[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27409-27411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12617]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Ky-83-6927a; FRL-5184-7]


Approval and Promulgation of Implementation Plans State: Kentucky 
Approval of Revisions to State Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the state implementation plan 
(SIP) submitted by the Commonwealth of Kentucky through the Natural 
Resources [[Page 27410]] and Environmental Protection Cabinet 
(Cabinet). This revision will incorporate into the SIP an operating 
permit issued to the Calgon Carbon Corporation located in the Kentucky 
portion of the Ashland/Huntington ozone (O<INF>3) nonattainment area. 
This permit will reduce the emissions of volatile organic compounds 
(VOCs) by requiring reasonably available control technology (RACT).

DATES: This final rule will be effective July 10, 1995, unless adverse 
or critical comments are received by June 23, 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, Environmental Protection Agency, 345 
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is 
404/347-3555 x 4207. Reference file KY-083.

SUPPLEMENTARY INFORMATION: Section 182(b)(2) of the Clean Air Act as 
Amended in 1990 (CAA) requires states to implement RACT for moderate 
and above O<INF>3 nonattainment areas for: (1) Each category of VOC 
sources in the area covered by a control technique guideline (CTG) 
issued between November 15, 1990, and the date of attainment of these 
areas; (2) All VOC sources in the area covered by any CTG before 
November 15, 1990; and (3) All other major stationary sources of VOC 
(non-CTG sources) that are located in the area. Kentucky has already 
met the requirements of items (1) and (2) of section 182(b)(2) (see 59 
FR 32352 published on June 23, 1994). On November 23, 1994, the Cabinet 
submitted a revision to the SIP requiring VOC RACT through a permit 
issued to the Calgon Carbon Corporation (Calgon). This permit requires 
Calgon to comply with 1.8 lbs/hr emission limit in the reactivation 
furnace. The permit also requires Calgon to maintain a 1400 degrees 
fahrenheit temperature in the fireboxes and a coal residence time of 
0.1 seconds in all bakers and activator burners.
    Calgon is the only major source located in the Kentucky portion of 
the Ashland/Huntington O<INF>3 nonattainment area not subject to a CTG. 
The approval of this revision will satisfy section 182(b)(2)(C) which 
requires RACT on all non-CTG sources located in the Ashland/Huntington 
moderate O<INF>3 nonattainment area.

Final Action

    The EPA is approving the Calgon Permit and 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 July 24, 1995 
unless, within 30 days of its publication, 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 July 24, 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 24, 
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 CAA, 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 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: March 21, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows: [[Page 27411]] 

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)(78) to read 
as follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) * * *
    (78) Operating Permit requiring VOC RACT for Calgon Corporation in 
the Kentucky portion of the Ashland/Huntington ozone nonattainment 
area, submitted November 11, 1994.
    (i) Incorporation by reference. Natural Resources and Environmental 
Protection Cabinet; Kentucky Department for Environmental Protection; 
Division for Air Quality; Permit 0-94-020; Calgon Carbon Corporation, 
effective on November 17, 1994.
    (ii) Other material. Letter of November 23, 1994, from the 
Commonwealth of Kentucky Natural Resources and Environmental Protection 
Cabinet.

[FR Doc. 95-12617 Filed 5-23-95; 8:45 am]
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