95-28489. Clean Air Act Proposed Full Approval of Operating Permits Program; Jefferson County, Kentucky  

  • [Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
    [Proposed Rules]
    [Pages 58033-58038]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-28489]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 70
    
    [KY-JEFF-95-01; FRL-5334-6]
    
    
    Clean Air Act Proposed Full Approval of Operating Permits 
    Program; Jefferson County, Kentucky
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed full approval, or proposed interim approval in the 
    alternative.
    
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    SUMMARY: EPA proposes to grant full approval to the Operating Permits 
    Program submitted by the Jefferson County, Kentucky Air Pollution 
    Control District (District) located in the geographic area of Jefferson 
    County, Kentucky. Alternatively, EPA proposes to grant interim approval 
    if specified changes are not adopted prior to final promulgation of 
    this rulemaking. The Jefferson County, Kentucky program was submitted 
    for the purpose of complying with Federal requirements which mandate 
    that state and local agencies develop, and submit to EPA programs for 
    issuing operating permits to all major stationary sources, and to 
    certain other sources.
    
    DATES: Comments on this proposed action must be received in writing by 
    December 26, 1995.
    
    ADDRESSES: Written comments on this action should be addressed to Carla 
    E. Pierce, Chief, Air Toxics Unit/Title V Program Development Team, Air 
    Programs Branch, at the EPA Region 4 office listed below.
        Copies of the District's submittal and other supporting information 
    used in developing the proposed full 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, GA 30365. Interested persons wanting to examine these 
    documents should make an appointment with the appropriate office at 
    least 24 hours before the visiting day.
    
     
    [[Page 58034]]
    
    FOR FURTHER INFORMATION CONTACT: Leonardo Ceron, 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, GA 30365, (404) 347-3555 extension 
    4196.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background and Purpose
    
        As required under title V of the Clean Air Act Amendments of 1990 
    (Clean Air Act (``Act'') sections 501-507), EPA has promulgated rules 
    that define the minimum elements of an approvable operating permits 
    program and the corresponding standards and procedures by which the EPA 
    will approve, oversee, and withdraw approval of state or local agency 
    operating permits programs (see 57 FR 32250 (July 21, 1992)). These 
    rules are codified at 40 Code of Federal Regulations (CFR) part 70. 
    Title V and part 70 require states or authorized local agencies to 
    develop, and submit to EPA, programs for issuing operating permits to 
    all major stationary sources and to certain other sources.
        The Act requires that states or authorized local agencies develop 
    and submit these programs to EPA by November 15, 1993, and that EPA act 
    to approve or disapprove each program within one year after receiving 
    the submittal. If the state's or authorized local agency's submission 
    is materially changed during the one-year review period, 40 CFR 
    70.4(e)(2) allows EPA to extend the review period for no more than one 
    year following receipt of the additional material. EPA received the 
    District's title V operating permit program submittal on February 1, 
    1994. The District provided EPA with additional materials in 
    supplemental submittals dated November 15, 1994; May 3, 1995; and July 
    14, 1995. Because these supplements materially changed the District's 
    title V program submittal, EPA extended the review period and will work 
    expeditiously to promulgate a final decision on the District's program.
        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 period of up to two 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 operating permits program.
    
    II. Proposed Action and Implications
    
    A. Analysis of District Submission
    
        The District has requested full approval of its part 70 operating 
    permits program, which covers the partial geographic area of Jefferson 
    County, Kentucky within the Commonwealth of Kentucky. EPA has concluded 
    that the operating permit program submitted by the District meets the 
    requirements of title V and part 70, and proposes to grant full/interim 
    approval to the program.
        What follows are brief explanations indicating how the submittal 
    meets the requirements of part 70. The reader may consult the Technical 
    Support Document (TSD) contained in the docket at the address noted 
    above for a more detailed explanation of these topics.
    1. Program Support Materials
        Pursuant to section 502(d) of the Act, the Governor of each state 
    must develop and submit to the Administrator an operating permits 
    program under state or local law or under an interstate compact meeting 
    the requirements of title V of the Act. The Governor of the 
    Commonwealth of Kentucky, Brereton C. Jones, requested full approval of 
    the District's operating permits program through the Commonwealth's 
    title V submittal. The Air Pollution Control Board of Jefferson County 
    has full authority to administer the District's program for the 
    geographic area of Jefferson County, Kentucky.
        The District's part 70 program submittal includes section II 
    entitled ``Complete Program Description'' which addresses the 
    requirements of 40 CFR 70.4(b)(1) by describing how the District 
    intends to carry out its responsibilities under the part 70 
    regulations. The program description has been deemed to be appropriate 
    for meeting the requirement of 40 CFR 70.4(b)(1).
        Pursuant to 40 CFR 70.4(b)(3), the Governor is required to submit a 
    legal opinion from the Attorney General (or the attorney for the state/
    local air pollution control agency that has independent legal counsel) 
    demonstrating adequate authority to carry out all aspects of a title V 
    operating permits program. The District submitted a legal opinion from 
    the Commissioner of the Department of Law at the Kentucky Natural 
    Resources and Environmental Protection Cabinet and a supplemental legal 
    opinion demonstrating adequate legal authority as required by Federal 
    law. See section V of the District's submittal dated January 31, 1994, 
    and section II.2 of the submittal dated July 14, 1995.
        Section 70.4(b)(4) requires the submission of relevant permitting 
    program documentation not contained in the regulations, such as permit 
    application forms, permit forms and relevant guidance to assist in the 
    District's implementation of its permit program. Section II of the 
    District submittal dated January 31, 1994, includes the permit 
    application forms and permit forms. It has been determined that the 
    application forms and the permit forms meet the requirements of 40 CFR 
    70.5 and 40 CFR 70.6, respectively.
    2. Regulations and Program Implementation
        The District has submitted regulation 2.16 entitled ``Title V 
    Operating Permits'' and Regulation 2.08 entitled ``Emissions Fees, 
    Permit Fees, And Permit Renewal Procedures'' for implementing the part 
    70 program as required by 40 CFR 70.4(b)(2). Sufficient evidence of 
    their procedurally correct adoption is included in Section I of the 
    District's title V program submittal. Copies of all applicable state 
    statutes and regulations which authorize the part 70 program, including 
    those governing the District administrative procedures, were submitted 
    with the District's program.
        The District's operating permits regulations closely follow the 
    Federal part 70 regulations. The following requirements set out in the 
    part 70 program are met by the District's program and are specifically 
    addressed in the following sections of Regulation 2.16: (A) 
    applicability requirements, (40 CFR 70.3(a)): Section 1; (B) permit 
    applications requirements, (40 CFR 70.5): Section 3, (c) provisions for 
    permit content, (40 CFR 70.6): Section 4; (D) operational flexibility 
    provisions,(40 CFR 70.4(b)(12)): Section 5.8; (E) permit review by EPA 
    and affected states, (40 CFR 70.8): Section 5; (F) provisions for 
    permit issuance, renewals, reopenings and revisions, (40 CFR 70.7): 
    Section 5.
        Regarding the District's rules for permit revisions, it is EPA's 
    understanding that any changes that affect a federally enforceable term 
    or would change a federally enforceable term must be processed through 
    the ``Minor Permit Revision'' provisions as specified in the District's 
    Regulation 2.16, and therefore would be federally approvable. EPA 
    further understands the District's regulations provide for emissions 
    trading under federal enforceable permit caps, as required by 
    70.4(b)(12)iii. 
    
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        The District has established an enforcement agreement with the 
    Commonwealth of Kentucky to carry out provisions for the enforcement 
    authority requirements of 40 CFR 70.11. The Commonwealth's KRS 77.235 
    and 77.240, satisfy the requirements of part 70. The District has also 
    established Regulation 2.07, which satisfies the requirements of 40 CFR 
    70.7(h), for the public participation requirements.
        Section 70.4(b)(2) requires state and local agencies to include in 
    their part 70 programs any criteria used to determine insignificant 
    activities or emission levels for the purpose of determining complete 
    applications. Section 70.5(c) states that an application for a part 70 
    permit may not omit information needed to determine the applicability 
    of, or to impose, any applicable requirement, or to evaluate 
    appropriate fee amounts. Section 70.5(c) also states that EPA may 
    approve, as part of a state or local program, a list of insignificant 
    activities and emissions levels which need not be included in permit 
    applications. Under part 70, a state or local agency must request and 
    EPA may approve as part of that state or local's program any activity 
    or emission level that the state or local wishes to consider 
    insignificant. Part 70, however does not establish emissions thresholds 
    for insignificant activities. EPA has accepted emissions thresholds of 
    five tons per year for criteria pollutants and the lesser of 1000 
    pounds per year or section 112(g) de minimis levels for HAPs as 
    reasonable.
        The District established Regulation 2.02, section 2, entitled 
    ``Exemptions'' which specifically provide for certain exemptions for 
    emission units and activities, as listed in this regulation, from 
    application and permit requirements. Notwithstanding Regulation 2.02, 
    the District's Regulation 2.16 requires title V permit applications to 
    include all information needed to determine the applicability of or to 
    impose an applicable requirement. Information is also required for the 
    collection of any permit fees owed under the approved fee schedule. For 
    insignificant activities which are exempt because of size or production 
    rate, a list of such insignificant activities must be included in the 
    permit application according to Regulation 2.16. The District has 
    defined insignificant activities as: ``those facilities exempted from 
    permitting requirements pursuant to Regulation 2.02, provided that such 
    facilities are not subject to an affected facility category-specific 
    applicable requirement.'' EPA has determined that the District's 
    insignificant activities provisions will not interfere with 
    implementation of an adequate title V program.
        Part 70 requires prompt reporting of deviations from any permit 
    requirements. Section 70.6(a)(3)(iii)(B) requires the permitting 
    authority to define ``prompt'' in relation to the degree and type of 
    deviation likely to occur and the applicable requirements. Although the 
    permit program regulations should define ``prompt'' for purposes of 
    administrative efficiency and clarity, an acceptable alternative is to 
    define ``prompt'' in each individual permit. EPA believes that 
    ``prompt'' should generally be defined as requiring reporting within 
    two to ten days of the deviation. Two to ten days is sufficient time in 
    most cases to protect public health and safety as well as to provide a 
    forewarning of potential problems. For sources with a low level of 
    excess emissions, a longer time period may be acceptable. However, 
    ``prompt'' reporting must be more frequent than the semiannual 
    reporting requirement, given that this is a distinct reporting 
    obligation under 40 CFR 70.6(a)(3)(iii)(A). Where ``prompt'' is defined 
    in the individual permit but not in the program regulations, EPA may 
    veto permits that do not require sufficiently prompt reporting of 
    deviations.
        The District's Regulation 1.07 ``Emissions During Shutdowns, 
    Malfunctions, Startups, and Emergencies'' specifies how a source should 
    notify the District in the event of a planned shutdown or startup, 
    malfunction, and/or emergency. Prompt reporting for a planned shutdown 
    or startup is required three days prior to a planned event. If a 
    shutdown or startup is required by a facility where the owner or 
    operator could not reasonably notify the District three days before the 
    event then the facility is required to report such an event to the 
    District no later than one day after such an event has begun. During 
    emergency or malfunction events a facility is required to report by 
    telephone to the District no later than one hour following the start of 
    the malfunction or emergency. Additionally, the District should also be 
    notified in writing of a malfunction or emergency within two days of 
    such event.
        The provisions addressing shutdowns, malfunctions, startups, and 
    emergencies in Regulation 1.07, section 2.1, provide sources the legal 
    mechanism of affirmative defense, to address enforcement actions 
    brought about as a result of excess emissions from shutdowns, startups, 
    or malfunctions which temporarily exceed standards. However, 40 CFR 
    70.6(g) only allows sources to use the legal mechanism of affirmative 
    defense when excess emissions are emitted from a source during an 
    emergency situation. Based on the District's deviation from the Federal 
    requirements, EPA will not recognize or approve the affirmative defense 
    provisions in the District's Regulation 1.07, section 2.1. However, the 
    District has committed to the adoption of language which clarifies 
    Regulation 1.07, section 2.1 by only allowing sources to use the 
    affirmative defense in situations where excess emissions are a result 
    of emergency situations, as specified in 40 CFR 70.6(g).
        Additionally, Regulation 1.07, section 2.2 provides for the 
    classification of excess emissions from emergencies to be deemed not in 
    violation of specified standards. However, 40 CFR Part 70 requires any 
    emissions not permitted at a source to be in violation of permit terms 
    and conditions. Specifically, 40 CFR 70.6(g) classifies excess 
    emissions due to emergency situations as a violation of an existing 
    permit. Based on the District's deviation from this Federal requirement 
    in part 70, EPA will not recognize or approve the classification of 
    emergency emissions as not in violation of a permit within the 
    District's Regulation 1.07, section 2.2. However, the District has 
    committed to the adoption of language which clarifies Regulation 1.07, 
    section 2.2 by classifying excess emissions due to emergencies as 
    violations in section 2.2.
        Based on the District's proposed adoption of changes to Regulation 
    1.07 which were outlined in a letter to EPA dated November 6, 1995, and 
    as a condition of full approval, the District plans to expeditiously 
    adopt the proposed changes to Regulation 1.07, prior to EPA's final 
    action on the District's title V program. Alternatively, the District 
    will be required to modify Regulation 1.07 during the specified interim 
    approval period.
        In accordance with procedures specified in the Commonwealth of 
    Kentucky KRS 77.225-77.230 and 77.245-77.270, and as specified in the 
    District's State Implementation Plan (SIP) Regulation 1.08, section 4, 
    entitled ``Variance Procedures,'' the District maintains authority to 
    grant individual variances. This authority may be exercised by the 
    District upon request by any person or if the time necessary to correct 
    unlawful emissions is anticipated to exceed 30 days. The EPA regards 
    this provision as wholly external to the program submitted for approval 
    under part 70, and consequently is proposing to take no 
    
    [[Page 58036]]
    action on this provision of the District's regulations. The EPA has no 
    authority to approve provisions of the District's law, such as the 
    variance provisions referred to, which are inconsistent with the Act. 
    The EPA does not recognize the ability of a permitting authority to 
    grant relief from the duty to comply with a Federally enforceable part 
    70 permit, except where such relief is granted through procedures 
    allowed by part 70. A part 70 permit may be issued or revised 
    (consistent with part 70 permitting procedures) to incorporate those 
    terms of a variance that are consistent with applicable requirements. A 
    part 70 permit may also incorporate, via part 70 issuance or 
    modification procedures, the schedule of compliance set forth in a 
    variance. However, EPA reserves the right to pursue enforcement of 
    applicable requirements notwithstanding the existence of a compliance 
    schedule in a permit to operate. This is consistent with 40 CFR 
    70.5(c)(8)(iii)(C), which states that a schedule of compliance ``shall 
    be supplemental to, and shall not sanction noncompliance with, the 
    applicable requirements in which it is based.''
        The District's title V program submittal and TSD are available for 
    review for more detailed information. The aforementioned TSD contains 
    the detailed analysis of the District's program and describes the 
    manner in which the program meets all of the operating permit program 
    requirements of 40 CFR part 70.
    3. Permit Fee Demonstration
        Section 502(b)(3) of the Act requires that each permitting 
    authority collect fees sufficient to cover all reasonable direct and 
    indirect costs required to develop and administer a title V operating 
    permits program. Each title V program submittal must contain either a 
    detailed demonstration of fee adequacy or a demonstration that 
    aggregate fees collected from title V sources meet or exceed $25 per 
    ton per year (tpy), as adjusted annually for inflation. The $25 per ton 
    amount is presumed, for program approval, to be sufficient to cover all 
    reasonable program costs and is thus referred to as the ``presumptive 
    minimum.''
        The District has elected to assess the annual presumptive minimum 
    fee as adjusted by the CPI each year beginning in the year of program 
    approval by EPA. The total assessed fee will be calculated by 
    multiplying the presumptive minimum amount by the total actual 
    emissions of a source. For the fiscal year of 1996 (July 1, 1995, 
    through June 30, 1996) a presumptive amount of $37.70 shall be used to 
    calculate emissions fees. A maximum of 4,000 tpy of actual emissions of 
    a single pollutant will be counted toward the total emissions of a 
    source. EPA has determined that the District's assessed fees will 
    adequately fund the anticipated cost of the program consistent with the 
    requirements of 40 CFR 70.9.
    4. Provisions Implementing the Requirements of Other Titles of the Act
        a. Authority and/or Commitments for Section 112 Implementation. In 
    its program submittal, the District has demonstrated adequate legal 
    authority to implement and enforce section 112 requirements through the 
    title V permit. The District has also committed to ``adopt Federal rule 
    or standard when the Federal rule is promulgated.'' EPA has determined 
    that this commitment, in conjunction with the District's broad 
    statutory and regulatory authority, adequately assures compliance with 
    all section 112 requirements. For further rationale on this 
    interpretation, please refer to the TSD.
        b. Implementation of Section 112(g) Upon Program Approval. EPA 
    issued an interpretive notice on February 14, 1995 (60 FR 8333), which 
    outlines EPA's revised interpretation of section 112(g) applicability. 
    The notice postpones the effective date of section 112(g) until after 
    EPA has promulgated a rule addressing that provision. The notice sets 
    forth in detail the rationale for the revised interpretation.
        The section 112(g) interpretative notice explains that EPA is 
    considering whether the effective date of section 112(g) should be 
    delayed beyond the date of promulgation of the Federal rule so as to 
    allow states and local agencies time to adopt rules implementing the 
    Federal rule, and that EPA will provide for any such additional delay 
    in the final section 112(g) rulemaking. Unless and until EPA provides 
    for such an additional postponement of section 112(g), the District 
    must have a Federally enforceable mechanism for implementing section 
    112(g) during the period between promulgation of the Federal section 
    112(g) rule and adoption of the implementing District regulations.
        EPA is aware that the District lacks a program designed 
    specifically to implement section 112(g). However, the District 
    currently has a preconstruction program that can serve as an adequate 
    implementation vehicle during the transition period because it would 
    allow the District to select control measures that would meet the 
    maximum achievable control technology (MACT), as defined in section 
    112, and incorporate these measures into a Federally enforceable 
    preconstruction permit.
        For this reason, EPA proposes to approve the use of the District's 
    preconstruction program found in Regulation 2.03 under the authority of 
    title V and part 70, solely for the purpose of implementing section 
    112(g) to the extent necessary during the transition period between 
    section 112(g) promulgation and adoption of a District rule 
    implementing EPA's section 112(g) regulations. Although section 112(l) 
    generally provides authority for approval of state and local air 
    programs to implement section 112(g), title V and section 112(g) 
    provide for this limited approval because of the direct linkage between 
    the implementation of section 112(g) and title V. The scope of this 
    approval is narrowly limited to section 112(g) and does not confer or 
    imply approval for purposes of any other provision under the Act (e.g., 
    section 110). This approval will be without effect if EPA decides in 
    the final section 112(g) rule that sources are not subject to the 
    requirements of the rule until District regulations are adopted. The 
    duration of this approval is limited to 18 months following 
    promulgation by EPA of the section 112(g) rule to provide adequate time 
    for the District to adopt regulations consistent with the Federal 
    requirements.
        c. Program for Delegation of Section 112 Standards as Promulgated. 
    The requirements for part 70 program approval, specified in 40 CFR 
    70.4(b), encompass section 112(l)(5) requirements for approval of a 
    program for delegation of section 112 standards as promulgated by EPA 
    as they apply to title V sources. Section 112(l)(5) requires that the 
    District's program contain adequate authorities, adequate resources for 
    implementation, and an expeditious compliance schedule, which are also 
    requirements under part 70. Therefore, EPA also proposes to grant 
    approval, under section 112(l)(5) and 40 CFR 63.91, of the District's 
    program for receiving delegation of future section 112 standards and 
    programs that are unchanged from the Federal requirements as 
    promulgated. In addition, EPA proposes delegation of all existing 
    standards and programs under 40 CFR parts 61 and 63 for part 70 sources 
    and non-part 70 sources.1
    
        \1\ The radionuclide National Emission Standards for Hazardous 
    Air Pollutant (NESHAP) is a section 112 regulation and therefore, 
    also an applicable requirement under the District's operating 
    permits program for part 70 sources. There is not yet a Federal 
    definition of ``major'' for radionuclide sources. Therefore, until a 
    major source definition for radionuclide is promulgated, no source 
    would be a major section 112 source solely due to its radionuclide 
    emissions. However, a radionuclide source may, in the interim, be a 
    major source under part 70 for another reason, thus requiring a part 
    70 permit. EPA will work with the District in the development of its 
    radionuclide program to ensure that permits are issued in a timely 
    manner. 
    
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        The District has informed EPA that it intends to accept the 
    delegation of future section 112 standards using the mechanisms of 
    adoption-by-reference and case-by-case delegation. The details of the 
    District's use of these delegation mechanisms are set forth in a letter 
    dated August 9, 1995, submitted by the District as a title V program 
    addendum.
        d. Commitment to Implement Title IV of the Act. On June 21, 1995, 
    the District's acid rain rule for the Phase II permitting of acid rain 
    sources became District-effective. The District incorporated by 
    reference 40 CFR part 72 into Regulation 6.47 and 7.82, which was 
    submitted to EPA on July 11, 1995. The District has also committed to 
    the incorporation of amendments or additions to the Federal Acid Rain 
    rule as promulgated by EPA.
    
    B. Proposed Actions
    
    1. Full Approval
        EPA proposes to fully approve the operating permits program 
    submitted to EPA by the Jefferson County, Kentucky Air Pollution 
    Control District, if appropriate revisions consistent with 40 CFR 
    70.6(g) are incorporated into the District's Regulation 1.07, sections 
    2.1 & 2.2, and adopted prior to the final promulgation of this 
    rulemaking. EPA has determined that the District's program is otherwise 
    adequate to meet the minimum elements of the part 70 requirements for 
    an operating permits program in a partial geographic area.
    2. Interim Approval
        Alternatively, EPA is proposing to grant interim approval under 40 
    CFR 70.4(d) to the District's operating permits program if the changes 
    required for full approval, as described above, are not made prior to 
    final promulgation of this rulemaking. EPA can grant interim approval 
    because the District's program substantially meets the requirements of 
    part 70 as discussed in section II(A) of this notice. The interim 
    approval issues noted above will not prevent the District from issuing 
    permits that are consistent with the part 70 program.
        If EPA grants interim approval to the District's program, the 
    interim approval would extend for two years following the effective 
    date of final interim approval, and could not be renewed. During the 
    interim approval period, the District would be protected from 
    sanctions, and EPA would not be obligated to promulgate, administer and 
    enforce a Federal permits program for the District. Permits issued 
    under a program with interim approval are fully effective with respect 
    to part 70. The 12-month time period for submittal of permit 
    applications by sources subject to part 70 requirements and the three-
    year time period for processing the initial permit applications begin 
    upon the effective date of final interim approval.
        Following the granting of final interim approval, if District fails 
    to submit a complete corrective program for full approval by the date 
    six months before expiration of the interim approval, EPA would start 
    an 18-month clock for mandatory sanctions. If the District then fails 
    to submit a corrective program that EPA finds complete before the 
    expiration of that 18-month period, EPA is required to apply one of the 
    sanctions in section 179(b) of the Act, which will remain in effect 
    until EPA determines that the District has corrected the deficiencies 
    by submitting a complete corrective program.
    3. Other Actions
        EPA proposes to approve the District's preconstruction review 
    program found in Regulation 2.03, under the authority of title V and 
    part 70 solely for the purpose of implementing section 112(g) to the 
    extent necessary during the transition period between 112(g) 
    promulgation and adoption of the District's regulation implementing 
    EPA's section 112(g) regulations.
        As discussed above in section II.A.4.c, EPA is proposing to grant 
    approval under section 112(l)(5) and 40 CFR 63.91, to the District's 
    program for receiving delegation of section 112 standards and programs 
    that are unchanged from Federal rules as promulgated. In addition, EPA 
    proposes to delegate existing standards and programs under 40 CFR parts 
    61 and 63 for both part 70 sources and non-part 70 sources.
    
    IV. Administrative Requirements
    
    A. Request for Public Comments
    
        EPA requests comments on all aspects of this proposed full/interim 
    approval. Copies of the District's submittal and other information 
    relied upon for the proposed full/interim approval are contained in 
    docket number KY-JEFF-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 proposed full/interim approval. The principal purposes of the 
    docket are:
        To allow interested parties a means to identify and locate 
    documents so that they can effectively participate in the approval 
    process; and
        To serve as the record in case of judicial review. EPA will 
    consider any comments received by December 26, 1995.
    
    B. Executive Order 12866
    
        The Office of Management and Budget has exempted this regulatory 
    action from Executive Order 12866 review.
    
    C. Regulatory Flexibility Act
    
        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.
    
    D. Unfunded Mandates
    
        Under Section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to state, local, or tribal governments in the aggregate; or to 
    the private sector, of $100 million or more. Under Section 205, EPA 
    must select the most cost-effective and least burdensome alternative 
    that achieves the objectives of the rule and is consistent with 
    statutory requirements. Section 203 requires EPA to establish a plan 
    for informing and advising any small governments that may be 
    significantly or uniquely impacted by the rule.
        EPA has determined that the proposed approval action promulgated 
    today does not include a Federal mandate that may result in estimated 
    costs of $100 million or more to either state, local, or tribal 
    governments in the aggregate, or to the private sector. This Federal 
    action approves pre-existing requirements under state or local law, and 
    imposes no new Federal requirements. Accordingly, no additional costs 
    to state, local, or tribal governments, or to the private sector, 
    result from this action.
    
    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.
    
        Authority: 42 U.S.C. 7401-7671q.
    
    
    [[Page 58038]]
    
        Dated: November 8, 1995.
    Patrick M. Tobin,
    Acting Regional Administrator.
    [FR Doc. 95-28489 Filed 11-22-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Published:
11/24/1995
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed full approval, or proposed interim approval in the alternative.
Document Number:
95-28489
Dates:
Comments on this proposed action must be received in writing by December 26, 1995.
Pages:
58033-58038 (6 pages)
Docket Numbers:
KY-JEFF-95-01, FRL-5334-6
PDF File:
95-28489.pdf
CFR: (1)
40 CFR 70