Approval and Promulgation of Revisions to the Commonwealth of Kentucky's State Implementation Plan (SIP)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-092-9649a; FRL-5653-9]

Approval and Promulgation of Revisions to the Commonwealth of

Kentucky's State Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On June 19, 1996, the Commonwealth of Kentucky through the

Kentucky Natural Resources and Environmental Protection Cabinet

(KNREPC) submitted revisions to the Kentucky SIP. This revision exempts

acetone and perchloroethylene (tetrachloroethylene) from the list of

compounds regulated as volatile organic compounds (VOC) for ozone

control purposes.

DATES: This action will be effective March 24, 1997 unless adverse or

critical comments are received by February 20, 1997. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region

4 address listed below. Copies of the material submitted by KNREPC may

be examined during normal business hours at the following locations:

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, Atlanta Federal Center, Region 4 Air

Planning Branch, 100 Alabama Street, Atlanta, Georgia 30303-3104.

Natural Resources and Environmental Protection Cabinet, 803 Schenkel

Lane, Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning

Section, Air Planning Branch, Air Pesticides and Toxics Management

Division, Region 4, Environmental Protection Agency, 100 Alabama

Street, SW, Atlanta, Georgia 30303-3104. The telephone number is (404)

562-9038.

SUPPLEMENTARY INFORMATION: On June 19, 1996, the Commonwealth of

Kentucky through the KNREPC submitted revisions to the Kentucky SIP.

The EPA is approving the following revisions to the Kentucky SIP. 401

KAR Chapters 50, 51, 59, 61, 63, and 65 were amended to add acetone and

perchloroethylene (tetrachloroethylene) to the list of compounds

excluded from the definition of VOC on the basis that these compounds

have been determined to have negligible photochemical reactivity.

Hence, acetone and perchloroethylene will be excluded as a VOC for

ozone control purposes. The EPA published notices in the Federal

Register on June 16, 1995, (60 FR 31633) and February 7, 1996, (61 FR

4590), that document the Agency's decision to add acetone and

perchloroethylene to this list of excluded compounds, respectively.

Final Action

The EPA is approving the aforementioned revisions because they meet

the Agency requirements. This action is being published 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 March 24, 1997 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 the proposed rule

published with this action. 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 March 24, 1997.

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 March

24, 1997. 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.

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).

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any SIP. Each request for revision to the SIP 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.

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 actions and also require the private sector to perform certain

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

action would impose no new requirements, since such sources are already

subject to these

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regulations under State law. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action, and therefore there will be no significant impact on a

substantial number of small entities.

Under 801(a)(1)(A) of the Administrative Procedures Act (APAA) as

amended by the Small Business Regulatory Enforcement Fairness Act of

1996, EPA submitted a report containing this rule and other required

information to the U.S. Senate, the U.S. House of Representatives and

the Comptroller General of the General Accounting Office prior to

publication of the rule in today's Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2) of the APAA as amended.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Ozone.

Dated: November 4, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

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)(85) to read as

follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(85) The Commonwealth of Kentucky submitted revisions to the

Kentucky SIP on June 19, 1996. These revisions involve changes to 401

KAR Chapters 50, 51, 59, 61, 63, and 65.

(i) Incorporation by reference. 401 KAR Chapters 50:010(62),

51.001(62), 59:001(63), 61:001(63), 63:001(62), and 65:001(31) of the

Kentucky regulations effective on June 6, 1996.

(ii) Other material. None.

[FR Doc. 97-1333 Filed 1-17-97; 8:45 am]

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