96-7035. Clean Air Act Approval of Operating Permits Program; Jefferson County, Kentucky  

  • [Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
    [Rules and Regulations]
    [Pages 11738-11740]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-7035]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 70
    
    [KY-JEFF-96-01; FRL-5445-7]
    
    
    Clean Air Act Approval of Operating Permits Program; Jefferson 
    County, Kentucky
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final full approval.
    
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    SUMMARY: The EPA is promulgating full approval of the Operating Permits 
    Program submitted by the Jefferson County, Kentucky Air Pollution 
    Control District (District) located in the geographic area of Jefferson 
    County, Kentucky. 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.
    
    EFFECTIVE DATE: April 22, 1996.
    
    ADDRESSES: Copies of the District's submittal and other supporting 
    information used in developing the final 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, Georgia 30365, on the 3rd floor of the Tower Building. 
    Interested persons wanting to examine these documents, contained in EPA 
    docket number KY-JEFF-96-01, should make an appointment at least 24 
    hours before the visiting day.
    
    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
    
        Title V of the 1990 Clean Air Act Amendments (Section 501-507 of 
    the Clean Air Act (``the Act'')), and implementing regulations at 40 
    Code of Federal Regulations (CFR) part 70 require that states or 
    authorized local agencies 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 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 the interim program, it must establish and 
    implement a Federal Program.
        On November 24, 1995, EPA proposed full approval, or in the 
    alternative, interim approval of the operating permits program for the 
    Jefferson County, Kentucky, Air Pollution Control District. See 60 FR 
    58033. The November 24, 1995, notice also proposed approval of the 
    District'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. On February 16, 1996, the District 
    submitted a package containing revisions to the operating permits 
    program, which addressed the
    
    [[Page 11739]]
    deficiency discussed in the full/interim approval notice. As required 
    by 40 CFR 70.6(g), the District adopted revisions to Regulation 1.07, 
    section 2.2, to ensure that excess emissions due to emergency 
    situations are classified as a violation of an existing permit. 
    Specifically the new regulation 1.07, section 2.2, reads as follows: 
    ``Notwithstanding the provisions of section 2.1, if a federal 
    regulation requires compliance with emissions standards during startup, 
    shutdown, malfunction, or emergency, excess emissions resulting from 
    any of these events shall be deemed in violation of those standards 
    even though, based upon a showing by the owner or operator of the 
    source and an affirmative determination by the district, the applicable 
    requirements identified in section 2.1 are satisfied.'' Additionally, 
    40 CFR 70.6(g) required the District to adopt revisions to Regulation 
    1.07, section 2.1, to only allow sources the use of the legal mechanism 
    of ``affirmative defense'' when excess emissions are emitted from a 
    source during an emergency situation. Specifically, the new Regulation 
    1.07, section 2.2 reads as follows: ``However, in the case of 
    technology-based federal emission standards, an emergency shall 
    constitute an affirmative defense to an enforcement action brought for 
    noncompliance with these emission standards if, based upon a showing by 
    the owner or operator of the source and an affirmative determination by 
    the District, the requirements of section 5 are met.'' It is EPA's 
    understanding that the District's sections 2.1 and 2.2 allow sources to 
    use the legal mechanism of affirmative defense on federally mandated 
    emission limits, when a federally promulgated emission standards has 
    been violated during emergencies situations as defined in Regulation 
    1.07, section 5. These changes became locally effective on January 17, 
    1996.
        In this action, EPA is promulgating full approval of the Jefferson 
    County, Kentucky 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 full approval of the operating permits 
    program submitted by the Jefferson County, Kentucky, Air Pollution 
    Control District, on February 1, 1994, and supplemented on November 15, 
    1994; May 3, 1995; July 14, 1995; and February 16, 1996. The November 
    24, 1995, notice established that the District would receive full 
    approval of its program if changes to Regulation 1.07, sections 2.1 and 
    2.2 were adopted prior to final promulgation. Such changes became 
    locally effective on January 17, 1996. The District has demonstrated 
    that the program will be adequate to meet the minimum elements of a 
    state or local operating permits program as specified in 40 CFR part 
    70.
        The scope of the District's part 70 program approved in this notice 
    applies to all part 70 sources (as defined in the approved program) 
    within Jefferson County, Kentucky, except any sources of air pollution 
    over which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 
    55815-18 (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 Act; see also 59 FR 43956, 43962 (Aug. 25, 
    1994); 58 FR 54364 (Oct. 21, 1993).
    
    B. Preconstruction Permit Program Implementing Section 112(g)
    
        EPA is approving the use of District's preconstruction program 
    found in Regulation 2.03 as a mechanism to implement section 112(g) 
    during the transition period between promulgation of EPA's section 
    112(g) rule and the District'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 the District to implement section 112(g). 
    The duration of this approval is limited to 18 months following 
    promulgation by EPA of section 112(g) regulations to provide the 
    District 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 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 District'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 District's program for receiving 
    delegation of section 112 standards and programs that are unchanged 
    from Federal rules as promulgated. In addition, EPA is approving the 
    delegation of all existing standards and programs under 40 CFR parts 61 
    and 63. This program for delegation applies to both part 70 sources and 
    non-part 70 sources.
    
    III. Administrative Requirements
    
    A. Docket
    
        Copies of the District's submittal and other information relied 
    upon for the final full approval are contained in docket number KY-
    JEFF-96-01 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 full 
    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 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.
    
    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: March 15, 1996.
    Phyllis P. Harris,
    Acting Deputy Regional Administrator.
    
        Part 70, title 40 of the Code of Federal Regulations is amended as 
    follows:
    
    PART 70--[AMENDED]
    
        1. The authority citation for part 70 continues to read as follows:
    
        Authority: 42 U.S.C. 7401, et seq.
    
        2. Appendix A to part 70 is amended by adding the entry for 
    Kentucky in alphabetical order to read as follows:
    
    Appendix A to Part 70--Approval Status of State and Local Operating 
    Permits Programs
    
    * * * * *
    
    [[Page 11740]]
    
    
    Kentucky
    
        (a) Kentucky Natural Resources and Environmental Protection 
    Cabinet: submitted on December 27, 1993, and supplemented on 
    November 15, 1994, April 14, 1995, May 3, 1995 and May 22, 1995; 
    interim approval effective on December 14, 1995; interim approval 
    expires on December 14, 1997.
        (b) Air Pollution Control District of Jefferson County, 
    Kentucky: submitted on February 1, 1994, and supplemented on 
    November 15, 1994, May 3, 1995, July 14, 1995 and February 16, 1996; 
    full approval effective on April 22, 1996.
    * * * * *
    [FR Doc. 96-7035 Filed 3-21-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
4/22/1996
Published:
03/22/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final full approval.
Document Number:
96-7035
Dates:
April 22, 1996.
Pages:
11738-11740 (3 pages)
Docket Numbers:
KY-JEFF-96-01, FRL-5445-7
PDF File:
96-7035.pdf
CFR: (1)
40 CFR 70