EPA has proposed to approve portions of a Kentucky SIP submission from the Kentucky Division for Air Quality (KDAQ) related to the 2010 one-hour nitrogen dioxide (NO2) NAAQS. 81 Fed. Reg 41488 (June 27, 2016). The CAA requires each state to adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS, called an “infrastructure” SIP, which is distinct from a SIP intended to address other SIP requirements under the CAA. EPA’s proposed approval of the Kentucky infrastructure SIP is based on compliance with the requirements of CAA §110(a)(1) and §110(a)(2). EPA had previously approved several of the infrastructure SIP provisions and will consider Kentucky’s provisions related to regulation of minor sources and minor modifications in separate action.

EPA specifically stated that it was not proposing to approve or disapprove any existing provision related to excess emissions during SSM events or address any existing Kentucky rules with regard to director’s discretion or variance provisions. Those provisions are being addressed in the SSM SIP calls finalized by EPA on June 12, 2015 and discussed above "Kentucky Startup/Shutdown/Malfunction Update".

The comment period for this proposed rule ended July 27, 2016. The federal website at www.regulations.gov indicates no comments were received.