[Federal Register: November 19, 2002 (Volume 67, Number 223)]
[Rules and Regulations]
[Page 69688-69690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no02-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY-138; KY-140; KY-141-200303(a); FRL-7409-1]
Approval and Promulgation of Implementation Plans for Kentucky:
Approval of Revisions to the Jefferson County Portion of the Kentucky
State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On February 19, 2002, June 16, 2002, and July 15, 2002 the
Kentucky Natural Resources and Environmental Protection Cabinet
(Cabinet) submitted revisions to the Jefferson County portion of the
Kentucky State Implementation Plan (SIP). The Revisions pertain to
definitions, portland cement kilns, abbreviations and acronyms, and
solvent metal cleaning.
DATES: This direct final rule is effective January 21, 2003 without
further notice, unless EPA receives adverse comment by December 19,
2002. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: All comments should be addressed to: Scott Martin, Air
Planning Branch, U.S. Environmental Protection Agency Region 4, 61
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
Copies of the submittal are available at the following addresses
for inspection during normal business hours:
Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel Lane,
Frankfort, Kentucky 40601-1403. (502/573-3382)
Air Pollution Control District of Jefferson County, 850 Barrett
Avenue--Suite 200, Louisville, Kentucky 40204. (502/574-6000)
FOR FURTHER INFORMATION CONTACT: Scott Martin, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9036. Mr. Martin can also be reached via electronic mail at
martin.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Today's Action
II. Background
III. Final Action
IV. Administrative Requirements
I. Today's Action
The EPA is approving into the Jefferson County portion of the
Kentucky SIP revisions which were submitted on February 19, 2002, June
6, 2002, and July 15, 2002.
II. Background
Description of Revisions Submitted on February 19, 2002
Regulation 1.02 ``Definitions'' was revised to amend the current
version to ensure consistency with with current definitions used by EPA
and to remove definitions that are no longer used by Jefferson County.
Description of Revisions Submitted on June 6, 2002
Regulation 6.50 ``NOX Requirements for Portland Cement
Kilns'' is being added by Jefferson County to incorporate the
requirements of Kentucky Division for Air Quality (DAQ) regulation 401
KAR 51.170 NOX Requirements for cement kilns. The Kosmos
Cement Company (Kosmos), which is located in Jefferson County, is the
only company in the Commonwealth of Kentucky that has a Portland cement
kiln. Thus, this regulation applies only to Kosmos.
Description of Revisions Submitted on July 15, 2002
Regulation 1.03 ``Abbreviations and Acronyms'' is being amended to
make technical corrections to the abbreviations and acronyms, add new
[[Page 69689]]
abbreviations and acronyms, and remove abbreviations and acronyms that
are no longer used.
Regulation 1.19 ``Administrative Hearings'' is being added. This
regulation is being added to establish an administrative hearing
process for resolving alleged violations and providing an opportunity
to be heard for persons who consider themselves aggrieved by actions on
orders or permits.
Regulation 6.18 ``Standards of Performance for Existing Solvent
Metal Cleaning Equipment'' is being revised. The main purpose of the
action is to remove requirements that are no longer applicable. In
early 2000, a requirement was added that specified that after March 1,
2000, no solvent with a vapor pressure greater than 1 mm Hg may be sold
for or used in cold cleaners in Jefferson County. Because the cold
cleaner material compliance date is now in the past, other requirements
for solvents with haigher vapor pressures are no longer applicable, and
therefore may be removed.
Another purpose of the action is to combine Regulation 7.18
``Standards of Preformance for New Solvent Metal Cleaning Equipment''
with Regulation 6.18 because both regulations have identical
requirements and differ only in the applicability to existing or newly
affected facilities. By combining these regulations, Regulation 7.18 is
no longer needed and is being repealed.
III. Final Action
The EPA is approving the revisions to the Jefferson County portion
of the Kentucky SIP. The EPA is publishing this rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. However, in the proposed rules
section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be filed. This rule will be effective
January 21, 2003 without further notice unless the Agency receives
adverse comments by December 19, 2002.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on January 21, 2003 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 21, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
[[Page 69690]]
Dated: October 31, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority for citation for part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
2. Section 52.920 is amended by revising the entries for ``1.02,
1.03 and 6.18;'' adding two new entries in numerical order for ``1.19
and 6.50,'' and removing the entry for ``7.18;'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Jefferson County Regulations for Kentucky
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EPA approval District
Reg Title/subject date Federal Register notice effective date
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Reg 1 General Provisions. . . .
* * * * * * *
1.02.................... Definitions................. 12/19/02 [insert FRN publication] 12/19/01
1.03.................... Abbreviations and Acronyms.. 12/19/02 [insert FRN publication] 5/15/02
* * * * * * *
1.19.................... Administrative Hearings..... 12/19/02 [insert FRN publication] 5/15/02
* * * * * * *
Reg 6 Standards of Performance for Existing Affected Facilities. . . .
* * * * * * *
6.18.................... Standards of Performance for 12/19/02 [insert FRN publication] 5/15/02
Existing Solvent Metal
Cleaning Equipment.
* * * * * * *
6.50.................... NOX Requirements for 12/19/02 [insert FRN publication] 3/20/02
Portland Cement Kilns.
* * * * * * *
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[FR Doc. 02-29179 Filed 11-18-02; 8:45 am]
BILLING CODE 6560-50-P