[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Rules and Regulations]
[Pages 49404-49409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23579]
[[Page 49404]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY-75-1-9910a; KY-97-1-9911a; FRL-6435-4]
Approval and Promulgation of Implementation Plans
Kentucky: Approval of Revisions to the Louisville State
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving the Air Pollution Control District of
Jefferson County portion of the State Implementation Plan (SIP)
submitted by the Commonwealth of Kentucky through the Natural Resources
and Environmental Protection Cabinet on November 12, 1993, and amended
on April 5, 1994, and June 30, 1997, which includes the 15 Percent
Rate-of-Progress Plan (15 percent plan) for the Louisville moderate
ozone nonattainment area. This submittal was made to meet the 15
percent reduction in emissions of volatile organic compounds (VOCs)
requirement of section 182(b)(1)(A) of the Clean Air Act, as amended in
1990 (CAA). EPA is approving the plan, including the individual
measures that achieve the 15 percent reduction in VOCs and the
Jefferson County 1990 Base Year Emissions Inventory. The inventory was
submitted by Kentucky to fulfill requirements of section 182(b) of the
CAA.
DATES: This direct final rule is effective November 12, 1999 without
further notice, unless EPA receives adverse comment by October 13,
1999. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: All comments should be addressed to: Scott M. Martin at the
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta,
Georgia 30303.
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. Reference file KY-97.
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 Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303-3104.
Department for Environmental Protection, Natural Resources and
Environmental Protection Cabinet, Division of Air Quality, 803 Schenkel
Lane, Frankfort, Kentucky 40601.
Air Pollution Control District of Jefferson County, 850 Barrett Avenue,
Suite 205, Louisville, Kentucky 40204.
FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,
SW, Atlanta, Georgia 30303-3104. The telephone number is 404-562-9036.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
Background.
1990 Base year emissions inventory.
Adjusted base year inventory.
1990 Rate-of-progress inventory.
15 Percent plan.
Creditable 15 percent reduction.
Total expected reductions by 1996.
Target level emissions for 1996.
Reductions needed by 1996 to achieve 15 percent accounting
for growth.
Reductions required by 1996.
1996 Projected emissions.
Control strategies to meet the 15 percent reduction
requirement and approval of supporting regulations.
Final action.
Administrative requirements.
Background
The Louisville area was classified as a multi-state moderate ozone
nonattainment area on November 15, 1990, pursuant to the CAA. The
Louisville nonattainment area consists of Jefferson County and parts of
Bullit and Oldham Counties, Kentucky, and Floyd and Clark Counties,
Indiana.
Section 182(b) of the CAA requires that each state in which all or
part of a moderate nonattainment area is located submit, by November
15, 1992, an inventory of actual emissions from all sources, as
described in section 172(c)(3) and 182(a)(1), in accordance with
guidance provided by the Administrator. This inventory is for calendar
year 1990 and is designated the base year inventory. The inventory
should include both anthropogenic and biogenic sources of volatile
organic compounds (VOCs), nitrogen oxides (NOx), and carbon monoxide
(CO), and must address actual emissions of these pollutants in the
nonattainment area during the peak ozone season. The inventory should
include all point and area sources, as well as all highway and non-
highway mobile sources.
In addition, section 182(b)(1)(A) of the CAA requires ozone
nonattainment areas classified as moderate and above to develop plans
to reduce VOC emissions by 15 percent from the 1990 base year. The
plans were to be submitted by November 15, 1993, and the reductions
were required to be achieved within six years of enactment or November
15, 1996. The CAA also set limitations on the creditability of certain
types of reductions. Specifically, a state cannot take credit for
reductions achieved by Federal Motor Vehicle Control Program (FMVCP)
measures promulgated prior to 1990, or for reductions resulting from
requirements to lower the Reid Vapor Pressure (RVP) of gasoline
promulgated prior to 1990 or required under section 211(h) of the CAA,
which restricts gasoline RVP. Furthermore, the CAA does not allow
credit for corrections to vehicle I/M Programs or corrections to
Reasonably Available Control Technology (RACT) rules as these programs
were required prior to 1990.
1990 Base Year Emissions Inventory
In this action, the EPA is approving the 1990 base year emissions
inventory for the Louisville area. Detailed information on the
emissions calculations can be obtained at the Regional Office address
above. The following table is a summary of the base year emissions
inventory.
Louisville 1990 Base Year Emissions Inventory
[Tons/day]
------------------------------------------------------------------------
Source type VOC NOX CO
------------------------------------------------------------------------
Point............................ 83.75 147.87 10.14
Area............................. 38.69 4.5 28.04
[[Page 49405]]
Mobile........................... 92.81 40.49 541.22
Nonroad.......................... 12.68 16.58 54.61
Biogenic......................... 20.9 N/A N/A
--------------------------------------
Total........................ 248.83 209.44 634.01
------------------------------------------------------------------------
The EPA is approving this inventory as satisfying the requirements
of section 182(a)(1) of the CAA.
Adjusted Base Year Inventory
The adjusted base year inventory for VOCs requires exclusion of
emission reductions that would occur by 1996 as a result of the FMVCP
and RVP regulations promulgated prior to 1990. The following table is a
summary of the adjusted base year inventory.
Louisville 1990 Adjusted Base Year Inventory
[Tons/day]
------------------------------------------------------------------------
Source type VOC
------------------------------------------------------------------------
Point...................................................... 83.75
Area....................................................... 38.69
Mobile..................................................... 49.52
Nonroad.................................................... 12.68
------------
Total.................................................. 184.64
------------------------------------------------------------------------
1990 Rate-of-Progress Inventory
The Rate-of-Progress inventory is comprised of the anthropogenic
stationary (point and area) and total mobile source emissions in the
nonattainment area with all biogenic emissions removed from the base
year inventory. The following table is a summary of the Rate-of-
Progress baseline inventory.
Louisville 1990 Rate-of-Progress Base Year
[Tons/day]
------------------------------------------------------------------------
Source type VOC
------------------------------------------------------------------------
Point...................................................... 83.75
Area....................................................... 38.69
Mobile..................................................... 92.81
Nonroad.................................................... 12.68
------------
Total.................................................. 227.93
------------------------------------------------------------------------
15 Percent Plan
Kentucky submitted a 15 percent Plan for the Louisville
nonattainment area to EPA on November 12, 1993, with additional
information submitted on April 5, 1994, and June 30, 1997. This
submittal was required in order to demonstrate reasonable further
progress in attaining the National Ambient Air Quality Standard (NAAQS)
for ozone. This 15 percent plan is not intended to demonstrate
attainment of the ozone NAAQS. The CAA required Kentucky to submit a
plan by November 15, 1993, and to attain the ozone NAAQS by 1996. In
order to demonstrate progress, the Commonwealth must achieve actual VOC
emission reductions of at least 15 percent during the first six years
after enactment of the CAA. The 15 percent reduction must be based on a
decrease from the 1990 base year emissions, excluding emissions from
other reduction programs and emission sources outside the nonattainment
area.
Creditable 15 Percent Reduction
The adjusted base year inventory of 184.64 tons/day is multiplied
by 0.15 to calculate the creditable 15 percent reduction in tons/day.
Louisville needs a reduction of 27.70 tons/day to obtain the creditable
15 percent reduction.
Total Expected Reductions by 1996
The total expected reductions by 1996 include the required 15
percent (27.70 tons/day), the reductions from FMVCP and RVP (43.29
tons/day), corrections to RACT rules (0.00 tons/day) and corrections to
I/M programs (0.00 tons/day). Louisville was required to have a total
of 70.99 tons/day of VOC reductions by 1996.
Target Level Emissions for 1996
To calculate the 1996 target emissions level, the total expected
reductions (70.99 tons/day) are subtracted from the 1990 Rate-of-
Progress base year inventory (227.93 tons/day) for the Louisville
nonattainment area. This gives a 1996 target level emissions of 156.94
tons/day.
Reductions Needed by 1996 to Achieve 15 Percent Accounting for
Growth
The reductions needed to achieve 15 percent accounting for growth
are determined by subtracting the target level emissions (156.94 tons/
day) from the 1996 estimated emissions (199.57 tons/day) giving a total
of 42.63 tons/day in additional reductions needed.
Reductions Required by 1996
In order to meet the target level required for 1996, Louisville
must reduce VOC emissions by an additional 42.63 tons/day. The 1990
Rate-of-Progress Base Year inventory is the base inventory from which
the 15 percent reduction on existing sources and the reduction from
growth by 1996 must be calculated to meet requirements of the CAA.
The following is a summary of the reductions Louisville obtained to
meet this requirement. More detailed information concerning specific
areas of reduction can be found in the Technical Support Document (TSD)
located at the Regional EPA address listed above.
Summary of VOC Reductions Needed
----------------------------------------------------------------------------------------------------------------
Jefferson county Required Expected Outcome
----------------------------------------------------------------------------------------------------------------
Point Sources................................................... 16.37 16.78 0.41
Area Sources.................................................... 8.98 7.53 -1.45
Mobile Sources.................................................. 15.48 17.87 2.39
Subtotal........................................................ 40.83 42.18 1.35
Bullit/Oldham Counties.......................................... 1.79 1.20 -0.59
-----------------------------------------------
[[Page 49406]]
Total....................................................... 42.62 43.38 (1)
----------------------------------------------------------------------------------------------------------------
\1\ 0.76 tons/day excess reductions.
1996 Projected Emissions
The projected emissions for 1996 have been calculated by applying
the control measures discussed below to the 1996 Estimated Emissions.
The 1996 Projected Emissions are shown as follows:
1996 Projected Emissions
[Tons/day]
------------------------------------------------------------------------
------------------------------------------------------------------------
Point...................................................... 70.85
Area....................................................... 31.66
Mobile..................................................... 39.51
Nonroad.................................................... 14.17
------------
Total.................................................. 156.19
------------------------------------------------------------------------
The 1996 Projected Emissions of 156.19 tons/day are less than the
1996 Target Level Emissions of 156.94 tons/day.
Control Strategies to Meet the 15 Percent Reduction Requirement and
Approval of Supporting Regulations
Industrial Source Control Measures
Regulation 1.18 Rule Effectiveness
Regulation 1.18 Rule Effectiveness is being added and applies to
sources subject to Regulation 6.43 VOC Emission Reduction Requirements.
Sources must develop a rule effectiveness improvement plan and have all
measures implemented by November 15, 1996. These improvements reduce
VOC emissions by 12,740 lbs/day or 6.37 tons/day.
1990 Non-Compliance Sources
There were three industrial sources that were not in compliance
with existing VOC emission requirements during 1990. The actual
emissions of these sources were included in the 1990 emissions
inventory. These sources subsequently implemented compliance plans and
are now in compliance with these VOC emissions requirements. The
reductions from the actual emissions levels down to the allowed
emissions levels are included in the final 15 percent VOC emissions
reduction plan for the industrial source categories. This results in a
reduction of 2,696 lbs/day or 1.35 tons/day.
Regulation 6.43 VOC Emission Reduction Requirements
Regulation 6.43 VOC Emission Reduction Requirements establishes
emissions, equipment, and operational requirements for 16 sources. Each
source voluntarily agreed to the requirements. The sources are as
follows: Akzo Nobel Resins; Alcan Rolled Products Company, Louisville
Plant; American Synthetic Rubber Corporation; Ashland Petroleum
Company, Aetna Terminal; the Carbide/Graphite Group, Inc.; Courtaulds
Coatings, Plant #1; DuPont Dow Elastomers L.L.C.; the Earthgrains
Company; Ford Motor Company; Gateway Press, Inc.; Marathon Oil Company,
Louisville Terminal; Phillip Morris Incorporated, Maple Street Plant;
Reynolds Metals Company, Plant #1; Rohm and Haas Kentucky Inc.; United
Defense Louisville Plant; Zeon Chemicals KY, Inc. These requirements
reduce VOC emissions by 7,127 lbs/day or 3.56 tons/day. Further details
pertaining to the requirements specific to each source can be obtained
from the Regional EPA address listed above.
Use of Emission Reduction Credits (ERCs)--Industry Held
The voluntary use of industry held ERCs is a component of
Regulation 6.43 and will provide a reduction of 5,859 lbs/day or 2.93
tons/day in VOC emissions. These ERCs have been retired from
Louisville's ERC Bank.
Regulation 2.12 Emissions Trading (Including Banking and Bubble Rules)
This regulation is being added to develop Louisville's emission
trading and banking program. The regulation is applicable to any
pollutant for which Louisville has adopted stationary source control
regulations. The application procedures, creation of ERCs, the use of
ERCs, the withdrawal of ERCs, and the air quality modeling requirements
for use of particulate matter, sulfur dioxide, and carbon monoxide ERCs
are all established in the regulation. EPA is not taking action on
section 8 Alternate Emission Standards (Bubbles), section 9
Transmittals to EPA, and section 10 Amendments to the State
Implementation Plan: Requirements and Exemptions. Approval of these
sections is not required for the Louisville area to operate a banking
and trading program and the sections do not meet EPA guidance.
Use of Unallocated Community-Held ERCs.
Regulation 2.12 Emissions Trading (Including Banking and Bubble
Rules) is being added to the Louisville SIP to establish the procedural
requirements for the use of unallocated community held ERCs. The ERCs
used toward the 15 percent plan have been retired from the bank and
will provide a reduction of 5,129 lbs/day or 2.56 tons/day in VOC
emissions.
Area Source Control Measures
Regulation 1.16 Standards for Volatile Organic Compound Content of
Architectural and Industrial Maintenance Coatings
This regulation is being added to require a 25 percent reduction in
VOC content in coatings used for architectural and industrial
maintenance. There are two emission categories relevant to this area:
architectural surface coatings and traffic markings. The total
projected 1996 emissions from these categories is 12,090 lbs/day.
Multiplying this by 0.25 gives a reduction of 3,022 lbs/day or 1.51
tons/day.
Regulation 6.40 Standards of Performance for Gasoline Transfer to
Motor Vehicles (Stage II Vapor Recovery and Control)
This regulation is being added to the Louisville SIP and is
applicable to gasoline dispensing facilities dispensing gasoline from
storage tanks to motor vehicle fuel tanks. This regulation applies to
both new and existing gasoline dispensing facilities whose monthly
throughput exceeds 10,000 gallons of gasoline based upon calculating
the average volume of gasoline dispensed per month over the consecutive
12 month period preceding the effective date of this regulation (August
9, 1993). Regulation 6.40 does not apply to a gasoline dispensing
facility of an independent small business marketer which dispenses an
average monthly throughput of less than 25,000 gallons of gasoline per
month. The application of Stage II vapor recovery equipment on the
gasoline
[[Page 49407]]
dispensing facilities in the County as specified in Regulation 6.40 is
expected to result in a reduction of 95 percent in the relevant VOC
emissions. Since the use of reformulated gasoline has been mandated for
the area through the Commonwealth's opt-in to the program, an allowance
was made for this reduction prior to calculating the Stage II
reduction. The EPA estimate of 3.5% was used. The following provides
the basis for the estimate of the emission reduction:
1996 Projected Emissions (no RFG)--11,299 lbs/day
3.5% Reduction for RFG---395 lbs/day
Net projected 1996 Emissions--10,904 lbs/day
10,904 lbs/day x 0.95 = 10,358 lbs/day or 5.18 tons/day reduction.
Regulation 6.44 Standards of Performance for Existing Commercial Motor
Vehicle and Mobile Equipment Refinishing Operations and Regulation 7.79
Standards of Performance for New Commercial Motor Vehicle and Mobile
Equipment Refinishing Operations
These regulations are being added to the Louisville SIP and are
applicable to commercial facilities making spot repairs, panel repairs,
refinishing of parts and/or the refinishing of the entire motor vehicle
or mobile equipment. These regulations require auto refinishing shops
to reduce VOC emissions by limiting solvent use, paints, equipment used
or some combination of these options and result in 0.57 tons/day
reduction in VOC emissions.
Regulation 6.45 Standards of Performance for Existing Solid Waste
Landfills
This regulation is being added to the Louisville SIP and is
applicable to existing solid waste landfills located in Jefferson
County, Kentucky that commenced operation before or after February 2,
1994. This regulation involves the control of VOC emissions from
landfill waste disposal sites implementing collection and combustion of
landfill gases and will result in a 0.10 tons/day reduction in VOC
emissions.
Gasoline Controls for Off-Road Mobile Sources
By adopting the use of reformulated gasoline for non-road engines
Louisville will obtain a reduction of 0.17 tons/day.
Mobile Source Control Measures
Regulation 8.03 Commuter Vehicle Testing Requirements
This regulation is being added to the Jefferson County SIP and is
applicable to the owners or operators of vehicles who routinely or
regularly commute to Jefferson County, Kentucky for employment or self
employment. The provisions of this regulation also apply to all
employers and self-employers with one or more employees who routinely
or regularly commute to Jefferson County for employment or self
employment. Commuters shall have their vehicle's emissions tested on an
annual basis at a Jefferson County Vehicle Emissions Testing Center and
shall comply with Regulation 8.01 unless exempted. This regulation will
result in a 4.98 tons/day reduction in VOC emissions.
Gasoline Controls
Implementation of reformulated gasoline for onroad mobile sources
reduces VOC emissions by of 9.99 tons/day.
Other Control Measures
In an effort to gain additional reductions, Louisville is
implementing the following programs: Transit (1.30 ton/day), Rideshare
(1.10 tons/day), Alternate Fuel Vehicles (0.10 tons/day), and Traffic
Signal Improvements (0.40 tons/day) for a total reduction in VOC
emissions of 2.90 tons/day.
Final Action
The EPA is granting final approval of the Louisville 1990 Base Year
Emissions Inventory and 15 percent plan because they are consistent
with the CAA and EPA requirements. Final approval is also being granted
to the regulations discussed in the previous section of this document.
Also included in this submittal were revisions to Regulation 1.02
Definitions; Regulation 1.04 Performance Tests; Regulation 1.06 Source
Self Monitoring and Reporting; Regulation 1.07 Emissions During
Shutdowns, Malfunctions, and Emergencies; Regulation 1.08
Administrative Procedures; Regulation 2.02 Air Pollution Regulation;
Regulation 2.03 Permit Requirements--Non-Title V Operating Permits and
Construction/Demolition Permits; Regulation 2.07 Public Notification;
Regulation 2.08 Emission Fees, Permit Fees, and Permit Renewal
Procedures; Regulation 5.14 Hazardous Air Pollutants; and Regulation
6.42 VOC and NOx RACT. Action on these regulations will be taken in a
separate notice.
Nothing in this action should be construed as making any
determination or expressing any position regarding Kentucky's audit
privilege and penalty immunity law, Kentucky--``KRS 224.01-040'', or
its impact upon any approved provision in the SIP, including the
revision at issue here. The action taken herein does not express or
imply any viewpoint on the question of whether there are legal
deficiencies in this or any other Clean Air Act program resulting from
the effect of Kentucky's audit privilege and immunity law. A state
audit privilege and immunity law can affect only state enforcement and
cannot have any impact on federal enforcement authorities. EPA may at
any time invoke its authority under the Clean Air Act, including, for
example, sections 113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state plan, independently of any
state enforcement effort. In addition, citizen enforcement under
section 304 of the Clean Air Act is likewise unaffected by a state
audit privilege or immunity law.
I. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities.
C. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not
[[Page 49408]]
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
D. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. 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
annual costs to State, local, or tribal governments in the aggregate;
or to 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 approval action promulgated does not
include a Federal mandate that may result in estimated annual 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 12, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: August 20, 1999.
Michael V. Peyton,
Acting Regional Administrator, Region 4.
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 et seq.
Subpart S--Kentucky
2. Section 52.939, is amended by adding paragraph (c)(94) to read
as follows:
Sec. 52.939 Original identification of plan section.
* * * * *
(c) * * *
(94) Approval of the Louisville 15 percent plan and supporting
regulations including the 1990 Base Year Emissions Inventory submitted
by Kentucky on November 12, 1993, and amended on April 5, 1994, and
June 30, 1997.
(i) Incorporation by reference.
[[Page 49409]]
Regulation 6.43 Volatile Organic Compound Emission Reduction
Requirements, amended May 21, 1997.
Regulation 1.18 Rule Effectiveness, adopted September 21, 1994.
Regulation 2.12 Emissions Trading (Including Banking and Bubble Rules),
sections 1-7, amended December 18, 1996.
Regulation 1.16 Standards for Volatile Organic Compound Content of
Architectural and Industrial Maintenance Coatings, adopted February 2,
1994.
Regulation 6.40 Standards of Performance for Gasoline Transfer to
Motor Vehicles (Stage II Vapor Recovery and Control), amended August 9,
1993.
Regulation 6.44 Standards of Performance for Existing Commercial Motor
Vehicles and Mobile Equipment Refinishing Operations, adopted February
2, 1994.
Regulation 7.79 Standards of Performance for New Commercial Motor
Vehicle and Mobile Equipment Refinishing Operations, adopted February
2, 1994.
Regulation 6.45 Standards of Performance for Existing Solid Waste
Landfills, adopted February 2, 1994.
Regulation 8.03 Commuter Vehicle Testing Requirements, amended
September 15, 1993.
(ii) Other material. None.
* * * * *
[FR Doc. 99-23579 Filed 9-10-99; 8:45 am]
BILLING CODE 6560-50-P
