[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 [www.gpo.gov]
[FR Doc No: 2022-17025]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 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: 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 [email protected].

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:
     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 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.

* * * * *
    (c) * * *

[[Page 49530]]



                                   Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
        State citation              Title/subject       effective     EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-17025 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P


