Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39741

C. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2) and 7410(k)(3).

D. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

E. Submission to Congress and the

General Accounting Office

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 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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

F. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by September 22,

1998. 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: June 19, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 52 of 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 by

adding paragraph (c)(89) to read as

follows:

§ 52.920 Identification of plan.

* * * * *

(c)

(89) Revisions to the Kentucky State

Implementation Plan submitted by the

Natural Resources and Environmental

Protection Cabinet on December 19,

1997. The regulations being revised are

401 KAR 50:012 General application

and 401 KAR 51:010 Attainment status

designations.

(i) Incorporation by reference.

Division of Air Quality regulations 401

KAR 50:012 General application and

401 KAR 51:010 Attainment status

designations are effective November 12,

1997.

(ii) Other material. None.

[FR Doc. 98–19841 Filed 7–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–93–9821a; FRL–6125–8]

Approval and Promulgation of

Implementation Plans; Commonwealth

of Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a revision to

the Commonwealth of Kentucky’s State

Implementation Plan (SIP) for the

Prevention of Significant Deterioration

(PSD) of air quality. The revision was

submitted to EPA on March 21, 1997, by

the Commonwealth of Kentucky

through the Kentucky Natural Resources

and Environmental Protection Cabinet.

The PSD rule is revised to incorporate

the Federal PSD rule revisions. The

changes to the rules incorporate

revisions to the ‘‘Guidelines on Air

Quality Models’’ document and revise

the allowable increase of particulate

matter from increments for suspended

particulate (TSP) to increments for

particulate matter with an aerodynamic

diameter of less than or equal to a

nominal 10 micrometers (PM10). The

revision also includes the Federal

exclusion for pollution control projects

undertaken at electric utility units.

DATES: This final rule is effective

September 22, 1998 unless adverse or

critical comments are received by

August 24, 1998. If adverse comment is

received, EPA will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Written comments on this

action should be addressed to Karla L.
39742 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations

McCorkle at the Environmental

Protection Agency, Region 4, Air

Planning Branch, 61 Forsyth Street, SW,

Atlanta, Georgia 30303. Copies of

documents relative to this action are

available for public inspection during

normal business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day. Reference file

KY–93–9821. The Region 4 office may

have additional background documents

not available at the other locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Commonwealth of Kentucky, Natural

Resources and Environmental

Protection Cabinet, 803 Schenkel

Lane, Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT:

Karla L. McCorkle at 404/562–9043.

SUPPLEMENTARY INFORMATION: On March

21, 1997, the Commonwealth of

Kentucky through the Kentucky Natural

Resources and Environmental

Protection Cabinet submitted a revision

to the Prevention of Significant

Deterioration (PSD) rule of the Kentucky

SIP. The SIP revision proposes to

incorporate the Federal PSD rule

revisions. The changes to the Federal

rule include a revision to the ‘‘Guideline

on Air Quality Models’’ document in

the PSD rules, as publicized in the

Federal Register July 20, 1993 and

August 9, 1995, revision to the PSD

allowable increases to PM10

increments, as publicized in the Federal

Register June 3, 1993, and the exclusion

for pollution control projects

undertaken at electric utility units as

publicized in the Federal Register July

21, 1992. The specific rule revisions

from the March 21, 1997, submittal that

are being approved in this action are

discussed below.

Rule 401 KAR 51:017 Sections 1–20—

Throughout these sections, the term

‘‘administrative’’ was added before the

word ‘‘regulation’’ for clarity.

Rule 401 KAR 51:017 Section 1—

Definitions consistent with Federal

definitions are added for ‘‘clean coal

technology,’’ ‘‘clean coal technology

demonstration project,’’ ‘‘electric utility

steam generating unit,’’ ‘‘pollution

control project,’’ ‘‘reactivation of a very

clean coal-fired electric utility steam

generating unit,’’ ‘‘repowering,’’

‘‘representative actual annual

emissions,’’ and ‘‘temporary clean coal

technology demonstration project.’’ The

following definitions have been

amended to be consistent with the

Federal rules: ‘‘actual emissions,’’

‘‘complete,’’ ‘‘major modification,’’ and

‘‘minor source baseline date.’’

Rule 401 KAR 51:017 Sections

6,8,21,—Various sentence and word

structure changes were made to add

clarity.

Rule 401 KAR 51:017 Section 6(3)—

This subsection was deleted because it

is obsolete.

Rule 401 KAR 51:017 Sections

1,2,8,9,11,12,18,21—In these sections,

references are amended and added for

clarity.

Rule 401 KAR 51:017 Sections

22,23,24,25—These sections are

updated to reflect changes in PSD

increments from TSP to PM10.

Rule 401 KAR 51:017 Section 8(10)—

This subsection is added to provide an

exemption to the requirements of

Section 10(2) for major stationary

sources of PM10 that are constructing or

modifying if a completed permit

application was received before the

effective date of the maximum allowable

increases for PM10. The exemption

allows the current maximum allowable

increases for TSP as an alternative to

that for PM10.

Rule 401 KAR 51:017 Section 8(11)—

This subsection is added to provide an

exemption to the requirements of

Section 10(2). This utility exemption of

the maximum allowable increases for

nitrogen oxides applies to the

construction or modification of a

stationary source if a completed permit

application was received before the

effective date.

Rule 401 KAR 51:017 Section 11(1)—

This section is updated to adopt by

reference the new EPA ‘‘Guideline on

Air Quality Models.’’

Final Action

EPA is approving the aforementioned

changes to the SIP. The Agency has

reviewed this request for revision of the

Federally approved SIP for conformance

with the provisions of the CAA

amendments enacted on November 15,

1990. The Agency has determined that

this action conforms with those

requirements.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This rule will be effective

September 22, 1998 without further

notice unless the Agency receives

relevant adverse comments by August

24, 1998.

If the EPA receives such comments,

then EPA will publish a document

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Only parties

interested in commenting on this rule

should do so at this time. If no such

comments are received, the public is

advised that this rule will be effective

on September 22, 1998 and no further

action will be taken on the proposed

rule.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Kentucky’s audit privilege and penalty

immunity law KRS 224.01–040 or its

impact upon any approved provision in

the SIP, including the revision at issue

here. The action taken herein does not

express or imply any viewpoint on the

question of whether there are legal

deficiencies in this or any other Clean

Air Act program resulting from the

effect of Kentucky’s audit privilege and

immunity law. A state audit privilege

and immunity law can affect only state

enforcement and cannot have any

impact on federal enforcement

authorities. EPA may at any time invoke

its authority under the Clean Air Act,

including, for example, sections 113,

167, 205, 211 or 213, to enforce the

requirements or prohibitions of the state

plan, independently of any state

enforcement effort. In addition, citizen

enforcement under section 304 of the

Clean Air Act is likewise unaffected by

a state audit privilege or immunity law.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from review under Executive
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39743

Order 12866, entitled Regulatory

Planning and Review.

B. Executive Order 13045

This final rule is not subject to

Executive Order 13045, entitled

Protection of Children from

Environmental Health Risks and Safety

Risks, because it is not an

‘‘economically significant’’ action under

Executive Order 12866.

C. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2) and 7410(k)(3).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

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 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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by September 22,

1998. 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: June 19, 1998.

A. Stanley Meiburg,

Regional Administrator, Region 4.

Part 52 of 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 by

adding paragraph (c)(87) to read as

follows:

§ 52.920 Identification of plan.

* * * * *

(c) * * *

(87) Revisions to the Kentucky State

Implementation Plan submitted by the

Natural Resources and Environmental

Protection Cabinet on March 21, 1997.

The regulation being revised is 401 KAR

51:017 Prevention of significant

deterioration of air quality.

(i) Incorporation by reference.

Division of Air Quality regulations 401

KAR 51:017 Prevention of significant

deterioration of air quality effective

March 12, 1997.

(ii) Other material. None.

[FR Doc. 98–19836 Filed 7–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR 48–1–7263a; FRL–6127–4]

Approval and Promulgation of

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) approves revisions to the

Oregon State Implementation Plan (SIP).

EPA is approving revisions to Oregon

Administrative Rules (OAR) Chapter

340, Division 25 submitted to EPA on

August 31, 1995, and October 8, 1996,

to satisfy the requirements of section

110 of the Clean Air Act (CAA) and 40

CFR part 51.

DATES: This direct final rule is effective

on September 22, 1998, without further

notice, unless EPA receives relevant

adverse comment by August 24, 1998. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.