12904 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Proposed Rules 

1EPA 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. 

2Excluding nuisance provisions that are 

unrelated to attainment and maintenance of the 

NAAQS from SIPs is consistent with longstanding 

Agency practice. See, e.g., 85 FR 73636 (November 

19, 2020). 

standards to the Reservation than those 

imposed by state law or local governing 

bodies, in accordance with the 

Settlement Act. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

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

Dated: February 28, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–04832 Filed 3–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0686; FRL–9124–01– 

R4] 

Air Plan Approval; Kentucky; Fugitive 

Emissions Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 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 nonsubstantive 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 proposing to 

approve these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before April 7, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0686 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: 

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 febresmartinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

On October 15, 2020, the 

Commonwealth submitted changes to 

the Kentucky SIP for EPA approval.1

EPA is proposing to approve these 

changes to Regulation 401 KAR 

63:010—Fugitive Emissions, which was 

approved into the SIP on July 12, 1982 

(47 FR 30059), and establishes control 

requirements for fugitive emissions. 

II. Analysis of the Commonwealth’s SIP 

Revision 

The October 15, 2020, SIP revision 

contains primarily minor nonsubstantive changes which concern 

minor language edits and renumbering 

changes throughout regulation 401 KAR 

63:010. Additionally, the revision 

includes the removal of one provision, 

the addition of one new requirement, 

and the incorporation of two new 

definitions to support this requirement. 

The bulk of the changes in the 

October 15, 2020, SIP revision concern 

clarification and minor language edits. 

For example, one language edit changes 

the word ‘‘promulgate’’ to ‘‘prescribe.’’ 

Another example of a language edit the 

Commonwealth made was to change the 

language in the ‘‘NECESSITY, 

FUNCTION, AND CONFORMITY’’ 

section of the rule to align more closely 

with the language in Kentucky’s 

implementing statute regarding the 

powers and duties of the Cabinet. 

Additionally, Kentucky edited this 

section to update references to the rules 

that outline the Cabinet’s power to 

promulgate the fugitive emissions rules. 

With respect to renumbering changes, 

the revision switches the order of 

Section 1, previously ‘‘Applicability,’’ 

and Section 2, previously ‘‘Definitions.’’ 

Other similar changes include the 

necessary renumbering of sections to 

incorporate the addition or removal of 

provisions, which are further discussed 

below. 

The proposed changes seek to delete 

paragraph 4(2), a nuisance provision, 

from the SIP-approved rule. The 

Commonwealth moved the text of 4(2) 

to existing paragraph 3(4) in its revised 

state rule. However, as noted in the 

October 15, 2020, cover letter 

submitting these changes, the 

Commonwealth requests that EPA 

remove existing paragraph 4(2) from the 

SIP and not incorporate the text moved 

to paragraph 3(4). EPA is proposing to 

remove the SIP-approved version of 

paragraph 4(2) and not incorporate the 

text in paragraph 3(4) of the revised 

state rule into the SIP because this 

nuisance provision is not related to 

attainment and maintenance of the 

national ambient air quality standards 

(NAAQS) and is therefore not related to 

the CAA requirements for SIPs.2

The changes add a new requirement 

to Section 3 to use EPA’s Reference 

Method 22 (Visual Determination of 

Fugitive Emissions) of appendix A–7 in 

40 CFR part 60, as the standard method 

by which to determine the level of 

visible fugitive dust emissions beyond 

the lot line of the property on which 

emissions originate. The 

Commonwealth adds this method to 

confirm compliance with the opacity 

standard, as specified in Kentucky’s 

Rule 63:010. As a part of the new 

requirement, the Commonwealth also 

adds specific emission standards, in the 

form of time and observational period 

limits, for all sources to which this rule 

applies. Specifically, the revised rule 

states that a source shall not cause, 

suffer, or allow visible fugitive 

emissions beyond the lot line of the 

property, observed using EPA’s 

Reference Method 22, for more than 5 

minutes in a 60-minute period, or more 

than 20 minutes in a 24-hour period. 

Finally, the Commonwealth adds 

under Section 1 (formerly Section 2), 

the definitions for ‘‘Emission time’’ and 

‘‘Observation period,’’ to define terms in 


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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Proposed Rules 12905 

the language from the Reference Method 

22 requirements in Section 3. EPA has 

determined that the addition of Method 

22 and these definitions is consistent 

with federal regulations. Without these 

requirements, it would be difficult to 

determine compliance with 401 KAR 

63:010 because the previous version of 

the rule did not offer a standard method 

for determining visible emissions. 

EPA has reviewed all changes in the 

October 15, 2020, SIP revision regarding 

401 KAR 63:010 and has preliminarily 

determined that the changes are 

consistent with Federal regulations and 

do not interfere with attainment and 

maintenance of the NAAQS or any other 

applicable requirement of the Act. The 

changes strengthen the existing fugitive 

emission control standards in the 

Kentucky SIP. For these reasons, EPA is 

proposing to approve the changes to this 

rule into the SIP. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Kentucky’s Regulation 401 KAR 

63:010—Fugitive Emissions, state 

effective on June 30, 2020, which 

updates the Commonwealth’s fugitive 

emission provisions, with the exception 

of the nuisance provisions added to 

paragraph 3(4) for the reasons described 

in Section II. 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). 

IV. Proposed Action 

EPA is proposing to approve the 

revision to Regulation 401 KAR 

63:010—Fugitive Emissions, which 

updates the Commonwealth’s fugitive 

emissions rule. EPA is proposing to 

approve these changes because they are 

consistent with the CAA. 

V. 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 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 17, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–04111 Filed 3–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R08–OAR–2021–0809; FRL–9579–01– 

R8] 

Air Plan Approval; Montana; 

Thompson Falls PM10 Nonattainment 

Area Limited Maintenance Plan and 

Redesignation Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to fully 

approve the Limited Maintenance Plan 

(LMP) submitted by the State of 

Montana to EPA on November 4, 2021, 

for the Thompson Falls Moderate 

nonattainment area (NAA) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM10) and concurrently 

redesignate the NAA to attainment for 

the 24-hour PM10 National Ambient Air 

Quality Standard (NAAQS). In order to 

approve the LMP and redesignation, 

EPA is proposing to determine that the 

Thompson Falls NAA has attained the 

1987 24-hour PM10 NAAQS of 150 mg/ 

m3. This determination is based upon 

monitored air quality data for the PM10

NAAQS during the years 2015–2020. 

EPA is taking this action pursuant to the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before April 7, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0809 to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The 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. The EPA will 

generally not consider comments or 


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