Standards of Performance for New Stationary Sources, Supplemental Delegation of Authority to the Commonwealth of Kentucky

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL-4836-3]

Standards of Performance for New Stationary Sources, Supplemental

Delegation of Authority to the Commonwealth of Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On October 18, 1993, the Commonwealth of Kentucky Department

for Environmental Protection requested that EPA delegate authority for

implementation and enforcement of additional and revised categories of

New Source Performance Standards (NSPS). Since EPA's review of

Kentucky's pertinent laws, rules, and regulations showed them to be

adequate for the implementation and enforcement of these federal

standards, the Agency has made the delegations as requested.

EFFECTIVE DATE: The effective date of the delegation of authority is

December 14, 1993.

ADDRESSES: Copies of the request for delegation of authority and EPA's

letter of delegation are available for public inspection during normal

business hours at the following locations:

Environmental Protection Agency, Region IV, Air Programs Branch, 345

Courtland Street, Atlanta, Georgia 30365.

Natural Resources and Environmental Protection Cabinet, Department for

Environmental Protection, Division for Air Quality, 316 St. Clair Mall,

Frankfort, Kentucky 40601.

Effective immediately, all requests, applications, reports and

other correspondence required pursuant to the newly delegated standards

should not be submitted to the Region IV office, but should instead be

submitted to the following address:

Natural Resources and Environmental Protection Cabinet, Department for

Environmental Protection, Division for Air Quality, 316 St. Clair Mall,

Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT: Scott Southwick, Regulatory Planning

and Development Section, Air Programs Branch, United States

Environmental Protection Agency, Region IV, 345 Courtland Street NE.,

Atlanta, Georgia, 30365, (404) 347-2864.

SUPPLEMENTARY INFORMATION: Section 301, in conjunction with Sections

110 and 111(c)(1) of the Clean Air Act as amended November 15, 1990,

authorizes EPA to delegate authority to implement and enforce the

standards set out in 40 CFR part 60, NSPS.

On April 12, 1977, EPA initially delegated the authority for

implementation and enforcement of the NSPS programs to the Commonwealth

of Kentucky. On October 18, 1993, Kentucky requested a delegation of

authority for implementation and enforcement of the following NSPS

categories found in 40 CFR part 60.

New Categories for NSPS

1. Subpart Dc 401 KAR 59:435 Small Industrial-Commercial-

Institutional Steam Generating Units (except Sec. 60.48c(a)).

2. Subpart Kb 401 KAR 59:485 Storage Vessels for Petroleum Liquids

(after 7/23/84) (except Secs. 60.111b(f)(4), 60.114b, 60.116b(e)(3)

(iii) and (iv), and 60.116b(f)(2)(iii)).

Revised Categories for NSPS

1. Subpart F 401 KAR 59:450 Portland Cement Plants.

2. Subpart G 401 KAR 59:455 Nitric Acid Plants.

3. Subpart I 401 KAR 59:465 Hot Mix Asphalt Facilities.

4. Subpart L 401 KAR 59:490 Secondary Lead Smelters.

5. Subpart M 401 KAR 59:495 Secondary Brass and Bronze Ingot

Production Plants.

6. Subpart N 401 KAR 59:500 Iron and Steel Plants.

7. Subpart Na 401 KAR 59:505 Secondary Emissions from BOP Steel

Facilities (after 1/10/83).

8. Subpart T 401 KAR 59:535 Phosphate Fertilizer Industry: Wet

Process Phosphoric Acid Plants.

9. Subpart U 401 KAR 59:540 Phosphate Fertilizer Industry:

Superphosphoric Acid Plants.

10. Subpart V 401 KAR 59:545 Phosphate Fertilizer Industry:

Diammonium Phosphate Plants.

11. Subpart W 401 KAR 59:550 Phosphate Fertilizer Industry: Triple

Super Plants.

12. Subpart X 401 KAR 59:555 Phosphate Fertilizer Industry:

Granular Triple Superphosphate Storage Facilities.

13. Subpart AA 401 KAR 59:570 Steel Plants: Electric Arc Furnaces

(After 12/21/74 and on or before 8/17/83).

14. Subpart AAa 401 KAR 59:575 Steel Plants: Electric Arc Furnaces

and Argon-Oxy Decarbon (after 10/7/83).

15. Subpart BB 401 KAR 59:580 Kraft Pulp Mills.

16. Subpart CC 401 KAR 59:585 Glass Manufacturing Plants.

17. Subpart DD 401 KAR 59:590 Grain Elevators.

18. Subpart EE 401 KAR 59:595 Surface Coating of Metal Furniture

(except Sec. 60.316(d)).

After a thorough review of the request, the Regional Administrator

determined that such a delegation was appropriate for these source

categories with the conditions set forth in the original delegation

letter of April 12, 1977. Kentucky sources subject to the requirements

of these subparts will now be under the jurisdiction of the

Commonwealth of Kentucky. On December 14, 1993, EPA delegated the

authority for the above mentioned source categories in a letter from

Winston A. Smith, Director, Air Pesticides, and Toxics Management

Division to John E. Hornback, Director, Kentucky Division for Air

Quality.

Action

Since review of the pertinent Kentucky laws, rules, and regulations

showed them to be adequate for the implementation and enforcement of

the aforementioned categories of NSPS, the Commonwealth's request for

delegation was granted. The EPA hereby notifies the public that it has

delegated the authority for the source categories listed above (except

those sections, as noted, that may not be delegated).

The Office of Management and Budget has exempted this rule from the

requirements of section 6 of Executive Order 12866.

Authority: This notice is issued under the authority of sections

101, 110, 111, and 301 of the Clean Air Act, as amended (42 U.S.C.

7401, 7410, 7411, 7412, and 7601).

Dated: January 24, 1994.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 94-2966 Filed 2-8-94; 8:45 am]

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