53662 Federal Register / Vol. 66, No. 205 / Tuesday, October 23, 2001 / Rules and Regulations

EPA—APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY—Continued

Reg Title/subject EPA approval date Federal Register notice District effective date

7.15 ............. Standards of Performance for Gasoline Transfer to New Service Station Storage Tanks (Stage I Vapor Recovery).11/23/01 66 FR 53662 .................................. 4/20/88

7.18 ............. Standards of Performance for New Solvent Metal Cleaning

Equipment.

11/23/01 66 FR 53662 .................................. 5/15/91

7.20 ............. Standard of Performance for New Gasoline Loading Facilities

at Bulk Plants.

11/23/01 66 FR 53662 .................................. 11/16/83

7.22 ............. Standard of Performance for New Volatile Organic Materials

Loading Facilities.

11/23/01 66 FR 53662 .................................. 3/17/93

7.25 ............. Standard of Performance for New Sources Using Volatile Organic Compounds.11/23/01 66 FR 53662 .................................. 3/17/93

7.34 ............. Standard of Performance for New Sulfite Pulp Mills ................. 11/23/01 66 FR 53662 .................................. 6/13/79

7.35 ............. Standard of Performance for New Ethylene Producing Plants 11/23/01 66 FR 53662 .................................. 6/13/79

7.36 ............. Standard of Performance for New Volatile Organic Compound

Water Separators.

11/23/01 66 FR 53662 .................................. 6/13/79

7.51 ............. Standard of Performance for New Liquid Waste Incinerators ... 11/23/01 66 FR 53662 .................................. 1/20/88

7.52 ............. Standard of Performance for New Fabric, Vinyl, and Paper

Surface Coating Operations.

11/23/01 66 FR 53662 .................................. 5/15/91

7.55 ............. Standard of Performance for New Insulation of Magnet Wire .. 11/23/01 66 FR 53662 .................................. 3/17/93

7.56 ............. Standard of Performance for Leaks from New Petroleum Refinery Equipment.11/23/01 66 FR 53662 .................................. 5/15/91

7.57 ............. Standard of Performance for New Graphic Arts Facilities

Using Rotogravure and Flexography.

11/23/01 66 FR 53662 .................................. 5/15/91

7.58 ............. Standard of Performance for New Factory Surface Coating

Operations of Flat Wood Paneling.

11/23/01 66 FR 53662 .................................. 5/15/91

7.59 ............. Standard of Performance for New Miscellaneous Metal Parts

and Products Surface Coating Operations.

11/23/01 66 FR 53662 .................................. 4/23/96

7.60 ............. Standard of Performance for New Synthesized Pharmaceutical Product Manufacturing Operations.11/23/01 66 FR 53662 .................................. 5/15/91

7.77 ............. Standards of Performance for New Blast Furnace Casthouses 11/23/01 66 FR 53662 .................................. 10/20/93

7.81 ............. Standard of Performance for New or Modified Bakery Oven

Operations.

11/23/01 66 FR 53662 .................................. 5/17/00

Reg 8 Mobile Source Emissions Control

8.01 ............. Mobile Source Emissions Control Requirements ...................... 11/23/01 66 FR 53662 .................................. 7/14/00

8.02 ............. Vehicle Emissions Testing Procedure ....................................... 11/23/01 66 FR 53662 .................................. 7/14/00

8.03 ............. Commuter Vehicle Testing Requirements ................................. 07/28/95 60 FR 3870 .................................... 3/1/93

* * * * *

[FR Doc. 01–25892 Filed 10–22–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–131, and KY–133–200201; FRL–7083–

1a]

Approval and Promulgation of Air

Quality Implementation Plans;

Kentucky: Approval of Revisions to

State Implementation Plan, Source

Specific Requirements, and

Nonregulatory Provisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving revisions to

the Kentucky State Implementation Plan

(SIP) which concern the control of

emissions of volatile organic

compounds (VOC) at a specific source

in Bullitt County, Kentucky (Publisher’s

Printing, Inc.), and Regulation 6.49

adopted by the Air Pollution Control

District of Jefferson County (APCDJC),

Kentucky. Regulation 6.49 specifies

reasonably available control technology

(RACT) control requirements for VOC

emissions at Reactor Processes and

Distillation Operations Processes in the

Synthetic Organic Chemical

Manufacturing Industry (SOCMI). In

addition, EPA is approving negative

declarations from Kentucky and from

the APCDJC for certain categories of

sources subject to Control Techniques

Guidelines (CTGs).

EFFECTIVE DATE: This final rule is

effective on November 23, 2001.

ADDRESSES: Copies of documents

relative to this action are available at the

following addresses for inspection

during normal business hours. People

who want to examine these documents

should make an appointment at least 24

hours in advance of the day they want

to visit and they should reference files

KY–127 and KY–128.

U.S. Environmental Protection

Agency—Region 4, Air Planning

Branch, Regulatory Development

Section, 61 Forsyth Street, SW., Atlanta,

Georgia 30303; Commonwealth of

Kentucky, Division for Air Quality, 803

Schenkel Lane, Frankfort, Kentucky

40601–1403; Air Pollution Control

District of Jefferson County, 850 Barret

Avenue, Louisville, Kentucky 40204.

FOR FURTHER INFORMATION CONTACT:

Raymond S. Gregory, Environmental

Engineer, Regulatory Development

Section, Air Planning Branch, U.S.

Environmental Protection Agency,

Region 4, 61 Forsyth Street, SW.,

Atlanta, Georgia 30303, (404) 562–9116.

Mr. Gregory can also be reached via

electronic mail at gregory.ray@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

II. Final Action

III. Administrative Requirements

I. Background

Under the Clean Air Act (CAA)

section 107(d)(4)(A), on November 6,

1991 (56 FR 56694), all of Jefferson

Federal Register / Vol. 66, No. 205 / Tuesday, October 23, 2001 / Rules and Regulations 53663

County, 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, as a result of

monitored violations of the 1-hour

ozone National Ambient Air Quality

Standard (NAAQS) during the 1987–

1989 time frame. Since that time,

Kentucky, Indiana and the APCDJC have

adopted and implemented programs

required under the CAA for a moderate

1-hour ozone nonattainment area to

reduce emissions of VOC and NOX

which are precursors of ozone.

Since the Louisville area was

classified as moderate ozone

nonattainment, in order to be

redesignated, the Louisville area is

required to meet the applicable CAA

requirements of subpart 2 of part D

including RACT requirements for three

classes of VOC sources (section

182(b)(2)). The categories are: (A) All

sources covered by a CTG document

issued between November 15, 1990, and

the date of attainment; (B) all sources

covered by a CTG issued prior to

November 15, 1990; and (C) all other

major non-CTG stationary sources of

VOCs.

EPA is approving a source-specific

non-CTG VOC RACT determination for

Publisher’s Printing, Inc., submitted on

July 3, 2001, by Kentucky as one of the

requisites (182(b)(2)(C)) for

redesignation of the Kentucky portion of

the Louisville 1-hour ozone

nonattainment area.

Kentucky submitted a negative

declaration on December 14, 1999, for

the CTG categories of aerospace,

SOCMI, shipbuilding, and wood

furniture manufacturing which would

apply to the nonattainment portions of

Oldham and Bullitt Counties. The

APCDJC submitted a negative

declaration for Jefferson County for the

same four CTG categories on February

26, 2001. The APCDJC withdrew the

negative declaration for the SOCMI

category on May 1, 2001. EPA is

approving the negative declaration from

Kentucky (CTG categories of aerospace,

SOCMI, shipbuilding, and wood

furniture manufacturing), and the

negative declaration from the APCDJC

(CTG categories of aerospace,

shipbuilding, and wood furniture

manufacturing). These negative

declarations partially fulfill the CAA

requirements under 182(b)(2)(A) in the

Kentucky portion of the Louisville 1-

hour ozone nonattainment area.

APCDJC adopted Regulation 6.49 for

control of VOCs from SOCMI sources

and Kentucky submitted APCDJC’s

Regulation 6.49 on July 18, 2001. Final

approval of Regulation 6.49 completes

the CAA requirement relative to the

Kentucky portion of the Louisville 1-

hour ozone nonattainment area for

182(b)(2)(A) and is also a requisite to

redesignation of the Louisville area.

On July 23, 2001, (66 FR 38229) EPA

published a notice of proposed

rulemaking (NPR) proposing to approve

the above revisions and negative

declarations. That NPR provided for a

public comment period ending on

August 22, 2001. A detailed description

of the SIP revisions and EPA’s rationale

for approving them and the negative

declarations was provided in the

proposed rule and will not be restated

here. No comments were received on

EPA’s proposal.

II. Final Action

In today’s action, the EPA is

approving SIP revisions submitted by

Kentucky to address outstanding VOC

RACT requirements of subpart 2 of Part

D, in particular section 182(b)(2), of the

CAA. The SIP revisions EPA is

approving are VOC RACT requirements

for sources subject to the SOCMI CTG

for Jefferson County (Regulation 6.49),

and source specific VOC RACT

requirements for Publisher’s Printing,

Inc., in Bullitt County, Kentucky. EPA’s

review of Regulation 6.49 found it to

follow the CTG model regulation. EPA

found that the VOC RACT requirements

specified by Kentucky for Publisher’s

Printing, Inc., follow the requirements

in EPA’s September 1993 draft,

‘‘Guideline Series—Control of Volatile

Organic Compound Emissions from

Offset Lithographic Printing’’ and EPA’s

June 1994, ‘‘Alternative Control

Techniques Document: Offset

Lithographic Printing’’ and are

approvable as meeting section

182(b)(2)(C) requirements for

Publisher’s Printing, Inc. Kentucky

submitted the title V permit for

Publisher’s Printing, Inc., as a sourcespecific SIP revision.

EPA is approving the negative

declaration from Kentucky for the CTG

categories of aerospace, SOCMI,

shipbuilding, and wood furniture

manufacturing, and the negative

declaration from the APCDJC for the

CTG categories of aerospace,

shipbuilding, and wood furniture

manufacturing as meeting the section

182(b) VOC RACT requirement for these

source categories in the Kentucky

portion of the Louisville 1-hour ozone

nonattainment area.

The EPA has reviewed Kentucky’s

requested revisions of the federallyapproved SIP for conformance with the

provisions of the 1990 amendments

enacted on November 15, 1990. The

Agency has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

implementation plan. Each request for

revision to the SIP shall be considered

separately in light of specific technical,

economic, and environmental factors

and in relation to the relevant statutory

and regulatory requirements.

III. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. For

this reason, this action is also not

subject to Executive Order 13211,

‘‘Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use’’ (66 FR 28355, May

22, 2001). This action merely approves

state law as meeting Federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule approves pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4).

This rule also does not have tribal

implications because it will not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000). This

action also does not have Federalism

implications because it does 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, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This action merely

approves a state rule implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

CAA. This rule also is not subject to

Executive Order 13045 ‘‘Protection of

Children from Environmental Health

53664 Federal Register / Vol. 66, No. 205 / Tuesday, October 23, 2001 / Rules and Regulations

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the CAA. Thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. section 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 rule 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. section 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 December 24, 2001. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule 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, Intergovernmental

relations, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: September 18, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Chapter I, title 40, Code of Federal

Regulations, is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart S—Kentucky

2. Section 52.920 is amended:

a. By adding a new entry in numerical

order to the last table in paragraph (c).

b. By adding a new entry to the end

of the table in paragraph (d).

c. By adding new entries in numerical

order to the table in paragraph (e).

The additions read as follows:

§ 52.920 Identification of plan.

* * * * *

(c) EPA-approved regulations.

* * * * * * *

EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject EPA approval date Federal Register Notice District effective date

*******

Reg 6 Standards of Performance for Existing Affected Facilities

*******

6.49 Standards of Performance for Reactor Processes and Distillation Operations

Processes in the Synthetic Organic Chemical Manufacturing Industry.

10/23/01 66 FR 53664 .................... 06/20/01

*******

(d) EPA-approved source-specific requirements.

* * * * *

EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit number State effective date

EPA approval date Federal Register Notice

*******

Title V permit requiring VOC RACT

for Publisher’s Printing, Inc., Bullitt

County.

KDEPDAQ Permit 21–029–00019 ... 07/20/01 10/23/01 66 FR 53664

(e) EPA-approved nonregulatory provisions.

Federal Register / Vol. 66, No. 205 / Tuesday, October 23, 2001 / Rules and Regulations 53665

EPA-APPROVED KENTUCKY NONREGULATORY PROVISIONS

Appendix Title/subject State effective date

EPA approval date Federal Register Notice

*******

21 ............ Negative Declarations for the nonattainment portions of Bullitt and

Oldham Counties in Louisville 1-hour moderate ozone nonattainment area for CTG rules for aerospace, SOCMI, shipbuilding,

and wood furniture manufacturing.

12/14/99 10/23/01 66 FR 53665

22 ............ Negative Declarations submitted by the Air Pollution Control District of Jefferson County for the Louisville 1-hour moderate

ozone nonattainment area for CTG rules for aerospace, shipbuilding, and wood furniture manufacturing.

02/26/01 10/23/01 66 FR 53665

[FR Doc. 01–25893 Filed 10–22–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[KY–117; KY–126; KY–129; KY–132–200202;

IN–121–3; FRL–7082–9]

Approval and Promulgation of

Implementation Plans and

Redesignation of Areas for Air Quality

Planning Purposes; Kentucky and

Indiana; Approval of Revisions to State

Implementation Plan; Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is determining that the

Louisville moderate 1-hour ozone

nonattainment area (Louisville area) has

attained the 1-hour ozone National

Ambient Air Quality Standard

(NAAQS). The Louisville area includes

Jefferson County, and portions of Bullitt

and Oldham Counties, Kentucky; and

Clark and Floyd Counties, Indiana. This

determination is based on three years of

complete, quality-assured, ambient air

monitoring data for the 1998 to 2000

ozone seasons. On the basis of this

determination, EPA is also determining

that the State Implementation Plan (SIP)

submissions for certain reasonable

further progress (RFP) and attainment

demonstration requirements, along with

certain other related requirements of

part D of title I of the Clean Air Act

(CAA), are not applicable to the area.

EPA is also approving Kentucky’s and

Indiana’s requests submitted March 30,

2001, and April 11, 2001, respectively,

as subsequently supplemented, to

redesignate the Louisville area to

attainment for the 1-hour ozone

NAAQS. In approving these requests,

EPA is approving the plans for

maintaining the 1-hour ozone NAAQS

through 2012, as revisions to the

Kentucky and Indiana (States) SIPs. EPA

is also approving and finding adequate

Kentucky’s and Indiana’s motor vehicle

emission budgets (MVEBs) for volatile

organic compounds (VOC) and nitrogen

oxides(NOX) in the submitted

maintenance plans for transportation

conformity purposes. Approval of the

MVEBs is based in part on commitments

submitted by the States to use the

MOBILE6 mobile emission model

within a specific timeframe when it

becomes available to update the MVEBs.

Finally, EPA is approving sourcespecific Board Orders to control NOX

emissions from 11 sources in Jefferson

County, Kentucky. This action finalizes

EPA’s proposed rulemakings to

determine that the Louisville area has

attained the 1-hour ozone NAAQS; and

to redesignate both the Kentucky and

Indiana portions of the Louisville area

to attainment for the 1-hour ozone

NAAQS, and to approve the 11 sourcespecific NOX Reasonably Available

Control Technology (RACT) Board

Orders as revisions to the Kentucky SIP.

EFFECTIVE DATE: This action will be

effective on November 23, 2001.

ADDRESSES: Copies of Kentucky’s

submittals, as well as other information,

are available for inspection during

normal business hours at the following

locations. U.S. Environmental

Protection Agency, Region 4, Air

Planning Branch, Regulatory

Development Section, 61 Forsyth Street,

SW., Atlanta, Georgia 30303.

Commonwealth of Kentucky, Division

for Air Quality, 803 Schenkel Lane,

Frankfort, Kentucky 40601–1403. Air

Pollution Control District of Jefferson

County, 850 Barret Avenue, Louisville,

Kentucky 40204. Persons wishing to

examine these documents should make

an appointment at least 24 hours before

the visiting day and reference files KY–

117, KY–126, KY–129, and KY–132.

Copies of Indiana’s submittals, as well

as other information, are available for

inspection during normal business

hours at the following locations. U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division,

Air Programs Branch (AR–18J),

Regulation Development Section, 77

West Jackson Boulevard, Chicago,

Illinois 60604. Indiana Department of

Environmental Management, Office of

Air Quality, 100 North Senate Avenue,

P.O. Box 6015, Indianapolis, Indiana

46206–6015. Indiana Department of

Environmental Management Southwest

Regional Office, 208 NW 4th Street,

Suite 201, Evansville, Indiana 47708–

1353. Persons wishing to examine these

documents should make an

appointment at least 24 hours before the

visiting day and reference file IN–121–

3.

FOR FURTHER INFORMATION CONTACT:

Allison Humphris, Environmental

Scientist, or Raymond Gregory,

Environmental Engineer, U.S.

Environmental Protection Agency,

Region 4, Air Planning Branch,

Regulatory Development Section, 61

Forsyth Street, SW., Atlanta, Georgia

30303, (404) 562–9030, (404) 562–9116,

(Humphris.Allison@epa.gov)

(Gregory.Ray@epa.gov). Mary Portanova,

Environmental Engineer, U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division,

(AR–18J), Air Programs Branch,

Regulation Development Section, 77

West Jackson Boulevard, Chicago,

Illinois 60604, (312) 353–5954,

(Portanova.Mary@epa.gov)

Table of Contents

I. What is the background for these actions?

II. What comments did we receive and what

are our responses?

III. What actions are we taking?

IV. Why are we taking these actions?

V. What are the effects of these actions?

VI. Administrative requirements

Whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are

used it means EPA.

I. What Is the Background for These

Actions?

The Louisville area was designated as

an ozone nonattainment area in March