[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33674-33676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16154]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY86-2-6933a; FRL-5456-4]
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.
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SUMMARY: EPA is approving revisions to the Kentucky State
Implementation Plan (SIP) submitted on December 29, 1994, by the
Commonwealth of Kentucky through the Natural Resources and
Environmental Protection Cabinet (Cabinet). The revisions pertain to
Kentucky regulations 401 KAR 59:101 New Bulk Gasoline Plants and 401
KAR 61:056 Existing Bulk Gasoline Plants. The revisions were the
subject of a public hearing held on July 26, 1994, and became state
effective September 28, 1994. The intended effect of these revisions is
to clarify certain provisions and ensure consistency with requirements
of the Clean Air Act.
DATES: This final rule is effective August 27, 1996 unless notice is
received by July 29, 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 December 29, 1994, the Commonwealth of
Kentucky through the Cabinet, submitted revisions to the Kentucky SIP.
The revisions pertain to Kentucky regulations 401 KAR 59:101 New Bulk
Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants. The
revisions were the subject of a public hearing held on July 26, 1994,
and became state effective September 28,
[[Page 33675]]
1994. The intended effect of these revisions is to clarify certain
provisions and ensure consistency with requirements of the Clean Air
Act. The following revisions apply to both 401 KAR 59:101 New Bulk
Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
1. Section 1. Applicability. This section was revised and contains
language that details which facilities must comply with this
regulation. These revisions do not relax the applicability
requirements. Additionally, this section was renumbered to be section
2.
2. Section 2. Definitions. This section was renumbered as Section
1.
3. Section 3. VOCs. Paragraph 4, which reads as follows, ``The
vapor balance system must be equipped with interlocking devices which
prevent transfer of gasoline until the vapor return hose is connected''
was deleted. This regulation was deleted because new technology has
been developed which deems it obsolete.
4. Section 6. Compliance Timetable. This section, which outlines
the timeframe for compliance with this regulation, is being added.
5. Section 7. Exemptions. is being added. It reads as follows: ``An
affected facility shall be exempt from this administrative regulation
if the throughput is less than 4,000 gal/day. A rolling thirty (30) day
average shall be allowed for determining applicability.'' This
exemption is consistent with EPA policy.
Final Action
EPA is approving the above referenced revisions to the Kentucky SIP
because they meet the requirements of the EPA and the Clean Air Act
(CAA). 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 on August 27 1996 unless, by July 29, 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 August 27, 1996.
Under Section 307(b) (1) of the 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 August
27, 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. Section 603 and
Section 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 Section 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. Section 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 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 12, 1996.
Phyllis 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.
[[Page 33676]]
Subpart S--Kentucky
2. Section 52.920 is amended by adding paragraph (c) (84) to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(84) Revisions to the Kentucky State Implementation Plan submitted
by the Natural Resources and Environmental Protection Cabinet on
December 29, 1994. The regulations being revised are 401 KAR 59:101 New
Bulk Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
(i) Incorporation by reference. Division for Air Quality
regulations 401 KAR 59:101 New bulk gasoline plants, and 401 KAR 61:056
Existing bulk gasoline plants, effective September 28, 1994.
(ii) Additional material. None.
[FR Doc. 96-16154 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
