[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27524-27526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09704]



40 CFR Part 52

[EPA-R04-OAR-2021-0686; FRL-9124-02-R4]

Air Plan Approval; Kentucky; Fugitive Emissions Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Kentucky (Commonwealth), through the Energy and 
Environmental Cabinet (Cabinet) on October 15, 2020. The SIP revision 
updates the Commonwealth's regulation for the control of fugitive 
emissions. This revision contains minor non-substantive changes, 
grammatical edits, renumbering, the removal of one provision, the 
addition of one new requirement, and the incorporation of two 
definitions to support the new requirement. EPA is finalizing approval 
of these changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective June 8, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0686. 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.

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. The telephone number is 
(404) 562-8966. Mr. Febres can also be reached via electronic mail at 
[email protected].


I. Background

    On October 15, 2020, the Commonwealth submitted changes to the 
Kentucky SIP for EPA approval.\1\ The changes include updates to 
Regulation 401 KAR 63:010--Fugitive Emissions, which establishes 
control requirements for fugitive emissions. The October 15, 2020, SIP 
revision contains primarily minor non-substantive changes which concern 
minor language edits and renumbering changes throughout regulation 401 
KAR 63:010. Additionally, the revision includes the removal of one 
provision regarding nuisances, the addition of one new requirement to 
use EPA's Reference Method 22, and the incorporation of two new 
definitions for ``Emission time'' and ``Observation period,'' to 
support this new requirement.

    \1\ EPA notes that the Commonwealth's submission was received on 
October 16, 2020. However, for clarity, EPA will refer to this 
submission by its cover letter date of October 15, 2020.

    On March 8, 2022, EPA publish a notice of proposed rulemaking 
(NPRM) to approve the October 15, 2020, SIP revisions regarding 401 KAR 
63:010. EPA's March 8, 2022, NPRM provides additional details regarding 
the background for this action and EPA's rationale for approving this 
revision. See 87 FR 12904. Comments on the March 8, 2022, NPRM were due 
on or before April 7, 2022. EPA received no comments on the March 8, 
2022, NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing 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's 
Regulation 401 KAR 63:010--Fugitive Emissions, state effective on June 
30, 2020, which

[[Page 27525]]

updates the Commonwealth's fugitive emission provisions, except for the 
nuisance provision added to Section 3, Paragraph (4).\2\ 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 EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\3\

    \2\ EPA notes that throughout the March 8, 2022, NPRM, the 
Agency referenced to this provision as paragraph 3(4). EPA's 
intention was to reference Section 3, Paragraph (4), which was 
shorthanded to paragraph 3(4).
    \3\ See 62 FR 27968 (May 22, 1997).

III. Final Action

    EPA is approving the revision to Regulation 401 KAR 63:010--
Fugitive Emissions, which updates the Commonwealth's fugitive emissions 
rule. EPA is finalizing the approval of these changes to the SIP 
because they are consistent with the CAA.

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 that 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:
     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. 
    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 July 8, 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) of the CAA.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation byreference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 29, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

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


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

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

Subpart S--Kentucky

2. In Sec.  52.920(c), table 1 is amended by revising the entry for 
``401 KAR 63:010'' to read as follows:

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

[[Page 27526]]

                                   Table 1--EPA-Approved Kentucky Regulations
                                                       State effective
         State citation              Title/subject           date        EPA approval date       Explanation
                                                  * * * * * * *
401 KAR 63:010..................  Fugitive emissions.       6/30/2020   5/9/2022 [Insert     Except for the
                                                                         citation of          nuisance provision
                                                                         publication].        found in Section
                                                                                              3, Paragraph (4).
                                                  * * * * * * *

* * * * *
[FR Doc. 2022-09704 Filed 5-6-22; 8:45 am]