Approval and Promulgation of Implementation Plans State: Kentucky Approval of Revisions to State Implementation Plan (SIP)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Ky-83-6927a; FRL-5184-7]

Approval and Promulgation of Implementation Plans State: Kentucky

Approval of Revisions to State Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the state implementation plan

(SIP) submitted by the Commonwealth of Kentucky through the Natural

Resources [[Page 27410]] and Environmental Protection Cabinet

(Cabinet). This revision will incorporate into the SIP an operating

permit issued to the Calgon Carbon Corporation located in the Kentucky

portion of the Ashland/Huntington ozone (O3) nonattainment area.

This permit will reduce the emissions of volatile organic compounds

(VOCs) by requiring reasonably available control technology (RACT).

DATES: This final rule will be effective July 10, 1995, unless adverse

or critical comments are received by June 23, 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, Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is

404/347-3555 x 4207. Reference file KY-083.

SUPPLEMENTARY INFORMATION: Section 182(b)(2) of the Clean Air Act as

Amended in 1990 (CAA) requires states to implement RACT for moderate

and above O3 nonattainment areas for: (1) Each category of VOC

sources in the area covered by a control technique guideline (CTG)

issued between November 15, 1990, and the date of attainment of these

areas; (2) All VOC sources in the area covered by any CTG before

November 15, 1990; and (3) All other major stationary sources of VOC

(non-CTG sources) that are located in the area. Kentucky has already

met the requirements of items (1) and (2) of section 182(b)(2) (see 59

FR 32352 published on June 23, 1994). On November 23, 1994, the Cabinet

submitted a revision to the SIP requiring VOC RACT through a permit

issued to the Calgon Carbon Corporation (Calgon). This permit requires

Calgon to comply with 1.8 lbs/hr emission limit in the reactivation

furnace. The permit also requires Calgon to maintain a 1400 degrees

fahrenheit temperature in the fireboxes and a coal residence time of

0.1 seconds in all bakers and activator burners.

Calgon is the only major source located in the Kentucky portion of

the Ashland/Huntington O3 nonattainment area not subject to a CTG.

The approval of this revision will satisfy section 182(b)(2)(C) which

requires RACT on all non-CTG sources located in the Ashland/Huntington

moderate O3 nonattainment area.

Final Action

The EPA is approving the Calgon Permit and 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 July 24, 1995

unless, within 30 days of its publication, 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 July 24, 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 24,

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 CAA, 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 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: March 21, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of Federal Regulations, is

amended as follows: [[Page 27411]]

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)(78) to read

as follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(78) Operating Permit requiring VOC RACT for Calgon Corporation in

the Kentucky portion of the Ashland/Huntington ozone nonattainment

area, submitted November 11, 1994.

(i) Incorporation by reference. Natural Resources and Environmental

Protection Cabinet; Kentucky Department for Environmental Protection;

Division for Air Quality; Permit 0-94-020; Calgon Carbon Corporation,

effective on November 17, 1994.

(ii) Other material. Letter of November 23, 1994, from the

Commonwealth of Kentucky Natural Resources and Environmental Protection

Cabinet.

[FR Doc. 95-12617 Filed 5-23-95; 8:45 am]

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