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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY86-2-6933a; FRL-5456-4]

Approval and Promulgation of Implementation Plans Kentucky:

Approval of Revisions to the Kentucky State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Kentucky State

Implementation Plan (SIP) submitted on December 29, 1994, by the

Commonwealth of Kentucky through the Natural Resources and

Environmental Protection Cabinet (Cabinet). The revisions pertain to

Kentucky regulations 401 KAR 59:101 New Bulk Gasoline Plants and 401

KAR 61:056 Existing Bulk Gasoline Plants. The revisions were the

subject of a public hearing held on July 26, 1994, and became state

effective September 28, 1994. The intended effect of these revisions is

to clarify certain provisions and ensure consistency with requirements

of the Clean Air Act.

DATES: This final rule is effective August 27, 1996 unless notice is

received by July 29, 1996 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: Written comments should be addressed to: Scott M. Martin,

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.

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, Atlanta, Georgia 30365.

Natural Resources and Environmental Protection Cabinet, Department for

Environmental Protection, Division for Air Quality, 803 Schenkel Lane,

Frankfort, Kentucky 40601-1403.

FOR FURTHER INFORMATION CONTACT: Mr. Scott M. Martin, Regulatory

Planning and Development Section, Air Programs Branch, Air Pesticides

and Toxics Management Division, Region 4 Environmental Protection

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

telephone number is (404) 347-3555 ext. 4216.

SUPPLEMENTARY INFORMATION: On December 29, 1994, the Commonwealth of

Kentucky through the Cabinet, submitted revisions to the Kentucky SIP.

The revisions pertain to Kentucky regulations 401 KAR 59:101 New Bulk

Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants. The

revisions were the subject of a public hearing held on July 26, 1994,

and became state effective September 28,

[[Page 33675]]

1994. The intended effect of these revisions is to clarify certain

provisions and ensure consistency with requirements of the Clean Air

Act. The following revisions apply to both 401 KAR 59:101 New Bulk

Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.

1. Section 1. Applicability. This section was revised and contains

language that details which facilities must comply with this

regulation. These revisions do not relax the applicability

requirements. Additionally, this section was renumbered to be section

2.

2. Section 2. Definitions. This section was renumbered as Section

1.

3. Section 3. VOCs. Paragraph 4, which reads as follows, ``The

vapor balance system must be equipped with interlocking devices which

prevent transfer of gasoline until the vapor return hose is connected''

was deleted. This regulation was deleted because new technology has

been developed which deems it obsolete.

4. Section 6. Compliance Timetable. This section, which outlines

the timeframe for compliance with this regulation, is being added.

5. Section 7. Exemptions. is being added. It reads as follows: ``An

affected facility shall be exempt from this administrative regulation

if the throughput is less than 4,000 gal/day. A rolling thirty (30) day

average shall be allowed for determining applicability.'' This

exemption is consistent with EPA policy.

Final Action

EPA is approving the above referenced revisions to the Kentucky SIP

because they meet the requirements of the EPA and the Clean Air Act

(CAA). This action is being taken without prior proposal because the

EPA 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 August 27 1996 unless, by July 29, 1996 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 August 27, 1996.

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 August

27, 1996. 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)).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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. Section 603 and

Section 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) and 7410(k)(3).

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 CAA.

These rules may bind State, local and tribal governments to perform

certain duties. EPA has examined whether the rules being approved by

this action will impose any mandate upon the State, local or tribal

governments either as the owner or operator of a source or as a

regulator, or would impose any mandate upon the private sector. EPA's

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. Therefore, 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, Incorporation by

Reference, Intergovernmental relations, Particulate Matter, Reporting

and Recordkeeping requirements, Sulfur Oxides.

Dated: March 12, 1996.

Phyllis Harris,

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.

[[Page 33676]]

Subpart S--Kentucky

2. Section 52.920 is amended by adding paragraph (c) (84) to read

as follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(84) Revisions to the Kentucky State Implementation Plan submitted

by the Natural Resources and Environmental Protection Cabinet on

December 29, 1994. The regulations being revised are 401 KAR 59:101 New

Bulk Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.

(i) Incorporation by reference. Division for Air Quality

regulations 401 KAR 59:101 New bulk gasoline plants, and 401 KAR 61:056

Existing bulk gasoline plants, effective September 28, 1994.

(ii) Additional material. None.

[FR Doc. 96-16154 Filed 6-27-96; 8:45 am]

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