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 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27525 

2EPA notes that throughout the March 8, 2022, 

NPRM, the Agency referenced to this provision as 

paragraph 3(4). EPA’s intention was to reference 

Section 3, Paragraph (4), which was shorthanded to 

paragraph 3(4). 

3See 62 FR 27968 (May 22, 1997). 

updates the Commonwealth’s fugitive 

emission provisions, except for the 

nuisance provision added to Section 3, 

Paragraph (4).2 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.3

III. Final Action 

EPA is approving the revision to 

Regulation 401 KAR 63:010—Fugitive 

Emissions, which updates the 

Commonwealth’s fugitive emissions 

rule. EPA is finalizing the approval of 

these changes to the SIP 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 that they meet the criteria of 

the CAA. This action merely approves 

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 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. This action may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2) of the CAA. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation byreference, 

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 S—Kentucky 

■ 2. In § 52.920(c), table 1 is amended 

by revising the entry for ‘‘401 KAR 

63:010’’ to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 


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27526 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

1 86 FR 27344. 

2CARB’s rescission request cites to four Code of 

Federal Regulations (CFR) provisions for SCAQMD 

Rule 1107; however, since three of the CFR 

provisions are previous versions of the Rule that 

were replaced by more recent versions, and are 

therefore no longer in the SIP, EPA is interpreting 

this as a request to remove the latest (and only) 

version of SCAQMD Rule 1107 applicable in the 

Riverside County portion of the MDAQMD, namely, 

the version submitted on May 13, 1993, and listed 

at 40 CFR 52.220(c)(193)(i)(A)(1). 

TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

401 KAR 63:010 ................ Fugitive emissions ............ 6/30/2020 5/9/2022 [Insert citation of 

publication].

Except for the nuisance provision found 

in Section 3, Paragraph (4). 

* * * * * * * 

* * * * * 

[FR Doc. 2022–09704 Filed 5–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0573; FRL–9453–01– 

R9] 

Air Plan Approval; California; Mojave 

Desert Air Quality Management 

District, Placer County Air Pollution 

Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Mojave Desert 

Air Quality Management District 

(MDAQMD) and the Placer County Air 

Pollution Control District (PCAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOCs) from metal 

coating operations and general 

regulatory definitions. We are also 

finalizing the rescission of South Coast 

Air Quality Management District 

(SCAQMD) Rule 1107, Coating of Metal 

Parts and Products, as it applies to the 

Riverside County portion of the 

MDAQMD. We are approving these 

revisions, including local rules and a 

rescission, under the Clean Air Act 

(CAA or the Act). 

DATES: This rule is effective on June 8, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0573. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Arnold Lazarus, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3024 or by 

email at lazarus.arnold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 20, 2021,1 the EPA proposed 

to approve the following rules into the 

California SIP. 

Local agency Rule No. Rule title Amended Submitted 

MDAQMD ..................... 1115 Metal Parts & Products Coating Operations ........................ June 8, 2020 .......... July 24, 2020. 

PCAPCD ...................... 102 Definitions ............................................................................. June 11, 2020 ........ July 24, 2020. 

We proposed to approve these rules 

because we determined that they 

comply with the relevant CAA 

requirements. In addition to replacing the previous 

versions of the submitted rules listed in 

Table 1, the EPA proposed to rescind 

South Coast Air Quality Management 

District (SCAQMD) Rule 1107, Coating 

of Metal Parts and Products, as it 

applies to the Riverside County portion 

of the MDAQMD, as requested by the 

California Air Resources Board (CARB).2

In our May 20, 2021 proposal, the 

EPA also proposed to approve revisions 

to SCAQMD Rule 1107; however, we are 

not finalizing that action at this time. 

Our proposed action contains more 

information on the rules and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. We 

received three comments during this 

period, and each one was supportive of 

this proposed action. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules and 

rule rescission discussed above and as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving these rules and rule 

rescission into the California SIP 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 


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