Clean Air Act Approval of Operating Permits Program; Jefferson County, Kentucky

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[KY-JEFF-96-01; FRL-5445-7]

Clean Air Act Approval of Operating Permits Program; Jefferson

County, Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

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SUMMARY: The EPA is promulgating full approval of the Operating Permits

Program submitted by the Jefferson County, Kentucky Air Pollution

Control District (District) located in the geographic area of Jefferson

County, Kentucky. The Jefferson County, Kentucky program was submitted

for the purpose of complying with Federal requirements which mandate

that state and local agencies develop, and submit to EPA programs for

issuing operating permits to all major stationary sources, and to

certain other sources.

EFFECTIVE DATE: April 22, 1996.

ADDRESSES: Copies of the District's submittal and other supporting

information used in developing the final full approval are available

for inspection during normal business hours at the following location:

U.S. Environmental Protection Agency, Region 4, 345 Courtland Street

NE, Atlanta, Georgia 30365, on the 3rd floor of the Tower Building.

Interested persons wanting to examine these documents, contained in EPA

docket number KY-JEFF-96-01, should make an appointment at least 24

hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Leonardo Ceron, Title V Program

Development Team, Air Programs Branch, Air, Pesticides & Toxics

Management Division, U.S. Environmental Protection Agency, Region 4,

345 Courtland Street, NE., Atlanta, GA 30365, (404) 347-3555 extension

4196.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Title V of the 1990 Clean Air Act Amendments (Section 501-507 of

the Clean Air Act (``the Act'')), and implementing regulations at 40

Code of Federal Regulations (CFR) part 70 require that states or

authorized local agencies develop and submit operating permits programs

to EPA by November 15, 1993, and that EPA act to approve or disapprove

each program within one year after receiving the submittal. EPA's

program review occurs pursuant to section 502 of the Act and the part

70 regulations, which together outline criteria for approval or

disapproval. Where a program substantially, but not fully, meets the

requirements of part 70, EPA may grant interim approval for a period of

up to two years. If EPA has not fully approved a program by November

15, 1995, or by the end of the interim program, it must establish and

implement a Federal Program.

On November 24, 1995, EPA proposed full approval, or in the

alternative, interim approval of the operating permits program for the

Jefferson County, Kentucky, Air Pollution Control District. See 60 FR

58033. The November 24, 1995, notice also proposed approval of the

District's interim mechanism for implementing section 112(g) and for

delegation of section 112 standards as promulgated. EPA did not receive

any comments on the proposal. On February 16, 1996, the District

submitted a package containing revisions to the operating permits

program, which addressed the

[[Page 11739]]

deficiency discussed in the full/interim approval notice. As required

by 40 CFR 70.6(g), the District adopted revisions to Regulation 1.07,

section 2.2, to ensure that excess emissions due to emergency

situations are classified as a violation of an existing permit.

Specifically the new regulation 1.07, section 2.2, reads as follows:

``Notwithstanding the provisions of section 2.1, if a federal

regulation requires compliance with emissions standards during startup,

shutdown, malfunction, or emergency, excess emissions resulting from

any of these events shall be deemed in violation of those standards

even though, based upon a showing by the owner or operator of the

source and an affirmative determination by the district, the applicable

requirements identified in section 2.1 are satisfied.'' Additionally,

40 CFR 70.6(g) required the District to adopt revisions to Regulation

1.07, section 2.1, to only allow sources the use of the legal mechanism

of ``affirmative defense'' when excess emissions are emitted from a

source during an emergency situation. Specifically, the new Regulation

1.07, section 2.2 reads as follows: ``However, in the case of

technology-based federal emission standards, an emergency shall

constitute an affirmative defense to an enforcement action brought for

noncompliance with these emission standards if, based upon a showing by

the owner or operator of the source and an affirmative determination by

the District, the requirements of section 5 are met.'' It is EPA's

understanding that the District's sections 2.1 and 2.2 allow sources to

use the legal mechanism of affirmative defense on federally mandated

emission limits, when a federally promulgated emission standards has

been violated during emergencies situations as defined in Regulation

1.07, section 5. These changes became locally effective on January 17,

1996.

In this action, EPA is promulgating full approval of the Jefferson

County, Kentucky operating permits program, and approving the section

112(g) and section 112(l) mechanisms noted above.

II. Final Action and Implications

A. Title V Operating Permits Program

The EPA is promulgating full approval of the operating permits

program submitted by the Jefferson County, Kentucky, Air Pollution

Control District, on February 1, 1994, and supplemented on November 15,

1994; May 3, 1995; July 14, 1995; and February 16, 1996. The November

24, 1995, notice established that the District would receive full

approval of its program if changes to Regulation 1.07, sections 2.1 and

2.2 were adopted prior to final promulgation. Such changes became

locally effective on January 17, 1996. The District has demonstrated

that the program will be adequate to meet the minimum elements of a

state or local operating permits program as specified in 40 CFR part

70.

The scope of the District's part 70 program approved in this notice

applies to all part 70 sources (as defined in the approved program)

within Jefferson County, Kentucky, except any sources of air pollution

over which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813,

55815-18 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the

Act as ``any Indian tribe, band, nation, or other organized group or

community, including any Alaska Native village, which is Federally

recognized as eligible for the special programs and services provided

by the United States to Indians because of their status as Indians.''

See section 302(r) of the Act; see also 59 FR 43956, 43962 (Aug. 25,

1994); 58 FR 54364 (Oct. 21, 1993).

B. Preconstruction Permit Program Implementing Section 112(g)

EPA is approving the use of District's preconstruction program

found in Regulation 2.03 as a mechanism to implement section 112(g)

during the transition period between promulgation of EPA's section

112(g) rule and the District's adoption of rules specifically designed

to implement section 112(g). This approval is limited to the

implementation of the 112(g) rule and is effective only during any

transition time between the effective date of the 112(g) rule and the

adoption of specific rules by the District to implement section 112(g).

The duration of this approval is limited to 18 months following

promulgation by EPA of section 112(g) regulations to provide the

District with adequate time to adopt regulations consistent with

Federal requirements.

C. Program for Delegation of Section 112 Standards as Promulgated

Requirements for approval, specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for approval of a program for delegation

of section 112 standards as promulgated by EPA as they apply to part 70

sources. Section 112(l)(5) requires that the District's program contain

adequate authorities, adequate resources for implementation, and an

expeditious compliance schedule, which are also requirements under part

70. Therefore, the EPA is also promulgating approval under section

112(l)(5) and 40 CFR 63.91 of the District's program for receiving

delegation of section 112 standards and programs that are unchanged

from Federal rules as promulgated. In addition, EPA is approving the

delegation of all existing standards and programs under 40 CFR parts 61

and 63. This program for delegation applies to both part 70 sources and

non-part 70 sources.

III. Administrative Requirements

A. Docket

Copies of the District's submittal and other information relied

upon for the final full approval are contained in docket number KY-

JEFF-96-01 maintained at the EPA Regional Office. The docket is an

organized and complete file of all the information submitted to, or

otherwise considered by, EPA in the development of this final full

approval. The docket is available for public inspection at the location

listed under the ADDRESSES section of this document.

B. Executive Order 12866

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

C. Regulatory Flexibility Act

EPA's actions under section 502 of the Act do not create any new

requirements, but simply address operating permits programs submitted

to satisfy the requirements of 40 CFR part 70. Because this action does

not impose any new requirements, it does not have a significant impact

on a substantial number of small entities.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirements.

Dated: March 15, 1996.

Phyllis P. Harris,

Acting Deputy Regional Administrator.

Part 70, title 40 of the Code of Federal Regulations is amended as

follows:

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended by adding the entry for

Kentucky in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

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[[Page 11740]]

Kentucky

(a) Kentucky Natural Resources and Environmental Protection

Cabinet: submitted on December 27, 1993, and supplemented on

November 15, 1994, April 14, 1995, May 3, 1995 and May 22, 1995;

interim approval effective on December 14, 1995; interim approval

expires on December 14, 1997.

(b) Air Pollution Control District of Jefferson County,

Kentucky: submitted on February 1, 1994, and supplemented on

November 15, 1994, May 3, 1995, July 14, 1995 and February 16, 1996;

full approval effective on April 22, 1996.

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[FR Doc. 96-7035 Filed 3-21-96; 8:45 am]

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