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

SUMMARY: On January 27, 1995, the Commonwealth of Kentucky, through the

Natural Resources and Environmental Protection Cabinet (Cabinet),

submitted revisions to the State Implementation Plan (SIP) correcting

deficiencies in the definition of volatile organic compounds (VOCs).

These revisions ensue from a commitment made by the Cabinet to the EPA

to revise the definition of VOCs. The commitment was made in order for

EPA to conditionally approve revisions to the VOC definition in a

document dated June 23, 1994.

DATES: This final rule will be effective on July 28, 1995 unless

adverse or critical comments are received by July 13, 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 of Air Quality, Department for Environmental Protection,

Natural Resources and Environmental Protection Cabinet, 803 Schenkel

Lane, 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, x4207. Reference file KY-88-6956a.

SUPPLEMENTARY INFORMATION: On October 20, 1992, the Cabinet submitted a

SIP revision which included the definition of a VOC. The VOC definition

is found in rules 50:010, 51:001, 59:001, 61:001, and 63:001. The VOC

definition met all federal guidelines except for a provision that

stated, ``* * * VOCs shall be measured by test methods that have been

approved by the cabinet. Approval by the cabinet shall not constitute

or imply approval by the USEPA. The cabinet will not approve a test

method that has been disapproved for use by the USEPA.'' EPA stated

that the VOC definition was not approvable until the above language was

revised to state that all test methods used must be approved by the

EPA. On March 25, 1994, Kentucky committed to correct this deficiency.

EPA then conditionally approved the VOC definition in the October 20,

1992, SIP revision on June 23, 1994 (59 FR 32343).

On January 27, 1995, Kentucky submitted a revision to the SIP that

corrected the deficiency outlined above by revising the VOC definition

to state that test methods must be approved by the EPA. The submittal

also included minor revisions to rules 50:010, 51:001, 59:001, 61:001,

and 63:001 which both clarify the intent of the rule and change the

address of a Division for Air Quality regional office. This submittal

also revised the SIP to include rule 65:001--Definitions and

abbreviations of terms used in 401 KAR Chapter 65. This rule is

identical to the rules 50:010 through 63:001.

Final Action

EPA is approving this Kentucky SIP submittal because the revisions

are consistent with EPA guidelines. 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 on July 28,

1995 unless, by July 13, 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 the separate 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 on July 28, 1995.

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

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

Court of Appeals for the appropriate circuit by August 14, 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 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2) and 7410(k)(3). [[Page 31088]]

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this State implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 110 of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. To the extent that the rules being approved by

this action will impose no new requirements; such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this final action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: May 8, 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)(79) to read

as follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(79) Revisions to the Commonwealth of Kentucky State Implementation

Plan (SIP) regarding the definition of volatile organic compound (VOC)

submitted on January 27, 1995.

(i) Incorporation by reference.

(A) 401 KAR 50:010. Definitions and abbreviations of terms used in

401 KAR Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65, effective

April 6, 1995.

(B) 401 KAR 51:001. Definitions and abbreviations of terms used in

401 KAR Chapter 51, effective April 6, 1995.

(C) 401 KAR 59:001. Definitions and abbreviations of terms used in

401 KAR Chapter 59, effective April 6, 1995.

(D) 401 KAR 61:001. Definitions and abbreviations of terms used in

401 KAR Chapter 61, effective April 6, 1995.

(E) 401 KAR 63:001. Definitions and abbreviations of terms used in

401 KAR Chapter 63, effective April 6, 1995.

(F) 401 KAR 65:001. Definitions and abbreviations of terms used in

401 KAR Chapter 65, effective April 6, 1995.

(ii) Other material.

(A) May 4, 1995, letter from Phillip J. Shepherd, Secretary,

Natural Resources and Environmental Protection Cabinet to John H.

Hankinson, Regional Administrator, U.S. EPA, Region IV.

[FR Doc. 95-14447 Filed 6-12-95; 8:45 am]

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