[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33674-33676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16154]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[KY86-2-6933a; FRL-5456-4]


Approval and Promulgation of Implementation Plans Kentucky: 
Approval of Revisions to the Kentucky State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Kentucky State 
Implementation Plan (SIP) submitted on December 29, 1994, by the 
Commonwealth of Kentucky through the Natural Resources and 
Environmental Protection Cabinet (Cabinet). The revisions pertain to 
Kentucky regulations 401 KAR 59:101 New Bulk Gasoline Plants and 401 
KAR 61:056 Existing Bulk Gasoline Plants. The revisions were the 
subject of a public hearing held on July 26, 1994, and became state 
effective September 28, 1994. The intended effect of these revisions is 
to clarify certain provisions and ensure consistency with requirements 
of the Clean Air Act.

DATES: This final rule is effective August 27, 1996 unless notice is 
received by July 29, 1996 that someone wishes to submit adverse or 
critical comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Scott M. Martin, 
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.
    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, Atlanta, Georgia 30365.
Natural Resources and Environmental Protection Cabinet, Department for 
Environmental Protection, Division for Air Quality, 803 Schenkel Lane, 
Frankfort, Kentucky 40601-1403.

FOR FURTHER INFORMATION CONTACT: Mr. Scott M. Martin, Regulatory 
Planning and Development Section, Air Programs Branch, Air Pesticides 
and Toxics Management Division, Region 4 Environmental Protection 
Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365. The 
telephone number is (404) 347-3555 ext. 4216.

SUPPLEMENTARY INFORMATION: On December 29, 1994, the Commonwealth of 
Kentucky through the Cabinet, submitted revisions to the Kentucky SIP. 
The revisions pertain to Kentucky regulations 401 KAR 59:101 New Bulk 
Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants. The 
revisions were the subject of a public hearing held on July 26, 1994, 
and became state effective September 28,

[[Page 33675]]

1994. The intended effect of these revisions is to clarify certain 
provisions and ensure consistency with requirements of the Clean Air 
Act. The following revisions apply to both 401 KAR 59:101 New Bulk 
Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
    1. Section 1. Applicability. This section was revised and contains 
language that details which facilities must comply with this 
regulation. These revisions do not relax the applicability 
requirements. Additionally, this section was renumbered to be section 
2.
    2. Section 2. Definitions. This section was renumbered as Section 
1.
    3. Section 3. VOCs. Paragraph 4, which reads as follows, ``The 
vapor balance system must be equipped with interlocking devices which 
prevent transfer of gasoline until the vapor return hose is connected'' 
was deleted. This regulation was deleted because new technology has 
been developed which deems it obsolete.
    4. Section 6. Compliance Timetable. This section, which outlines 
the timeframe for compliance with this regulation, is being added.
    5. Section 7. Exemptions. is being added. It reads as follows: ``An 
affected facility shall be exempt from this administrative regulation 
if the throughput is less than 4,000 gal/day. A rolling thirty (30) day 
average shall be allowed for determining applicability.'' This 
exemption is consistent with EPA policy.

Final Action

    EPA is approving the above referenced revisions to the Kentucky SIP 
because they meet the requirements of the EPA and the Clean Air Act 
(CAA). This action is being taken without prior proposal because the 
EPA 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 on August 27 1996 unless, by July 29, 1996 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 August 27, 1996.
    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 August 
27, 1996. 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)).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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. Section 603 and 
Section 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) and 7410(k)(3).

Unfunded Mandates

    Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 
EPA must undertake various actions in association with proposed or 
final rules that include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector, or to State, 
local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 110 of the CAA. 
These rules may bind State, local and tribal governments to perform 
certain duties. EPA has examined whether the rules being approved by 
this action will impose any mandate upon the State, local or tribal 
governments either as the owner or operator of a source or as a 
regulator, or would impose any mandate upon the private sector. EPA's 
action will impose no new requirements; such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. Therefore, this final action 
does not include a mandate that may result in estimated costs of $100 
million or more to State, local, or tribal governments in the aggregate 
or to the private sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
Reference, Intergovernmental relations, Particulate Matter, Reporting 
and Recordkeeping requirements, Sulfur Oxides.

    Dated: March 12, 1996.
Phyllis Harris,
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.

[[Page 33676]]

Subpart S--Kentucky

    2. Section 52.920 is amended by adding paragraph (c) (84) to read 
as follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) * * *
    (84) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on 
December 29, 1994. The regulations being revised are 401 KAR 59:101 New 
Bulk Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
    (i) Incorporation by reference. Division for Air Quality 
regulations 401 KAR 59:101 New bulk gasoline plants, and 401 KAR 61:056 
Existing bulk gasoline plants, effective September 28, 1994.
    (ii) Additional material. None.

[FR Doc. 96-16154 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P