regulation 401
KAR 53:010 to update its air quality standards for ozone to be
consistent with the NAAQS promulgated by EPA in 1997, 2008, and 2015.
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\1\ EPA revoked the 1-hour ozone standard in all areas in 2005.
However, some areas have continuing obligations under the standard.
\2\ EPA revoked the 1997 8-hour ozone standard in 2015. However,
some areas have continuing obligations under the standard.
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e. Particulate Matter (PM10 and PM2.5)
On July 18, 1997, EPA promulgated a new 24-hour primary and
secondary NAAQS for PM2.5 at a level of 65 [mu]g/m\3\, based
on the 98th percentile of 24-hour PM2.5 concentrations
averaged over three years. EPA also promulgated a new annual primary
and secondary NAAQS for PM2.5 at a level of 15.0 [mu]g/m\3\,
based on the annual arithmetic mean averaged over three years. See 62
FR 38652. On October 17 2006, EPA revised the 24-hour primary and
secondary PM2.5 NAAQS to 35 [mu]g/m\3\, based on the 98th
percentile of 24-hour PM2.5 concentrations averaged over
three years. At that same time, EPA revoked the annual PM10
NAAQS. See 71 FR 61144. On December 14, 2012, EPA revised the primary
annual NAAQS for PM2.5 at a level of 12 [mu]g/m\3\, based on
the annual arithmetic mean averaged over three years. See 78 FR 3085;
January 15, 2013. Accordingly, in the September 9, 2016, SIP
submission, Kentucky revised regulation 401 KAR 53:010 to update its
air quality standards for PM10 and PM2.5 to be
consistent with the NAAQS promulgated by EPA in 1997, 2006, and 2012.
f. SO2
On June 22, 2010, EPA promulgated a revised primary SO2
NAAQS to an hourly standard of 75 ppb, based on a 3-year average of the
annual 99th percentile of 1-hour daily maximum concentration. At that
same time, EPA revoked the 24-hour SO2 NAAQS.\3\ See 75 FR
35520. Accordingly, in the September 9, 2016, SIP submission, Kentucky
revised regulation 401 KAR 53:010 to update its air quality standards
for SO2 to be consistent with the NAAQS promulgated by EPA
in 2010.
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\3\ The 1971 sulfur dioxide standards remain in effect until one
(1) year after an area is designated for the 2010 standard, except
that in areas designated nonattainment for the 1971 standards, the
1971 standards remain in effect until implementation plans to attain
or maintain the 2010 standards are approved, in accordance with 40
CFR part 52, subpart S.
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III. 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 regulation 401 KAR 53:010--Ambient air quality
standards, effective July 19, 2016. EPA has made, and will continue to
make, these documents generally available through www.regulations.gov
and/or at the EPA Region 4 Office (please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section of this preamble for
more information).
IV. Proposed Action
EPA is proposing to approve the Commonwealth of Kentucky September
9, 2016, SIP revision identified in section II above, because these
changes are consistent with 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. 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 proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
[[Page 32673]]
Authority: 42 U.S.C. 7401 et seq.
Dated: June 29, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-14944 Filed 7-14-17; 8:45 am]
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