Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19645 

1The Clean Air Act (CAA or Act) establishes a 

process for air quality management through the 

Continued 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 30, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, 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 L—Georgia 

■ 2. In § 52.570, amend the table in 

paragraph (c) by revising the entries for 

‘‘391–3–1–.01’’ and ‘‘391–3–1–.03(6)’’ to 

read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

391–3–1–.01 ........ Definitions .......... 7/29/2020 4/5/2022, [Insert citation of publication].Except the first paragraph, sections (a)–(nn), (pp)–(ccc), (eee)– 

(jjj), (nnn)–(bbbb), (dddd)–(kkkk), (mmmm), (rrrr)–(ssss), approved on 12/4/2018 with a State-effective date of 7/20/2017; 

sections (ddd) and (cccc) approved on 2/2/1996 with a Stateeffective date of 11/20/1994; (nnnn), approved on 1/5/2017 

with a State-effective date of 8/14/2016; and sections (oooo) 

and (pppp) which are not in the SIP. 

* * * * * * * 

391–3–1–.03(6) ... Exemptions ........ 7/29/2020 4/5/2022, [Insert citation of publication].With the exception of Rule 391–3–1–.03(6)(b)16. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–07131 Filed 4–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0428; FRL–9374–02– 

R4] 

Finding of Failure To Attain the 2010 

Sulfur Dioxide Standard; Tennessee; 

Sullivan County Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is finalizing 

the determination that the Sullivan 

County, Tennessee, sulfur dioxide (SO2) 

nonattainment area (hereinafter referred 

to as ‘‘the Sullivan County Area’’ or 

‘‘Area’’) failed to attain the 2010 1-hour 

SO2 primary National Ambient Air 

Quality Standard (NAAQS or standard) 

by the applicable attainment date of 

October 4, 2018, based upon a weight of 

evidence analysis of available qualityassured and certified SO2 ambient air 

monitoring data and SO2 emissions data 

from January 2015 through December 

2017. As a result of this determination, 

the State of Tennessee is required to 

submit by April 5, 2023, revisions to the 

Tennessee State Implementation Plan 

(SIP) that, among other things, provide 

for the attainment of the SO2 NAAQS in 

the Sullivan County Area as 

expeditiously as practicable but no later 

than April 5, 2027. 

DATES: This rule is effective May 5, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0428. 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: 

Evan Adams, 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. 

Mr. Adams can be reached by telephone 

at (404) 562–9009 or via electronic mail 

at adams.evan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 13, 2022 (87 FR 2095), 

EPA published a notice of proposed 

rulemaking (NPRM) proposing to find 

that the Sullivan County Area failed to 

attain the 2010 1-hour SO2 primary 

NAAQS 1 by the applicable attainment 


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establishment and implementation of the NAAQS. 

On June 2, 2010, EPA revised the primary SO2

NAAQS, establishing a new 1-hour SO2 standard of 

75 parts per billion (ppb). See 75 FR 35520 (June 

22, 2010). After the promulgation of a new or 

revised NAAQS, EPA is required to designate all 

areas of the country pursuant to section 107(d)(1)– 

(2) of the CAA. 

2On August 5, 2013, EPA finalized its first round 

(round 1) of designations for the 2010 primary SO2

NAAQS. Specifically, in the 2013 action, EPA 

designated 29 areas in 16 states as nonattainment 

for the 2010 SO2 NAAQS, including a portion of 

Sullivan County. 

3For exact descriptions of the Sullivan County 

Area, refer to 40 CFR 81.343. 

4See Consent Decree entered June 25, 2021, 

(Docket ID: EPA–R04–OAR–2021–0428), Center for 

Biological Diversity et al. v. EPA, Case No. 3:20–cv– 

05436–EMC (N.D. Cal.) which is included in the 

docket for this action. 

5See EPA’s January 13, 2022, NPRM for 

additional details regarding the Ross N. Robinson 

and Skyland Drive SLAMS sites. See 87 FR 2095. 

date of October 4, 2018, based upon a 

weight of evidence analysis of available 

quality-assured and certified SO2

ambient air monitoring data and SO2

emissions data from January 2015 

through December 2017. 

EPA designated the Sullivan County 

Area as nonattainment on August 5, 

2013,2 based on air quality monitoring 

data from an SO2 monitor operating at 

the time of designation (Air Quality 

System (AQS) Site ID: 47–163–0007). 

The Sullivan County Area is comprised 

of a 3-kilometer (km) radius circle 

centered around the B–253 powerhouse 

at the Eastman Chemical Company 

facility in Kingsport, Tennessee 

(Eastman), which encompasses this SO2

monitor that was operating at the time 

of designation.3 EPA’s first round of 

designations for the 2010 SO2 NAAQS, 

including the Sullivan County Area, 

became effective on October 4, 2013. 

Pursuant to CAA section 192(a), the 

attainment date for the Area was no 

later than October 4, 2018, which is five 

years after the effective date of the final 

action designating the Sullivan County 

Area as nonattainment for the 2010 SO2

NAAQS. Under section 179(c) of the 

CAA, within six months of the 

attainment date, EPA is required to 

make a determination, based on the 

area’s air quality as of the attainment 

date, whether an area attained by that 

date. If EPA determines that an area 

failed to attain by the attainment date, 

EPA is required to publish that 

determination in the Federal Register. 

See CAA section 179(c)(2). 

On June 25, 2021, EPA entered into a 

consent decree with the Center for 

Biological Diversity in the U.S. District 

Court for the Northern District of 

California.4 The consent decree requires 

EPA to finalize by March 31, 2022, a 

determination whether the Sullivan 

County Area attained the 1-hour SO2

standard by the October 4, 2018, 

attainment date. 

In the January 13, 2022, NPRM, EPA 

evaluated whether the Sullivan County 

Area attained the 2010 SO2 NAAQS by 

the October 4, 2018, attainment date. 

For an area to attain the 2010 SO2

NAAQS by the October 4, 2018, 

attainment date, the design value based 

upon monitored air quality data from 

2015–2017 at each eligible monitoring 

site must be equal to or less than 75 ppb 

for the 1-hour standard. EPA developed 

a weight of evidence assessment based 

on available quality-assured and 

certified air quality monitoring data, 

and source-specific SO2 emissions in 

the Area from January 2015 through 

December 2017 to support the proposed 

determination that the Sullivan County 

Area did not attain the 1-hour SO2

standard by October 4, 2018. 

Air monitoring data in the Sullivan 

County Area from January 1, 2015, to 

July 20, 2016, did not meet the quality 

assurance requirements in 40 CFR part 

58 Appendix A and, therefore, were not 

comparable to the NAAQS. 

Consequently, a valid 2015–2017 design 

value could not be determined for the 

Area. In lieu of a 2015–2017, 3-year 

design value, EPA reviewed the 

available quality-assured ambient 

monitoring data from July 20, 2016, to 

December 31, 2017, and annual and 

hourly SO2 emissions data at Eastman 

from January 1, 2015, to December 31, 

2017, to determine the air quality in the 

Sullivan County Area as of the 

applicable attainment date. The 

available annual 99th percentile daily 

maximum 1-hour average SO2 data at 

each state and local air monitoring 

station (SLAMS) site 5 within the 

Sullivan County Area for the 2015–2017 

period are presented in Table 1. 

TABLE 1—2015–2017 SO2 MONITORING DATA FOR THE SULLIVAN COUNTY AREA

Site 

(AQS ID) 

Annual 99th percentile daily 

maximum 1-hour average 

(ppb) Design Value valid? 

2015 2016 2017 

Ross N. Robinson (47–163–6001) ................................................... a N/A b 152 92 No. 

Skyland Dr. (47–163–6002) .............................................................. a N/A b 91 78 No. 

Notes: 

aThe SLAMS monitors did not collect data in 2015. 

bThe Ross N. Robinson monitor had only two quarters of complete data in 2016 due to the monitor beginning operation on July 21, 2016. The 

Skyland Drive monitor had only one quarter of complete data in 2016 due to the monitor beginning operation on September 1, 2016. 

Source: EPA AQS Design Value Report, retrieved September 14, 2021. 

The data in Table 1 indicates that 

although the two sites in the Sullivan 

County Area did not have complete data 

in 2015 and 2016 to determine a 3-year 

design value, both monitors consistently 

measured 99th percentile daily 

maximum 1-hour SO2 concentrations 

above the 75 ppb level of the 1-hour 

NAAQS in 2016 and 2017, after 

beginning operation in mid-2016. Both 

monitors have complete 2017 datasets. 

The primary SO2 emissions sources in 

the Area are the coal-fired boilers at 

Eastman. EPA observed that the annual 

SO2 emissions and the hourly SO2

emissions from the Eastman boilers 

were significantly higher from January 

1, 2015, to June 30, 2016, when air 

monitoring data are not available, than 

from July 1, 2016, through December 31, 

2017, when air monitoring data are 

available. Considering that the ambient 

measured concentrations exceeded the 

level of the NAAQS in 2016 and 2017, 

when emissions from the primary 

sources of SO2 were lower than they 

were in 2015, EPA believes it is 

reasonable to expect that the 99th 

percentile maximum daily 1-hour SO2

concentration in 2015 likely also 

exceeded the level of 75 ppb. 

Consequently, the three-year average of 

the 99th percentile value for 2015 

(likely exceeded the level of the 

NAAQS), 2016 (exceeded the level of 

the NAAQS), and 2017 (exceeded the 

level of the NAAQS) almost certainly 

would have resulted in a design value 

that violated the NAAQS. Thus, EPA 


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Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19647 

6At this time, EPA is not prescribing any 

additional measures for the Sullivan County Area 

under CAA section 179(d)(2). 

7Sections 110(a)(1) and (2) of the CAA require 

each state to adopt and submit a SIP for the 

implementation, maintenance, and enforcement of 

each NAAQS promulgated by EPA. This includes 

CAA section 110(a)(2)(D), which requires SIPs to (i) 

contain adequate provisions prohibiting any source 

or other type of emissions activity within a state 

from emitting any air pollutants in amounts which 

will (I) contribute significantly to nonattainment or 

interfere with maintenance of the NAAQS in any 

other state, or (II) interfere with measures required 

to prevent significant deterioration of air quality or 

to protect visibility. EPA has considered or will 

consider the adequacy of Tennessee’s SIP for these 

interstate provisions separately. EPA approved the 

interstate provisions of Tennessee’s SIP for the 2010 

SO2 NAAQS of 110(a)(2)(D)(i)(II) on November 28, 

2016, and September 24, 2018 (see 81 FR 85410 and 

83 FR 48237, respectively), and intends to act on 

the section110(a)(2)(D)(i)(I) interstate transport SIP 

provisions separately. 

finds that this analysis of available 

quality-assured and certified ambient 

concentration data and SO2 emissions 

data demonstrates by a weight of 

evidence that the Sullivan County Area 

failed to attain the 1-hour SO2 NAAQS 

by the required attainment date of 

October 4, 2018. 

EPA’s January 13, 2022, NPRM 

provided detailed assessments of the 

SO2 monitoring network and emissions 

data for the primary SO2-emitting 

sources in the Area at Eastman. The 

NPRM also provided additional 

background information on the 

promulgation of the 2010 SO2 NAAQS, 

as well as the designation of the 

Sullivan County Area under the CAA, 

and EPA’s obligation under CAA section 

179(c)(1) to determine if an area attained 

by the statutory attainment date. Lastly, 

the January 13, 2022, NPRM discussed 

the consequences for SO2 nonattainment 

areas that failed to attain the 1-hour SO2

standard by the October 4, 2018, 

attainment date. Comments on the 

January 13, 2022, NPRM were due on or 

before February 14, 2022. 

II. Response to Comments 

EPA received two comments on the 

January 13, 2022, NPRM, which are 

included in the docket for this action. 

The comments do not object to the 

proposed conclusion that the Sullivan 

County Area failed to timely attain the 

NAAQS and are generally in favor of the 

proposed finding set forth in the January 

13, 2022, proposed rulemaking. EPA 

summarizes and responds to the 

comments below. 

Comment 1: The commenter discusses 

the findings that EPA outlined in the 

January 13, 2022, NPRM and generally 

agrees that a ‘‘SIP is needed to more 

closely monitor Sullivan County and 

hold them accountable to following the 

emission standards.’’ The commenter 

notes that EPA cites to CAA section 

179(d) for the consequences for the 

failure to meet the SO2 standard. In 

addition, the commenter expresses 

concern that the required SIP ‘‘simply 

passes on responsibility to the State’’ 

and will not address the problem 

quickly and suggests EPA ‘‘handle the 

situation.’’ The commenter believes EPA 

has jurisdiction due to the nature of the 

SO2 emissions impacting multiple states 

and that fines should be imposed on the 

responsible organizations. 

Response 1: The commenter does not 

disagree with EPA’s proposed 

determination that the Sullivan County, 

Tennessee SO2 nonattainment area did 

not attain the 1-hour standard by the 

October 4, 2018, statutory attainment 

date. The commenter also supports the 

requirement for Tennessee to submit a 

SIP one year after EPA’s finding that 

will provide attainment of the SO2

standard in the nonattainment area by a 

new statutory attainment date pursuant 

to the requirements established at 

179(d) of the CAA. 

The commenter, however, expresses 

concern with relying on the State to 

address the problem, and suggests it 

would be ideal for EPA to handle the 

situation. The commenter asserts that 

EPA should levy fines and should have 

jurisdiction because of the nature of SO2

emissions impacting multiple states. As 

acknowledged by the commenter, EPA 

is taking this action pursuant to CAA 

section 179, which specifies the 

consequences of EPA’s determination 

that the Area did not attain the air 

quality standard by the applicable 

attainment date. Specifically, Section 

179(d) requires each state with a 

nonattainment area that fails to attain 

the standard by the applicable 

attainment date to submit a SIP revision 

meeting the requirements of CAA 

sections 110 and 172 within one year 

after EPA publishes notice of its 

determination. Section 172 requires the 

revision to include, among other 

elements, a demonstration of attainment 

(within the period prescribed by CAA 

section 179(d)), reasonable further 

progress, and contingency measures. In 

addition, under CAA section 179(d)(2), 

the SIP revision must include such 

additional measures as EPA may 

reasonably prescribe, including all 

measures that can be feasibly 

implemented in the area in light of 

technological achievability, costs, and 

any non-air quality and other air 

quality-related health and 

environmental impacts.6

The relevance of the commenter’s 

statements that EPA should have 

jurisdiction because of the nature of SO2

emissions impacting multiple states, 

and that fines should be imposed on the 

responsible organizations, is unclear. 

The source-specific nature of the SO2

standard is not relevant to EPA’s 

obligations prescribed under the Act to 

ensure states comply with CAA 

planning requirements within the 

statutory timeframes. EPA appreciates 

the commenter’s concern and believes 

the CAA clearly establishes the State’s 

and EPA’s respective responsibilities to 

ensure nonattainment areas demonstrate 

expeditious attainment of the standards 

within the period prescribed by CAA 

section 179(d). Regarding SO2 emissions 

impacting multiple states, separate CAA 

provisions in section 110(a)(2)(D) 

require SIPs to contain adequate 

provisions to prohibit source emission 

activity that could impact another 

state’s ability to attain or maintain the 

SO2 standard.7

Comment 2: The commenter 

expresses concern about the proposed 

rule only addressing the SO2 NAAQS in 

Sullivan County, Tennessee, and notes 

the importance of the proposed rule in 

maintaining the safety of the people. 

The commenter also brings up negative 

impacts from SO2 on human health and 

the environment and states that ‘‘that 

this is an important issue that I hope 

gets passed.’’ 

Response 2: The commenter does not 

object to EPA’s proposed determination 

that the Sullivan County Area failed to 

timely attain the NAAQS. EPA 

appreciates the commenter’s 

acknowledgement of the health and 

environmental impacts from SO2

pollution. Regarding the commenter’s 

impression that the rule is only 

beneficial to those living in Sullivan 

County, EPA notes that the finding of 

failure to attain is specific to a portion 

of Sullivan County, Tennessee 

surrounding Eastman Chemical based 

on the Agency’s 2013 determination that 

the Area was not attaining the 1-hour 

SO2 standard. Since 2013, EPA has 

determined that areas in the vicinity of 

large SO2-emitting sources in the rest of 

the state are meeting the health-based 1- 

hour SO2 standard based on an 

assessment of available air quality data. 

Furthermore, based on EPA’s 2010 

promulgation of the 1-hour SO2

standard, states were required to submit 

a SIP revision to EPA to ensure their 

SIPs have the necessary provisions to 

provide for the implementation, 

attainment, and maintenance of the 

standard pursuant to section 110(a)(1) 

and 110(a)(2) of the CAA. Among other 

elements, this revision must include 

necessary or appropriate SO2 emission 

limits and standards, an appropriate air 

quality monitoring network, and a 


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19648 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 

permitting program to prevent any 

construction of new sources or source 

modifications from deteriorating air 

quality in areas meeting the NAAQS. 

III. Final Action 

EPA is taking final action to 

determine that the Sullivan County Area 

failed to attain the 2010 1-hour primary 

SO2 NAAQS by the applicable 

attainment date of October 4, 2018. As 

a result of this determination, the State 

of Tennessee is required under CAA 

section 179(d) to submit revisions to the 

Tennessee SIP for the Sullivan County, 

Tennessee SO2 nonattainment area to, 

among other elements, provide for the 

attainment of the respective standard as 

expeditiously as practicable but no later 

than April 5, 2027. At this time, EPA is 

not prescribing additional measures for 

the SO2 SIP revisions under CAA 

section 179(d)(2). Tennessee is required 

under CAA section 179(d) to submit a 

SIP revision meeting the requirements 

of sections 110 and 172 of the CAA to 

EPA by April 5, 2023. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and therefore was not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the PRA because it does 

not contain any information collection 

activities. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate of $100 million or 

more, as described in UMRA (2 U.S.C. 

1531–1538) and does not significantly 

or uniquely affect small governments. 

This action itself imposes no 

enforceable duty on any state, local, or 

tribal governments, or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. The finding of failure to 

attain SO2 NAAQS does not apply to 

tribal areas, and the rule does not 

impose a burden on Indian reservation 

lands or other areas where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. Thus, this rule 

does not have tribal implications and 

will not impose substantial direct costs 

on tribal governments or preempt tribal 

law as specified by Executive Order 

13175. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because the effect of this action is to 

trigger additional planning requirements 

under the CAA. This action does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes that this action does not 

have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

This action triggers additional planning 

requirements under the CAA. 

K. Congressional Review Act 

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). 

L. Judicial Review 

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, 

Lead, Pollution, Sulfur dioxide. 

Dated: March 30, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends chapter I, 

title 40 of the Code of Federal 

Regulations 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. 


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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 


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