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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY20-1-9612a; FRL-5447-8]

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 June 15, 1983, by the

Commonwealth of Kentucky through the Natural Resources and

Environmental Protection Cabinet (Cabinet). The revisions pertain to

Kentucky regulations 401 KAR 50:025, Classification of counties, and

401 KAR 61:015, Existing indirect heat exchangers. The purpose of these

revisions is to reclassify McCracken County from a Class I area to a

Class IA area, with respect to sulfur dioxide (SO2), and to allow

a relaxation of the SO2 emission limit in McCracken County.

DATES: This action is effective June 3, 1996, unless notice is received

by May 2, 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 June 15, 1983, the Commonwealth of

Kentucky through the Cabinet submitted revisions to the SO2 SIP.

The revisions pertain to Kentucky regulations 401 KAR 50:025,

Classification of counties, and 401 KAR 61:015, Existing indirect heat

exchangers. The purpose of these revisions is to reclassify McCracken

County from a Class I area to a Class IA area, with respect to

SO2, and to allow a relaxation of the SO2 emission limit in

McCracken County. The revisions are described below:

(1) 401 KAR 50:025. Classification of Counties

On July 2, 1982, McCracken County was redesignated by the EPA from

non-attainment to attainment for SO2. The

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Kentucky Division of Air Pollution has determined that the relaxed

emission limitations contained in these amendments will not affect the

SO2 air quality of McCracken County sufficiently to cause a threat

to its environment or to the health and welfare of its citizens.

Therefore, the revision changes McCracken County's classification, with

respect to SO2, from Class I to Class IA.

(2) 401 KAR 61:015. Existing Indirect Heat Exchangers

Paragraph 5 is added to Section 5. Standard for Sulfur Dioxide. The

paragraph reads as follows: In counties classified as IA with respect

to sulfur dioxide, at sources having a total rated heat input greater

than fifteen hundred million BTU per hour (1500 MM BTU/hr.) as

determined by Section 3(1), the department shall allow one (1) affected

facility, as specified on the operating permit, to emit sulfur dioxide

at a rate not to exceed a twenty-four (24) hour average of 8.0 pounds

per million BTU, during those periods of time when the affected

facility is being operated for the purpose of generating high sulfur

dioxide content flue gases for use in any experimental sulfur dioxide

removal system.

(3) Appendix B of 401 KAR 61:015

A new equation is added for the calculation of SO2 emission

limits for counties classified as Class IA.

The purpose of these revisions is to allow the TVA Shawnee Power

Plant to continue its scrubber research program by increasing the

allowable SO2 emission limit from 1.2 lbs to 8.0 lbs per million

BTU heat input for only one of its units while conducting scrubber

research and to allow the Paducah Gaseous Diffusion Plant to increase

its emission rate from 1.2 lb SO2 to 3.1 lbs SO2 per million

BTU heat input. After extensive air dispersion modeling using the

Multiple Point Gaussian Dispersion Algorithm with Terrain Adjustment

(MPTER) and the Single Source Dispersion Algorithm with Terrain

Adjustment (CRSTER), the Kentucky Division for Air Quality has

determined that the relaxed emission limitations proposed in these

amendments will not affect the air quality of McCracken County, as it

relates to SO2, in such a way as to cause a threat to its

environment or to the health and welfare of its citizens. The EPA

concurs with the determination by the Kentucky Division for Air

Quality.

Final Action

EPA is approving the above referenced revisions to the Kentucky

SIP. 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

June 3, 1996, unless, by May 2, 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 June 3, 1996.

Under section 307(b)(1) of the Clean Air Act (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

June 3, 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. 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 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).

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

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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 13, 1996.

Phyllis P. 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.

Subpart S--Kentucky

2. Section 52.920, is amended by adding paragraph (c) (83) to read

as follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(83) Revisions to the Kentucky State Implementation Plan submitted

by the Natural Resources and Environmental Protection Cabinet on June

15, 1983.

(i) Incorporation by reference.

401 KAR 50:025 Classification of Counties, and 401 KAR 61:015

Existing Indirect Heat Exchangers, effective June 1, 1983.

(ii) Additional material. None.

[FR Doc. 96-7908 Filed 4-1-96; 8:45 am]

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