Rule2022-17025
Air Plan Approval; Kentucky; Removal of Excess Emissions Provisions
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
August 11, 2022
Effective
September 12, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Kentucky Energy and Environment Cabinet (Cabinet), on November 17, 2016, on behalf of the Commonwealth of Kentucky (Commonwealth). The revision was submitted in response to the EPA's SIP call published on June 12, 2015, concerning excess emissions during startup, shutdown, and malfunction (SSM) events. The submittal requests the revision of provisions identified in the 2015 SIP call for the Kentucky SIP. EPA is approving the SIP revision and finds that such SIP revision corrects the deficiencies identified in the June 12, 2015, SIP call.
Full Text
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<title>Federal Register, Volume 87 Issue 154 (Thursday, August 11, 2022)</title>
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[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49528-49530]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17025]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R4-OAR-2022-0225; FRL-9912-02-R4]
Air Plan Approval; Kentucky; Removal of Excess Emissions
Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Kentucky Energy and
Environment Cabinet (Cabinet), on November 17, 2016, on behalf of the
Commonwealth of Kentucky (Commonwealth). The revision was submitted in
response to the EPA's SIP call published on June 12, 2015, concerning
excess emissions during startup, shutdown, and malfunction (SSM)
events. The submittal requests the revision of provisions identified in
the 2015 SIP call for the Kentucky SIP. EPA is approving the SIP
revision and finds that such SIP revision corrects the deficiencies
identified in the June 12, 2015, SIP call.
DATES: This rule is effective September 12, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R4-OAR-2022-0225. 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: Estelle Bae, Air Permitting 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. Ms. Bae can be reached by telephone at
(404) 562-9143 or via electronic mail at <a href="/cdn-cgi/l/email-protection#3f5d5e5a115a4c4b5a53535a7f5a4f5e11585049"><span class="__cf_email__" data-cfemail="553734307b30262130393930153025347b323a23">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 7, 2022, EPA proposed to approve a SIP revision submitted
by the Commonwealth through the Cabinet on November 17, 2016. See 87 FR
34612. In that proposal, EPA also proposed to determine that the SIP
revision corrects the deficiency with respect to Kentucky that the
Agency identified in the June 12, 2015, action titled ``State
Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown, and
Malfunction,'' 80 FR 33839 (June 12, 2015), hereinafter referred to as
the ``2015 SSM SIP Action.'' The reasons for the proposed approval and
determination are stated in the June 7, 2022, proposed action and
[[Page 49529]]
will not be restated here. The public comment period for EPA's proposed
approval and determination ended on July 7, 2022, and EPA received one
comment in support of the proposal, which is available in the docket
for this action. Therefore, EPA is finalizing the action as proposed.
II. Final Action
EPA is approving the Commonwealth's November 17, 2016, SIP
submission requesting removal of 401 KAR 50:055 section 1(1) and
section 1(4) from the Kentucky SIP. EPA has determined that this SIP
revision is consistent with the requirements for SIP provisions under
the CAA. EPA has also determined that this SIP revision corrects the
deficiencies identified in the 2015 SSM SIP Action with respect to the
Kentucky SIP.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. EPA is finalizing the removal of specific
provisions of 401 KAR 50:055, General Compliance Requirements, as
discussed in Sections I and II of this preamble. Specifically, EPA is
removing 401 KAR 50:055 section 1(1) and section 1(4) from the Kentucky
SIP, which are incorporated by reference in accordance with
requirements of 1 CFR 51.5. EPA has made, and will continue to make,
the SIP generally available at the EPA Region 4 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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 October 11, 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, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: August 3, 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), amend Table 1 by revising the entry for ``401
KAR 50:055'' to read as follows:
Sec. 52.920 Identification of plan.
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(c) * * *
[[Page 49530]]
Table 1--EPA-Approved Kentucky Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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401 KAR 50:055................ General compliance 9/22/1982 05/04/89, 54 FR 19169 Except for Sections
requirements. 1(1) and 1(4), which
were removed from
the SIP by EPA on 8/
11/2022.
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[FR Doc. 2022-17025 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on August 11, 2022.
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