Rule2022-09704
Air Plan Approval; Kentucky; Fugitive Emissions Rule
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
May 9, 2022
Effective
June 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09704]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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 <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: Andres Febres, 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. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#1e787b7c6c7b6d33737f6c6a77707b64307f707a6c7b6d5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="85e3e0e7f7e0f6a8e8e4f7f1ecebe0ffabe4ebe1f7e0f6c5e0f5e4abe2eaf3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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.
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\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.
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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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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\
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\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).
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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:
<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 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:
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(c), table 1 is amended by revising the entry for
``401 KAR 63:010'' to read as follows:
Sec. 52.920 Identification of plan.
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(c) * * *
[[Page 27526]]
Table 1--EPA-Approved Kentucky Regulations
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State effective
State citation Title/subject date EPA approval date Explanation
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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).
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[FR Doc. 2022-09704 Filed 5-6-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on May 9, 2022.
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