Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 34577 

1A Board Order issued by the Board is a 

regulatory instrument which specifies air pollution 

control limits or requirements for a specific source 

or company. See 66 FR 53665, 53671 (October 23, 

2001) (Response 2I). 

2The Louisville Area was subsequently 

redesignated to attainment for the 1979 1-hour 

ozone NAAQS. See 66 FR 53665 (October 23, 2001). 

More recently, the Louisville Area was designated 

as Marginal nonattainment for the 2015 ozone 

NAAQS. See 83 FR 25776 (June 4, 2018). 

3EPA incorporated Regulation 6.42 into the 

Jefferson County portion of the Kentucky SIP on 

October 23, 2001. See 66 FR 53658. 

designated Coast Guard patrol personnel 

on-scene. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard will provide notification of 

this enforcement period via broadcast 

notice to mariners. 

Dated: June 1, 2022. 

Jonathan D. Theel, 

Captain, U.S. Coast Guard, Captain of the 

Port Delaware Bay. 

[FR Doc. 2022–12266 Filed 6–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0188; FRL–9775–02– 

R4] 

Air Plan Approval; Kentucky; Source 

Specific Changes for Jefferson County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the Kentucky State Implementation Plan 

(SIP), submitted by the Commonwealth 

of Kentucky, through the Energy and 

Environment Cabinet (Cabinet), on 

March 4, 2020, and supplemented on 

January 28, 2022. The changes were 

submitted on behalf of the Louisville 

Metro Air Pollution Control District 

(District), which has jurisdiction over 

Jefferson County, Kentucky, and make 

changes to a Reasonably Available 

Control Technology (RACT) 

determination for a specific major 

source of nitrogen oxides (NOX) and 

volatile organic compound (VOC) 

emissions. EPA is approving these 

changes as they are consistent with the 

Clean Air Act (CAA or Act). 

DATES: This rule is effective July 7, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0188. 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: 

Sarah LaRocca, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8994. Ms. LaRocca can also 

be reached via electronic mail at 

larocca.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is approving changes to the 

Kentucky SIP that were received by EPA 

on March 4, 2020, and supplemented on 

January 28, 2022. Approval of this 

submission incorporates Board Order— 

Amendment 2, issued by the Air 

Pollution Control Board of Jefferson 

County (Board) for American Synthetic 

Rubber Company (ASRC), into the SIP. 

This amended Board Order 1 replaces in 

the SIP the existing Board Order issued 

by the Board for ASRC. 

II. Analysis of State Submission 

Three counties in the Louisville area 

(Jefferson County in Kentucky and Clark 

and Floyd Counties in Indiana) were 

designated as nonattainment for ozone 

on March 3, 1978 (43 FR 8962). On 

November 6, 1991 (56 FR 56694), after 

the CAA Amendments of 1990 were 

enacted, Jefferson County and portions 

of Bullitt and Oldham Counties in 

Kentucky and the Indiana Counties of 

Clark and Floyd were designated as the 

Louisville Moderate ozone 

nonattainment area (Louisville Area) 

under section 107(d)(4)(A) as a result of 

monitored violations of the 1979 1-hour 

ozone national ambient air quality 

standards (NAAQS) during 1987–1989.2

Section 182(b)(2) of the CAA requires 

states to adopt RACT for all major 

stationary sources of VOC in Moderate 

and above ozone nonattainment areas. 

Section 182(f) of the CAA requires that 

the same provisions for major stationary 

sources of VOC shall also apply to major 

stationary sources of NOX. Therefore, 

pursuant to section 182(f), RACT is a 

requirement, with certain exceptions 

described therein, for major sources of 

NOX in ozone nonattainment areas 

where VOC RACT applies. 

To comply with the NOX RACT 

requirement, which was a result of the 

Moderate nonattainment area 

designation for the 1-hour ozone 

NAAQS, the District submitted Jefferson 

County Air Quality Regulation 6.42, 

Reasonably Available Control 

Technology Requirements for Major 

Volatile Organic Compound- and 

Nitrogen Oxides-Emitting Facilities, to 

EPA approval.3 Regulation 6.42 requires 

the establishment and implementation 

of RACT, including the determination 

and demonstration of compliance with 

RACT, for certain emission units located 

at a major stationary source of NOX or 

VOC emissions and requires that each 

determination of RACT approved by the 

District be submitted to EPA as a sourcespecific revision to the Kentucky SIP. 

RACT is defined at paragraph 1.66 of 

District Regulation 1.02 as meaning 

‘‘devices, systems, process 

modifications, or other apparatus or 

techniques, including pollution 

prevention approaches, that are 

reasonably available taking into account 

the necessity of imposing those controls 

in order to attain and maintain a 

national ambient air quality standard 

and the social, environmental, and 

economic impact of those controls.’’ 

As discussed in EPA’s June 22, 2001 

(66 FR 33505), proposal to redesignate 

the Louisville Area to attainment for the 

1979 1-hour ozone NAAQS, Regulation 

6.42 has been implemented in part by 

means of Board Orders adopted by the 

Air Pollution Control Board of Jefferson 

County. Such Board Orders contain 

NOX RACT and VOC RACT plans, 

which set forth RACT requirements for 

the source, including monitoring, 

recordkeeping, and reporting 

requirements, as attachments. 

On August 1, 2019, ASRC submitted 

a proposed RACT plan to the District for 

three new boilers, referred to as Boilers 

B5, B6, and B7, that are planned to be 

constructed to replace the facility’s 

existing Boiler Nos. 1, 2, 3, and 4. The 

Board approved Board Order— 


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34578 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 

4The existing SIP-approved Board Order does not 

include VOC RACT requirements. 

5Specifically, the RACT plan was updated to 

include revised NOX monitoring requirements that 

are better suited to the 30-day rolling average NOX

limit for the new boilers. 6See 62 FR 27968 (May 22, 1997). 

Amendment 1 on November 20, 2019. 

Board Order—Amendment 1 includes as 

an attachment a revised RACT plan that 

addresses RACT for both NOX and VOC 

emissions.4 On March 4, 2020, the 

District, through the Cabinet, submitted 

a SIP revision to EPA to replace the 

existing Board Order for ASRC with 

Board Order—Amendment 1. On 

November 17, 2021, the Board approved 

Board Order—Amendment 2, which 

includes an updated RACT plan.5 On 

January 28, 2022, the District, through 

the Cabinet, submitted to EPA a 

supplement to the March 4, 2020, SIP 

revision to replace Board Order— 

Amendment 1 with Board Order— 

Amendment 2. 

In a notice of proposed rulemaking 

(NPRM) published on April 26, 2022, 

see 87 FR 24510, EPA proposed to 

approve changes to the Jefferson County 

portion of the Kentucky SIP provided on 

March 4, 2020, and supplemented on 

January 28, 2022. The April 26, 2022, 

NPRM provides additional detail 

regarding the background and rationale 

for EPA’s action. Comments on the 

NPRM were due on or before May 26, 

2022. No comments were received on 

this action. 

III. 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 Board Order— 

Amendment 2, including the attached 

VOC/NOX RACT Plan, for ASRC, 

effective November 17, 2021, as 

discussed in Section II of this preamble. 

Also in this document, EPA is finalizing 

the removal of the Board Order for 

ASRC effective January 1, 2001, from 

the Kentucky SIP, which is incorporated 

by reference in accordance with the 

requirements of 1 CFR part 51. EPA has 

made, and will continue to make, the 

SIP generally available at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information) 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.6

IV. Final Action 

EPA is approving the replacement of 

the existing Board Order in the 

Kentucky SIP for ASRC with Board 

Order—Amendment 2, including the 

attached VOC/NOX RACT Plan, for 

ASRC, effective November 17, 2021, 

because it achieves at least the same 

level of NOX emission reductions as the 

previously SIP-approved Board Order 

and meets the VOC RACT requirements 

of Regulation 6.42. ASRC’s replacement 

of two existing coal-fired boilers and 

two existing natural gas-fired boilers 

with three new natural gas-fired boilers 

will achieve NOX and VOC emission 

reductions at the facility, and there are 

no potential air pollutant emission 

increases associated with this proposed 

SIP revision. EPA is approving these 

changes because they are consistent 

with SIP-approved Jefferson County Air 

Quality Regulation 6.42 and 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 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 August 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 


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Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 34579 

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, 

Incorporation by reference, Nitrogen 

oxides, Ozone, Reposting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: May 31, 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(d), amend the table by: 

■ a. Removing the entry for ‘‘Board 

Order American Synthetic Rubber 

Company’’; and 

■ b. Adding an entry at the end of the 

table for ‘‘Board Order for the American 

Synthetic Rubber Company— 

Amendment 2’’. 

The addition reads as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS

Name of Source Permit No. 

State 

effective 

date 

EPA approval date Explanations 

*******

Board Order for the American Synthetic Rubber 

Company—Amendment 2.

N/A 11/17/2021 6/7, 2022, [Insert citation of 

publication].

Including the attached VOC/ 

NOX RACT Plan. 

* * * * * 

[FR Doc. 2022–12065 Filed 6–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0573; FRL–9453–02– 

R9] 

Air Plan Approval; California; Mojave 

Desert Air Quality Management 

District, Placer County Air Pollution 

Control District; Correcting 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: On May 9, 2022, the 

Environmental Protection Agency (EPA) 

published a final rule in the Federal 

Register approving revisions to the 

Mojave Desert Air Quality Management 

District (MDAQMD), and Placer County 

Air Pollution Control District portions 

of the California State Implementation 

Plan (SIP). In that rulemaking, the EPA 

inadvertently included erroneous 

amendatory instructions codifying the 

replacement of the previously approved 

version of MDAQMD Rule 1115. This 

document corrects that error in the final 

rule’s amendatory instructions. 

DATES: This action is effective on June 

8, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Gong, EPA Region IX, (415) 972– 

3073, gong.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: In our 

final rule published May 9, 2022, the 

EPA inadvertently included errors in 

amendatory instructions that codified 

our deletion with replacement of the 

previously-approved version of 

MDAQMD Rule 1115, ‘‘Metal Parts and 

Products Coating Operations,’’ as 

amended on January 22, 2018, at 40 CFR 

52.220(c)(518)(i)(A)(6). That paragraph 

of the California SIP already codifies a 

similar deletion with replacement for 

MDAQMD Rule 1114, ‘‘Wood Products 

Coating Operations.’’ This error 

correction corrects the amendatory 

instructions to codify the replacement of 

the previously-approved version of 

MDAQMD Rule 1115 in a new 

paragraph at (c)(518)(i)(A)(8). 

In FR Doc. 2022–09726 appearing on 

page 27527 in the Federal Register of 

Monday, May 9, 2022, the following 

corrections are made: 

§ 52.220 [Corrected] 

■ 1. On page 27527, at the top of the 

third column, instruction 2, ‘‘Section 

52.220 is amended by adding 

paragraphs (c)(193)(i)(A)(4), 

(c)(419)(i)(B)(2), (c)(518)(i)(A)(6), and 

(c)(571) to read as follows:’’ is corrected 

to read as ‘‘2. Section 52.220 is amended 

by adding paragraphs (c)(193)(i)(A)(4), 

(c)(419)(i)(B)(2), (c)(518)(i)(A)(8), and 

(c)(571) to read as follows:’’ 

■ 2. On page 27527, at the bottom of the 

third column, in § 52.220, redesignate 

paragraph (c)(518)(i)(A)(6) as paragraph 

(c)(518)(i)(A)(8). 

Dated: May 31, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–12175 Filed 6–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2021–0374; FRL–9898– 

01–R5] 

Illinois: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final authorization. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting Illinois final 

authorization for changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The Agency published a 

Proposed Rule on February 1, 2022 and 

provided for public comment. No 

comments were received on the 

proposed revisions. No further 

opportunity for comment will be 

provided. 

DATES: This final authorization is 

effective June 7, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–RCRA–2021–0374. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 


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