Approval and Promulgation of Implementation Plans Kentucky: Approval of Revisions to the Kentucky State Implementation Plan Regulating Volatile Organic Compounds
Federal RegisterJun 23, 1994
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY-066-1-5698; KY-071-1-6129; KY-070-1-6193; FRL-4882-5]
Approval and Promulgation of Implementation Plans Kentucky:
Approval of Revisions to the Kentucky State Implementation Plan
Regulating Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On October 20, 1992, February 17, 1993, and March 4, 1993, the
Commonwealth of Kentucky, and Jefferson County, Kentucky, respectively,
through the Natural Resources and Environmental Protection Cabinet,
submitted revisions to the Kentucky State Implementation Plan (SIP).
EPA is approving or conditionally approving these submittals of
revisions relating to the control of Volatile Organic Compounds (VOCs).
The October 20, 1992 and February 17, 1993, submittals corrected, or
committed to correct, all of Kentucky's deficiencies between EPA's
requirements and the Commonwealth's SIP. The February 17, 1993,
submittal also contained regulations for the purpose of implementing
permitting revisions for new VOC sources within the Commonwealth of
Kentucky's ozone nonattainment areas.
DATES: This final rule will be effective August 22, 1994 unless notice
is received by July 25, 1994 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: Comments on these submittals may be mailed to Doug Deakin at
the EPA Region IV address listed below. Copies of the material
submitted by the Commonwealth of Kentucky may be examined during normal
business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102),
U.S. Environmental Protection Agency, 401 M Street, SW., Washington,
DC 20460.
Region IV Air Programs Branch, Environmental Protection Agency, 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 or Doug Deakin of the
EPA Region IV Air Programs Branch at (404) 347-2864 or at the Region
IV's address.
SUPPLEMENTARY INFORMATION: On March 3, 1978 (43 FR 8962), EPA
designated Jefferson County; Boyd County; and Boone, Kenton, and
Campbell Counties (the Kentucky portion of the Cincinnati Area,
Northern Kentucky) as nonattainment areas for ozone. The Commonwealth
of Kentucky was subsequently required to revise its ozone SIP for these
areas. The Commonwealth officially submitted Appendix N--the Jefferson
County portion of the Kentucky SIP, and the Kentucky SIP, to the EPA on
June 6, 1979. On January 25, 1980, the EPA announced final approval of
Appendix N and the Kentucky ozone SIP.
The approved control strategy did not result in attainment of the
National Ambient Air Quality Standard (NAAQS) for ozone by December 31,
1987, and EPA called upon the Commonwealth to revise the SIP. All of
the deficiencies that were required to be corrected were identified in
the two November 9, 1987, letters from Winston A. Smith, Director of
Air, Pesticides & Toxics Management Division, to: (1) Roger McCann,
Director, Division of Air Quality, Commonwealth of Kentucky's Natural
Resources and Environmental Protection Cabinet; and (2) and Robert T.
Offutt, Secretary-Treasurer, Jefferson County Air Pollution Control
District. Subsequently, the SIP call letter for ozone from Greer C.
Tidwell, the EPA Regional Administrator, to Governor Wallace G.
Wilkinson on May 26, 1988, required the Commonwealth to correct these
deficiencies. This letter, pursuant to section 110(a)(2)(H) of the 1977
Clean Air Act, notified Kentucky that the SIP was substantially
inadequate to achieve the NAAQS for ozone in Northern Kentucky,
Jefferson County, and Boyd County and called upon the Commonwealth to
revise the SIP.
The Clean Air Act was amended on November 15, 1990, Public Law 101-
549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended
section 182(a)(2)(A), Congress statutorily adopted the requirement that
ozone nonattainment areas fix their deficient Reasonably Available
Control Technology (RACT) rules for ozone. Areas designated
nonattainment before amendment of the CAA and which retained that
designation and were classified as marginal or above as of enactment
are required to meet the RACT Fix-ups requirement. Under section
182(a)(2)(A), those areas were required by May 15, 1991, to correct
RACT regulations as required under pre-amendment guidance.1 The
SIP call letters interpreted that guidance and indicated corrections
necessary for specific nonattainment areas. The Jefferson County, Boyd
County, and Northern Kentucky nonattainment areas, classified as
moderate,2 were pre-enactment nonattainment areas. Therefore,
these areas are subject to the RACT fix-up requirement and the May 15,
1991, deadline.
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\1\Among other things, the pre-amendment guidance consists of
the VOC RACT portions of the Post-87 policy, 52 FR 45044 (Nov. 24,
1987); the Bluebook, ``Issues Relating to VOC Regulation Cutpoints,
Deficiencies and Deviations, Clarification to Appendix D of November
24, 1987 Federal Register Notice'' (of which notice of availability
was published in the Federal Register on May 25, 1988); and the
existing Control Technology Guidelines (CTGs).
\2\Jefferson County, Boyd County, and Northern Kentucky retained
their designation of nonattainment and were classified by operation
of law pursuant to sections 107(d) and 181(a) upon enactment of the
Amendments. 56 FR 56694 (November 6, 1991).
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Kentucky failed to meet the May 15, 1991, date and EPA notified the
Commonwealth on June 25, 1991, that a finding of failure to submit had
been made. This finding of failure to submit was published on October
22, 1991 (56 FR 54554), triggering the: (1) 18-month time clock for
mandatory application of sanctions under section 179(a) and (2) the 2-
year time clock for promulgation of a Federal Implementation Plan (FIP)
VOC regulations for these areas as required by section 110(c)(1).
The 18-month period prior to application of mandatory sanctions
ended on April 22, 1993. Kentucky and Jefferson County, Kentucky
submitted SIP revisions through the Natural Resources and Environmental
Protection Cabinet to EPA on February 12, 1992, October 20, 1992,
February 17, 1993 and March 4, 1993--prior to the April 22, 1993
deadline. Because the revisions addressed all RACT Fix-up deficiencies
and were found to contain all required administrative and technical
components, the 18-month time clock for mandatory application of
sanctions under section 179(a) was stopped. However, the Federal
Implementation Plan (FIP) clock continued to run. EPA's final approval
action relieves EPA of the FIP obligation for those portions of the
submittal that are being fully approved. EPA is approving the following
revisions except where it is specifically noted that the revision is
being conditionally approved.
The air quality planning and SIP requirements for ozone
nonattainment and transport areas are set out in subparts I and II of
part D of title I of the CAA. Section 182 of the CAA sets out a
graduated control program for ozone nonattainment areas. Following is a
summary of the applicable revisions addressing these requirements.
Action was taken on the SIP revisions submitted on February 12,
1992, in 58 FR 54516. This notice approves the SIP revisions contained
in the October 20, 1992, February 17, 1993 and March 4, 1993,
submittals.
Jefferson County, KY
Regulation 1.05. Compliance With Emission Standards and Maintenance
Requirements
Section 3.4.2 was amended, clarifying that a source must notify the
district in writing when changes are made to capture or control
equipment.
Section 4.0 was added and specifies which sources are applicable
and details how sources are required to maintain daily records that
demonstrate compliance with the VOC emission standards defined in
Regulations 6 and 7.
Regulation 1.06. Source Self-Monitoring and Reporting
Section 1.0 was amended to state that in selected instances
involving the incineration of hazardous infectious wastes where
repeated or on-going violations occur, Jefferson County may require the
use of data storage, transmission equipment, and transmission lines to
be used in emission monitoring. This section was also amended to state
that Jefferson County may require more specific requirements for
individual facilities than regulations applicable to such facility. The
final revision to this section was a minor change to clarify the
regulation.
Section 3 was amended to specify in greater detail the requirements
for reporting emissions data.
Regulation 6.17. Standard of Performance for Existing Automobile and
Truck Surface Coating Operations
Section 1.0 was amended to revise the applicability of the
regulation to all trucks in lieu of only light duty trucks. All
references in this regulation to ``light duty trucks'' have been
revised to ``trucks.''
Definition 2.14 ``Light-duty truck'' was deleted.
Definition 2.22 was added to define ``Truck.'' Truck is defined as,
``a vehicle, regardless of size or weight, designed primarily for
transportation of payloads or property consisting of, but not limited
to, thirteen or more passengers, cargo, recreational or commercial
equipment.''
Regulation 6.36. Standard of Performance for Existing Metal Parts and
Products Surface Coating Operations at Heavy Duty Truck Manufacturing
Plants
This regulation is repealed. Sources previously subject to this
regulation are now subject to Regulation 6.17 Standard of Performance
for Existing Automobile and Truck Surface Coating Operations.
The Commonwealth of Kentucky
391-3-1-.03--New Source Permits
The CAA requires all classified nonattainment areas to meet several
requirements regarding new source review (NSR) provisions to ensure
that increased emissions of volatile organic compounds will not result
from any new or major source modifications. These requirements include
a rule for modifications of major sources (i.e., those emitting 100
tons or more) and a general offset rule. The Kentucky Natural Resources
and Environmental Protection Cabinet submitted a revised NSR permitting
rule on February 17, 1993, to incorporate new VOC and NOX ozone
nonattainment area permit review requirements for new and modified
sources in Kentucky's nonattainment areas. The revised permit
requirements meet new offset ratios and additional provisions for
moderate ozone nonattainment areas pursuant to section 182(b) of the
CAA.
Recodification
Throughout the following regulations submitted for amendment by the
Commonwealth of Kentucky, minor revisions were made which clarified the
meaning or recodified the regulation. However, the intent and the
applicability of the regulations remains the same. These minor
revisions will not be detailed below.
The order of Section 1 Applicability and Section 2 Definitions was
changed to Section 1 Definitions and Section 2 Applicability. This
change was made in the following regulations:
Regulation 401 KAR 51:017. Prevention of significant deterioration of
air quality;
Regulation 401 KAR 51:052. Review of New Sources in or impacting on
nonattainment areas;
Regulation 401 KAR 59:175. New service stations;
Regulation 401 KAR 59:185. New solvent metal cleaning equipment;
Regulation 401 KAR 59:190. New insulation of magnet wire operations;
Regulation 401 KAR 59:210. New fabric, vinyl and paper surface coating
operations;
Regulation 401 KAR 59:212. New graphic arts facilities using
rotogravure and flexography;
Regulation 401 KAR 59:214. New factory surface coating operations of
flat wood paneling;
Regulation 401 KAR 59:225. New miscellaneous metal parts and products
surface coating operations;
Regulation 401 KAR 59:230. New synthesized pharmaceutical product
manufacturing operations;
Regulation 401 KAR 59:240. New perchloroethylene dry cleaning systems;
Regulation 401 KAR 61:050. Existing storage vessels for petroleum
liquids;
Regulation 401 KAR 61:085. Existing service stations;
Regulation 401 KAR 61:090. Existing automobile and light-duty truck
surface coating operations;
Regulation 401 KAR 61:095. Existing solvent metal cleaning equipment;
Regulation 401 KAR 61:100. Existing insulation of magnet wire
operations;
Regulation 401 KAR 61:105. Existing metal furniture surface coating
operations;
Regulation 401 KAR 61:110. Existing large appliance surface coating
operations;
Regulation 401 KAR 61:120. Existing fabric, vinyl and paper surface
coating operations;
Regulation 401 KAR 61:124. Existing factory surface coating operations
of flat wood paneling;
Regulation 401 KAR 61:125. Existing can surface coating operations;
Regulation 401 KAR 61:130. Existing coil surface coating operations;
Regulation 401 KAR 61:132. Existing miscellaneous metal parts and
products surface coating operations;
Regulation 401 KAR 61:137. Leaks from existing petroleum refinery
equipment;
Regulation 401 KAR 61:150. Existing synthesized pharmaceutical product
manufacturing operations;
Regulation 401 KAR 61:155. Existing pneumatic rubber tire manufacturing
plants;
Regulation 401 KAR 61:160. Existing perchloroethylene dry cleaning
systems;
Regulation 401 KAR 61:175. Leaks from existing synthetic organic
chemical and polymer manufacturing equipment;
Regulation 401 KAR 63:025. Asphalt paving operations;
Regulation 401 KAR 63:031. Leaks from gasoline tank trucks.
Definitions
The definition of ``Classification date'' was amended to state
``June 29, 1979,'' in lieu of ``the effective date of this regulation''
in the following regulations:
Regulation 401 KAR 59:190,
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:125, and
Regulation 401 KAR 61:130.
The definition of ``Classification date'' was amended to state
``February 4, 1981,'' in lieu of ``the effective date of this
regulation'' in the following regulations:
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230,
Regulation 401 KAR 59:240,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:132,
Regulation 401 KAR 61:137,
Regulation 401 KAR 61:150,
Regulation 401 KAR 61:155, and
Regulation 401 KAR 61:160.
The definition of ``Process storage'' was amended. ``* * * storage
tanks. . .'' was revised to ``* * * storage tanks of petroleum liquids
* * *'' and 401 KAR 59:052 was added to the list of regulations this
definition references in the following regulations:
Regulation 401 KAR 59:190,
Regulation 401 KAR 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130, and
Regulation 401 KAR 61:132.
The definition of ``Volatile organic compounds'' was deleted from
the following regulations (which now reference the general definition):
Regulation 401 KAR 59:185,
Regulation 401 KAR 59:190,
Regulation 401 KAR 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230,
Regulation 401 KAR 59:240,
Regulation 401 KAR 61:050,
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:095,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130,
Regulation 401 KAR 61:132,
Regulation 401 KAR 61:137,
Regulation 401 KAR 61:150,
Regulation 401 KAR 61:155,
Regulation 401 KAR 61:160,
Regulation 401 KAR 61:175, and
Regulation 401 KAR 63:025.
Applicability
The Applicability section was amended to meet EPA requirements.
These regulations are now applicable to a facility commenced on or
after June 29, 1979, and located in moderate or above nonattainment
area or a facility commenced on or after the effective date of this
regulation and is a portion of a major source located in an attainment
area or marginal nonattainment area. A facility commenced on or after
June 29, 1979, but prior to the effective date of this regulation, and
is a portion of a major source located in an attainment area or
marginal nonattainment area shall be exempt from this regulation except
that control devices and procedures required at the time it commenced
shall continue to remain. This amendment is found in the following
regulations:
Regulation 401 KAR 59:185,
Regulation 401 KAR 59:190, and
Regulation 401 KAR 59:210.
The following regulations have the same revisions as above except
the date February 4, 1981 should be used in lieu of June 29, 1979. Also
the following regulations were amended to eliminate the following
language, ``The provisions of this regulation shall not apply to
affected facilities in the following counties: Garrard, Graves,
Hopkins, Laurel, Montgomery, Nelson, Pulaski, Scott, Taylor, Trigg, and
Union prior to designation of such counties non attainment for ozone
under 401 KAR 51:010:''
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230, and
Regulation 401 KAR 59:240.
The Applicability was amended to state that this regulation shall
apply to each affected facility commenced before June 29, 1979, which
is located in a county or a portion of county which is designated ozone
nonattainment for any nonattainment classification except marginal
under 50:010. The following regulations were revised:
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:095,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130,
Regulation 401 KAR 61:132,
Regulation 401 KAR 61:137,
Regulation 401 KAR 61:155, and
Regulation 401 KAR 61:160.
The Applicability was amended to state that this regulation shall
apply to each affected facility commenced on or before June 6, 1979,
which is located in a county or a portion of county which is designated
ozone nonattainment for any nonattainment classification except
marginal under 50:010. The following regulations were revised:
Regulation 401 KAR 59:175, and
Regulation 401 KAR 61:085.
Compliance
The Compliance Section, subsection (2) was amended to state that
capture efficiency shall be determined by procedures specified in 401
KAR 50:047 in all ozone nonattainment areas except marginal. Subsection
(4) was amended to add that EPA Reference Method 24 has been
incorporated by reference and shall be used to determine compliance of
the coatings. This subsection was also amended to state that case-by-
case alternatives approved by the cabinet, but not previously
authorized by the EPA must be submitted to the EPA as a SIP revision.
Additionally, this subsection was amended to delete four (4) methods
which determined compliance of coatings. Subsections (5)--(8) were
added to detail rules for compliance. This amendment is found in the
following regulations:
Regulation 401 KAR 59:190,
Regulation 401 KAR 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214, and
Regulation 401 KAR 59:225.
The following regulations have the same amendments as detailed
above except that subsection (2) was amended to state that ``capture
efficiency shall be determined by procedures specified in 401 KAR
50:047'' in lieu of ``capture efficiency shall be determined by
procedures specified in 401 KAR 50:047 in all ozone nonattainment areas
except marginal:''
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130, and
Regulation 401 KAR 61:132.
A compliance timetable section was added and states that affected
facilities which were subject to this regulation as in effect on June
29, 1979, shall have achieved final compliance upon start-up.
Facilities that become subject to this regulation for any reason other
than construction, modification, or reconstruction have a detailed
timetable to plan, contract, construct and implement pollution control
equipment. An affected facility subject to this regulation because it
is located in a county previously designated non-urban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final
compliance may be extended to May 31, 1995. This amendment is found in
the following regulations:
Regulation 401 KAR 59:185,
Regulation 401 KAR 59:190, and
Regulation 401 KAR 59:210.
The following regulations have the same amendments as above except
the date is February 4, 1981, in lieu of June 29, 1979:
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230, and
Regulation 401 KAR 59:240.
The following regulations have the same amendments as above except
the date is December 3, 1980, in lieu of June 29, 1979, and the date
February 8, 1994 in lieu of May 31, 1995:
Regulation 401 KAR 59:175, and
Regulation 401 KAR 61:085.
The Compliance Section, section (7) was amended to include
effective date and final compliance date. Subsection (2) was amended
and details a timetable for facilities that become subject to these
regulations on or after the effective date of this regulation to plan,
contract, construct and implement pollution control equipment. The
following regulations were revised:
Regulation 401 KAR 61:095,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:125, and
Regulation 401 KAR 61:130.
Exemptions
The Exemptions Section was amended to state, ``. . . if the VOC
content of the coating is less than . . . excluding water or exempt
solvent or both, delivered . . .'' in lieu of ``. . . if the VOC
content of the coating is less than . . . excluding water delivered . .
. .'' Activity level criteria were added to this section which, if met,
would exempt a facility from the provisions of the regulation. Finally,
the final compliance date which has passed was deleted from this
section in Chapter 59 regulations. The following regulations have been
amended:
Regulation 401 KAR 59:190,
Regulation KAR 401 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130, and
Regulation 401 KAR 61:132.
The Exemption Section was amended to reflect a monthly throughput
level of 10,000 gallons in lieu of an annual throughput of 120,000
gallons in the following regulations:
Regulation 401 KAR 59:175, and
Regulation 401 KAR 61:085.
Variances
The Variance Section in the following regulations was deleted:
Regulation KAR 401 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230,
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:132,
Regulation 401 KAR 61:150, and
Regulation 401 KAR 61:155.
Regulation 401 KAR 50:010. Definitions and Abbreviations of Terms Used
in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65
Section 1 was revised to state that the definitions not defined in
this regulation have the meaning given to them in KRS224.01-010 in lieu
of 224.005.
Definitions (2), (4), (10), and (16) were revised to reference KRS
224.01-010 in lieu of KRS 224.005.
Definitions (21), (30), (31), (48), and (49) were added to define
the five (5) classifications of nonattainment--marginal, moderate,
serious, severe, and extreme.
Definition (61) ``Volatile organic compound'' was amended to add
additional compounds to be exempt from the definition because they do
not participate in atmospheric photochemical reactions. This definition
was revised to be consistent with EPA's definition (36 FR 11418), with
the exception that will be described below.
Section 3. Definitions for (1) ``Capture'', (2) ``Capture system,''
(3) ``Capture efficiency,'' (4) ``Control device,'' (5) ``Control
system,'' (6) ``Destruction of removal system,'' (7) ``Gas-gas
method,'' (8) ``Hood,'' (9) ``Liquid-gas method,'' (10) ``Overall
emission reduction efficiency'' were added.
Regulation 401 KAR 50:012. General Application
Subsection 1(4) was added to state ``Except as provided by 401 KAR
50:055, nothing in these regulations shall allow a source to remove
control equipment or discontinue procedures previously required in a
nonattainment area to achieve the national ambient air quality
standards until a SIP containing different requirements has been
approved by the U.S. EPA.''
Regulation 401 KAR 50:047. Test Procedures for Capture Efficiency
This regulation was added to define procedures for determining
capture efficiency.
Section 1 defines (1) ``Capture,'' (2) ``Capture system,'' (3)
``Capture efficiency,'' (4) ``Capture efficiency protocol,'' (5)
``Control device,'' (6) ``Control system,'' and (7) ``Hood.''
Section 2 states ``This regulation shall apply to all regulated VOC
emitting processes employing a control system which are located in an
ozone nonattainment area except marginal.''
Section 3 defines the procedure for an affected facility to submit
and Kentucky to approve a proposed capture efficiency protocol.
Regulation 401 KAR 50:010. Definitions and Abbreviations of Terms Used
in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65.
Regulation 401 KAR 51:001. Definitions and Abbreviations of Terms Used
in Title 401, Chapter 51. Regulation 401 KAR 59:001. Definitions and
Abbreviations of Terms Used in Title 401, Chapter 59. Regulation 401
KAR 61:001. Definitions and Abbreviations of Terms Used in Title 401,
Chapter 61. Regulation 401 KAR 63:001. Definitions and Abbreviations of
Terms Used in Title 401, Chapter 63
Regulations 51:001, 59:001, 61:001 and 63:001 were added to define
terms and abbreviations for chapters 51, 59, 61 and 63, respectively.
These regulations are, at present, still deficient in their
definition of VOCs. Currently, these definitions state ``For the
purposes of determining compliance with emission limits, VOCs shall be
measured by test methods that have been approved by the cabinet.''
These regulations must state that alternative test methods shall have
prior approval from the EPA. In a letter dated March 25, 1994, the
Commonwealth committed to correct these deficiencies for the VOC
definitions by March 15, 1995. The EPA is conditionally approving this
portion of the SIP submittals, dependant upon the Commonwealth's
correction of the deficiencies by March 15, 1995.
Regulation 401 KAR 51:010. Attainment Status Redesignations
Sections 1, 2 and 3 were amended to reference section 4, section 5,
section 6, section 7, or section 8 in lieu of Appendix A, Appendix B,
Appendix C, Appendix D, or Appendix E respectively.
Section 2(2) was amended to reference ``Section 107(d)(1) of 42
U.S.C. 7407 et seq'' in lieu of ``Section 107(d)(1) of the Clean Air
Act.''
Sections previously titled ``Appendix A,'' ``Appendix B,''
``Appendix C,'' ``Appendix D'' and ``Appendix E'' were amended to be
titled ``Section 4,'' ``Section 5,'' ``Section 6,'' ``Section 7'' and
``Section 8'' respectively.
Regulation 401 KAR 51:017. Prevention of Significant Deterioration of
Air Quality
Definitions (1), (2), (5), (7), (12), (14), (15), and (23), were
amended to more specifically reference ``the Clean Air Act, 42 U.S.C.
7401.''
Definition 1, subsection (3)(c) was added to state that fugitive
emissions shall not be counted unless the source belongs to one of the
twenty-seven (27) categories listed in this subsection.
Definition (3) ``Net emission increase,'' was amended to include
the following underlined words, ``An increase or decrease in actual
emissions of sulfur dioxide, particulate matter, or nitrogen oxides
which occurs before the applicable minor source baseline date is
creditable only if it shall be considered in calculating the amount of
maximum allowable increases remaining available.'' Also, the definition
was changed from ``* * * creditable only if it is required to be
considered * * *'' to ``* * * creditable only if it shall be considered
* * *''
Definition (6) ``Building, structure, facility, or installation''
was revised to incorporate by reference the Standard Industrial
Classification Manual, 1987.
Definitions (13) ``Baseline concentration'' and (15) ``Baseline
area'' were amended and (14) ``Major source baseline date'' was added.
The definitions define baseline concentrations in terms of minor source
and major source baseline concentrations.
Definition (17) ``Federally enforceable'' was amended to add ``40
CFR Part 51, including operating permits issued under an EPA-approved
program incorporated into the State Implementation Plan,'' as federally
enforceable limitations and conditions.
Definition (21) ``Actual emissions'' was amended to state that
actual emissions shall be those emitted during the two (2) year period
which proceeds a date in lieu of a two year period prior to a date. The
definition was amended to state that the cabinet ``may allow'' the use
of a different time period in lieu of ``shall allow'' the use of
different time period.
Definition (23) ``Significant'' was amended to reference pollutants
listed in ``Section 22'' of this regulation which was previously
``Appendix A.''
Definition (28) ``State Implementation Plan'' was deleted.
Section 3 was amended to state that increases in pollutant
concentrations will be limited to levels specified in ``Section 23''
which was previously ``Appendix B.''
Subsection 5(1) was amended to add ``which were in existence on
August 7, 1977,'' to the definition of Class 1 areas.
Subsection 5(4) was added to define areas that may only be
redesignated as Class I or II areas.
Subsection 6(1)(d) was amended to include nitrogen oxides to the
list of pollutants whose temporary concentrations may be excluded from
determining compliance with a maximum allowable increase. The
subsection was also amended to state that subsection (4) of this
section contains the criteria that must be met for a temporary
exclusion.
Subsection 6(3) was amended to reference ``40 CFR 51.166'' in lieu
of ``40 CFR 51.24.''
Subsection 6(4) was amended to add the language, ``For the purposes
of excluding concentrations pursuant to subsection (1)(d) of this
section * * *,'' to state what can be excluded if the listed criteria
are met. The subsection was also amended to add nitrogen oxides to the
list of pollutants for the purposes of excluding temporary
concentrations.
Section 8(8) was amended to reference ``Section 24'' of this
regulation which was ``Appendix C'' to this regulation.
Section 8(9)(b) was amended to add ``40 CFR 52.21'' to the criteria
which determine which sources are applicable to section 12 of this
regulation.
Section 11 was amended to reference ``401 KAR 50:040'' in lieu of
``401 KAR 50:015.''
Section 12(1)(d) was amended to state, ``* * * except that, if the
cabinet determines that the monitoring data gathered over a period
shorter than one (1) year (but not to be less than four (4) months)
will be obtained during a time period when maximum air quality levels
can be expected,* * *'' in lieu of ``except that, if the applicant
demonstrates through historical data or dispersion models that the
monitoring data gathered over a period shorter than one (1) year (but
not to be less than four (4) months) will be obtained during a time
period when maximum air quality levels can be expected,* * *''
Section 12(3) references 401 KAR 50:015. This section was amended
to reflect that 401 KAR 50:015 has been incorporated into the SIP.
Section 15(8) was amended to reference ``Section 26'' which was
previously ``Appendix E.''
Section 18 was amended to more specifically reference ``the
National Environmental Policy Act, 42 U.S.C. 4321.''
Section 19(2)(e) was added as a criteria for determining if a
source may employ innovative control technology. This criteria states
that section 15 of this regulation relating to Class I areas must be
satisfied for all periods during the life of the source or
modification.
Section 21 was added to incorporate by reference the 1987 Standard
Industrial Classification Manual.
Sections previously titled ``Appendix A,'' ``Appendix B,''
``Appendix C,'' ``Appendix D'' and ``Appendix E'' were amended to be
titled ``Section 22,'' ``Section 23,'' ``Section 24,'' ``Section 25''
and ``Section 26'' respectively.
Regulation 51:052. Review of New Sources in or Impacting on
Nonattainment Areas
Section 1, Definitions, was amended to reference 401 KAR 51:001 in
lieu of 401 KAR 50:010.
Section 1: Definitions (7), (13), (14), (23) and (24), section 2,
and section 3(2) were amended to reference ``42 U.S.C. 7401 et seq.''
in lieu of ``the Clean Air Act.''
Definition (13), ``Major Modification,'' was amended to reference
``40 CFR 51.165'' in lieu of ``40 CFR 51.18.''
Definition (14), ``Major stationary source,'' was amended to
determine the definition of a major stationary source dependant on the
attainment or level of nonattainment of the area which contains the
source.
Regulation 59:175. New Service Stations. Regulation 61:085 Existing
Service Stations
Definition (7) ``Interlocking system'' was eliminated.
Section 3(c) removed all references to interlocking systems.
Regulation 401 KAR 59:225. New Miscellaneous Metal Parts and Products
Surface Coating Operations. Regulation 401 KAR 61:132. Existing
Miscellaneous Metal Parts and Products Surface Coating Operations
Definition (15) ``Glass primer'' was added to both regulations and
means a primer applied to the body of a vehicle to etch the topcoat for
the purpose of ensuring a positive bond with the adhesive used to
secure the windshield and back glass to the vehicle in a manner
consistent with federal safety regulations.
In KAR 61:132, section 5 Compliance Timetable was amended to state,
``Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by
December 31, 1982.'' Subsection (2) was amended and details a timetable
for facilities that become subject to this regulation on or after the
effective date of this regulation to plan, contract, construct and
implement pollution control equipment.
In KAR 52:225, Section 6 Exemptions was amended to detail what
conditions will enable an affected facility to be exempt from this
regulation. Section 6(4) was added to exempt sources from this
regulation that use less than fifty-five (55) gallons during the past
twelve (12) months. Section 6(5) was added to exempt glass primer with
a VOC content equal to or less than 6.9 lb/gal of glass primer,
excluding water or exempt solvent or both.
Regulation 401 KAR 59:230. New Synthesized Pharmaceutical Product
Manufacturing Operations. Regulation 401 KAR 61:150. Existing
Synthesized Pharmaceutical Product Manufacturing Operations
In KAR 59:230, section 6 was amended to add, ``If the cabinet
requests it, the owner shall demonstrate to the cabinets satisfaction
why repairs could not be completed within the initial fifteen day
period.'' The section was also amended to add, ``Case-by-case
alternatives approved by the cabinet, but not previously authorized by
the EPA, shall be submitted to the EPA as a SIP revision.''
In KAR 61:150, section 2 Applicability was amended to state that
this regulation shall apply to each affected facility commenced before
February 4, 1981, which is located in a county or a portion of county
which is designated ozone nonattainment for any nonattainment
classification except marginal under 50:010. The applicability section
was amended to eliminate the language which states sections 3(4) and
4(3) of this regulation shall not apply to affected facilities the
following counties: Garrard, Graves, Hopkins, Laurel, Montgomery,
Nelson, Pulaski, Scott, Taylor, Trigg, and Union.
In KAR 61:150, section 3 Standard for VOCs, section 6 was amended
to add, ``If the cabinet requests it, the owner shall demonstrate to
the cabinets satisfaction why repairs could not be completed within the
initial fifteen (15) day period.'' The section was also amended to add,
``Case-by-case alternatives approved by the cabinet, but not previously
authorized by the EPA, shall be submitted to the EPA as a SIP
revision.''
In KAR 61:150, section 4 Compliance Timetable was amended to state,
``Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by
December 31, 1982.'' Subsection (2) was amended and details a timetable
for facilities that become subject to this regulation on or after the
effective date of this regulation to plan, contract, construct and
implement pollution control equipment.
Regulation 401 KAR 59:240. New Perchloroethylene Dry Cleaning Systems.
Regulation 401 KAR 61:160. Existing Perchloroethylene Dry Cleaning
Systems
In KAR 59:240 and KAR 61:160, section 7 Variances was amended to
add, ``Case-by-case alternatives approved by the cabinet, but not
previously authorized by the EPA, shall be submitted to the EPA as a
SIP revision.''
In KAR 61:160, Section 2 Applicability was amended to eliminate the
language which states sections 3(4) and 4(3) of this regulation shall
not apply to affected facilities the following counties: Garrard,
Graves, Hopkins, Laurel, Montgomery, Nelson, Pulaski, Scott, Taylor,
Trigg, and Union.
In KAR 61:160, section 4 Compliance, subsection (3) was amended to
state that ASTM methods have been incorporated in 401 KAR 50:015 in
lieu of filed by reference in 401 KAR 50:015.
In KAR 61:160, section 5 Compliance Timetable was amended to state,
``Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by
December 31, 1982.'' Subsection (2) was amended and details a timetable
for facilities that become subject to this regulation on or after the
effective date of this regulation to plan, contract, construct and
implement pollution control equipment.
Regulation 401 KAR 59:315. Specific New Sources
This regulation is new and states the following.
Regulations 61:055, 61:090, 61:105, 61:110, 61:125, 61:130, 61:137,
61:155, and 61:175 shall apply to: (1) Each affected facility commenced
on or after the classification date defined in section 1 of the
corresponding regulation and located in a county or portion of a county
designated as nonattainment for ozone in 51:010, for any classification
except marginal and (2) each affected facility commenced on or after
the effective date of this regulation which is part of a major source
located in a county or portion of a county designated attainment or
marginal nonattainment for ozone in 51:010. Each facility commenced on
or after the classification date defined in section 1 of the
corresponding regulation but prior to the effective date of this
regulation which is part of a major source located in a county or
portion of a county designated attainment or marginally nonattainment
for ozone in 51:010 shall be exempt from this regulation except that
control devices and procedures required at the time it commenced shall
continue to be maintained. If a requirement of any other regulation of
the Division for Air Quality is more stringent, then the more stringent
requirement shall apply.
Regulation 401 KAR 61:050. Existing Storage Vessels for Petroleum
Liquids
Section 2 Applicability was amended to state, ``This regulation
shall apply to each affected facility commenced before April 9, 1972,
and is located in a county or portion of a county which is designated
ozone nonattainment for any nonattainment classification except
marginal under 50:010. This regulation shall not apply to storage
vessels located on a farm and used exclusively for storing petroleum
liquids by the farm.'' The applicability section was amended to
eliminate the language, ``The provisions of Sections 3(4) and 4(3) of
this regulation shall not apply to affected facilities the following
counties: Garrard, Graves, Hopkins, Laurel, Montgomery, Nelson,
Pulaski, Scott, Taylor, Trigg, and Union prior to designation of such
counties nonattainment for ozone under 401 KAR 51:010.''
Section 6 Compliance Timetable was added and details a timetable
for facilities that become subject to this regulation on or after the
effective date of this regulation to plan, contract, construct and
implement pollution control equipment.
Regulation 401 KAR 61:090. Existing Automobile and Light-Duty Truck
Surface Coating Operations
Section 2 Applicability was amended to state that this regulation
shall not apply to affected facilities which are subject to local air
pollution control district regulations which have been approved by the
cabinet and the EPA.
Section 4 Compliance was amended to add, ``If applicable,
compliance is determined by `Protocol for Determining the Daily
Volatile Organic Compound Emission Rate of Automobile and Light-Duty
Truck Topcoat Operations' which has been incorporated by reference in
section 7 of this regulation.'' The section was amended to add,
``Capture efficiency shall be determined by procedures specified in
50:047.'' Additionally, this subsection was amended to eliminate four
(4) methods which determined compliance of coatings.
Section 5 Compliance Timetable was amended to add, ``Affected
facilities which were subject to this regulation as in effect June 29,
1979, shall have achieved final compliance by January 1, 1983, for
prime coatings systems and final repair systems and by January 1, 1986
for topcoat systems.'' Subsection (2) was amended and details a
timetable for facilities that become subject to this regulation on or
after the effective date of this regulation to plan, contract,
construct and implement pollution control equipment. The old subsection
(2) detailing a compliance timetable for topcoat systems was deleted.
Section 6 Exemptions was amended to state ``excluding water or
exempt solvents or both'' in lieu of ``excluding water.'' Subsection
6(4) was added to state the following as an exemption, ``Low-use
coatings shall be exempt from section 3 of this regulation if the plant
wide consumption of these coatings in the aggregate is less than or
equal to fifty-five (55) gallons during the previous twelve (12)
months.''
Section 7 was added to incorporate by reference, the ``Protocol for
Determining the Daily Volatile Organic Compound Emission Rate of
Automobile and Light Duty Truck Topcoat Operations.'' The section also
details where the above document is available for public inspection and
copying.
Regulation 401 KAR 61:124. Existing Factory Surface Coating Operations
of Flat Wood Paneling
Section 2, Applicability was amended to state that this regulation
shall apply to each affected facility commenced before February 4,
1981, which is located in a county or a portion of county which is
designated ozone nonattainment for any nonattainment classification
except marginal under 50:010. The applicability section was amended to
eliminate the language which states sections 3(4) and 4(3) of this
regulation shall not apply to affected facilities the following
counties: Garrard, Graves, Hopkins, Laurel, Montgomery, Nelson,
Pulaski, Scott, Taylor, Trigg, and Union prior to designation of such
counties non-attainment for ozone under 401 KAR 51:010.
Section 5, Compliance Timetable was amended to state, ``Affected
facilities which were subject to this regulation as in effect on
February 4, 1981, shall have achieved final compliance by December 31,
1982.'' Subsection (2) was amended and details a timetable for
facilities that become subject to this regulation on or after the
effective date of this regulation to plan, contract, construct and
implement pollution control equipment.
Regulation 401 KAR 61:137. Leaks From Existing Petroleum Refinery
Equipment
Section 2, Applicability was amended to eliminate the language
which states sections 3(4) and 4(3) of this regulation shall not apply
to affected facilities the following counties: Garrard, Graves,
Hopkins, Laurel, Montgomery, Nelson, Pulaski, Scott, Taylor, Trigg, and
Union.
Section 4, Monitoring and Reporting Requirements, section (6) was
amended to add, If the cabinet requests it, the owner shall demonstrate
to the cabinets satisfaction why repairs could not be completed within
the initial fifteen day period. The section was also amended to add,
``Case-by-case alternatives approved by the cabinet, but not previously
authorized by the EPA, shall be submitted to the EPA as a SIP
revision.''
Section 5, Test Methods and Procedures was amended to incorporate
Method 21. Language stating that test methods are filed in Appendix B
was deleted.
Section 6, Compliance Timetable was amended to state, ``Affected
facilities which were subject to this regulation as in effect on
February 4, 1981, shall have achieved final compliance by December 31,
1982.'' Subsection (2) was amended and details a timetable for
facilities that become subject to this regulation on or after the
effective date of this regulation to plan, contract, construct and
implement pollution control equipment.
Section 7, Modifications was amended to eliminate the following
language, ``Variation with the standards and limitations contained in
this regulation, when supported by adequate technical information will
be considered by the cabinet on a case-by-case basis to allow for
technological or economic circumstances which are unique to a source.''
Regulation 401 KAR 61:155. Existing Pneumatic Rubber Tire Manufacturing
Plants
Section 2, Applicability was amended to eliminate the language
which states sections 3(4) and 4(3) of this regulation shall not apply
to affected facilities the following counties: Garrard, Graves,
Hopkins, Laurel, Montgomery, Nelson, Pulaski, Scott, Taylor, Trigg, and
Union.
Section 4, Compliance, subsection (2) was amended to state that
capture efficiency shall be determined by procedures specified in 401
KAR 50:047.
Section 5, Compliance Timetable was amended to state, ``Affected
facilities which were subject to this regulation as in effect on
February 4, 1981, shall have achieved final compliance by December 31,
1982.'' Subsection (2) was amended and details a timetable for
facilities that become subject to this regulation on or after the
effective date of this regulation to plan, contract, construct and
implement pollution control equipment.
Regulation 61:175. Leaks From Existing Synthetic Organic Chemical and
Polymer Manufacturing Equipment
This regulation was amended to reference 401 KAR 59:305 in lieu of
40 CFR 60, Sub-part VV.
Definition (3) ``Synthetic organic chemical manufacturing plant''
was amended to eliminate the language, ``in 40 CFR 60, Sub-part VV,
filed by reference.''
Section 2, Applicability was amended to state that this regulation
shall apply to each affected facility commenced before January 5, 1981,
which is located in a county or a portion of county which is designated
ozone nonattainment for any nonattainment classification except
marginal under 50:010. The section was also amended to add, ``This
regulation shall not apply to components within a petroleum refinery
complex.'' Leaks from new and existing petroleum refinery equipment
shall be regulated by 401 KAR 59:049 and 401 KAR 61:137, respectively.
Section 4, Monitoring and Reporting Requirements, Subsection (4)
was amended to add, ``If the cabinet requests it, the owner shall
demonstrate to the cabinets satisfaction why repairs could not be
completed within the initial fifteen (15) day period.'' The section was
also amended to add, ``Case-by-case alternatives approved by the
cabinet, but not previously authorized by the EPA, shall be submitted
to the EPA as a SIP revision.''
Section 6, Compliance Timetable was amended to state, ``Affected
facilities which were subject to this regulation as in effect on
December 2, 1986, shall have achieved final compliance by January 1,
1988.'' Subsection (2) outlines a timetable for achieving compliance.
The following language in section 8(3) was deleted, ``Variation
with the standards and limitations contained in this regulation when
supported by adequate technical information will be considered by the
cabinet on a case-by-case basis to allow for technological or economic
circumstances which are unique to a source.
Regulation 401 KAR 63:025. Asphalt Paving Operations
Section 2, Applicability was amended to state, ``This regulation is
applicable to all asphalt paving operations which are located in a
county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR
51:010.''
Section 3, Standard for VOCs was amended to state, ``If this
requirement becomes applicable because the county was previously
designated non-urban nonattainment or redesignated in 401 KAR 51:010
after November 15, 1990, compliance is extended to May 31, 1995.''
Regulation 63:031 Leaks From Gasoline Tank Trucks
Section 1, Definitions, was amended to reference 401 KAR 63:001 in
lieu of 401 KAR 50:010, 401 KAR 61:055, and 401 KAR 61:056.
In Section 1, definitions for ``Bulk gasoline plant'' or ``bulk
plant,'' ``Bulk gasoline terminal'' or ``bulk terminal,'' ``Gasoline,''
and ``Vapor collection system'' were added for clarification.
In Section 1, the definition for ``Kentucky pressure vacuum test
sticker'' was amended for clarification.
Section 2, Applicability, was amended to include parts of counties
that were in nonattainment areas, or those areas classified as greater
than marginal nonattainment.
Section 3, Standard for Volatile Organic Compounds, was amended to
clarify the location of the sticker required by this regulation.
Changes were also made to this section for clarification.
Section 4, Compliance, was amended to reference Appendix B of
``Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks
and Vapor Collection Systems'' (OAQPS 1.2-199, U.S. EPA, Office of Air
Quality Planning and Standards), in lieu of Appendix A. Other minor
changes were made for clarification.
Section 5, Sticker Application and Fee, was amended to recodify
various minor changes for clarity.
Section 5(4) was added to limit the time the cabinet has to advise
the owner of an incomplete application to within fifteen (15) days.
Additionally, the regulation was amended to require that the cabinet
determine approvability of the application within thirty (30) days of
receipt of a complete application.
Section 5(5) was added to allow stickers which were issued under
the previous version of this regulation to be valid for one year from
the effective date of the sticker.
Section 5(6) was added to specify the amount of time that a
facility has to comply with this regulation if new areas should become
classified as nonattainment.
Section 5(7) was added to require gasoline tank trucks operated in
the Commonwealth yet owned and complying with another state's program
shall be required to obtain a sticker in accordance with section 5.
Section 5(8) was originally section 5(3), and was renumbered for
clarity.
Section 6 was added to the regulation to describe the forms
required to apply for certification, as well as the locations where
they could be found.
Final Action
EPA is today approving the above referenced revision to the
Kentucky SIP, with the exception of proposed revisions to Rules 401 KAR
50:010, 51:001, 59:001, 61:001 and 63:001 for which we are issuing a
conditional approval. These revisions are consistent with EPA
guidelines.
The Commonwealth has committed to correct deficiencies in their
definition of VOCs in Rules KAR 50:010, 51:001, 59:001, 61:001 and
63:001. Currently, these definitions state ``For the purposes of
determining compliance with emission limits, VOCs shall be measured by
test methods that have been approved by the cabinet.'' These
regulations must state that alternative test methods shall have prior
approval from the EPA. In a letter dated March 25, 1994, the
Commonwealth committed to correct these deficiencies for the VOC
definitions by March 15, 1995. The EPA is conditionally approving this
portion of the SIP submittals, dependant upon the Commonwealth's
correction of the deficiencies by March 15, 1995.
Because Kentucky has made a commitment that EPA believes meets the
requirements necessary for EPA to grant conditional approval, EPA is
conditionally approving these proposed revisions under section
110(k)(4) of the CAA. In order for EPA to take final action on the
commitment, the State must meet their commitment to adopt the
identified provisions by March 15, 1995, and submit them to EPA within
the time specified in this schedule. If the State fails to adopt or
submit these rules to EPA within this time frame, this approval will
become a disapproval on that date. EPA will notify the area by letter
that this action has occurred. At that time, this commitment will no
longer be a part of the approved Kentucky SIP. EPA subsequently will
publish a notice in the notice section of the Federal Register. If
Kentucky adopts and submits these rules to EPA within the applicable
time frame, the conditionally approved submission will remain a part of
the SIP until EPA takes final action approving or disapproving the new
submittal. If EPA disapproves the new submittal, the conditionally
approved submittal will also be removed from the SIP. Moreover, the
rules on which the conditional approval was based will also be
disapproved at that time. If EPA approves the submittal, those newly
approved rules will become a part of the SIP and will modify or replace
the commitment and the rules on which the conditional approval is
based.
If EPA determines that it cannot issue a final, conditional
approval or if the conditional approval is converted to a disapproval,
the sanctions clock under section 179(a) will begin. This clock will
begin at the time EPA issues the final disapproval or on the date
Kentucky fails to meet its commitment. In the latter case, EPA will
notify the area by letter that the conditional approval has been
converted to a disapproval and that the sanctions clock has begun. If
the State does not submit and EPA does not approve the rule on which
the disapproval was based within 18 months of the disapproval, EPA must
impose one of the sanctions under section 179(b)--highway funding
restrictions or the offset sanction. In addition, the final disapproval
triggers the federal implementation plan (FIP) requirement under
section 110(c).
This action is being taken without prior proposal because the
changes are noncontroversial and EPA anticipates no significant
comments on them. The public should be advised this action will be
effective on August 22, 1994. However, if notice is received within 30
days that someone wishes to submit adverse or critical comments, this
action will be withdrawn and two subsequent notices will be published.
One notice will withdraw the final action and another will begin a new
rulemaking by announcing a proposal of the action and establishing a
comment period.
On November 15, 1990, the Clean Air Act Amendments of 1990 were
enacted, Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q. In the amended Act, Congress codified the requirement that
States with areas classified as marginal or above, revise their SIPs
for these classified ozone nonattainment areas so that the SIPs conform
with EPA's pre-amendment guidance.3
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\3\Among other things, the pre-amendment guidance consists of
the Post-87 policy. 52 FR 45044 (Nov. 24, 1987 the Blue Book,
``Issues Relating to VOC Regulations Cutpoints, Deficiencies, and
Deviations, Clarification to Appendix D of November 24, 1987 Federal
Register Notice'' and the existing CTGs.
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Section 182(a)(2)(A) does not impose new requirements on the
subject nonattainment areas. Rather, section 182(a)(2)(A) codifies the
corrections nonattainment areas needed to make subject to the EPA SIP
call letters issued in 1987 and 1988. Because the Kentucky SIP
submittal meets the SIP call and, therefore, is consistent with the
applicable pre-amendment guidance, EPA believes that the submittal also
necessarily meets the requirements of section 182(a)(2)(A) of the
amended Act. Section 182(a)(2)(A) established a deadline of May 15,
1991, for submittal of these RACT fix-ups.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 22, 1994. 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).)
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions
(54 FR 2222) from the requirements of section 3 of Executive Order
12291 for a period of two years. The EPA has submitted a request for a
permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has
agreed to continue the waiver until such time as it rules on EPA's
request. The request continues in effect under Executive Order 12866
which superseded Executive Order 12291 on September 30, 1993.
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 less than
50,000.
SIP approvals and conditional 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, EPA certifies 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. 7410(a)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Incorporation by reference, Ozone,
Reporting and record keeping requirements, Volatile organic compounds.
Dated: April 13, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40 of the 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)(69) to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(69) Revisions to the Commonwealth of Kentucky State Implementation
Plan (SIP) concerning the Commonwealth and Jefferson County, Kentucky
for Volatile Organic Compounds were submitted on October 20, 1992,
February 17, 1993, and March 4, 1993 by the Kentucky Natural Resources
and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Revisions to the following Jefferson County Regulations were
effective November 18, 1992.
(1) Regulation 1.05. Compliance with Emission Standards and
Maintenance Requirements.
(2) Regulation 1.06. Source Self-Monitoring and Reporting.
(3) Regulation 6.17. Standard of Performance for Existing
Automobile and Truck Surface Coating Operations.
(4) Regulation 6.36. Standard of Performance for Existing Metal
Parts and Products Surface Coating Operations at Heavy Duty Truck
Manufacturing Plants.
(B) Revisions to the following Commonwealth of Kentucky Regulations
were effective June 24, 1992.
(1) Regulation 401 KAR 50:010. Definitions and abbreviations of
terms used in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and
65.
(2) Regulation 401 KAR 50:012. General application.
(3) Regulation 401 KAR 50:047. Test procedures for capture
efficiency.
(4) Regulation 401 KAR 51:001. Definitions and abbreviations of
terms used in Title 401, Chapter 51.
(5) Regulation 401 KAR 59:001. Definitions and abbreviations of
terms used in Title 401, Chapter 59.
(6) Regulation 401 KAR 59:185. New solvent metal cleaning
equipment.
(7) Regulation 401 KAR 59:190. New insulation of magnet wire
operations.
(8) Regulation 401 KAR 59:210. New fabric, vinyl and paper surface
coating operations.
(9) Regulation 401 KAR 59:212. New graphic arts facilities using
rotogravure and flexography.
(10) Regulation 401 KAR 59:214. New factory surface coating
operations of flat wood paneling.
(11) Regulation 401 KAR 59:225. New miscellaneous metal parts and
products surface coating operations.
(12) Regulation 401 KAR 59:230. New synthesized pharmaceutical
product manufacturing operations.
(13) Regulation 401 KAR 59:240. New perchloroethylene dry cleaning
systems.
(14) Regulation 401 KAR 61:001. Definitions and abbreviations of
terms used in Title 401, Chapter 61.
(15) Regulation 401 KAR 61:050. Existing storage vessels for
petroleum liquids.
(16) Regulation 401 KAR 61:090. Existing automobile and light-duty
truck surface coating operations.
(17) Regulation 401 KAR 61:095. Existing solvent metal cleaning
equipment.
(18) Regulation 401 KAR 61:100. Existing insulation of magnet wire
operations.
(19) Regulation 401 KAR 61:105. Existing metal furniture surface
coating operations.
(20) Regulation 401 KAR 61:110. Existing large appliance surface
coating operations.
(21) Regulation 401 KAR 61:120. Existing fabric, vinyl and paper
surface coating operations.
(22) Regulation 401 KAR 61:124. Existing factory surface coating
operations of flat wood paneling.
(23) Regulation 401 KAR 61:125. Existing can surface coating
operations.
(24) Regulation 401 KAR 61:130. Existing coil surface coating
operations.
(25) Regulation 401 KAR 61:132. Existing miscellaneous metal parts
and products surface coating operations.
(26) Regulation 401 KAR 61:137. Leaks from existing petroleum
refinery equipment.
(27) Regulation 401 KAR 61:150. Existing synthesized pharmaceutical
product manufacturing operations.
(28) Regulation 401 KAR 61:155. Existing pneumatic rubber tire
manufacturing plants.
(29) Regulation 401 KAR 61:160. Existing perchloroethylene dry
cleaning systems.
(30) Regulation 401 KAR 61:175. Leaks from existing synthetic
organic chemical and polymer manufacturing equipment.
(31) Regulation 401 KAR 63:001. Definitions and abbreviations of
terms used in Title 401, Chapter 63.
(32) Regulation 401 KAR 63:025. Asphalt paving operations.
(C) Kentucky Regulation 401 KAR 59:315, Specific New Sources,
effective June 24, 1992.
(D) Revisions to following Kentucky Regulations were effective
February 8, 1993.
(1) Regulation 401 KAR 51:010. Attainment Status Designations.
(2) Regulation 401 KAR 59:175. New service stations.
(3) Regulation 401 KAR 61:085. Existing service stations.
(4) Regulation 401 KAR 63:031. Leaks from Gasoline Tanks.
(ii) Other Material. None.
3. Section 52.934, is revised to read as follows:
Sec. 52.934 VOC Rule Deficiency Correction.
(a) Section 1.02, 1.08, 6.12, 6.13, 6.16, 6.18, 6.19, 6.23, 6.29,
6.30, 6.31, 6.32, 6.33, 6.34, 6.35, 7.11, 7.12, 7.16, 7.18, 7.19, 7.23,
7.52, 7.56, 7.57, 7.58, 7.59, 7.60 and 7.61 of the Jefferson County
portion of the Commonwealth of Kentucky SIP are being approved. The
Commonwealth submitted these regulations to EPA for approval on
February 12, 1992. These sections were intended to correct deficiencies
cited in a letter calling for the Commonwealth to revise its SIP for
ozone from Greer C. Tidwell, the EPA Regional Administrator, to
Governor Wallace G. Wilkinson on May 26, 1988, and clarified in a
letter from Winston A. Smith, Air, Pesticides & Toxics Management
Division Director, to William C. Eddins, Director of the Commonwealth
of Kentucky Division for Air Quality.
(b) Section 1.05, 1.06, 6.17, 6.36, 6.37, and 6.40 of the Jefferson
County portion of the Commonwealth of Kentucky SIP are being approved.
The Commonwealth submitted these regulations to EPA for approval on
March 4, 1993. These sections were intended to correct deficiencies
cited in a letter calling for the Commonwealth to revise its SIP for
ozone from Greer C. Tidwell, the EPA Regional Administrator, to
Governor Wallace G. Wilkinson on May 26, 1988, and clarified in a
letter from Winston A. Smith, Air, Pesticides & Toxics Management
Division Director, to William C. Eddins, Director of the Commonwealth
of Kentucky Division for Air Quality.
(c) Deficiencies in 1.12 Emissions Trading, however, have not been
corrected. The above deficiencies must be corrected according to the
letters mentioned above, the proposed post-1987 ozone policy (52 FR
45044), and other EPA guideline relating to the deficiencies before the
SIP for ozone can be fully approved.
[FR Doc. 94-15262 Filed 6-22-94; 8:45 am]
BILLING CODE 6560-50-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.