[Federal Register Volume 60, Number 219 (Tuesday, November 14, 1995)]
[Rules and Regulations]
[Pages 57186-57188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28066]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[KY-95-01; FRL-5330-2]
Clean Air Act Final Interim Approval of Operating Permits
Program; Kentucky
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final interim approval.
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SUMMARY: The EPA is promulgating source category-limited (SCL) interim
approval of the Operating Permits Program submitted by the Kentucky
Natural Resources and Environmental Protection Cabinet for the purpose
of complying with Federal requirements for an approvable State program
to issue operating permits to all major stationary sources, and to
certain other sources.
EFFECTIVE DATE: December 14, 1995.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing the final interim approval are available
for inspection during normal business hours at the following location:
U.S. Environmental Protection Agency, Region 4, 345 Courtland Street
NE, Atlanta, Georgia 30365, on the 3rd floor of the Tower Building.
Interested persons wanting to examine these documents, contained in EPA
docket number KY-95-01, should make an appointment at least 24 hours
before the visiting day.
FOR FURTHER INFORMATION CONTACT: Yolanda Adams, Title V Program
Development Team, Air Programs Branch, Air, Pesticides & Toxics
Management Division, U.S. Environmental Protection Agency, Region 4,
345 Courtland Street, NE., Atlanta, Georgia 30365, (404) 347-3555, Ext.
4149.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Clean Air Act (``the Act'')), and implementing regulations at 40
Code of Federal Regulations (CFR) part 70 require that states develop
and submit operating permits programs to EPA by November 15, 1993, and
that EPA act to approve or disapprove each program within one year
after receiving the submittal. EPA's program review occurs pursuant to
section 502 of the Act and the part 70 regulations, which together
outline criteria for approval or disapproval. Where a program
substantially, but not fully, meets the requirements of part 70, EPA
may grant the program interim approval for a
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period of up to 2 years. If EPA has not fully approved a program by
November 15, 1995, or by the end of an interim program, it must
establish and implement a Federal program.
On September 5, 1995, EPA proposed SCL interim approval of the
operating permits program for the Commonwealth of Kentucky. See 60 FR
46072. The September 5, 1995 notice also proposed approval of
Kentucky's interim mechanism for implementing section 112(g) and for
delegation of section 112 standards as promulgated. EPA did not receive
any comments on the proposal. In this action, EPA is promulgating SCL
interim approval of Kentucky's operating permits program, and approving
the section 112(g) and section 112(l) mechanisms noted above.
II. Final Action and Implications
A. Title V Operating Permits Program
The EPA is promulgating SCL interim approval of the operating
permits program submitted by the Commonwealth of Kentucky on December
27, 1993, and as supplemented on November 15, 1994, April 14, 1995, May
3, 1995, and May 22, 1995. Kentucky's program substantially, but not
fully, meets the requirements of part 70 and meets the interim approval
requirements under 40 CFR 70.4. The Commonwealth must make the
following changes to receive full approval: (1) revise the definitions
of ``emissions unit'' and ``stationary source'' to include emissions of
any pollutant listed under section 112(b) of the Act; (2) revise the
definition of ``regulated air pollutant'' to include any pollutant
subject to any requirements established under Section 112 of the Act;
and (3) revise Rule 401 KAR 50:035 Section 5(2)(a) to provide for EPA
review consistent with 40 CFR 70.8 in order to allow for requirements
from preconstruction review permits to be incorporated into part 70
permits via administrative amendments.
The EPA can grant SCL interim approval to states whose programs do
not provide for permitting all required sources if the state makes a
showing that two criteria were met: (1) That there were ``compelling
reasons'' for the exclusions and (2) that all required sources will be
permitted on a schedule that ``substantially meets'' the requirements
of part 70. EPA considers the omissions in Kentucky's definitions of
``emissions unit'', ``stationary source'', and ``regulated air
pollutant'', as compelling reasons for granting SCL interim approval.
Kentucky's SCL interim approval request included a revised transition
schedule that demonstrates the Commonwealth will permit at least 60% of
its sources and at least 80% of its emissions during the first three
years. The revised transition plan demonstrates that all part 70
sources will be permitted on a schedule that substantially meets the
requirements of part 70.
The scope of the Commonwealth's part 70 program approved in this
notice applies to all part 70 sources (as defined in the approved
program) within the Commonwealth of Kentucky, except Jefferson County
and any sources of air pollution over which an Indian Tribe has
jurisdiction. See, e.g., 59 FR 55813, 55815-55818 (Nov. 9, 1994). The
term ``Indian Tribe'' is defined under the Act as ``any Indian tribe,
band, nation, or other organized group or community, including any
Alaska Native village, which is Federally recognized as eligible for
the special programs and services provided by the United States to
Indians because of their status as Indians.'' See section 302(r) of the
CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR 54364 (Oct. 21,
1993).
This interim approval, which may not be renewed, extends until
December 15, 1997. During this interim approval period, the
Commonwealth of Kentucky is protected from sanctions, and EPA is not
obligated to promulgate, administer and enforce a Federal operating
permits program in the Commonwealth. Permits issued under a program
with interim approval have full standing with respect to part 70, and
the one-year time period for submittal of permit applications by
subject sources begins upon the effective date of this interim
approval, as does the 3-year time period for processing the initial
permit applications.
If the Commonwealth fails to submit a complete corrective program
for full approval by June 16, 1997, EPA will start an 18-month clock
for mandatory sanctions. If Kentucky then fails to submit a corrective
program that EPA finds complete before the expiration of that 18-month
period, EPA will be required to apply one of the sanctions in section
179(b) of the Act, which will remain in effect until EPA determines
that Kentucky has corrected the deficiency by submitting a complete
corrective program. Moreover, if the Administrator finds a lack of good
faith on the part of the Commonwealth, both sanctions under section
179(b) will apply after the expiration of the 18-month period until the
Administrator determined that Kentucky had come into compliance. In any
case, if, six months after application of the first sanction, Kentucky
still has not submitted a corrective program that EPA has found
complete, a second sanction will be required.
If EPA disapproves Kentucky's complete corrective program, EPA will
be required to apply one of the section 179(b) sanctions on the date 18
months after the effective date of the disapproval, unless prior to
that date the Commonwealth has submitted a revised program and EPA has
determined that it corrected the deficiencies that prompted the
disapproval. Moreover, if the Administrator finds a lack of good faith
on the part of the Commonwealth, both sanctions under section 179(b)
shall apply after the expiration of the 18-month period until the
Administrator determines that Kentucky has come into compliance. In all
cases, if, six months after EPA applies the first sanction, the
Commonwealth has not submitted a revised program that EPA has
determined corrects the deficiencies, a second sanction is required.
In addition, discretionary sanctions may be applied where warranted
any time after the expiration of an interim approval period if Kentucky
has not timely submitted a complete corrective program or EPA has
disapproved its submitted corrective program. Moreover, if EPA has not
granted full approval to Kentucky's program by the expiration of this
interim approval and that expiration occurs after November 15, 1995,
EPA must promulgate, administer and enforce a Federal permits program
for the Commonwealth upon interim approval expiration.
B. Preconstruction Permit Program Implementing Section 112(g)
EPA is approving the use of Kentucky's preconstruction review
program found in Rule 401 KAR 50:035 as a mechanism to implement
section 112(g) during the transition period between promulgation of
EPA's section 112(g) rule and Kentucky's adoption of rules specifically
designed to implement section 112(g). This approval is limited to the
implementation of the 112(g) rule and is effective only during any
transition time between the effective date of the 112(g) rule and the
adoption of specific rules by Kentucky to implement 112(g). The
duration of this approval is limited to 18 months following
promulgation by EPA of section 112(g) regulations, to provide the
Commonwealth with adequate time to adopt regulations consistent with
Federal requirements.
C. Program for Delegation of Section 112 Standards as Promulgated
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a
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program for delegation of section 112 standards as promulgated by EPA
as they apply to part 70 sources. Section 112(l)(5) requires that the
State's program contain adequate authorities, adequate resources for
implementation, and an expeditious compliance schedule, which are also
requirements under part 70. Therefore, the EPA is also promulgating
approval under section 112(l)(5) and 40 CFR 63.91 of the Commonwealth's
program for receiving delegation of section 112 standards that are
unchanged from Federal standards as promulgated. This program for
delegations applies to both existing and future standards and to
sources covered by the part 70 program as well as non-part 70 sources.
III. Administrative Requirements
A. Docket
Copies of the Commonwealth's submittal and other information relied
upon for the final interim approval are contained in docket number KY-
95-01 maintained at the EPA Regional Office. The docket is an organized
and complete file of all the information submitted to, or otherwise
considered by, EPA in the development of this final interim approval.
The docket is available for public inspection at the location listed
under the ADDRESSES section of this document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: October 31, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-28066 Filed 11-13-95; 8:45 am]
BILLING CODE 6560-50-P
