Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27521 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 29, 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 L—Georgia 

§ 52.569 [Removed and Reserved] 

■ 2. Remove and reserve § 52.569; 

■ 3. In § 52.570, in paragraph (c), amend 

the table by revising the entry for ‘‘391– 

3–1–.02(7);’’ and in paragraph (e), 

amend the table by adding an entry at 

the end of the table for ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

2015 8-Hour Ozone NAAQS’’ 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–.02(7) ............ Prevention of Significant Deterioration of Air Quality 

(PSD).

7/29/2020 5/9/2022, [Insert citation of 

publication].

Except for the automatic rescission clause at 391–3–1 

–.02(7)(a)(2)(iv), which EPA disapproved on March 4, 

2016. Except for portions of Rule 391–3–1–.02(7) incorporating by reference 40 CFR 52.21(b)(2)(v), and 40 

CFR 52.21(b)(3)(iii)(c), because those CFR provisions 

were indefinitely stayed by the Fugitive Emissions Rule 

in the March 30, 2011 rulemaking and have not been 

approved into the Georgia SIP. 

*******

* * * * * (e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements 

for the 2015 8-Hour 

Ozone NAAQS.

Georgia ................... September 1, 2020 5/9/2022, [Insert citation 

of publication].

Addressing the PSD provisions related to 

major sources under sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 

3), and 110(a)(2)(J) only. 

[FR Doc. 2022–09706 Filed 5–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0062; FRL–9504–02– 

R4] 

Air Plan Approval; NC; Great Smoky 

Mountains National Park, RaleighDurham-Chapel Hill and Rocky Mount 

Areas Limited Maintenance Plans for 

the 1997 8-Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve state implementation plan (SIP) 

revisions submitted by the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources, Division of Air 

Quality (NCDAQ), in a letter dated 

September 22, 2020. The SIP revisions 

include the 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

Limited Maintenance Plans (LMPs) for 

the Great Smoky Mountains National 

Park (GSMNP), Raleigh-Durham-Chapel 

Hill (Triangle) and Rocky Mount, North 

Carolina Areas (collectively, ‘‘Areas’’). 

EPA is finalizing approval of the LMPs 

for the Areas because each LMP 

provides for the maintenance of the 

1997 8-hour ozone NAAQS within each 

of the Areas through the end of the 

second 10-year portion of the 

maintenance period. This action makes 

certain commitments related to 

maintenance of the 1997 8-hour ozone 

NAAQS in the Areas federallyenforceable as part of the North Carolina 

SIP. 

DATES: This rule is effective June 8, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0062. 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 


khammond on DSKJM1Z7X2PROD with RULES
27522 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

1See 69 FR 23857. 

2See 74 FR 63995 (December 7, 2009), 72 FR 

72948 (December 26, 2007), and 71 FR 64891 

(November 6, 2006). 

3Swain County in the GSMNP area was never 

subject to North Carolina’s I/M program. 

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: 

Dianna Myers, 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– 

9207. Ms. Myers can also be reached via 

electronic mail at myers.dianna@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Clean Air Act 

(CAA or Act), EPA is approving the 

Areas’ LMPs for the 1997 8-hour ozone 

NAAQS, adopted and submitted by 

NCDAQ as revisions to the North 

Carolina SIP on September 22, 2020. On 

April 15, 2004, EPA published a final 

rule designating the GSMNP, Triangle 

and Rocky Mount Areas nonattainment 

for the 1997 8-hour ozone NAAQS.1 The 

GSMNP nonattainment area included 

portions of Haywood and Swain 

Counties. The Triangle nonattainment 

area included Durham, Franklin, 

Granville, Johnston, Orange, Person and 

Wake Counties in their entirety and the 

Townships of Baldwin, Center, New 

Hope and Williams in Chatham County. 

The Rocky Mount nonattainment area 

included Edgecombe and Nash Counties 

in their entirety. Subsequently, EPA 

approved the maintenance plans for the 

GSMNP, Triangle and Rocky Mount 

Areas and redesignated the Areas to 

attainment for the 1997 8-hour ozone 

NAAQS.2

The Areas’ LMPs for the 1997 8-hour 

ozone NAAQS, submitted by NCDAQ 

on September 22, 2020, are designed to 

maintain the 1997 8-hour ozone NAAQS 

within the GSMNP, Triangle and Rocky 

Mount Areas through the end of the 

second 10-year portion of the 

maintenance period beyond 

redesignation. As a general matter, the 

Areas’ LMPs rely on the same control 

measures and relevant contingency 

provisions to maintain the 1997 8-hour 

ozone NAAQS during the second 10- 

year portion of the maintenance period 

as the maintenance plan submitted by 

NCDAQ for the first 10-year period. 

In a notice of proposed rulemaking 

(NPRM), published on February 11, 

2022 (87 FR 7970), EPA proposed to 

approve the Areas’ LMPs because the 

State made a showing, consistent with 

EPA’s prior LMP guidance, that the 

GSMNP, Triangle and Rocky Mount 

1997 8-hour NAAQS Areas’ ozone 

concentrations are well below the 1997 

8-hour ozone NAAQS and have been 

historically stable and that it met the 

other maintenance plan requirements. 

The details of North Carolina’s 

submission and the rationale for EPA’s 

action are explained further in the 

February 11, 2022, NPRM. Comments 

on the February 11, 2022, NPRM were 

due on or before March 14, 2022. 

II. Response to Comments 

One Commenter provided two 

separate comments on the February 11, 

2022, NPRM. EPA’s responses to those 

comments are provided below. 

Comment 1: The Commenter indicates 

that North Carolina’s SIP submissions 

and EPA’s proposed approval are reliant 

on emissions from North Carolina’s 

vehicle inspection and maintenance 

(I/M) program. Specifically, the 

Commenter expresses concerns about 

the effectiveness of the I/M program, 

citing expired tags, which the 

Commenter asserts indicate lapsed 

inspections and taxes to support 

highway safety measures. 

Response 1: Neither of the 

maintenance plans for GSMNP and 

Rocky Mount are reliant on emission 

reductions from North Carolina’s I/M 

program, so the comment is not 

applicable to this action as it relates to 

those areas. No county in the GSMNP 

and Rocky Mount Areas is subject to the 

North Carolina I/M program, and in a 

previous action, EPA approved a SIP 

revision which removed the applicable 

counties in the GSMNP and Rocky 

Mount Areas from North Carolina’s I/M 

program on the basis that the emissions 

reductions from the program in these 

counties were not necessary to attain or 

maintain the NAAQS or meet any other 

applicable requirement of the CAA.3 See 

83 FR 48383 (September 25, 2018). 

With regards to the Triangle Area, the 

maintenance plan is partially reliant on 

emission reductions from North 

Carolina’s I/M program. As mentioned 

above, the Triangle Area includes 

Durham, Franklin, Granville, Johnston, 

Orange, Person and Wake Counties in 

their entirety and the Townships of 

Baldwin, Center, New Hope and 

Williams in Chatham County. Person 

County was never subject to North 

Carolina’s I/M program, and thus, no 

emissions reductions from Person 

County related to North Carolina’s I/M 

program were ever relied on in North 

Carolina’s maintenance plan for the 

Triangle. Additionally, in the 

aforementioned September 25, 2018 

action, EPA approved a SIP revision 

removing Chatham, Granville and 

Orange Counties in the Triangle Area 

from North Carolina’s I/M program, 

finding that emission reductions from 

North Carolina’s I/M programs were not 

needed from Chatham (which includes 

the Townships of Baldwin, Center, New 

Hope, and Williams), Granville and 

Orange Counties in the Triangle Area for 

that Area to stay in attainment and show 

continued maintenance for the NAAQS. 

See 83 FR 48383. Durham, Franklin, 

Johnston and Wake Counties are still 

subject to North Carolina’s I/M program, 

and in a recent action, EPA approved a 

SIP revision from North Carolina to 

change the model year coverage for 

vehicles subject to North Carolina’s I/M 

program. See 84 FR 47889 (September 

11, 2019). In that action, EPA affirmed 

that the change to the model year 

coverage for vehicles in the applicable 

counites in the Triangle Area would not 

interfere with NAAQS compliance. 

While EPA appreciates the 

Commenter’s concerns related to 

possible expired tags, this is an 

enforcement and compliance issue, and 

expired tags alone are not indicative of 

the Triangle Area not being in overall 

compliance with the NAAQS. Ambient 

air monitoring is the tool that EPA uses 

to determine ongoing compliance with 

the NAAQS in this Area. Currently, the 

Triangle Area is in compliance for all 

NAAQS, and has been in compliance 

with all NAAQS for the past several 

years. EPA also notes that EPA’s SIP 

authority does not extend to requiring 

taxes to support highway safety 

measures, so this concern is not relevant 

to EPA’s action. 

Comment 2: The Commenter appears 

to indicate that monitors in Wake 

County are not sited correctly to 

measure ambient air quality in the 

County, and therefore, do not provide 

adequate data to support EPA’s action. 

Specifically, the Commenter questions 

the placement of the monitors, the 

sufficiency of the data that is collected, 

and the methods used to collect the 

data. In support of these assertions, the 

Commenter compares the Town of 

Fuquay Varina, metropolitan downtown 

Raleigh, and Durham (‘‘the State 

Capital’’). The Commenter also asserts 

that projects may have been 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27523 

4EPA’s approval letter for North Carolina’s 

monitoring network is included in the docket for 

this final rulemaking. 

‘‘intentionally steered clear’’ of monitors 

‘‘to provide an unrealistic picture of 

Wake County air degradation.’’ 

Response 2: EPA disagrees with the 

Commenter’s assertion that the monitors 

in Wake County are not sited 

appropriately to collect sufficient data 

to determine compliance with the 

NAAQS and support EPA’s action. By 

regulation, states are required annually 

to submit monitoring network plans to 

provide their strategies for measuring 

ambient air quality statewide. EPA 

reviews these air monitoring network 

plans and makes determinations as to 

whether the plans are consistent with 

EPA’s monitoring requirements at 40 

CFR part 58. EPA last approved North 

Carolina’s monitoring network plan on 

October 27, 2021, and made the 

determination (among other 

determinations) that North Carolina’s 

monitoring network is adequate to 

measure ambient air quality for ozone 

statewide, including in Wake County.4

As discussed in the NPRM, the LMPs for 

the Areas contain the State’s 

commitment to continue to maintain a 

monitoring network in accordance with 

EPA requirements. 

Further, EPA is not clear on the 

Commenter’s assertion that projects may 

have been ‘‘intentionally steered clear’’ 

of monitors ‘‘to provide an unrealistic 

picture of Wake County air 

degradation,’’ and how this relates to air 

quality in the County. Notably, ozone is 

not directly emitted but instead is 

formed in the atmosphere under certain 

conditions with a mix of precursors, so 

it would not be possible for projects to 

be ‘‘intentionally steered clear’’ of ozone 

monitors to hypothetically manipulate 

air quality in the Area. In addition, the 

Commenter does not provide any 

technical information to support the 

assertions that ambient air quality 

monitoring in Wake County is not 

adequate. 

III. Final Action 

EPA is taking final action to approve 

the GSMNP, Triangle and Rocky Mount 

LMPs for the 1997 8-hour ozone 

NAAQS, submitted by NCDAQ on 

September 22, 2020, as revisions to the 

North Carolina SIP. EPA is approving 

the Areas’ LMPs because each LMP 

includes an sufficient update of various 

elements of the 1997 8-hour ozone 

NAAQS Maintenance Plans approved 

by EPA for the first 10-year period 

(including emissions inventory, 

assurance of adequate monitoring and 

verification of continued attainment, 

and contingency provisions), and 

retains the relevant provisions of the SIP 

under sections 110(k) and 175A of the 

CAA. 

EPA also finds that the Areas qualify 

for the LMP option and that the Areas’ 

LMPs are sufficient to provide for 

maintenance of the 1997 8-hour ozone 

NAAQS in the Areas over the second 

10-year maintenance period (i.e., 

through January 6, 2030 for the GSMNP 

Area, through January 5, 2027, for the 

Rocky Mount Area, and through 

December 26, 2027, for the Triangle 

Area). 

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. These actions merely approve 

state law as meeting Federal 

requirements and do not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these actions: 

• Are not significant regulatory 

actions 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); 

• Do not impose information 

collection burdens under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having 

significant economic impacts on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandates or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have federalism implications 

as specified in Executive Order 13132 

(64 FR 43255, August 10, 1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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). 

These SIP revisions are 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 these actions 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. These actions are 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 these 

actions must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 8, 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. These actions 

may not be challenged later in 

proceedings to enforce their 

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 oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 


khammond on DSKJM1Z7X2PROD with RULES
27524 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

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. 

Dated: April 29, 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 II—North Carolina 

■ 2. In § 52.1770(e), amend the table by 

adding an entry for ‘‘1997 8-hour Ozone 

NAAQS 2nd Maintenance Plans 

(Limited Maintenance Plans) for the 

Great Smoky Mountains National Park, 

Raleigh-Durham-Chapel Hill, and Rocky 

Mount, North Carolina Areas’’ at the 

end of the table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision 

State 

effective 

date 

EPA 

approval 

date 

Federal Register 

citation Explanation 

******

1997 8-hour Ozone NAAQS 2nd Maintenance Plans (Limited Maintenance Plans) for the Great Smoky Mountains National Park, RaleighDurham-Chapel Hill, and Rocky Mount, North Carolina Areas.9/22/2020 5/9/2022 [Insert citation of 

publication].

[FR Doc. 2022–09703 Filed 5–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0686; FRL–9124–02– 

R4] 

Air Plan Approval; Kentucky; Fugitive 

Emissions Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

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 finalizing approval 

of these changes pursuant to the Clean 

Air Act (CAA or Act). 

DATES: This rule is effective June 8, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0686. 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: 

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. Background 

On October 15, 2020, the 

Commonwealth submitted changes to 

the Kentucky SIP for EPA approval.1

The changes include updates to 

Regulation 401 KAR 63:010—Fugitive 

Emissions, which establishes control 

requirements for fugitive emissions. The 

October 15, 2020, SIP revision contains 

primarily minor non-substantive 

changes which concern minor language 

edits and renumbering changes 

throughout regulation 401 KAR 63:010. 

Additionally, the revision includes the 

removal of one provision regarding 

nuisances, the addition of one new 

requirement to use EPA’s Reference 

Method 22, and the incorporation of two 

new definitions for ‘‘Emission time’’ 

and ‘‘Observation period,’’ to support 

this new requirement. 

On March 8, 2022, EPA publish a 

notice of proposed rulemaking (NPRM) 

to approve the October 15, 2020, SIP 

revisions regarding 401 KAR 63:010. 

EPA’s March 8, 2022, NPRM provides 

additional details regarding the 

background for this action and EPA’s 

rationale for approving this revision. 

See 87 FR 12904. Comments on the 

March 8, 2022, NPRM were due on or 

before April 7, 2022. EPA received no 

comments on the March 8, 2022, NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Kentucky’s Regulation 

401 KAR 63:010—Fugitive Emissions, 

state effective on June 30, 2020, which 


khammond on DSKJM1Z7X2PROD with RULES