[Federal Register: January 17, 2007 (Volume 72, Number 10)]
[Proposed Rules]
[Page 1954-1956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja07-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2005-KY-0004-200609; FRL-8269-4]
Approval and Promulgation of Implementation Plans; Kentucky:
Performance Testing and Open Burning
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the Kentucky State
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky,
through the Kentucky Department of Air Quality (KDAQ), on September 6,
2005. The revisions include changes to Kentucky Administrative
Regulations (KAR) Title 401, Chapters 50:045, ``Performance tests,''
and 63:005, ``Open burning.'' The changes included in the proposed SIP
revisions are part of Kentucky's strategy to attain and maintain the 8-
hour ozone and fine particulate (PM2.5) national ambient air
quality standards (NAAQS) by reducing emissions of PM2.5 and
precursors to ozone. EPA is proposing to approve Kentucky's SIP
revisions pursuant to section 110 of the Clean Air Act (CAA).
DATES: Written comments must be received on or before February 16,
2007.
ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2005-KY-0004,'' by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: hou.james@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2005-KY-0004,'' Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: James Hou, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-
[[Page 1955]]
2005-KY-0004.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: James Hou, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8965. Mr. Hou can also be reached via electronic mail at
hou.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of Proposed Action
On September 6, 2005, KDAQ submitted to EPA proposed SIP revisions
for review and approval into the Kentucky SIP. The proposed revisions
include changes made by the Commonwealth of Kentucky to its performance
test and open burning regulations, found at 401 KAR 50:045 and 401 KAR
63:005, respectively. These changes became state effective on July 13,
2005. The rule changes were made to update Kentucky's regulations on
performance testing, and to establish additional requirements to reduce
emissions from open burning.
Kentucky's performance testing rule, 401 KAR 50:045, provides
guidelines for the methodology, testing conditions, and reporting
requirements necessary for sources to demonstrate compliance with air
emissions limitations and standards. Corresponding federal rules on
performance tests, promulgated by EPA pursuant to Part D of title I of
the CAA (``Plan Requirements for Nonattainment Areas''), are found at
40 Code of Federal Regulations (CFR) part 63. These federal rules were
incorporated by reference into the Kentucky SIP on July 12, 1982 (47 FR
30059). Kentucky recently made changes to its rules such that the rule
previously containing the performance test requirements, 401 KAR
50:016, is being repealed, and the performance test requirements from
that rule are being placed in 401 KAR 50:045. Because 401 KAR 50:016
was not part of the Kentucky SIP, EPA is not addressing Kentucky's
repeal of that rule. Rather, today's action proposes approval of 401
KAR 50:045, which now includes the performance testing provisions
previously found in 401 KAR 50:016. As part of the movement of the
performance test provisions to 401 KAR 50:045, Kentucky made minor,
non-substantive, changes to the rule. Kentucky's performance testing
rule is consistent with applicable federal law. The proposed SIP
revision regarding performance testing is therefore approvable pursuant
to section 110 of the CAA.
Kentucky's open burning rule, 401 KAR 63:005, establishes
restrictions on open burning designed to reduce emissions from such
activities. This rule was first approved into the Kentucky SIP on July
12, 1982 (47 FR 30059). The rule is structured such that open burning
in general is prohibited unless specified conditions are met. The
conditions are described in sections 3 and 4 of 401 KAR 63:005; section
5 also includes such restrictions but applies only to open burning for
fire training. Kentucky revised its open burning rule, effective July
13, 2005, in order to better control open burning of potentially
hazardous household garbage. This rule is part of Kentucky's strategy
to attain and maintain the 8-hour ozone and PM2.5 NAAQS by reducing
emissions of PM2.5 and ozone precursors resulting from open burning.
The open burning rule changes made by Kentucky are intended to
protect air quality in areas where open burning is occurring. The rule
changes clarify instances when open burning of household garbage is
permitted and allow open burning of wood waste or clean lumber by
municipal and county governments. The changes added definitions for
``clean lumber,'' and ``land clearing,'' and modified the definition of
``household rubbish.'' The modification made to the definition of
``household rubbish'' now excludes from the definition any ``other
hazardous waste materials.'' The changes also included a new section,
section 5, which specifically addresses restrictions to open burning
for fire training. Among the new requirements are that substances being
burned for training purposes not contain hazardous or asbestos
containing materials (see, sections 5(3) and 5(4)). The changes made to
section 5 are at least as stringent as the previous regulation. As a
result, the SIP revision is approvable pursuant to section 110 of the
CAA.
II. Proposed Action
EPA is proposing to approve the SIP revisions submitted by Kentucky
on September 6, 2005. The revisions include changes to two state rules:
401 KAR 50:045, ``Performance tests,'' and 401 KAR 63:005, ``Open
burning.'' The SIP revisions include changes to rules that are part of
Kentucky's strategy to attain and maintain the NAAQS by reducing
emissions of particulate matter, volatile organic compounds, nitrogen
oxides, and hazardous air pollutants.
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III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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 proposed 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 proposed 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 proposes to approve 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 proposed 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 proposed
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
As a result, it does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This proposed 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 CAA. 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 CAA. 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 proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 3, 2007.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E7-531 Filed 1-16-07; 8:45 am]
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