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

[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Proposed Rules]
[Page 61087-61089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc07-19]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0500-200721; FRL-8488-2]

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

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a request submitted on May 25,
2007, by the Commonwealth of Kentucky (Kentucky), through the Kentucky
Division for Air Quality (KDAQ), to remove the ``Potentially hazardous
matter or toxic substances'' rule from the EPA-approved Kentucky State
Implementation Plan (SIP). KDAQ requested that EPA remove this rule
from the Kentucky SIP, because the rule is not related to the
attainment and maintenance of the National Ambient Air Quality
Standards (NAAQS). EPA is proposing to approve this request and correct
the Kentucky SIP by removing this rule from the SIP pursuant to section
110(k)(6) of the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 28, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0500, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail: lakeman.sean@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2007-0500,'' 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.

[[Page 61088]]

    5. Hand Delivery or Courier: Sean Lakeman, 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 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2007-0500.'' 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 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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)
562-9043. Mr. Lakeman can also be reached via electronic mail at 
lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION: The CAA requires EPA to set NAAQS for
commonly occurring air pollutants that pose public health and welfare
threats. These pollutants are known as criteria pollutants. Currently,
NAAQS exist for six criteria pollutants--ozone (ground level),
particulate matter, carbon monoxide, sulfur dioxide, lead and nitrogen
dioxide. On July 12, 1982 (47 FR 30059), EPA erroneously approved
Kentucky's ``Potentially hazardous matter or toxic substances'' rule
(401 KAR 63:020) into the SIP. This rule is not related to the
attainment and maintenance of the NAAQS. Pursuant to section 110 of the
CAA, provisions approved by EPA as part of States' SIPs should
generally be related to attainment and maintenance of these NAAQS.
    The Kentucky ``Potentially hazardous matter or toxic substances''
rule applies to antimony, arsenic, bismuth, lead, silica, tin and
compounds of such materials. EPA is, therefore, proposing to correct
this error by removing the provision from the approved SIP under the
authority of section 110(k)(6) of the CAA. Section 110(k)(6) provides:
``Whenever the Administrator determines that the Administrator's action
approving, disapproving, or promulgating any plan or plan revision (or
part thereof), area designation, redesignation, classification, or
reclassification was in error, the Administrator may in the same manner
as the approval, disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the State.
Such determination and the basis thereof shall be provided to the State
and public.''

Proposed Action

    Since Kentucky's ``Potentially hazardous matter or toxic
substances'' rule (401 KAR 63:020) is not directed at the attainment
and maintenance of the NAAQS, EPA has found that its prior approval of
this particular rule into the Kentucky SIP was in error. Consequently,
in order to correct this error, EPA is proposing to remove Kentucky
rule 401 KAR 63:020 from the approved Kentucky SIP pursuant to section
110(k)(6) of the CAA. EPA will codify this deletion by revising the
appropriate paragraph under 40 CFR part 52, subpart S, section 52.920
(Identification of Plan).

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 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 proposes to remove an erroneously approved State
rule from the SIP and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 remove an
erroneously approved State rule from the SIP 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 proposed 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 (59 FR 22951, 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

[[Page 61089]]

responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to remove an erroneously approved State rule from the
SIP, and 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. 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,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides,
Volatile organic compounds.

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

    Dated: October 19, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
[FR Doc. E7-21245 Filed 10-26-07; 8:45 am]
BILLING CODE 6560-50-P

 
 

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