[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19649-19650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07126]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0362; FRL-9502-02-R4]


Air Plan Approval; Kentucky; 2015 8-Hour Ozone Nonattainment New 
Source Review Permit Program Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Kentucky State Implementation Plan (SIP) submitted by 
the Commonwealth of Kentucky, through the Kentucky Energy and 
Environment Cabinet, on October 15, 2020. EPA is approving Kentucky's 
certification that existing Nonattainment New Source Review (NNSR) 
permitting regulations meet the nonattainment planning requirements for 
the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) 
for Bullitt and Oldham Counties in the Louisville, KY-IN 2015 8-hour 
ozone Marginal nonattainment area and portions of Boone, Kenton, and 
Campbell Counties in the Cincinnati, OH-KY Marginal nonattainment area. 
This action is being approved pursuant to the Clean Air Act (CAA or 
Act) and its implementing regulations.

DATES: This rule is effective May 5, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0362. 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 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: Pearlene Williams-Miles, 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, GA 30303-8960. The telephone 
number is (404) 562-9144. Ms. Williams-Miles can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 6, 2018, EPA issued a final rule entitled 
``Implementation of the 2015 National Ambient Air Quality Standards for 
ozone: State Implementation Plan Requirements'' (SIP Requirements 
Rule), which 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; 40 CFR part 51, subpart CC.
    Based on the nonattainment designation for the 2015 8-hour ozone 
NAAQS, Kentucky was required to develop a SIP revision addressing the 
requirements of CAA sections 172(c)(5) and 173 for Kentucky's 2015 8-
hour ozone Marginal nonattainment areas. See 42 U.S.C. 7502(c). Section 
172(c)(5) of the CAA requires each state with a nonattainment area to 
submit a SIP revision requiring NNSR permits in the nonattainment area 
in accordance with the permitting requirements of CAA section 173. The 
minimum SIP requirements for NNSR permitting for the 2015 8-hour ozone 
NAAQS are located in 40 CFR 51.165. See 40 CFR 51.1314.
    On October 15, 2020, Kentucky submitted a SIP revision addressing, 
among other things,\1\ permit program requirements (i.e., NNSR) for the 
2015 8-hour ozone NAAQS for Kentucky's 2015 8-hour ozone Marginal 
nonattainment areas. Kentucky's October 15, 2020, SIP revision 
certifies that the version of 401 Kentucky Administrative Regulation 
51:052, Review of new sources in or impacting upon nonattainment areas, 
in the SIP satisfies the federal NNSR requirements for the Kentucky 
2015 8-hour ozone Marginal nonattainment areas.
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    \1\ The other elements of Kentucky's submittal are being 
addressed in separate rulemakings.
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    On February 10, 2022, EPA published a Notice of Proposed Rulemaking 
(NPRM) proposing to approve the October 15, 2020, SIP revision 
regarding 2015 8-hour Ozone Nonattainment New Source Review Permit 
Program Requirements for Kentucky's 2015 8-hour ozone Marginal 
nonattainment areas. See 87 FR 7788. The February 10, 2022, NPRM 
provides additional detail regarding the background and rationale for 
EPA's action. Comments on the February 10, 2022, NPRM were due on or 
before March 14, 2022. EPA received no comments on the February 10, 
2022, NPRM.

II. Final Action

    EPA is approving Kentucky's SIP revision addressing the NNSR 
requirements for the 2015 8-hour ozone NAAQS for Kentucky's 2015 8-hour 
ozone Marginal nonattainment areas, submitted on October 15, 2020. EPA 
has determined that Kentucky's submission fulfills the 40 CFR 51.1314 
requirement and meets the requirements of CAA section 172(c)(5) and 173 
and the minimum SIP requirements of 40 CFR 51.165.

III. 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. This action merely 
approves

[[Page 19650]]

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.
    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 June 6, 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 oxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the 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, amend the table in paragraph (e) by adding an entry 
for ``2015 8-hour Ozone NAAQS Nonattainment New Source Review 
Requirements'' at the end of the table to reads as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                                                  State
    Name of non-regulatory SIP     Applicable geographic or  submittal date/  EPA approval date    Explanations
            provision                 nonattainment area     effective date
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                                                  * * * * * * *
2015 8-hour Ozone NAAQS            Bullitt and Oldham            10/15/2020  4/5/2022, [Insert
 Nonattainment New Source Review    Counties in the                           citation of
 Requirements.                      Louisville, KY-IN                         publication].
                                    Marginal nonattainment
                                    area and portions of
                                    Boone, Campbell, and
                                    Kenton Counties in the
                                    Cincinnati, OH-KY
                                    Marginal nonattainment
                                    area.
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[FR Doc. 2022-07126 Filed 4-4-22; 8:45 am]
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