Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19649 

1The other elements of Kentucky’s submittal are 

being addressed in separate rulemakings. 

Subpart RR—Tennessee 

■ 2. Amend § 52.2231 by adding 

paragraph (g) to read as follows: 

§ 52.2231 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(g) Effective May 5, 2022, EPA has 

determined that the Sullivan County 

SO2 nonattainment area (NAA) has 

failed to attain the 2010 1-hour primary 

sulfur dioxide (SO2) national ambient 

air quality standard (NAAQS) by the 

applicable attainment date of October 4, 

2018. This determination triggers the 

requirements of CAA section 179(d) for 

the State of Tennessee to submit a 

revision to the Tennessee State 

Implementation Plan (SIP) for the 

Sullivan County SO2 NAA to EPA by 

April 5, 2023. The SIP revision must, 

among other elements, provide for the 

attainment of the 1-hour primary SO2

NAAQS in the Sullivan County SO2

NAA as expeditiously as practicable but 

no later than April 5, 2027. 

* * * * * 

[FR Doc. 2022–07090 Filed 4–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0362; FRL–9502–02– 

R4] 

Air Plan Approval; Kentucky; 2015 8- 

Hour Ozone Nonattainment New 

Source Review Permit Program 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 approving 

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. 

This action is being approved pursuant 

to the Clean Air Act (CAA or Act) and 

its implementing regulations. 

DATES: This rule is effective May 5, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0362. 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: 

Pearlene Williams-Miles, 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-Miles can also be 

reached via electronic mail at 

WilliamsMiles.Pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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. 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,1 permit program 

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

8-hour ozone NAAQS for Kentucky’s 

2015 8-hour ozone Marginal 

nonattainment areas. Kentucky’s 

October 15, 2020, SIP revision certifies 

that the version of 401 Kentucky 

Administrative Regulation 51:052, 

Review of new sources in or impacting 

upon nonattainment areas, in the SIP 

satisfies the federal NNSR requirements 

for the Kentucky 2015 8-hour ozone 

Marginal nonattainment areas. 

On February 10, 2022, EPA published 

a Notice of Proposed Rulemaking 

(NPRM) proposing to approve the 

October 15, 2020, SIP revision regarding 

2015 8-hour Ozone Nonattainment New 

Source Review Permit Program 

Requirements for Kentucky’s 2015 8- 

hour ozone Marginal nonattainment 

areas. See 87 FR 7788. The February 10, 

2022, NPRM provides additional detail 

regarding the background and rationale 

for EPA’s action. Comments on the 

February 10, 2022, NPRM were due on 

or before March 14, 2022. EPA received 

no comments on the February 10, 2022, 

NPRM. 

II. Final Action 

EPA is approving 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 

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. 

III. 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 


jspears on DSK121TN23PROD with RULES1
19650 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 

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 June 6, 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, 

Nitrogen oxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 30, 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart S—Kentucky 

■ 2. In § 52.920, amend the table in 

paragraph (e) by adding an entry for 

‘‘2015 8-hour Ozone NAAQS 

Nonattainment New Source Review 

Requirements’’ at the end of the table to 

reads as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory 

SIP provision Applicable geographic or nonattainment area 

State 

submittal date/ 

effective date 

EPA approval date Explanations 

*******

2015 8-hour Ozone 

NAAQS Nonattainment 

New Source Review 

Requirements.

Bullitt and Oldham Counties in the Louisville, KY-IN 

Marginal nonattainment area and portions of 

Boone, Campbell, and Kenton Counties in the Cincinnati, OH-KY Marginal nonattainment area.

10/15/2020 4/5/2022, [Insert citation 

of publication].

[FR Doc. 2022–07126 Filed 4–4–22; 8:45 am] 

BILLING CODE 6560–50–P 


jspears on DSK121TN23PROD with RULES1