7788 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

malfunction permitted under such a standard), or 

a flare that serves to control emissions of waste 

streams comprised predominately of hydrocarbons 

and containing no more than 230 mg/dscm 

hydrogen sulfide.’’ 

listed in subsection (qqqq)2. would not 

increase the number of projects exempt 

from permitting under the SIP because 

they must have emissions below the 

thresholds in the revised PCP definition, 

and therefore, already qualify for the SIP 

permitting exemption found at 

subsection 391–3–1–.03(6)(i)3. Lastly, 

the definition is revised to change rule 

cross-references to the listed PCP 

subsections from 391–3–1-.01(qqqq)1. 

through 8. to 391–3–1–.01(qqqq)1. and 

2. for consistency with the revision to 

the list of projects. 

In addition, this revision modifies 

cross-references in Rule 391–3–1–.03(6), 

‘‘Exemptions,’’ to align with revisions 

made in section .01(qqqq) by changing 

the citation ‘‘subsection 391–3–1– 

.01(qqqq)1. through 8.’’ to ‘‘subsection 

391–3–1–.01(qqqq)1. and 2.’’ 

Furthermore, this revision replaces the 

phrase ‘‘million BTUs per hour’’ with its 

abbreviated form, ‘‘MMBtu/hr,’’ 

throughout Rule 391–3–1–.03(6) and 

makes a change at subparagraph 391–3– 

1–.03(6)(h)14.(vii) by adding the word 

‘‘and’’ to the end of a phrase for clarity. 

Because the aforementioned changes 

do not alter the universe of sources 

exempted from minor source 

construction permitting under the SIP 

with this revision, Georgia’s SIP is not 

being relaxed. Therefore, EPA believes 

that these changes are consistent with 

CAA sections 110(l) and 193, and 

requirements for minor source 

permitting in CAA section 110(a)(2)(C) 

and federal regulations. Thus, EPA is 

proposing to approve the SIP revision. 

II. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Georgia Rule 391–3–1–.01, 

‘‘Definitions’’ at section (qqqq), state 

effective on July 29, 2020, which revises 

the definition of ‘‘Pollution control 

project,’’ and Georgia Rule 391–3–1– 

.03(6), ‘‘Exemptions,’’ also state effective 

on July 29, 2020, which is revised to 

establish consistency with the proposed 

revisions to 391–3–1–.01(qqqq). 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). 

III. Proposed Action 

EPA is proposing to approve the 

aforementioned changes to the Georgia 

SIP. Specifically, EPA is proposing to 

approve the revisions to section (qqqq) 

of Rule 391–3–1–.01, ‘‘Definitions’’ and 

throughout section 391–3–1–.03(6), 

‘‘Exemptions.’’ EPA is proposing to 

approve these changes 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 they meet the criteria of the 

CAA. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: February 3, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–02721 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0362; FRL–9502–01– 

R4] 

Air Plan Approval; Kentucky; 2015 8- 

Hour Ozone Nonattainment New 

Source Review Permit Program 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 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 proposing to approve 

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. 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7789 

1The Kentucky 2015 8-hour ozone NAAQS 

nonattainment areas are the Kentucky portions of 

the Cincinnati, OH-KY, and Louisville, KY-IN areas. 

The Kentucky portion of the Cincinnati, OH-KY 

nonattainment area consists of portions of Boone, 

Kenton, and Campbell Counties. The Kentucky 

portion of the Louisville, KY-IN ozone 

nonattainment area consists of Jefferson, Bullitt, 

and Oldham Counties. The NNSR requirement for 

Jefferson County, Kentucky, will be addressed in a 

separate action. 

2CAA section 173 requires, among other things, 

emissions offsets. The emissions offset ratio for 

Marginal ozone nonattainment areas is found in 

CAA section 182(a)(4). 

3The other elements of Kentucky’s submittal are 

being addressed in separate rulemakings. 

4This SIP-approved rule also requires offsets for 

nitrogen oxides and volatile organic compounds of 

at least 1.1:1 in Marginal nonattainment areas. See 

401 KAR 51:052, Section 4, Paragraph 3(b). 

5While this proposed rulemaking pertains to 

Bullitt and Oldham Counties and portions of Boone, 

Campbell and Kenton Counties, 401 KAR 51:052 

applies to any areas in the Commonwealth 

designated as nonattainment. 

This action is being proposed pursuant 

to the Clean Air Act (CAA or Act) and 

its implementing regulations. 

DATES: Comments must be received on 

or before March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0362 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Pearlene Williams, 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 can also be reached 

via electronic mail at 

williams.pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The New Source Review (NSR) 

program is a preconstruction permitting 

program that requires certain stationary 

sources of air pollution to obtain 

permits prior to beginning construction. 

The NSR permitting program applies to 

new construction and modification of 

existing sources. New construction and 

modifications that emit ‘‘regulated NSR 

pollutants’’ over certain thresholds are 

subject to major NSR requirements, 

while smaller emitting sources and 

modifications may be subject to minor 

NSR requirements. 

Major NSR permits for sources that 

are in attainment or unclassifiable areas 

are referred to as Prevention of 

Significant Deterioration (PSD) permits. 

Major NSR permits for sources in 

nonattainment areas and that emit 

pollutants above the specified 

thresholds for which the area is in 

nonattainment are referred to as NNSR 

permits. 

A new stationary source is subject to 

major NSR requirements if its potential 

to emit a regulated NSR pollutant 

exceeds certain emission thresholds. If 

it exceeds the applicable threshold, the 

NSR regulations define it as a ‘‘major 

stationary source.’’ An existing major 

stationary source triggers major NSR 

permitting requirements when it 

undergoes a ‘‘major modification,’’ 

which occurs when a source undertakes 

a physical change or change in method 

of operation (i.e., a ‘‘project’’) that 

would result in: (1) A significant 

emissions increase from the project, and 

(2) a significant net emissions increase 

from the source. See, e.g., 40 CFR 

51.165(a)(1)(v)(A) and 40 CFR 

51.165(a)(1)(xxxix). 

On October 1, 2015, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.070 

parts per million (ppm). See 80 FR 

65292 (October 26, 2015). Upon 

promulgation of a new or revised ozone 

NAAQS, section 107(d) of the CAA 

requires EPA to designate as 

nonattainment any area that is violating 

the NAAQS (or that contributes to 

ambient air quality in a nearby area that 

is violating the NAAQS). As part of the 

designations process for the 2015 8-hour 

ozone NAAQS, EPA designated two 

areas in Kentucky as Marginal ozone 

nonattainment areas, effective August 3, 

2018.1 See 83 FR 25776 (June 4, 2018). 

Areas that were designated as 

‘‘Marginal’’ ozone nonattainment areas 

were required to attain the 2015 8-hour 

ozone NAAQS no later than three years 

after the effective date of designation. 

See 40 CFR 51.1303. 

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 173.2 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,3 permit program 

requirements (i.e., NNSR) for the 2015 

8-hour ozone NAAQS for Kentucky’s 

2015 8-hour ozone Marginal 

nonattainment areas. EPA’s analysis of 

how this SIP revision addresses the 

NNSR requirements for the 2015 8-hour 

ozone NAAQS is provided below. 

II. Analysis of the Commonwealth’s 

Submittal 

Kentucky’s longstanding, SIPapproved NNSR regulation at 401 

Kentucky Administrative Regulation 

(KAR) 51:052, Review of new sources in 

or impacting upon nonattainment areas, 

establishes air quality permitting 

requirements for the construction or 

modification of major stationary sources 

located within, or impacting, areas 

designated as nonattainment.4 In its 

October 15, 2020, SIP revision, 

Kentucky certifies that the version of 

401 KAR 51:052 in the SIP satisfies the 

federal NNSR requirements for the 

Kentucky 2015 8-hour ozone Marginal 

nonattainment areas. EPA approved 

Kentucky’s NNSR certification for the 

2008 8-hour ozone NAAQS into the 

Kentucky SIP on April 10, 2017. See 82 

FR 17131.5 The SIP-approved version of 

401 KAR 51:052 has not been updated 

since that 2017 rulemaking. 

The current SIP-approved version of 

401 KAR 51:052 covers Kentucky’s 2015 

8-hour ozone Marginal nonattainment 


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7790 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

1The reader may refer to the Notice of Proposed 

Rulemaking, December 5, 1991 (56 FR 63774), and 

the preamble to the final rule promulgated 

areas (i.e., the counties and partial 

counties to which this proposed action 

pertains) and remains adequate to meet 

all applicable NNSR requirements for 

the 2015 8-hour ozone NAAQS. EPA is 

therefore proposing to approve 

Kentucky’s certification that 401 KAR 

51:052 meets the NNSR requirements 

for implementation of the 2015 8-hour 

ozone NAAQS. 

III. Proposed Action 

EPA is proposing to approve 

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 preliminarily 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. 

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 proposed action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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. 

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. 

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

Dated: February 3, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–02720 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2021–0767; FRL–9366–01– 

R3] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

Virginia 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; consistency 

update. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to update a 

portion of the Outer Continental Shelf 

(OCS) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of states’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (COA), as 

mandated by section 328(a)(1) of the 

Clean Air Act (CAA). The portion of the 

OCS air regulations that is being 

updated pertains to the requirements for 

OCS sources for which Virginia is the 

designated COA. The Commonwealth of 

Virginia’s requirements discussed in 

this document are proposed to be 

incorporated by reference into the Code 

of Federal Regulations and listed in the 

appendix to the OCS air regulations. 

DATES: Written comments must be 

received on or before March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2021–0767 at https://

www.regulations.gov, or via email to 

Opila.MaryCate@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Gwendolyn Supplee, Permits Branch 

(3AD10), Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2763. 

Ms. Supplee can also be reached via 

electronic mail at Supplee.Gwendolyn@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 


jspears on DSK121TN23PROD with PROPOSALS1