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[Federal Register Volume 66, Number 120 (Thursday, June 21, 2001)]
[Proposed Rules]
[Pages 33216-33224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15616]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-103-; KY-107-; KY-110-; KY-114-; KY-115-; KY-122-9817(b); FRL-6999-
3]

Approval and Promulgation of Air Quality Implementation Plans; 
Kentucky; Approval of Revisions to State Implementation Plan; Revised 
Format for Materials Being Incorporated by Reference for Jefferson 
County, KY

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Jefferson County 
portion of the Kentucky State Implementation Plan (SIP). The revisions 
were submitted to EPA on February 3, 1998; September 22, 1998; February 
11, 1999; May 21, 1999; July 20, 1999; and September 22, 2000 by the 
Commonwealth of Kentucky through the Kentucky Natural Resources and 
Environmental Protection Cabinet. These submittals include 
miscellaneous rule revisions and the recodification of Jefferson County 
regulations.
    EPA is also proposing to revise the format of 40 CFR part 52 for 
materials submitted by the Commonwealth of Kentucky that are 
incorporated by reference (IBR) into the Jefferson County portion of 
the Kentucky SIP. The regulations affected by this format change have 
all been previously submitted by the Commonwealth of Kentucky pursuant 
to revisions to the Jefferson County SIP and either previously approved 
by EPA or proposed for approval in this Federal Register. This format 
revision will primarily affect the ``Identification of plan'' section 
of CFR part 52, as well as the format of the SIP materials that will be 
available for public inspection at the Office of the Federal Register 
(OFR), the Air and Radiation Docket and Information Center located in 
Waterside Mall, Washington, D.C., and the Regional Office. The sections 
of 40 CFR part 52 pertaining to provisions promulgated by EPA or State-
submitted materials that are not subject to IBR remain unchanged.

DATES: To be considered, comments must be received by July 23, 2001.

ADDRESSES: Written comments on this proposed action should be addressed 
to Allison Humphris, Regulatory Planning Section, Air Planning Branch, 
U.S. Environmental Protection Agency Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the following 
locations:

U.S. Environmental Protection Agency; Region 4 Air Planning Branch; 61 
Forsyth Street, SW; Atlanta, Georgia 30303-8960
Commonwealth of Kentucky, Natural Resources and Environmental 
Protection Cabinet; Division for Air Quality; 803 Schenkel Lane; 
Frankfort, Kentucky 40601-1403
Air Pollution Control District of Jefferson County; 850 Barrett Avenue; 
Louisville, Kentucky 40204

    The interested persons wanting to examine these documents should 
make an appointment with the appropriate office at least 24 hours 
before the visiting day and reference files KY-103, KY-107, KY-110, KY-
114, KY-115, KY-122. The Region 4 office may have additional background 
documents not available at the other locations.

FOR FURTHER INFORMATION CONTACT: Allison Humphris, Regulatory Planning 
Section, Air Planning Branch, U.S. Environmental Protection Agency 
Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960, 404/562-
9030, ([email protected]).

SUPPLEMENTARY INFORMATION: The supplemental information is organized in 
the following order.

I. Rule Revisions Being Proposed for Approval By EPA in This Action.
    A. February 3, 1998 and September 22, 1998 Submittals
    B. February 11, 1999 Submittal
    C. May 21, 1999 Submittal
    D. July 20, 1999 Submittal
    E. September 22, 2000 Submittal
II. Revised IBR Format Being Proposed for Approval By EPA in This 
Action.
    A. Background
    B. Content of Revised IBR Document
    C. Revised Format of the ``Identification of plan'' Sections in 
Each Subpart
    D. Enforceability and Legal Effect
III. Administrative Requirements

I. Rule Revisions Being Proposed for Approval By EPA in This Action

    The Commonwealth of Kentucky, through the Kentucky Natural 
Resources and Environmental Protection Cabinet, submitted to EPA 
revisions to the Jefferson County portion of the SIP on February 3, 
1998, September 22, 1998, February 11, 1999, May 21, 1999, July 20, 
1999 and September 22, 2000. The revisions include updates and 
modifications of the Jefferson County regulations. The recodification 
renumbers Jefferson County rule sections to make the SIP less complex 
and corrects typographical errors, capitalization, spelling, and 
punctuation.

[[Page 33217]]

A. February 3, 1998 and September 22, 1998 Submittals

    On February 3, 1998 and September 22, 1999, the Commonwealth of 
Kentucky submitted revisions to the Jefferson County portion of the 
Kentucky SIP. EPA is proposing to approve the following changes to the 
rules listed below which also include a recodification of the rules.
    Regulation 1.02  Definitions--This revision adds definitions of the 
terms: ``Act;'' ``Cabinet;'' ``Department;'' ``Division;'' ``Federally 
enforceable District origin operating permit;'' ``Fugitive emissions;'' 
``Generally Achievable Control Technology;'' ``Hazardous air 
pollutant;'' ``Maximum Achievable Control Technology;'' ``Potential 
Hazardous Emission;'' ``Reasonable available control technology;'' 
``Toxic Air Pollutant.'' The revision amends the following definitions 
``Major Source;'' ``Organic Material;'and ``Potential to emit.'' The 
revision also amends the definition of ``Volatile organic compounds'' 
to include additional exempted organic compounds to be consistent with 
the federal definition. The revised definition states that the 
following organic compounds have been determined to have negligible 
photochemical reactivity: Methane; ethane; methylene chloride 
(dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-
trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-
11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); 
trifluoromethane (HFC-23); 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-
114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-
dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-
dichloro-1-fluoroethane (HCFC-141b); 1-chloro-1,1-difluoroethane (HCFC-
142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane 
(HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane 
(HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride 
(PCBTF); cyclic, branched, or linear completely methylated siloxanes; 
acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-
1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-
pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane 
(HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161); 
1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane 
(HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-
pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-
245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-
pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1-
chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane 
(HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane 
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OCH3); 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 
(C4F9OC2H5); 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OC2H5
); and perfluorocarbon compounds which fall into these classes: (1) 
Cyclic, branched, or linear, completely fluorinated alkanes, (2) 
Cyclic, branched, or linear, completely fluorinated ethers with no 
unsaturations, (3) Cyclic, branched, or linear, completely fluorinated 
tertiary amines with no unsaturations, and (4) Sulfur containing 
perfluorocarbons with no unsaturations and with sulfur bonds only to 
carbon and fluorine. The revision also makes various word structure 
changes to add clarity.
    Regulation 1.04  Performance Tests--This revision identifies the 
appropriate citations for the federal performance standards and test 
methods that Jefferson County must satisfy which include 40 CFR part 
60, 40 CFR part 61, 40 CFR part 63, 40 CFR part 61, appendix B, and 40 
CFR part 63, appendix A. The revision includes the requirement for a 
facility to notify the Air Pollution Control District of Jefferson 
County (District) at least 25 working days prior to the projected 
starting date and 10 working days prior to the scheduled starting date 
for a performance test. The revision also adds language that allows the 
District to waive the advance notice requirement if certification of a 
continuous emission monitoring system is needed, and grants the 
District authority to waive the following in the event of an emergency 
or malfunction: notice of intent to test, the pre-test survey and 
conference, and the prior notice of the scheduled starting date for the 
performance test. The revision also makes various sentence and word 
structure changes to add clarity.

B. February 11, 1999 Submittal

    On February 11, 1999, the Commonwealth of Kentucky submitted 
miscellaneous revisions to the Jefferson County portion of the Kentucky 
SIP. EPA is proposing to approve the following changes to the rules 
listed below which also include a recodification of the rules.
    Regulation 1.03  Abbreviations and Acronyms--This revision makes 
various revisions to distinguish between abbreviations and acronyms.
    Regulation 1.07  Emissions During Startups, Shutdowns, Malfunctions 
and Emergencies--This revision adds the definition of ``Emergency.'' 
The District regulation will not take precedence over federal rule 
requirements, thus an exceedance during startups, shutdowns, 
malfunctions, or emergencies would be a violation. The rule states that 
a company must meet the revised applicable reporting requirements 
prescribed in this regulation to meet the requirements of an 
affirmative defense. If there is an exceedance episode and the 
reporting requirements are met but the federal regulation is violated, 
compliance with the District regulation can be used as an affirmative 
defense if legal action is taken against the company as a result of the 
violation.
    Regulation 1.08  Administrative Procedures--This revision 
establishes the procedures for the adoption or amendment of a 
regulation in order to meet statutory requirements;
    Regulation 1.09  Prohibition of Air Pollution--This revision adds 
language to strengthen the District's regulatory enforcement against 
harmful emission discharges and nuisances of the criteria pollutants 
that can potentially endanger health and safety.
    Regulation 1.11  Control of Open Burning--This revision allows 
limited open burning for debris removal necessitated by acts of God and 
general agricultural burning. It replaces Regulations 6.06 Control of 
Open Burning and Regulation 7.05 Control of Open Burning.
    Regulation 1.14  Control of Fugitive Particulate Emissions--This 
revision requires District approval of a fugitive dust plan for unpaved 
roads and grants the District authority to request a traffic count on 
unpaved roads to determine if preventative measures are necessary. The 
revision adds the requirement that a person planning to take part in 
open burning activities must notify the District in writing prior to 
operation and shall not disturb more total surface area than one acre 
of land in the aggregate unless fugitive dust abatement and 
preventative measures are implemented. The revision also adds the 
requirement for District notification of any demolition, wrecking or 
moving of structures and replaces Regulation 6.05 Control of Fugitive 
Particulate Emissions and Regulation 7.04 Control of Fugitive 
Particulate Emissions.

[[Page 33218]]

    Regulation 2.02  Air Pollution Regulation Requirements and 
Exemptions--The amendments to this regulation exempt specific emission 
units from permit requirements which comprise the insignificant list of 
the Title V operating permit program. Examples of the added exempted 
emission units include, but are not limited to: facilities using only 
peanut oil, sunflower oil, cottenseed oil, or canola oil; passive soil 
or ground water contamination remediation projects; indoor dust or 
particulate collectors; cold solvent parts cleaners that are equipped 
with a functional secondary reservoir; portable diesel or gasoline 
storage tanks with a maximum capacity of less than 500 gallons; storage 
vessels for VOCs with a maximum capacity of 250 gallons or less; diesel 
or fuel oil storage tanks not used for distribution or sale that have 
less than two times the capacity of the vessel in annual fluid 
turnoverall; pressurized VOC storage vessels; and Research and 
Development facilities. For a complete list of exempted facilities 
refer to Regulation 2.02.
    Regulation 2.06  Permit Requirements--Other Sources--The revision 
makes minor word structure changes to add clarity.
    Regulation 2.07  Public Notification for Title V, PSD, and Offset 
Permits; SIP Revisions; and Use of Emission Reduction Credits--The 
amendments to Regulation 2.07 establish the requirements for the 
District to provide public notice, opportunity for public comment, 
review by EPA and affected states, and a public hearing on Title V 
permit actions and the issuance of permits; and these revisions are 
pursuant compliance of CAA section 502(b)(6) and 40 CFR 70.7-8.
    Regulation 2.10  Stack Height Considerations--The revision amends 
the definitions of ``Dispersion technique,'' ``Excessive 
concentration,'' ``Good engineering practice,'' and ``Stack in 
existence'' to be consistent with Federal definitions. The revision 
also adds the definitions of ``Emission limitation or emission 
standard,'' ``Nearby,'' and ``Stack.'' The revision amends the 
procedures for which stack heights shall be considered in determining 
compliance of an affected source. The revision makes minor word and 
sentence structure changes to add clarity and consistency with EPA 
definitions.
    Regulation 3.04  Ambient Air Quality Standards--This amendment 
implements the 0.12 part per million federal ozone standard in 
accordance with 40 CFR part 50, appendix H. It also revises Particulate 
Matter (PM) to define PM10 for both primary and secondary standards in 
accordance with 40 CFR part 50, appendix K.
    Regulation 4.07  Episode Reporting Requirements--The revision makes 
minor word structure changes to add clarity.
    Regulation 6.01  General Provisions--The revisions establish the 
general provisions for the application of standards of performance for 
existing affected facilities and the requirement for performance tests 
according to Regulation 1.04 Performance Tests.
    Regulation 6.02  Emission Monitoring for Existing Sources--This 
revision adds ``petroleum refinery'' to the list of source categories 
that are subject to continuous emission monitoring and removes ``fluid 
bed catalytic cracking unit catalyst regenerators'' because there are 
no operating refineries with a fluid bed catalytic cracking unit 
catalyst regenerator in the District. This revision also adds the 
requirement for additional monitoring equipment for petroleum 
refineries and makes minor sentence and word structure changes to add 
clarity.
    Regulation 6.17  Standard of Performance for Existing Automobile 
and Truck Surface Coating Operations--This revision adds the definition 
of ``Truck'' to clarify the meaning used in the regulation.
    Regulation 7.25  Standard of Performance for New Sources Using 
Volatile Organic Compounds--This revision amends the definitions of 
``Affected facility,'' ``Potential emissions,'' and ``Volatile organic 
compound.'' The revision requires affected facilities to be equipped 
with and utilize best available control technology (BACT) as determined 
at the time of the District review of the construction permit and makes 
minor word and sentence structure changes to add clarity.
    This action proposes to remove the Hazardous Air Pollutant 
Standards (HAPS) listed below from the federally-approved SIP because 
these regulations were incorrectly approved into the SIP. EPA enforces 
HAPS pursuant to 40 CFR parts 61 and 63, therefore the rules should not 
be included in the federally-approved SIP.

Regulation 5.01  Standards for Hazardous Air Pollutants--General 
Provisions,
Regulation 5.02  Definitions,
Regulation 5.03  Potential Hazardous Emissions,
Regulation 5.04  Emission Standards for Asbestos,
Regulation 5.05  Emission Standard for Beryllium,
Regulation 5.06  Emission Standard for Mercury,
Regulation 5.07  Emission Standard for Beryllium Rocket Motor Firing, 
and
Regulation 5.08  Emission Standards for Vinyl Chloride.
    Jefferson County requested EPA to remove the following regulations. 
Therefore, this action proposes to remove these regulations from the 
federally-approved SIP.
    Regulation 2.08  Emission Fees, Permit Fees, and Permit Renewal 
Procedures--The regulation was incorrectly approved into the SIP. EPA 
has determined that the Agency does not enforce the collection of 
emission and permit fees, therefore the rule should not have been 
approved into the SIP.
    Regulation 6.03  Control of Nuisances--The regulation was 
incorrectly approved into the SIP. EPA has determined that the Agency 
does not enforce the control of nuisances, therefore the rule should 
not have been approved into the SIP. The District has moved the 
requirements of this regulation to Regulation 1.12 Control of Nuisances 
and subsequently, EPA is proposing to remove Regulation 6.03 from the 
federally-approved SIP. Regulation 1.12 is not included in the 
federally-approved SIP because it is not related to the District's 
compliance with the National Ambient Air Quality Standards (NAAQS).
    Regulation 6.04  Control of Objectionable Odors in the Ambient 
Air--The regulation was incorrectly approved into the SIP. EPA has 
determined that the Agency does not enforce the control of odors, 
therefore the rule should not have been approved into the SIP. The 
District has moved the requirements of this regulation to Regulation 
1.13 Control of Objectionable Odors in the Ambient Air and 
subsequently, EPA is proposing to remove Regulation 6.04 from the 
federally-approved SIP. Regulation 1.13 is not included in the 
federally-approved SIP because it is not related to the District's 
compliance with the NAAQS.
    Regulation 6.05  Control of Fugitive Particulate Emissions--The 
District has moved the requirements of this regulation to Regulation 
1.14 Control of Fugitive Particulate Emissions and subsequently, EPA is 
proposing to remove this regulation from the federally-approved SIP.
    Regulation 6.06  Control of Open Burning--The District has moved 
the requirements of this regulation to Regulation 1.11 Control of Open 
Burning and subsequently, EPA is

[[Page 33219]]

proposing to remove Regulation 6.06 from the federally-approved SIP.
    Regulation 6.23  Standard of Performance for Existing Dry Cleaning 
Facilities--The District has removed the requirements of this 
regulation from the SIP pursuant to the publication of a Federal 
Register notice on February 7, 1996, (61 FR 4588) in which EPA adds 
perchloroethylene, also known as tetrachloroethylene, to the list of 
compounds excluded from the definition of VOC. The effective date of 
this rule was March 6, 1996. Perchloroethylene continues to be 
regulated as a hazardous air pollutant (HAP) under section 112 of the 
CAA. Therefore EPA is proposing to remove Regulation 6.23 from the 
federally-approved SIP.
    Regulation 7.04  Control of Fugitive Particulate Emissions--The 
District has moved the requirements of this regulation to Regulation 
1.14 Control of Fugitive Particulate Emissions and subsequently, EPA is 
proposing to remove Regulation 7.04 from the federally-approved SIP.
    Regulation 7.05  Control of Open Burning--The District has moved 
the requirements of this regulation to Regulation 1.11 Control of Open 
Burning and subsequently, EPA is proposing to remove Regulation 7.05 
from the federally-approved SIP.

C. May 21, 1999 Submittal

    On May 21, 1999, the Commonwealth of Kentucky submitted the 
following revisions to the Jefferson County portion of the Kentucky 
SIP. EPA is proposing to approve the following changes to the rules 
listed below which also include a recodification of the rules.
    Regulation 1.01  General Application of Regulations and Standards--
This revision makes various sentence and word structure changes to add 
clarity.
    Regulation 1.06  Source Self-Monitoring and Reporting--This 
amendment requires a formal certification by a prescribed ``responsible 
official'' of the required reporting information submitted to the 
District pursuant to this regulation and makes various sentence and 
word structure changes to add clarity.
    Regulation 2.03  Permit Requirements--Non-Title V Construction and 
Operating Permits and Demolition/Renovation Permits--This revision adds 
the requirement for an asbestos demolition or renovation abatement 
project permit to be issued by Jefferson County before a facility is 
allowed to proceed with destruction. This revision grants the District 
the option of choosing whether or not to hold a hearing and allows an 
aggrieved person to request a hearing for a non-Title V permit proposal 
(e.g. construction of new equipment, operation of facilities, and 
demolition and renovation of asbestos containing materials).
    Regulation 6.09  Standards of Performance for Existing Process 
Operations--This revision adds the definition ``Reasonably Available 
Control Technology.'' The revision rectifies the date gap between an 
existing source (July 2, 1975) and a new source (September 1, 1976). 
The amendment also adds the opacity standard and mass emission standard 
and makes language simplifications and technical corrections to add 
clarity.
    Regulation 6.10  Standard of Performance for Existing Process Gas 
Streams--This amendment includes the performance tests required to be 
used to demonstrate compliance and the requirement that performance 
tests shall be conducted according to 40 CFR part 60 Reference Method 
11 for hydrogen sulfide and Reference Method 6 for sulfur dioxide. The 
revision also makes various sentence and word structure changes to add 
clarity.
    Regulation 6.14  Standard of Performance for Selected Existing 
Petroleum Refining Processes and Equipment--This revision makes various 
word structure changes to add clarity.
    Regulation 6.20  Standard of Performance for Existing Bulk Gasoline 
Plants--This amendment adds mandatory provisions to permit loading of a 
tank truck or trailer at bulk gasoline plants in Jefferson County which 
include the following: a vapor balance system, a pressure tap, an 
emission monitor during loading operations, and a valid Kentucky 
pressure-vacuum test sticker. The revision also makes various word 
structure changes to add clarity.
    Regulation 6.21  Standard of Performance for Existing Gasoline 
Loading Facilities at Bulk Terminals--This amendment adds mandatory 
provisions to permit loading of a tank truck or trailer at bulk 
gasoline terminals in Jefferson County which include the following: a 
vapor balance system, a pressure tap, an emission monitor during 
loading operations, and a valid Kentucky pressure-vacuum test sticker. 
The revision adds test procedure requirements as defined in EPA's 
documents ``Control of Hydrocarbons from Tank Truck Gasoline Loading 
Terminals'' and ``Control of Volatile Organic Compound Leaks from 
Gasoline Tank Trucks and Vapor Collection Systems.'' The revision also 
makes various word structure changes to add clarity.
    Regulation 6.22  Standard of Performance for Existing Volatile 
Organic Materials Loading Facilities--This revision makes various 
sentence and word structure changes to add clarity.
    Regulation 6.24  Standard of Performance for Existing Sources Using 
Organic Materials--This revision makes various sentence and word 
structure changes to add clarity.
    Regulation 6.31  Standard of Performance for Existing Miscellaneous 
Metal Parts and Products Surface-Coating Operations--The amendments to 
the rule replaces the 85 percent efficiency requirement and bases the 
new standard on mass of VOC per unit volume of coating applied for 
various coating types. The revision also adds the definition ``Extreme 
performance coating'' and the revision makes various sentence and word 
structure changes to add clarity.
    Regulation 6.39  Standard of Performance for Equipment Leaks of 
Volatile Organic Compounds in Existing Synthetic Organic Chemical and 
Polymer Manufacturing Plants--This revision adds the exemption of 
facilities that are also subject to 40 CFR part 63, subpart H to 
eliminate duplication of requirements and makes various sentence and 
word structure changes to add clarity.
    Regulation 6.42  Reasonably Available Control Technology 
Requirements for Major Volatile Organic Compound-and Nitrogen Oxides-
Emitting Facilities--This revision adds the requirement that District-
approved site-specific NOX RACT plans pursuant to this regulation must 
be submitted to EPA as a site-specific SIP revision. The revision 
includes the reference to pertinent District and federal regulations 
intended to establish RACT requirements for VOC emitting sources and 
makes various sentence and word structure changes to add clarity.
    Regulation 6.44  Standards of Performance for Existing Commercial 
Motor Vehicle and Mobile Equipment Refinishing Operations--This 
revision amends the definition of ``Group I vehicles and equipment'' to 
include camper shells, pick-up truck toppers, and light and medium duty 
trailers that require special color-matched coatings and adds the 
definitions of ``Large-sized truck'' and ``Small-sized truck.'' The 
revision establishes the VOC content of surface cleaners and the proper 
usage and dispensing techniques. The amendment revises the equipment 
standards and operation requirements for all coating operators that use 
more than 25 gallons of coatings per year to include proper ventilation 
of coating

[[Page 33220]]

operation areas. The revision also makes various sentence and word 
structure changes to add clarity.
    Regulation 6.46  Standards of Performance for Existing Ferroalloy 
and Calcium Carbide Production Facilities--This revision adds a new 
regulation which establishes the provisions for the control of 
emissions from existing ferroalloy and calcium carbide production 
facilities.
    Regulation 7.06  Standards of Performance for New Indirect Heat 
Exchangers--This revision makes various sentence and word structure 
changes to add clarity.
    Regulation 7.07  Standard of Performance for New Incinerators--This 
amendment clarifies that this regulation does not apply to any medical 
waste incinerator, existing or new, as defined in Jefferson County 
local Regulations 6.41 or 7.78 and any new municipal solid waste 
incinerator as defined in Regulation 7.76. The amendment includes a 
provision that no owner or operator of an affected facility up to 499 
lbs/hr capacity shall cause any gases to be discharged into the 
atmosphere which contain particulate matter in excess of 0.45 g/dscm 
(0.20 gr/dscf) corrected to 12% carbon dioxide excluding the 
contribution of carbon dioxide from auxiliary fuel. The revision also 
makes various sentence and word structure changes to add clarity.
    Regulation 7.08  Standards of Performance for New Process 
Operations--This revision rectifies the date gap between an existing 
source (July 2, 1975) and a new source (September 1, 1976) and makes 
language simplifications and technical corrections to add clarity.
    Regulation 7.09  Standards of Performance for New Process Gas 
Streams--This revision amends the standard for hydrogen sulfide to 
prohibit the combustion of a process gas stream containing hydrogen 
sulfide with a concentration greater than 10 grains per 100 dscf at 
zero percent excess oxygen unless the resulting emission of sulfur 
dioxide is less than 40 tons per year and a modeling demonstration is 
made showing attainment and maintenance of the NAAQS for sulfur 
dioxide. The existing standard for hydrogen sulfide is based on 
preliminary inlet hydrogen sulfide concentrations. This revision amends 
the rule to base the standard on the actual outlet emission 
concentration of sulfur dioxide and maintaining compliance. The 
revision also allows a higher concentration of sulfur dioxide emissions 
if the total sulfur dioxide emission is less than 40 tons per year and 
a modeling demonstration is made that shows attainment and maintenance 
of the sulfur dioxide NAAQS. The revision also makes various sentence 
and word structure changes to add clarity.
    Regulation 7.15  Standards of Performance for Gasoline Transfer To 
New Service Station Storage Tanks (Stage I Vapor Recovery)--This 
revision adds the definition of ``Submerged fill pipe'' and amends the 
definition of ``Affected facilities'' to specify gasoline storage tanks 
at service stations with a capacity greater than 250 gallons each. The 
revision includes additional provisions to require a vapor return hose 
connection between the tank of the delivery truck and the storage tank 
receiving the product and a one minute time restriction to open the 
truck tank hatch for visual inspection. It also requires that all above 
ground lines must be equipped with dry breaks to prevent spillage and 
all other lines must be gravity drained for no spillage and adds the 
requirement for operation and maintenance of applicable equipment with 
no defects. The revision includes the requirement that affected 
facilities must obtain a construction or reconstruction permit before 
commencing a project and must notify Jefferson County of the 
replacement, addition, or change of any required equipment except for 
the routine replacement of gaskets. The revision also makes various 
sentence and word structure changes to add clarity.
    Regulation 7.20  Standard of Performance for New Gasoline Loading 
Facilities at Bulk Plants--This amendment includes mandatory provisions 
to permit loading of a tank truck or trailer at affected facilities in 
Jefferson County which include the following: a vapor balance system, a 
pressure tap, an emission monitor during loading operations, and a 
valid Kentucky pressure-vacuum test sticker. The revision also makes 
various word structure changes to add clarity.
    Regulation 7.22  Standard of Performance for New Volatile Organic 
Materials Loading Facilities--This revision adds a new regulation which 
provides for the control of emissions from new volatile organic 
materials loading facilities and applies to facilities that load more 
than 200 gallons per day of volatile organic materials. It establishes 
the provisions for the control of volatile organic materials. Gasoline 
loading facilities are exempt from this regulation but are subject to 
the requirements of Regulation 6.21 and Regulation 7.20.
    Regulation 7.51  Standard of Performance for New Liquid Waste 
Incinerators--This revision adds the definition ``Halogenated liquid 
wastes'' and establishes the VOC standard, equipment standards and 
expands the recordkeeping requirements to include provisions for 
performance tests. The amendment includes mandatory provisions to 
permit loading of a tank truck or trailer at bulk gasoline plants in 
Jefferson County which include the following: a vapor balance system, a 
pressure tap, an emission monitor during loading operations, and a 
valid Kentucky pressure-vacuum test sticker. The revision also makes 
various word structure changes to add clarity.
    Regulation 7.55  Standard of Performance for New Insulation of 
Magnet Wire--The revision makes various sentence and word structure 
changes to add clarity.
    Regulation 7.59  Standard of Performance for New Miscellaneous 
Metal Parts and Products Surface Coating Operations--This revision 
amends and clarifies the VOC standards for surface coating operations 
and adds the definition of ``Extreme performance coating.'' The 
revision also makes various sentence and word structure changes to add 
clarity.
    Regulation 7.77  Standards of Performance for New Blast Furnace 
Casthouses--This revision adds a new regulation that provides for the 
control of emissions from new blast furnace casthouses, establishes the 
standard for particulate matter and references test methods and 
procedures in 40 CFR part 60, appendix A to be used in compliance with 
the standards.
    The Commonwealth of Kentucky also submitted amendments to 
Regulation 2.04 Construction or Modification of Major Sources in or 
Impacting upon Non-Attainment Areas (Emission Offset Requirements) of 
the Jefferson County portion of the Kentucky SIP. EPA is proposing to 
partially approve this revision of Regulation 2.04. The regulation as 
revised establishes applicability and requirements for the construction 
of new stationary sources and major modifications located within, or 
impacting, areas designated as nonattainment. The revision amends the 
definition of ``Major modification'' to be consistent with CAA and EPA 
requirements, and adds the following definitions to this regulation: 
``Major stationary source,'' ``Net emission increase,'' ``Potential to 
emit,'' ``Stationary source,'' ``Building, structure, facility or 
installation,'' ``Emission unit,'' ``Construction,'' ``Commence,'' 
``Necessary preconstruction approvals or permits,'' ``Allowable 
emissions,'' ``Federally enforceable,'' ``Secondary emissions,''

[[Page 33221]]

``Actual emissions,'' ``Fugitive emissions,'' ``Significant,'' ``Lowest 
Achievable Emission Rate,'' ``Reasonable further progress,'' ``Begin 
actual construction,'' ``Class I area,'' ``Adverse impact on 
visibility,'' ``State Implementation Plan,'' ``Mandatory Class I 
federal area,'' ``Natural conditions,'' and ``Visibility impairment.'' 
The revision establishes procedures for the initial screening analysis 
and determination of applicable requirements. The revision also 
establishes applicable requirements for new major sources or major 
modifications located in designated attainment or unclassifiable areas 
that may cause significant impact on the area's attainment of the 
NAAQS. Finally, the revision establishes the baseline for determining 
credit for emission reductions or offsets. EPA has determined that all 
of Regulation 2.04 as amended is approvable with the exception of 
subsection 3.2. The first sentence in subsection 3.2 requires the 
District to determine if a major stationary source or major 
modification is being constructed in a designated non-attainment area. 
The second and final sentence states that the applicability of the 
requirement to obtain offsets will be determined based on the projected 
attainment status of the area as of the new source start-up date. EPA 
cannot approve subsection 3.2 because this final sentence conflicts 
with existing EPA policy, which requires that the applicability of the 
offset requirement be based on the actual attainment status of the area 
as of the construction permit issuance date. EPA is therefore proposing 
to take no action on this subsection. Subsection 3.2 constitutes a 
completely separable portion of Regulation 2.04, since subsection 1.1 
of this regulation effectively requires a determination of whether a 
source or major modification is being constructed in a non-attainment 
area for purposes of establishing applicability. Thus, the omission of 
subsection 3.2 does not affect the completeness or approvability of 
Regulation 2.04.
    Jefferson County requested the following regulations to be removed 
from the SIP and supplemented the May 21, 1999, submittal with a 
negative declaration to guarantee there are no existing sources located 
in Jefferson County that are subject to the following rules. This 
action proposes to remove the following regulations from the federally-
approved SIP.

Regulation 6.11  Standards of Performance for Existing Iron and Steel 
Plants,
Regulation 6.25  Standard of Performance for Existing Sanitary 
Landfills,
Regulation 7.10  Standards of Performance for New Steel Plants Using 
Basic Oxygen Process Furnaces,
Regulation 7.13  Standards of Performance for New Petroleum Refineries,
Regulation 7.16  Standard of Performance for New Large Appliance 
Surface Coating Operations,
Regulation 7.17  Standard of Performance for New Automobile and Light 
Duty Truck Surface Coating Operations,
Regulation 7.19  Standard of Performance for New Metal Furniture 
Surface Coating Operations,
Regulation 7.21  Standards of Performance for New Gasoline Loading 
Facilities at Bulk Terminals,
Regulation 7.24  Standards of Performance for New General Surface 
Coating Operations,
Regulation 7.26  Standard of Performance for New Sanitary Landfills,
Regulation 7.27  Standards of Performance for New Portland Cement 
Plants,
Regulation 7.28  Standard of Performance for New Nitric Acid Plants,
Regulation 7.29  Standard of Performance for New Sulfuric Acid Plants,
Regulation 7.30  Standard of Performance for New Secondary Lead 
Smelters,
Regulation 7.31  Standards of Performance for New Secondary Brass and 
Bronze Ingot Production Plants,
Regulation 7.32  Standard of Performance for New Sewage Treatment 
Plants,
Regulation 7.33  Standard of Performance for New Kraft Paper Mills,
Regulation 7.37  Standard of Performance for New Primary Copper 
Smelters,
Regulation 7.38  Standard of Performance for New Primary Zinc Smelters,
Regulation 7.39  Standard of Performance for New Primary Lead Smelters,
Regulation 7.40  Standard of Performance for New Primary Aluminum 
Reduction Plants,
Regulation 7.41  Standard of Performance for New Wet Process Phosphoric 
Acid Plants,
Regulation 7.42  Standard of Performance for New Superphosphoric Acid 
Plants,
Regulation 7.43  Standard of Performance for New Diammonium Phosphate 
Plants,
Regulation 7.44  Standard of Performance for New Triple Superphosphate 
Plants,
Regulation 7.45  Standard of Performance for New Granular Triple 
Superphosphate Storage Facilities,
Regulation 7.46  Standard of Performance for New Coal Preparation 
Plants,
Regulation 7.47  Standard of Performance for New Ferroalloy Production 
Plants,
Regulation 7.48  Standard of Performance for Steel Plants and Foundries 
Using New Electric Arc Furnaces,
Regulation 7.49  Standard of Performance for New Grain Elevators,
Regulation 7.50  Standard of Performance for New Lime Manufacturing 
Plants,
Regulation 7.53  Standard of Performance for New Can Surface Coating 
Operations,
Regulation 7.54  Standard of Performance for New Coil Surface Coating 
Operations,
Regulation 7.61  Standard of Performance for New Pneumatic Rubber Tire 
Manufacturing Plants,
Regulation 7.62  Standard of Performance for Stationary Gas Turbine,
Regulation 7.63  Standard of Performance for New Electric Utility Steam 
Generating Units, and
Regulation 7.64 Standard of Performance for New Ammonium Sulfate 
Manufacturing Units. 

    Jefferson County requested that EPA remove Regulation 7.02 Control 
of Nuisances from the federally-approved SIP. This regulation was 
incorrectly approved into the SIP. EPA has determined that the Agency 
does not enforce the control of nuisances, therefore the rule should 
not have been approved into the SIP. The District has moved the 
requirements of this regulation to Regulation 1.12 Control of Nuisances 
and subsequently, EPA is proposing to remove Regulation 7.02 Control of 
Nuisances from the federally-approved SIP. Regulation 1.12 Control of 
Nuisances is not approved into the federally-approved SIP because it is 
not related to the District's compliance with the NAAQS.
    Jefferson County requested that EPA remove Regulation 7.23 Standard 
of Performance for New Perchloroethylene Dry Cleaning Systems from the 
federally-approved SIP. This revision is pursuant to the publication of 
a Federal Register document on February 7, 1996, (61 FR 4588) in which 
EPA adds perchloroethylene, also known as tetrachloroethylene, to the 
list of

[[Page 33222]]

compounds excluded from the definition of VOC. The effective date of 
this rule was March 6, 1996. Perchloroethylene continues to be 
regulated as a hazardous air pollutant (HAP) under section 112 of the 
CAA. This action proposes to remove Regulation 7.23 Standard of 
Performance for New Perchloroethylene Dry Cleaning Systems from the 
federally-approved SIP.

D. July 20, 1999 Submittal

    On July 20, 1999, the Commonwealth of Kentucky submitted the 
following revisions to the Jefferson County portion of the Kentucky 
SIP. EPA is proposing to approve these changes to the rules listed 
below which also include a recodification of the rules.
    Regulation 2.11  Air Quality Model Usage--This amendment removes 
all sections except Section 1 which adds a reference to 40 CFR part 51, 
appendix W to Guideline on Air Quality Models for guidance regarding 
the use of air quality modeling to support the use of emission 
reduction credits; and Jefferson County maintains authority to review 
and approve, on a case-by-case basis, the use of alternative or 
modified models performed for non-regulatory programs.
    Regulation 6.48  Standard of Performance for Existing Bakery Oven 
Operations--This amendment adds a new rule to establish the procedure 
for calculating VOC emissions for existing bakery oven operations, 
defines applicable terms, includes the method for calculating the VOC 
emissions from bakery ovens, and includes record keeping requirements. 
Sources with a daily production rate of less than one ton of yeast-
leavened bread are exempt from this regulation.
    The following regulation revisions make administrative changes that 
do not alter the sense, meaning, or effect of the rule. Examples of 
these administrative changes include recodification, rewording of 
headnotes, changing capitalization, spelling, punctuation, and 
typographical errors. The administrative revisions to the following 
regulations make various sentence and word structure changes to add 
clarity.

Regulation 1.05  Compliance with Emission Standards and Maintenance 
Requirements, 
Regulation 1.10  Circumvention, 
Regulation 2.01  General Application, 
Regulation 2.09  Causes for Permit Suspension, 
Regulation 3.01  Purpose of Standards and Expression of Non-Degradation 
Intention, 
Regulation 3.02  Applicability of Ambient Air Quality Standards,
Regulation 3.03  Definitions,
Regulation 3.05  Methods of Measurement,
Regulation 4.01  General Provisions for Emergency Episodes,
Regulation 4.02  Episode Criteria,
Regulation 4.03  General Abatement Requirements,
Regulation 4.04  Particulate and Sulfur Dioxide Reduction Requirements,
Regulation 4.05  Hydrocarbon and Nitrogen Oxides Reduction 
Requirements,
Regulation 4.06  Carbon Monoxide Reduction Requirements,
Regulation 6.07  Standards of Performance for Existing Indirect Heat 
Exchangers,
Regulation 6.08  Standard of Performance for Existing Incinerators,
Regulation 6.12  Standard of Performance for Existing Asphalt Paving 
Operations,
Regulation 6.13  Standard of Performance for Existing Storage Vessels 
for Volatile Organic Compounds,
Regulation 6.16  Standard of Performance for Existing Large Appliance 
Surface Coating Operations,
Regulation 6.18  Standards of Performance for Existing Solvent Metal 
Cleaning Equipment,
Regulation 6.19  Standard of Performance for Existing Metal Furniture 
Surface Coating Operations,
Regulation 6.26  Standards of Performance for Existing Volatile Organic 
Compound Water Separators,
Regulation 6.27  Standards of Performance for Existing Liquid Waste 
Incinerators,
Regulation 6.28  Standard of Performance for Existing Hot Air Aluminum 
Atomization Processes,
Regulation 6.29  Standard of Performance for Existing Graphic Arts 
Facilities Using Rotogravure and Flexography,
Regulation 6.30  Standard of Performance Existing Factory Surface 
Coating Operations of Flat Wood Paneling,
Regulation 6.32  Standard of Performance for Leaks from Existing 
Petroleum Refinery Equipment,
Regulation 6.33  Standard of Performance for Existing Synthesized 
Pharmaceutical Product Manufacturing Operations,
Regulation 6.34  Standard of Performance for Existing Pneumatic Rubber 
Tire Manufacturing Plants,
Regulation 6.35  Standard of Performance for Existing Fabric, Vinyl, 
and Paper Surface Coating Operations,
Regulation 6.38  Standard of Performance for Existing Air Oxidation 
Processes in Synthetic Organic Chemical Manufacturing Industries,
Regulation 6.40  Standards of Performance for Gasoline Transfer to 
Motor Vehicles (Stage II Vapor Recovery and Control),
Regulation 7.11  Standard of Performance for New Asphalt Paving 
Operations,
Regulation 7.12  Standard of Performance for New Storage Vessels for 
Volatile Organic Compounds,
Regulation 7.14  Standard of Performance for Selected New Petroleum 
Refining Processes and Equipment,
Regulation 7.18  Standards of Performance for New Solvent Metal 
Cleaning Equipment,
Regulation 7.34  Standard of Performance for New Sulfite Pulp Mills,
Regulation 7.35  Standard of Performance for New Ethylene Producing 
Plants,
Regulation 7.36  Standard of Performance for New Volatile Organic 
Compound Water Separators,
Regulation 7.52  Standard of Performance for New Fabric, Vinyl, and 
Paper Surface Coating Operations,
Regulation 7.56  Standard of Performance for Leaks from New Petroleum 
Refinery Equipment,
Regulation 7.57  Standard of Performance for New Graphic Arts 
Facilities Using Rotogravure and Flexography,
Regulation 7.58  Standard of Performance for New Factory Surface 
Coating Operations of Flat Wood Paneling, and
Regulation 7.60  Standard of Performance for New Synthesized 
Pharmaceutical Product Manufacturing Operations.

E. September 22, 2000 Submittal

    On September 22, 2000, the Commonwealth of Kentucky submitted the 
following revisions to the Jefferson County portion of the Kentucky 
SIP. EPA is proposing to approve these changes to the rules listed 
below.
    Regulation 7.01  General Provisions--This revision makes various 
sentence and word structure changes to add clarity to this regulation 
regarding standards of performance for new affected facilities. The 
revision also amends this regulation to require subject sources to 
comply with Regulation 6.16 Standard of Performance for Existing Large 
Appliance Surface Coating Operations and Regulation 6.17 Standard of 
Performance for Existing Automobile

[[Page 33223]]

and Truck Surface Coating Operations on the basis of a calendar-day 
averaging period. This amendment ensures that the removal of Regulation 
7.16 Standard of Performance for New Large Appliance Surface Coating 
Operations and Regulation 7.17 Standard of Performance for New 
Automobile and Light Duty Truck Surface from the SIP, as requested by 
Jefferson County on May 21, 1999, will not result in a relaxation of 
the compliance requirements for these sources. The revision also 
requires subject sources to demonstrate compliance with Regulation 6.17 
using capture efficiency as measured in accordance with Regulation 1.05  
Compliance with Emission Standards and Maintenance Requirements.
    Regulation 7.81  Standard of Performance for New or Modified Bakery 
Oven Operations--This revision adds a new regulation that provides for 
the quantification and control of VOC emissions from new or modified 
bakery oven operations that exceed 150 pounds of VOC emissions per day. 
The regulation applies to bakeries that produce bread, rolls, buns, and 
similar products, but not to those that produce non-yeast-leavened 
products. The regulation also establishes the standards and methods for 
control of VOC emissions, testing requirements, method for calculating 
VOC emissions, exemptions, and recordkeeping requirements.
    Regulation 8.01  Mobile Source Emissions Control Requirements--This 
revision makes various sentence and word structure changes to add 
clarity, and to increase the vehicle test fee to $11.00 in order to 
fully fund the District Vehicle Emissions Testing (VET) program. Three 
revisions were also made to comply with Kentucky legislative changes 
that were enacted during the 2000 session that require local vehicle 
inspection/maintenance (I/M) programs to more closely follow the format 
of the state I/M program. First, the fleet subject to VET was redefined 
to exclude motorcycles, vehicles older than 1968 model year and trucks 
over 18,000 pounds. Second, the existing enforcement mechanism used 
against noncompliant vehicle owners, which relied on computer matching 
of records and civil court action, was replaced with a registration 
revocation process that is implemented by the Commonwealth. Third, some 
of the requirements for issuance of certain types of certificates were 
modified; minor changes were made to the reciprocal testing requirement 
and to the allowable exemptions for military personnel living outside 
of the area. The District provided documentation that the above changes 
were estimated to have a de minimus impact on the emission reduction 
capability of the program.
    Regulation 8.02  Vehicle Emissions Testing Procedure--This 
regulation was revised to remove all testing requirements for 
motorcycles and vehicles older than 1968 model year. The regulation was 
also revised to remove the outdated idle mode exhaust gas emissions 
test procedure, which is no longer used.

II. Revised IBR Format Being Proposed for Approval By EPA in This 
Action

A. Background

    Each State is required to have a SIP which contains the control 
measures and strategies which will be used to attain and maintain the 
NAAQS. The SIP is extensive, containing such elements as emission 
inventories, monitoring network, attainment demonstrations, and 
enforcement mechanisms. The control measures and strategies must be 
formally adopted by each state after the public has had an opportunity 
to comment on them. They are then submitted to EPA as SIP revisions on 
which EPA must take formal action to approve or disapprove.
    Once these control measures are approved by EPA after notice and 
comment, they are incorporated into the SIP and are identified in part 
52 (Approval and Promulgation of Implementation Plans), Title 40 of the 
Code of Federal Regulations (40 CFR part 52). The actual state 
regulations which are approved by EPA are not reproduced in their 
entirety in 40 CFR part 52, but are ``incorporated by reference,'' 
which means that the citation of a given state regulation with a 
specific effective date has been approved by EPA. This format allows 
both EPA and the public to know which measures are contained in a given 
SIP and insures that the state is enforcing the regulations. It also 
allows EPA and the public to take enforcement action, should a state 
not enforce its SIP-approved regulations.
    The SIP is a living document which can be revised by a state as 
necessary to address the unique air pollution problems in the state. 
Therefore, EPA from time to time must take action on SIP revisions 
which may contain new and/or revised regulations. On May 22, 1997, (62 
FR 27968), EPA revised the procedures for incorporating by reference 
federally-approved SIP regulations, as a result of consultations 
between EPA and Office of Federal Register. EPA began the process of 
developing (1) a revised SIP document for each state that would be IBR 
under the provisions of 1 CFR part 51; (2) a revised mechanism for 
announcing EPA approval of revisions to an applicable SIP and updating 
both the IBR document and the CFR, and (3) a revised format of the 
``Identification of plan'' sections for each applicable subpart to 
reflect these revised IBR procedures. The description of the revised 
SIP document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997, (62 FR 27968) Federal 
Register. On May 27, 1999 (64 FR 28748), EPA revised the format of 40 
CFR part 52 for materials submitted by the Commonwealth of Kentucky 
that are IBR into the Kentucky SIP. This action is proposing to revise 
the format for materials that are IBR into the Jefferson County portion 
of the Kentucky SIP.

B. Content of Revised IBR Document

    The new SIP compilations contain the federally-approved portion of 
regulations and source specific SIP revisions submitted by each state 
agency. These regulations and source specific SIP revisions have all 
been approved by EPA through previous rule making actions in the 
Federal Register or are being proposed for approval in this Federal 
Register.
    Each compilation consists of two parts. Part 1 contains the 
regulations and part 2 contains the source specific SIP revisions that 
have been approved as part of the SIP. Each part has a table of 
contents identifying each regulation or each source specific SIP 
revision. The table of contents in the compilation corresponds to the 
table of contents published in 40 CFR part 52 for these states. The 
Regional EPA Offices have the primary responsibility for ensuring 
accuracy and updating the compilations on an annual basis. The Region 4 
EPA Office developed and will maintain the compilation for Jefferson 
County, Kentucky. A copy of the full text of a state's current 
compilation will also be maintained at the Office of Federal Register 
and EPA's Air Docket and Information Center. This revised format is 
consistent with the SIP compilation requirements of section 110(h)(1) 
of the Clean Air Act (CAA).

C. Revised Format of the ``Identification of Plan'' Sections in Each 
Subpart

    In order to better serve the public, EPA is proposing to revise the 
organization of the ``Identification of plan'' section and including 
additional information which will make it clearer as to what provisions 
constitute the enforceable elements of the SIP.

[[Page 33224]]

    The revised Identification of plan section will contain five 
subsections: (a) Purpose and scope, (b) Incorporation by reference, (c) 
EPA-approved regulations, (d) EPA-approved source-specific SIP 
revisions, and (e) EPA-approved nonregulatory provisions such as 
transportation control measures, statutory provisions, control 
strategies, monitoring networks, etc.

D. Enforceability and Legal Effect

    All revisions to the applicable SIP become federally enforceable as 
of the effective date of the revisions to paragraphs (c), (d) or (e) of 
the applicable identification of plan found in each subpart of 40 CFR 
part 52. To facilitate enforcement of previously-approved SIP 
provisions and provide a smooth transition to the new SIP processing 
system, EPA is retaining the original ``Identification of Plan'' 
section, previously appearing in the CFR as the first or second section 
of part 52 for each State subpart. After an initial two year period, 
EPA will review its experience with the new system and enforceability 
of previously-approved SIP measures, and will decide whether or not to 
retain the ``Identification of plan'' appendices for some further 
period.

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. This action 
merely proposes to approve state law as meeting federal requirements 
and imposes no additional requirements beyond those imposed by state 
law. Accordingly, the Administrator certifies that this proposed 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 proposes to approve 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 proposed rule also does 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), nor 
will it 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), because it merely proposes to approve 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 proposed rule also is not subject to Executive Order 13045 (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. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This proposed 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.).

List of Subjects in 40 CFR Part 52

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

    Dated: June 7, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 01-15616 Filed 6-20-01; 8:45 am]
BILLING CODE 6560-50-P
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