[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21445-21447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10696]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[KY-86-1-6932a; FRL-5189-6]


Approval and Promulgation of Implementation Plans State: 
Kentucky; Approval of Revisions to State Implementation Plan Regarding 
Emission Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Kentucky through the Natural Resources 
and Environmental Protection Cabinet (Cabinet) for the purpose of 
implementing an emission statement program. The SIP was submitted by 
the Cabinet on January 15, 1993. As a result of EPA comments, the 
Cabinet submitted another SIP on December 29, 1994, to satisfy the 
Federal requirements for an emission statement program.

DATES: This final rule will be effective June 16, 1995 unless adverse 
or critical comments are received by June 1, 1995. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments on this action should be addressed to Scott 
Southwick at the EPA Regional Office listed below.
    Copies of the 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.

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 Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365.
Division for Air Quality, Department for Environmental Protection, 
Natural Resources and Environmental Protection Cabinet, 316 St. Clair 
Mall, Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT: Scott Southwick, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 [[Page 21446]] Environmental Protection 
Agency, 345 Courtland Street, NE, Atlanta, Georgia 30365. The telephone 
number is 404/347-3555, X4207. Reference file KY-86-1-6932a.

SUPPLEMENTARY INFORMATION: A SIP revision was submitted by the 
Commonwealth on January 15, 1993, to satisfy section 182(a)(B) of the 
Clean Air Act as amended in 1990 (CAA). A second SIP revision was 
submitted on December 29, 1994 and replaces the first SIP submittal. 
The second SIP addresses deficiencies of the first SIP revision.
    The January 15, 1993, SIP revision was reviewed by EPA to determine 
completeness shortly after its submittal, in accordance with the 
completeness criteria set out at 40 CFR part 51, appendix V (1991), as 
amended by 57 FR 42216 (August 26, 1991). The submittal was found to be 
complete and a letter dated April 27, 1993, was sent to Mr. John 
Hornback, Director of the Division for Air Quality, indicating the 
submittal is administratively complete. The December 29, 1994, SIP 
revision was reviewed by EPA to determine completeness and a letter 
dated March 3, 1995, was sent to Mr. John Hornback, Director of the 
Division for Air Quality, indicating the submittal is administratively 
complete.
    There are several key general and specific components of an 
acceptable emission statement program. Specifically, the state must 
submit a revision to its SIP and the emission statement program must 
meet the minimum requirements for reporting. In general, the program 
must include, at a minimum, provisions for applicability, compliance, 
and specific source requirements detailed below.

A. SIP Revision Submission

    The Commonwealth of Kentucky submitted their emission statement 
regulation on January 15, 1993, which meets the emission statement 
requirement.

B. Program Elements

    The Commonwealth emission statement program must, at a minimum, 
include provisions covering applicability of the regulations, a 
compliance schedule for sources covered by the regulations, and the 
specific reporting requirements for sources--including a certification 
that the information is accurate to the best knowledge of the 
individual certifying the statement. Kentucky included all of the 
above, except for certification that the information is accurate, 
within regulation 401 KAR 50:037 Emission fee. The Cabinet revised 
their emissions statement program to include a certification statement. 
The final revised emission statement program was submitted on December 
29, 1994, within regulation 401 KAR 50:035 Permits regulation. This 
regulation contained all of the required program elements.

C. Applicability

    Section 182(a)(3)(B) requires that states with areas designated as 
nonattainment for ozone require emission statement data from sources of 
volatile organic compounds (VOCs) or oxides of nitrogen (NO<INF>X) in 
the nonattainment areas. This requirement applies to all ozone 
nonattainment areas, regardless of the classification (Marginal, 
Moderate, etc.). Kentucky's regulation applies to each air pollution 
source required to have a permit to operate and emits either twenty-
five (25) tons per year of NO<INF>X or VOCs.
    The states may waive, with EPA approval, the requirement for 
emission statements for classes or categories of sources with less than 
25 tons per year of actual plant-wide of both NO<INF>X and VOC 
emissions in nonattainment areas if the class or category is included 
in the base year and periodic inventories and emissions are calculated 
using emission factors established by EPA (such as those found in EPA 
publication AP-42) or other methods acceptable to EPA. The Kentucky 
submittal waives the emission statement requirement for sources with 
less than 25 tons per year of actual plant-wide of both NO<INF>X and 
VOC emissions in their 1990 Base Year Emissions Inventory.

Final Action

    EPA is approving the plan revision submitted by the Commonwealth of 
Kentucky on December 29, 1994. This submittal meets all of the 
requirements of emission statements outlined in section 182(a)(3)(B).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective June 16, 1995 unless, by June 1, 1995, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective June 16, 1995.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by July 3, 1995. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for 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 Act, 42 
U.S.C. 7607 (b)(2)).
    The OMB has exempted these actions from review under Executive 
Order 12866.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a 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.
    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 CAA 
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 regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 [[Page 21447]] U.S. 246, 256-66 
(S.Ct. 1976); 42 U.S.C. section 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: April 3, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
    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. 7401-7671q.

Subpart S--Kentucky

    2. Section 52.920 is amended by adding paragraph (c)(77) to read as 
follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) * * *
    (77) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) concerning emission statements were submitted on December 
29, 1994, by the Kentucky Natural Resources and Environmental 
Protection Cabinet.
    (i) Incorporation by reference.
    (A) Regulation 401 KAR 50:035 Permits. Section 1, Section 2(1) and 
Section 10. Regulation became effective September 28, 1994.
    (ii) None.

[FR Doc. 95-10696 Filed 5-1-95; 8:45 am]
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