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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 303038960.
The telephone number is 404 562
9144. Ms. Larocca can also be reached via electronic mail at larocca.sara@
epa.gov.

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR04OAR20200370; FRL10019
18Region 4

Air Plan Approval; KY; Updates to Attainment Status Designations
SUPPLEMENTARY INFORMATION:

Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

I. Background
The Environmental Protection Agency EPA is taking final action to approve a State Implementation Plan SIP revision submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality KDAQ, on December 9, 2019. The SIP
revision updates the description and attainment status designations of geographic areas within the Commonwealth for several National Ambient Air Quality Standards NAAQS or standards. The updates are being made to conform Kentuckys attainment status tables with the federal attainment status designations for these areas. EPA is approving Kentuckys SIP
revision because it is consistent with the Clean Air Act CAA or Act and EPAs regulations.
DATES: This rule is effective March 31, 2021.
ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPAR04OAR
20200370. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not 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 can either be retrieved electronically via 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 303038960. 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 Offices official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sarah Larocca, Air Regulatory SUMMARY:

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Sections 108 and 109 of the CAA
require EPA to set NAAQS for criteria air pollutants ozone O3, particulate matter PM, carbon monoxide, lead, sulfur dioxide SO2, and nitrogen dioxide and to undertake periodic review of these standards. After EPA
sets a new NAAQS or revises an existing standard, the CAA requires EPA to determine if areas of the country meet the new standards and to designate areas as either nonattainment, attainment, or unclassifiable.1 Such designations inform the states planning and implementation of requirements to achieve and maintain the NAAQS for each area within that state.
Section 107d of the CAA governs the process for these initial area designations. Under this process, states and tribes submit recommendations to EPA as to whether or not an area is attaining the NAAQS for criteria air pollutants. EPA then considers these recommendations as part of its obligation to promulgate the area designations for the new or revised NAAQS. EPA codifies its designations for areas within each state in 40 CFR
part 81.2 Under section 107d of the CAA, a designation for an area remains in effect until redesignated by EPA.
In a notice of proposed rulemaking NPRM published on October 19, 2020
85 FR 66295, EPA proposed to approve changes to Kentucky rule 401 Kentucky Administrative Regulation KAR
51:010, Attainment status designations, which update the description and attainment or nonattainment status of geographic areas within the Commonwealth with regard to a number of the NAAQS. The Commonwealth of Kentucky last amended Regulation 401
1 An
area is designated nonattainment if it is found to be an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the NAAQS; an area is designated attainment if it is an area that meets the NAAQS and does not contribute to an area violating the NAAQS; and an area is designated unclassifiable if it cannot be classified on the basis of available information as meeting or not meeting the NAAQS. See CAA section 107d1A.
2 EPAs attainment status designations for Kentucky are found at 40 CFR 81.318.

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KAR 51:010 in 2016.3 Since that time, EPA promulgated the 2015 8-hour ozone NAAQS and redesignated several areas within the Commonwealth. Kentucky amended 401 KAR 51:010 in 2019 by updating the attainment status designations in Sections 7 through 9 for O3, PM less than 2.5 microns in diameter PM2.5, and SO2 to conform with EPAs attainment status designations in 40 CFR 81.318.
Regulation 401 KAR 51:010 has also been amended by making one minor textual modification to the NECESSITY, FUNCTION, AND CONFORMITY
section. The details of Kentuckys submission and the rationale for EPAs action are explained in the proposed rulemaking. Comments on the October 19, 2020, NPRM were due on or before November 18, 2020. EPA did not receive any comments on the October 19, 2020, NPRM. EPA is now taking final action to approve the above-referenced changes.
II. Incorporation by Reference In this notice, EPA is finalizing EPA
rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Kentucky regulation 401
KAR 51:010, Attainment status designations, state effective November 19, 2019, which was revised to be consistent with the federal attainment status designations for the areas within the Commonwealth. 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 SIP, 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 EPAs approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.4
III. Final Action EPA is taking final action to approve portions of the Commonwealth of Kentuckys SIP revision submitted on December 9, 2019, because the changes are consistent with the CAA and EPA
regulations. The submission amends 3 EPA approved those amendments into the SIP
in 2018. See 83 FR 65088 December 19, 2018.
4 See 62 FR 27968 May 22, 1997.

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