Rule2022-07126
Air Plan Approval; Kentucky; 2015 8-Hour Ozone Nonattainment New Source Review Permit Program Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 5, 2022
Effective
May 5, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 65 (Tuesday, April 5, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#7b2c121717121a16083612171e08552b1e1a09171e151e3b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="f6a19f9a9a9f979b85bb9f9a9385d8a69397849a939893b6938697d8919980">[email protected]</span></a>.
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 5, 2022.
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