Approval and Promulgation of Implementation Plans State: Kentucky; Approval of Revisions to State Implementation Plan Regarding Emission Statements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-86-1-6932a; FRL-5189-6]

Approval and Promulgation of Implementation Plans State:

Kentucky; Approval of Revisions to State Implementation Plan Regarding

Emission Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision

submitted by the Commonwealth of Kentucky through the Natural Resources

and Environmental Protection Cabinet (Cabinet) for the purpose of

implementing an emission statement program. The SIP was submitted by

the Cabinet on January 15, 1993. As a result of EPA comments, the

Cabinet submitted another SIP on December 29, 1994, to satisfy the

Federal requirements for an emission statement program.

DATES: This final rule will be effective June 16, 1995 unless adverse

or critical comments are received by June 1, 1995. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments on this action should be addressed to Scott

Southwick at the EPA Regional Office listed below.

Copies of the documents relative to this action are available for

public inspection during normal business hours at the following

locations. The interested persons wanting to examine these documents

should make an appointment with the appropriate office at least 24

hours before the visiting day.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency, Region 4, Air Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia 30365.

Division for Air Quality, Department for Environmental Protection,

Natural Resources and Environmental Protection Cabinet, 316 St. Clair

Mall, Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT: Scott Southwick, Regulatory Planning

and Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region 4 [[Page 21446]] Environmental Protection

Agency, 345 Courtland Street, NE, Atlanta, Georgia 30365. The telephone

number is 404/347-3555, X4207. Reference file KY-86-1-6932a.

SUPPLEMENTARY INFORMATION: A SIP revision was submitted by the

Commonwealth on January 15, 1993, to satisfy section 182(a)(B) of the

Clean Air Act as amended in 1990 (CAA). A second SIP revision was

submitted on December 29, 1994 and replaces the first SIP submittal.

The second SIP addresses deficiencies of the first SIP revision.

The January 15, 1993, SIP revision was reviewed by EPA to determine

completeness shortly after its submittal, in accordance with the

completeness criteria set out at 40 CFR part 51, appendix V (1991), as

amended by 57 FR 42216 (August 26, 1991). The submittal was found to be

complete and a letter dated April 27, 1993, was sent to Mr. John

Hornback, Director of the Division for Air Quality, indicating the

submittal is administratively complete. The December 29, 1994, SIP

revision was reviewed by EPA to determine completeness and a letter

dated March 3, 1995, was sent to Mr. John Hornback, Director of the

Division for Air Quality, indicating the submittal is administratively

complete.

There are several key general and specific components of an

acceptable emission statement program. Specifically, the state must

submit a revision to its SIP and the emission statement program must

meet the minimum requirements for reporting. In general, the program

must include, at a minimum, provisions for applicability, compliance,

and specific source requirements detailed below.

A. SIP Revision Submission

The Commonwealth of Kentucky submitted their emission statement

regulation on January 15, 1993, which meets the emission statement

requirement.

B. Program Elements

The Commonwealth emission statement program must, at a minimum,

include provisions covering applicability of the regulations, a

compliance schedule for sources covered by the regulations, and the

specific reporting requirements for sources--including a certification

that the information is accurate to the best knowledge of the

individual certifying the statement. Kentucky included all of the

above, except for certification that the information is accurate,

within regulation 401 KAR 50:037 Emission fee. The Cabinet revised

their emissions statement program to include a certification statement.

The final revised emission statement program was submitted on December

29, 1994, within regulation 401 KAR 50:035 Permits regulation. This

regulation contained all of the required program elements.

C. Applicability

Section 182(a)(3)(B) requires that states with areas designated as

nonattainment for ozone require emission statement data from sources of

volatile organic compounds (VOCs) or oxides of nitrogen (NOX) in

the nonattainment areas. This requirement applies to all ozone

nonattainment areas, regardless of the classification (Marginal,

Moderate, etc.). Kentucky's regulation applies to each air pollution

source required to have a permit to operate and emits either twenty-

five (25) tons per year of NOX or VOCs.

The states may waive, with EPA approval, the requirement for

emission statements for classes or categories of sources with less than

25 tons per year of actual plant-wide of both NOX and VOC

emissions in nonattainment areas if the class or category is included

in the base year and periodic inventories and emissions are calculated

using emission factors established by EPA (such as those found in EPA

publication AP-42) or other methods acceptable to EPA. The Kentucky

submittal waives the emission statement requirement for sources with

less than 25 tons per year of actual plant-wide of both NOX and

VOC emissions in their 1990 Base Year Emissions Inventory.

Final Action

EPA is approving the plan revision submitted by the Commonwealth of

Kentucky on December 29, 1994. This submittal meets all of the

requirements of emission statements outlined in section 182(a)(3)(B).

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective June 16, 1995 unless, by June 1, 1995, 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 June 16, 1995.

Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions

for judicial review of this action must be filed in the United States

Court of Appeals for the appropriate circuit by July 3, 1995. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2) of the Act, 42

U.S.C. 7607 (b)(2)).

The OMB has exempted these actions from review under Executive

Order 12866.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any state implementation plan. Each request for revision to the state

implementation plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 [[Page 21447]] U.S. 246, 256-66

(S.Ct. 1976); 42 U.S.C. section 7410(a)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting and recordkeeping requirements,

Sulfur oxides.

Dated: April 3, 1995.

Patrick M. Tobin,

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.

Subpart S--Kentucky

2. Section 52.920 is amended by adding paragraph (c)(77) to read as

follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(77) Revisions to the Commonwealth of Kentucky State Implementation

Plan (SIP) concerning emission statements were submitted on December

29, 1994, by the Kentucky Natural Resources and Environmental

Protection Cabinet.

(i) Incorporation by reference.

(A) Regulation 401 KAR 50:035 Permits. Section 1, Section 2(1) and

Section 10. Regulation became effective September 28, 1994.

(ii) None.

[FR Doc. 95-10696 Filed 5-1-95; 8:45 am]

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