[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14489-14491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7908]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY20-1-9612a; FRL-5447-8]
Approval and Promulgation of Implementation Plans Kentucky:
Approval of Revisions to the Kentucky State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Kentucky State
Implementation Plan (SIP) submitted on June 15, 1983, by the
Commonwealth of Kentucky through the Natural Resources and
Environmental Protection Cabinet (Cabinet). The revisions pertain to
Kentucky regulations 401 KAR 50:025, Classification of counties, and
401 KAR 61:015, Existing indirect heat exchangers. The purpose of these
revisions is to reclassify McCracken County from a Class I area to a
Class IA area, with respect to sulfur dioxide (SO2), and to allow
a relaxation of the SO2 emission limit in McCracken County.
DATES: This action is effective June 3, 1996, unless notice is received
by May 2, 1996, that someone wishes to submit adverse or critical
comments. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Scott M. Martin,
Regulatory Planning and Development Section, Air Programs Branch, Air,
Pesticides & Toxics Management Division, Region 4 Environmental
Protection Agency, 345 Courtland Street, NE, Atlanta, Georgia 30365.
Copies of the documents relative to this action are available for
public inspection during normal business hours at the following
locations. The interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington DC 20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, Atlanta, Georgia 30365.
Natural Resources and Environmental Protection Cabinet, Department for
Environmental Protection, Division for Air Quality, 803 Schenkel Lane,
Frankfort, Kentucky 40601-1403.
FOR FURTHER INFORMATION CONTACT:
Mr. Scott M. Martin, Regulatory Planning and Development Section, Air
Programs Branch, Air Pesticides and Toxics Management Division, Region
4 Environmental Protection Agency, 345 Courtland Street, NE, Atlanta,
Georgia 30365. The telephone number is (404) 347-3555 ext. 4216.
SUPPLEMENTARY INFORMATION: On June 15, 1983, the Commonwealth of
Kentucky through the Cabinet submitted revisions to the SO2 SIP.
The revisions pertain to Kentucky regulations 401 KAR 50:025,
Classification of counties, and 401 KAR 61:015, Existing indirect heat
exchangers. The purpose of these revisions is to reclassify McCracken
County from a Class I area to a Class IA area, with respect to
SO2, and to allow a relaxation of the SO2 emission limit in
McCracken County. The revisions are described below:
(1) 401 KAR 50:025. Classification of Counties
On July 2, 1982, McCracken County was redesignated by the EPA from
non-attainment to attainment for SO2. The
[[Page 14490]]
Kentucky Division of Air Pollution has determined that the relaxed
emission limitations contained in these amendments will not affect the
SO2 air quality of McCracken County sufficiently to cause a threat
to its environment or to the health and welfare of its citizens.
Therefore, the revision changes McCracken County's classification, with
respect to SO2, from Class I to Class IA.
(2) 401 KAR 61:015. Existing Indirect Heat Exchangers
Paragraph 5 is added to Section 5. Standard for Sulfur Dioxide. The
paragraph reads as follows: In counties classified as IA with respect
to sulfur dioxide, at sources having a total rated heat input greater
than fifteen hundred million BTU per hour (1500 MM BTU/hr.) as
determined by Section 3(1), the department shall allow one (1) affected
facility, as specified on the operating permit, to emit sulfur dioxide
at a rate not to exceed a twenty-four (24) hour average of 8.0 pounds
per million BTU, during those periods of time when the affected
facility is being operated for the purpose of generating high sulfur
dioxide content flue gases for use in any experimental sulfur dioxide
removal system.
(3) Appendix B of 401 KAR 61:015
A new equation is added for the calculation of SO2 emission
limits for counties classified as Class IA.
The purpose of these revisions is to allow the TVA Shawnee Power
Plant to continue its scrubber research program by increasing the
allowable SO2 emission limit from 1.2 lbs to 8.0 lbs per million
BTU heat input for only one of its units while conducting scrubber
research and to allow the Paducah Gaseous Diffusion Plant to increase
its emission rate from 1.2 lb SO2 to 3.1 lbs SO2 per million
BTU heat input. After extensive air dispersion modeling using the
Multiple Point Gaussian Dispersion Algorithm with Terrain Adjustment
(MPTER) and the Single Source Dispersion Algorithm with Terrain
Adjustment (CRSTER), the Kentucky Division for Air Quality has
determined that the relaxed emission limitations proposed in these
amendments will not affect the air quality of McCracken County, as it
relates to SO2, in such a way as to cause a threat to its
environment or to the health and welfare of its citizens. The EPA
concurs with the determination by the Kentucky Division for Air
Quality.
Final Action
EPA is approving the above referenced revisions to the Kentucky
SIP. This action is being taken without prior proposal because the EPA
views this as a noncontroversial amendment and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. This action will be effective
June 3, 1996, unless, by May 2, 1996, adverse or critical comments are
received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective June 3, 1996.
Under section 307(b)(1) of the Clean Air Act (CAA), 42 U.S.C.
7607(b)(1), petitions for judicial review of this action must be filed
in the United States Court of Appeals for the appropriate circuit by
June 3, 1996. Filing a petition for reconsideration by the
Administrator of this final rule does not affect the finality of this
rule for purposes of judicial review nor does it extend the time within
which a petition for judicial review may be filed, and shall not
postpone the effectiveness of such rule or action. This action may not
be challenged later in proceedings to enforce its requirements. (See
Section 307(b)(2) of the CAA, 42 U.S.C. 7607(b)(2)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under 110 and subchapter I, part D of the CAA do not
create any new requirements, but simply approve requirements that the
State is already imposing. Therefore, because the federal SIP-approval
does not impose any new requirements, I certify that it does not have a
significant impact on any small entities affected. Moreover, due to the
nature of the federal-state relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2)
and 7410(k)(3).
Unfunded Mandates
Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 110 of the CAA.
These rules may bind State, local and tribal governments to perform
certain duties. EPA has examined whether the rules being approved by
this action will impose any mandate upon the State, local or tribal
governments either as the owner or operator of a source or as a
regulator, or would impose any mandate upon the private sector. EPA's
action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. Therefore, this final action
does not include a mandate that may result in estimated costs of $100
million or more to State, local, or
[[Page 14491]]
tribal governments in the aggregate or to the private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: March 13, 1996.
Phyllis P. Harris,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart S--Kentucky
2. Section 52.920, is amended by adding paragraph (c) (83) to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(83) Revisions to the Kentucky State Implementation Plan submitted
by the Natural Resources and Environmental Protection Cabinet on June
15, 1983.
(i) Incorporation by reference.
401 KAR 50:025 Classification of Counties, and 401 KAR 61:015
Existing Indirect Heat Exchangers, effective June 1, 1983.
(ii) Additional material. None.
[FR Doc. 96-7908 Filed 4-1-96; 8:45 am]
BILLING CODE 6560-50-P
