[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15262]


[[Page Unknown]]

[Federal Register: June 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[KY-066-1-5698; KY-071-1-6129; KY-070-1-6193; FRL-4882-5]

 

Approval and Promulgation of Implementation Plans Kentucky: 
Approval of Revisions to the Kentucky State Implementation Plan 
Regulating Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On October 20, 1992, February 17, 1993, and March 4, 1993, the 
Commonwealth of Kentucky, and Jefferson County, Kentucky, respectively, 
through the Natural Resources and Environmental Protection Cabinet, 
submitted revisions to the Kentucky State Implementation Plan (SIP). 
EPA is approving or conditionally approving these submittals of 
revisions relating to the control of Volatile Organic Compounds (VOCs). 
The October 20, 1992 and February 17, 1993, submittals corrected, or 
committed to correct, all of Kentucky's deficiencies between EPA's 
requirements and the Commonwealth's SIP. The February 17, 1993, 
submittal also contained regulations for the purpose of implementing 
permitting revisions for new VOC sources within the Commonwealth of 
Kentucky's ozone nonattainment areas.

DATES: This final rule will be effective August 22, 1994 unless notice 
is received by July 25, 1994 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: Comments on these submittals may be mailed to Doug Deakin at 
the EPA Region IV address listed below. Copies of the material 
submitted by the Commonwealth of Kentucky may be examined during normal 
business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, 
DC 20460.

Region IV Air Programs Branch, Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365;

Division for Air Quality, Department for Environmental Protection, 
Natural Resources and Environmental Protection Cabinet, 316 St. 
Clair Mall, Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT: Scott Southwick or Doug Deakin of the 
EPA Region IV Air Programs Branch at (404) 347-2864 or at the Region 
IV's address.

SUPPLEMENTARY INFORMATION: On March 3, 1978 (43 FR 8962), EPA 
designated Jefferson County; Boyd County; and Boone, Kenton, and 
Campbell Counties (the Kentucky portion of the Cincinnati Area, 
Northern Kentucky) as nonattainment areas for ozone. The Commonwealth 
of Kentucky was subsequently required to revise its ozone SIP for these 
areas. The Commonwealth officially submitted Appendix N--the Jefferson 
County portion of the Kentucky SIP, and the Kentucky SIP, to the EPA on 
June 6, 1979. On January 25, 1980, the EPA announced final approval of 
Appendix N and the Kentucky ozone SIP.
    The approved control strategy did not result in attainment of the 
National Ambient Air Quality Standard (NAAQS) for ozone by December 31, 
1987, and EPA called upon the Commonwealth to revise the SIP. All of 
the deficiencies that were required to be corrected were identified in 
the two November 9, 1987, letters from Winston A. Smith, Director of 
Air, Pesticides & Toxics Management Division, to: (1) Roger McCann, 
Director, Division of Air Quality, Commonwealth of Kentucky's Natural 
Resources and Environmental Protection Cabinet; and (2) and Robert T. 
Offutt, Secretary-Treasurer, Jefferson County Air Pollution Control 
District. Subsequently, the SIP call letter for ozone from Greer C. 
Tidwell, the EPA Regional Administrator, to Governor Wallace G. 
Wilkinson on May 26, 1988, required the Commonwealth to correct these 
deficiencies. This letter, pursuant to section 110(a)(2)(H) of the 1977 
Clean Air Act, notified Kentucky that the SIP was substantially 
inadequate to achieve the NAAQS for ozone in Northern Kentucky, 
Jefferson County, and Boyd County and called upon the Commonwealth to 
revise the SIP.
    The Clean Air Act was amended on November 15, 1990, Public Law 101-
549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended 
section 182(a)(2)(A), Congress statutorily adopted the requirement that 
ozone nonattainment areas fix their deficient Reasonably Available 
Control Technology (RACT) rules for ozone. Areas designated 
nonattainment before amendment of the CAA and which retained that 
designation and were classified as marginal or above as of enactment 
are required to meet the RACT Fix-ups requirement. Under section 
182(a)(2)(A), those areas were required by May 15, 1991, to correct 
RACT regulations as required under pre-amendment guidance.1 The 
SIP call letters interpreted that guidance and indicated corrections 
necessary for specific nonattainment areas. The Jefferson County, Boyd 
County, and Northern Kentucky nonattainment areas, classified as 
moderate,2 were pre-enactment nonattainment areas. Therefore, 
these areas are subject to the RACT fix-up requirement and the May 15, 
1991, deadline.
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    \1\Among other things, the pre-amendment guidance consists of 
the VOC RACT portions of the Post-87 policy, 52 FR 45044 (Nov. 24, 
1987); the Bluebook, ``Issues Relating to VOC Regulation Cutpoints, 
Deficiencies and Deviations, Clarification to Appendix D of November 
24, 1987 Federal Register Notice'' (of which notice of availability 
was published in the Federal Register on May 25, 1988); and the 
existing Control Technology Guidelines (CTGs).
    \2\Jefferson County, Boyd County, and Northern Kentucky retained 
their designation of nonattainment and were classified by operation 
of law pursuant to sections 107(d) and 181(a) upon enactment of the 
Amendments. 56 FR 56694 (November 6, 1991).
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    Kentucky failed to meet the May 15, 1991, date and EPA notified the 
Commonwealth on June 25, 1991, that a finding of failure to submit had 
been made. This finding of failure to submit was published on October 
22, 1991 (56 FR 54554), triggering the: (1) 18-month time clock for 
mandatory application of sanctions under section 179(a) and (2) the 2-
year time clock for promulgation of a Federal Implementation Plan (FIP) 
VOC regulations for these areas as required by section 110(c)(1).
    The 18-month period prior to application of mandatory sanctions 
ended on April 22, 1993. Kentucky and Jefferson County, Kentucky 
submitted SIP revisions through the Natural Resources and Environmental 
Protection Cabinet to EPA on February 12, 1992, October 20, 1992, 
February 17, 1993 and March 4, 1993--prior to the April 22, 1993 
deadline. Because the revisions addressed all RACT Fix-up deficiencies 
and were found to contain all required administrative and technical 
components, the 18-month time clock for mandatory application of 
sanctions under section 179(a) was stopped. However, the Federal 
Implementation Plan (FIP) clock continued to run. EPA's final approval 
action relieves EPA of the FIP obligation for those portions of the 
submittal that are being fully approved. EPA is approving the following 
revisions except where it is specifically noted that the revision is 
being conditionally approved.
    The air quality planning and SIP requirements for ozone 
nonattainment and transport areas are set out in subparts I and II of 
part D of title I of the CAA. Section 182 of the CAA sets out a 
graduated control program for ozone nonattainment areas. Following is a 
summary of the applicable revisions addressing these requirements.
    Action was taken on the SIP revisions submitted on February 12, 
1992, in 58 FR 54516. This notice approves the SIP revisions contained 
in the October 20, 1992, February 17, 1993 and March 4, 1993, 
submittals.

Jefferson County, KY

Regulation 1.05. Compliance With Emission Standards and Maintenance 
Requirements

    Section 3.4.2 was amended, clarifying that a source must notify the 
district in writing when changes are made to capture or control 
equipment.
    Section 4.0 was added and specifies which sources are applicable 
and details how sources are required to maintain daily records that 
demonstrate compliance with the VOC emission standards defined in 
Regulations 6 and 7.

Regulation 1.06. Source Self-Monitoring and Reporting

    Section 1.0 was amended to state that in selected instances 
involving the incineration of hazardous infectious wastes where 
repeated or on-going violations occur, Jefferson County may require the 
use of data storage, transmission equipment, and transmission lines to 
be used in emission monitoring. This section was also amended to state 
that Jefferson County may require more specific requirements for 
individual facilities than regulations applicable to such facility. The 
final revision to this section was a minor change to clarify the 
regulation.
    Section 3 was amended to specify in greater detail the requirements 
for reporting emissions data.

Regulation 6.17. Standard of Performance for Existing Automobile and 
Truck Surface Coating Operations

    Section 1.0 was amended to revise the applicability of the 
regulation to all trucks in lieu of only light duty trucks. All 
references in this regulation to ``light duty trucks'' have been 
revised to ``trucks.''
    Definition 2.14 ``Light-duty truck'' was deleted.
    Definition 2.22 was added to define ``Truck.'' Truck is defined as, 
``a vehicle, regardless of size or weight, designed primarily for 
transportation of payloads or property consisting of, but not limited 
to, thirteen or more passengers, cargo, recreational or commercial 
equipment.''

Regulation 6.36. Standard of Performance for Existing Metal Parts and 
Products Surface Coating Operations at Heavy Duty Truck Manufacturing 
Plants

    This regulation is repealed. Sources previously subject to this 
regulation are now subject to Regulation 6.17 Standard of Performance 
for Existing Automobile and Truck Surface Coating Operations.

The Commonwealth of Kentucky

391-3-1-.03--New Source Permits
    The CAA requires all classified nonattainment areas to meet several 
requirements regarding new source review (NSR) provisions to ensure 
that increased emissions of volatile organic compounds will not result 
from any new or major source modifications. These requirements include 
a rule for modifications of major sources (i.e., those emitting 100 
tons or more) and a general offset rule. The Kentucky Natural Resources 
and Environmental Protection Cabinet submitted a revised NSR permitting 
rule on February 17, 1993, to incorporate new VOC and NOX ozone 
nonattainment area permit review requirements for new and modified 
sources in Kentucky's nonattainment areas. The revised permit 
requirements meet new offset ratios and additional provisions for 
moderate ozone nonattainment areas pursuant to section 182(b) of the 
CAA.

Recodification

    Throughout the following regulations submitted for amendment by the 
Commonwealth of Kentucky, minor revisions were made which clarified the 
meaning or recodified the regulation. However, the intent and the 
applicability of the regulations remains the same. These minor 
revisions will not be detailed below.
    The order of Section 1 Applicability and Section 2 Definitions was 
changed to Section 1 Definitions and Section 2 Applicability. This 
change was made in the following regulations:

Regulation 401 KAR 51:017. Prevention of significant deterioration of 
air quality;
Regulation 401 KAR 51:052. Review of New Sources in or impacting on 
nonattainment areas;
Regulation 401 KAR 59:175. New service stations;
Regulation 401 KAR 59:185. New solvent metal cleaning equipment;
Regulation 401 KAR 59:190. New insulation of magnet wire operations;
Regulation 401 KAR 59:210. New fabric, vinyl and paper surface coating 
operations;
Regulation 401 KAR 59:212. New graphic arts facilities using 
rotogravure and flexography;
Regulation 401 KAR 59:214. New factory surface coating operations of 
flat wood paneling;
Regulation 401 KAR 59:225. New miscellaneous metal parts and products 
surface coating operations;
Regulation 401 KAR 59:230. New synthesized pharmaceutical product 
manufacturing operations;
Regulation 401 KAR 59:240. New perchloroethylene dry cleaning systems;
Regulation 401 KAR 61:050. Existing storage vessels for petroleum 
liquids;
Regulation 401 KAR 61:085. Existing service stations;
Regulation 401 KAR 61:090. Existing automobile and light-duty truck 
surface coating operations;
Regulation 401 KAR 61:095. Existing solvent metal cleaning equipment;
Regulation 401 KAR 61:100. Existing insulation of magnet wire 
operations;
Regulation 401 KAR 61:105. Existing metal furniture surface coating 
operations;
Regulation 401 KAR 61:110. Existing large appliance surface coating 
operations;
Regulation 401 KAR 61:120. Existing fabric, vinyl and paper surface 
coating operations;
Regulation 401 KAR 61:124. Existing factory surface coating operations 
of flat wood paneling;
Regulation 401 KAR 61:125. Existing can surface coating operations;
Regulation 401 KAR 61:130. Existing coil surface coating operations;
Regulation 401 KAR 61:132. Existing miscellaneous metal parts and 
products surface coating operations;
Regulation 401 KAR 61:137. Leaks from existing petroleum refinery 
equipment;
Regulation 401 KAR 61:150. Existing synthesized pharmaceutical product 
manufacturing operations;
Regulation 401 KAR 61:155. Existing pneumatic rubber tire manufacturing 
plants;
Regulation 401 KAR 61:160. Existing perchloroethylene dry cleaning 
systems;
Regulation 401 KAR 61:175. Leaks from existing synthetic organic 
chemical and polymer manufacturing equipment;
Regulation 401 KAR 63:025. Asphalt paving operations;
Regulation 401 KAR 63:031. Leaks from gasoline tank trucks.

Definitions

    The definition of ``Classification date'' was amended to state 
``June 29, 1979,'' in lieu of ``the effective date of this regulation'' 
in the following regulations:

Regulation 401 KAR 59:190,
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:125, and
Regulation 401 KAR 61:130.

    The definition of ``Classification date'' was amended to state 
``February 4, 1981,'' in lieu of ``the effective date of this 
regulation'' in the following regulations:

Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230,
Regulation 401 KAR 59:240,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:132,
Regulation 401 KAR 61:137,
Regulation 401 KAR 61:150,
Regulation 401 KAR 61:155, and
Regulation 401 KAR 61:160.

    The definition of ``Process storage'' was amended. ``* * * storage 
tanks. . .'' was revised to ``* * * storage tanks of petroleum liquids 
* * *'' and 401 KAR 59:052 was added to the list of regulations this 
definition references in the following regulations:

Regulation 401 KAR 59:190,
Regulation 401 KAR 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130, and
Regulation 401 KAR 61:132.

    The definition of ``Volatile organic compounds'' was deleted from 
the following regulations (which now reference the general definition):

Regulation 401 KAR 59:185,
Regulation 401 KAR 59:190,
Regulation 401 KAR 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230,
Regulation 401 KAR 59:240,
Regulation 401 KAR 61:050,
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:095,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130,
Regulation 401 KAR 61:132,
Regulation 401 KAR 61:137,
Regulation 401 KAR 61:150,
Regulation 401 KAR 61:155,
Regulation 401 KAR 61:160,
Regulation 401 KAR 61:175, and
Regulation 401 KAR 63:025.

Applicability

    The Applicability section was amended to meet EPA requirements. 
These regulations are now applicable to a facility commenced on or 
after June 29, 1979, and located in moderate or above nonattainment 
area or a facility commenced on or after the effective date of this 
regulation and is a portion of a major source located in an attainment 
area or marginal nonattainment area. A facility commenced on or after 
June 29, 1979, but prior to the effective date of this regulation, and 
is a portion of a major source located in an attainment area or 
marginal nonattainment area shall be exempt from this regulation except 
that control devices and procedures required at the time it commenced 
shall continue to remain. This amendment is found in the following 
regulations:

Regulation 401 KAR 59:185,
Regulation 401 KAR 59:190, and
Regulation 401 KAR 59:210.

    The following regulations have the same revisions as above except 
the date February 4, 1981 should be used in lieu of June 29, 1979. Also 
the following regulations were amended to eliminate the following 
language, ``The provisions of this regulation shall not apply to 
affected facilities in the following counties: Garrard, Graves, 
Hopkins, Laurel, Montgomery, Nelson, Pulaski, Scott, Taylor, Trigg, and 
Union prior to designation of such counties non attainment for ozone 
under 401 KAR 51:010:''

Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230, and
Regulation 401 KAR 59:240.

    The Applicability was amended to state that this regulation shall 
apply to each affected facility commenced before June 29, 1979, which 
is located in a county or a portion of county which is designated ozone 
nonattainment for any nonattainment classification except marginal 
under 50:010. The following regulations were revised:

Regulation 401 KAR 61:090,
Regulation 401 KAR 61:095,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130,
Regulation 401 KAR 61:132,
Regulation 401 KAR 61:137,
Regulation 401 KAR 61:155, and
Regulation 401 KAR 61:160.

    The Applicability was amended to state that this regulation shall 
apply to each affected facility commenced on or before June 6, 1979, 
which is located in a county or a portion of county which is designated 
ozone nonattainment for any nonattainment classification except 
marginal under 50:010. The following regulations were revised:

Regulation 401 KAR 59:175, and
Regulation 401 KAR 61:085.

Compliance

    The Compliance Section, subsection (2) was amended to state that 
capture efficiency shall be determined by procedures specified in 401 
KAR 50:047 in all ozone nonattainment areas except marginal. Subsection 
(4) was amended to add that EPA Reference Method 24 has been 
incorporated by reference and shall be used to determine compliance of 
the coatings. This subsection was also amended to state that case-by-
case alternatives approved by the cabinet, but not previously 
authorized by the EPA must be submitted to the EPA as a SIP revision. 
Additionally, this subsection was amended to delete four (4) methods 
which determined compliance of coatings. Subsections (5)--(8) were 
added to detail rules for compliance. This amendment is found in the 
following regulations:

Regulation 401 KAR 59:190,
Regulation 401 KAR 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214, and
Regulation 401 KAR 59:225.

    The following regulations have the same amendments as detailed 
above except that subsection (2) was amended to state that ``capture 
efficiency shall be determined by procedures specified in 401 KAR 
50:047'' in lieu of ``capture efficiency shall be determined by 
procedures specified in 401 KAR 50:047 in all ozone nonattainment areas 
except marginal:''

Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130, and
Regulation 401 KAR 61:132.

    A compliance timetable section was added and states that affected 
facilities which were subject to this regulation as in effect on June 
29, 1979, shall have achieved final compliance upon start-up. 
Facilities that become subject to this regulation for any reason other 
than construction, modification, or reconstruction have a detailed 
timetable to plan, contract, construct and implement pollution control 
equipment. An affected facility subject to this regulation because it 
is located in a county previously designated non-urban nonattainment or 
redesignated in 401 KAR 51:010 after November 15, 1990, final 
compliance may be extended to May 31, 1995. This amendment is found in 
the following regulations:

Regulation 401 KAR 59:185,
Regulation 401 KAR 59:190, and
Regulation 401 KAR 59:210.

    The following regulations have the same amendments as above except 
the date is February 4, 1981, in lieu of June 29, 1979:

Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230, and
Regulation 401 KAR 59:240.

    The following regulations have the same amendments as above except 
the date is December 3, 1980, in lieu of June 29, 1979, and the date 
February 8, 1994 in lieu of May 31, 1995:

Regulation 401 KAR 59:175, and
Regulation 401 KAR 61:085.

    The Compliance Section, section (7) was amended to include 
effective date and final compliance date. Subsection (2) was amended 
and details a timetable for facilities that become subject to these 
regulations on or after the effective date of this regulation to plan, 
contract, construct and implement pollution control equipment. The 
following regulations were revised:

Regulation 401 KAR 61:095,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:125, and
Regulation 401 KAR 61:130.

Exemptions

    The Exemptions Section was amended to state, ``. . . if the VOC 
content of the coating is less than . . . excluding water or exempt 
solvent or both, delivered . . .'' in lieu of ``. . . if the VOC 
content of the coating is less than . . . excluding water delivered . . 
. .'' Activity level criteria were added to this section which, if met, 
would exempt a facility from the provisions of the regulation. Finally, 
the final compliance date which has passed was deleted from this 
section in Chapter 59 regulations. The following regulations have been 
amended:

Regulation 401 KAR 59:190,
Regulation KAR 401 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 61:100,
Regulation 401 KAR 61:105,
Regulation 401 KAR 61:110,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:125,
Regulation 401 KAR 61:130, and
Regulation 401 KAR 61:132.

    The Exemption Section was amended to reflect a monthly throughput 
level of 10,000 gallons in lieu of an annual throughput of 120,000 
gallons in the following regulations:

Regulation 401 KAR 59:175, and
Regulation 401 KAR 61:085.

Variances

    The Variance Section in the following regulations was deleted:

Regulation KAR 401 59:210,
Regulation 401 KAR 59:212,
Regulation 401 KAR 59:214,
Regulation 401 KAR 59:225,
Regulation 401 KAR 59:230,
Regulation 401 KAR 61:090,
Regulation 401 KAR 61:120,
Regulation 401 KAR 61:124,
Regulation 401 KAR 61:132,
Regulation 401 KAR 61:150, and
Regulation 401 KAR 61:155.

Regulation 401 KAR 50:010. Definitions and Abbreviations of Terms Used 
in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65

    Section 1 was revised to state that the definitions not defined in 
this regulation have the meaning given to them in KRS224.01-010 in lieu 
of 224.005.
    Definitions (2), (4), (10), and (16) were revised to reference KRS 
224.01-010 in lieu of KRS 224.005.
    Definitions (21), (30), (31), (48), and (49) were added to define 
the five (5) classifications of nonattainment--marginal, moderate, 
serious, severe, and extreme.
    Definition (61) ``Volatile organic compound'' was amended to add 
additional compounds to be exempt from the definition because they do 
not participate in atmospheric photochemical reactions. This definition 
was revised to be consistent with EPA's definition (36 FR 11418), with 
the exception that will be described below.
    Section 3. Definitions for (1) ``Capture'', (2) ``Capture system,'' 
(3) ``Capture efficiency,'' (4) ``Control device,'' (5) ``Control 
system,'' (6) ``Destruction of removal system,'' (7) ``Gas-gas 
method,'' (8) ``Hood,'' (9) ``Liquid-gas method,'' (10) ``Overall 
emission reduction efficiency'' were added.

Regulation 401 KAR 50:012. General Application

    Subsection 1(4) was added to state ``Except as provided by 401 KAR 
50:055, nothing in these regulations shall allow a source to remove 
control equipment or discontinue procedures previously required in a 
nonattainment area to achieve the national ambient air quality 
standards until a SIP containing different requirements has been 
approved by the U.S. EPA.''

Regulation 401 KAR 50:047. Test Procedures for Capture Efficiency

    This regulation was added to define procedures for determining 
capture efficiency.
    Section 1 defines (1) ``Capture,'' (2) ``Capture system,'' (3) 
``Capture efficiency,'' (4) ``Capture efficiency protocol,'' (5) 
``Control device,'' (6) ``Control system,'' and (7) ``Hood.''
    Section 2 states ``This regulation shall apply to all regulated VOC 
emitting processes employing a control system which are located in an 
ozone nonattainment area except marginal.''
    Section 3 defines the procedure for an affected facility to submit 
and Kentucky to approve a proposed capture efficiency protocol.

Regulation 401 KAR 50:010. Definitions and Abbreviations of Terms Used 
in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65. 
Regulation 401 KAR 51:001. Definitions and Abbreviations of Terms Used 
in Title 401, Chapter 51. Regulation 401 KAR 59:001. Definitions and 
Abbreviations of Terms Used in Title 401, Chapter 59. Regulation 401 
KAR 61:001. Definitions and Abbreviations of Terms Used in Title 401, 
Chapter 61. Regulation 401 KAR 63:001. Definitions and Abbreviations of 
Terms Used in Title 401, Chapter 63

    Regulations 51:001, 59:001, 61:001 and 63:001 were added to define 
terms and abbreviations for chapters 51, 59, 61 and 63, respectively.
    These regulations are, at present, still deficient in their 
definition of VOCs. Currently, these definitions state ``For the 
purposes of determining compliance with emission limits, VOCs shall be 
measured by test methods that have been approved by the cabinet.'' 
These regulations must state that alternative test methods shall have 
prior approval from the EPA. In a letter dated March 25, 1994, the 
Commonwealth committed to correct these deficiencies for the VOC 
definitions by March 15, 1995. The EPA is conditionally approving this 
portion of the SIP submittals, dependant upon the Commonwealth's 
correction of the deficiencies by March 15, 1995.

Regulation 401 KAR 51:010. Attainment Status Redesignations

    Sections 1, 2 and 3 were amended to reference section 4, section 5, 
section 6, section 7, or section 8 in lieu of Appendix A, Appendix B, 
Appendix C, Appendix D, or Appendix E respectively.
    Section 2(2) was amended to reference ``Section 107(d)(1) of 42 
U.S.C. 7407 et seq'' in lieu of ``Section 107(d)(1) of the Clean Air 
Act.''
    Sections previously titled ``Appendix A,'' ``Appendix B,'' 
``Appendix C,'' ``Appendix D'' and ``Appendix E'' were amended to be 
titled ``Section 4,'' ``Section 5,'' ``Section 6,'' ``Section 7'' and 
``Section 8'' respectively.

Regulation 401 KAR 51:017. Prevention of Significant Deterioration of 
Air Quality

    Definitions (1), (2), (5), (7), (12), (14), (15), and (23), were 
amended to more specifically reference ``the Clean Air Act, 42 U.S.C. 
7401.''
    Definition 1, subsection (3)(c) was added to state that fugitive 
emissions shall not be counted unless the source belongs to one of the 
twenty-seven (27) categories listed in this subsection.
    Definition (3) ``Net emission increase,'' was amended to include 
the following underlined words, ``An increase or decrease in actual 
emissions of sulfur dioxide, particulate matter, or nitrogen oxides 
which occurs before the applicable minor source baseline date is 
creditable only if it shall be considered in calculating the amount of 
maximum allowable increases remaining available.'' Also, the definition 
was changed from ``* * * creditable only if it is required to be 
considered * * *'' to ``* * * creditable only if it shall be considered 
* * *''
    Definition (6) ``Building, structure, facility, or installation'' 
was revised to incorporate by reference the Standard Industrial 
Classification Manual, 1987.
    Definitions (13) ``Baseline concentration'' and (15) ``Baseline 
area'' were amended and (14) ``Major source baseline date'' was added. 
The definitions define baseline concentrations in terms of minor source 
and major source baseline concentrations.
    Definition (17) ``Federally enforceable'' was amended to add ``40 
CFR Part 51, including operating permits issued under an EPA-approved 
program incorporated into the State Implementation Plan,'' as federally 
enforceable limitations and conditions.
    Definition (21) ``Actual emissions'' was amended to state that 
actual emissions shall be those emitted during the two (2) year period 
which proceeds a date in lieu of a two year period prior to a date. The 
definition was amended to state that the cabinet ``may allow'' the use 
of a different time period in lieu of ``shall allow'' the use of 
different time period.
    Definition (23) ``Significant'' was amended to reference pollutants 
listed in ``Section 22'' of this regulation which was previously 
``Appendix A.''
    Definition (28) ``State Implementation Plan'' was deleted.
    Section 3 was amended to state that increases in pollutant 
concentrations will be limited to levels specified in ``Section 23'' 
which was previously ``Appendix B.''
    Subsection 5(1) was amended to add ``which were in existence on 
August 7, 1977,'' to the definition of Class 1 areas.
    Subsection 5(4) was added to define areas that may only be 
redesignated as Class I or II areas.
    Subsection 6(1)(d) was amended to include nitrogen oxides to the 
list of pollutants whose temporary concentrations may be excluded from 
determining compliance with a maximum allowable increase. The 
subsection was also amended to state that subsection (4) of this 
section contains the criteria that must be met for a temporary 
exclusion.
    Subsection 6(3) was amended to reference ``40 CFR 51.166'' in lieu 
of ``40 CFR 51.24.''
    Subsection 6(4) was amended to add the language, ``For the purposes 
of excluding concentrations pursuant to subsection (1)(d) of this 
section * * *,'' to state what can be excluded if the listed criteria 
are met. The subsection was also amended to add nitrogen oxides to the 
list of pollutants for the purposes of excluding temporary 
concentrations.
    Section 8(8) was amended to reference ``Section 24'' of this 
regulation which was ``Appendix C'' to this regulation.
    Section 8(9)(b) was amended to add ``40 CFR 52.21'' to the criteria 
which determine which sources are applicable to section 12 of this 
regulation.
    Section 11 was amended to reference ``401 KAR 50:040'' in lieu of 
``401 KAR 50:015.''
    Section 12(1)(d) was amended to state, ``* * * except that, if the 
cabinet determines that the monitoring data gathered over a period 
shorter than one (1) year (but not to be less than four (4) months) 
will be obtained during a time period when maximum air quality levels 
can be expected,* * *'' in lieu of ``except that, if the applicant 
demonstrates through historical data or dispersion models that the 
monitoring data gathered over a period shorter than one (1) year (but 
not to be less than four (4) months) will be obtained during a time 
period when maximum air quality levels can be expected,* * *''
    Section 12(3) references 401 KAR 50:015. This section was amended 
to reflect that 401 KAR 50:015 has been incorporated into the SIP.
    Section 15(8) was amended to reference ``Section 26'' which was 
previously ``Appendix E.''
    Section 18 was amended to more specifically reference ``the 
National Environmental Policy Act, 42 U.S.C. 4321.''
    Section 19(2)(e) was added as a criteria for determining if a 
source may employ innovative control technology. This criteria states 
that section 15 of this regulation relating to Class I areas must be 
satisfied for all periods during the life of the source or 
modification.
    Section 21 was added to incorporate by reference the 1987 Standard 
Industrial Classification Manual.
    Sections previously titled ``Appendix A,'' ``Appendix B,'' 
``Appendix C,'' ``Appendix D'' and ``Appendix E'' were amended to be 
titled ``Section 22,'' ``Section 23,'' ``Section 24,'' ``Section 25'' 
and ``Section 26'' respectively.

Regulation 51:052. Review of New Sources in or Impacting on 
Nonattainment Areas

    Section 1, Definitions, was amended to reference 401 KAR 51:001 in 
lieu of 401 KAR 50:010.
    Section 1: Definitions (7), (13), (14), (23) and (24), section 2, 
and section 3(2) were amended to reference ``42 U.S.C. 7401 et seq.'' 
in lieu of ``the Clean Air Act.''
    Definition (13), ``Major Modification,'' was amended to reference 
``40 CFR 51.165'' in lieu of ``40 CFR 51.18.''
    Definition (14), ``Major stationary source,'' was amended to 
determine the definition of a major stationary source dependant on the 
attainment or level of nonattainment of the area which contains the 
source.

Regulation 59:175. New Service Stations. Regulation 61:085 Existing 
Service Stations

    Definition (7) ``Interlocking system'' was eliminated.
    Section 3(c) removed all references to interlocking systems.

Regulation 401 KAR 59:225. New Miscellaneous Metal Parts and Products 
Surface Coating Operations. Regulation 401 KAR 61:132. Existing 
Miscellaneous Metal Parts and Products Surface Coating Operations

    Definition (15) ``Glass primer'' was added to both regulations and 
means a primer applied to the body of a vehicle to etch the topcoat for 
the purpose of ensuring a positive bond with the adhesive used to 
secure the windshield and back glass to the vehicle in a manner 
consistent with federal safety regulations.
    In KAR 61:132, section 5 Compliance Timetable was amended to state, 
``Affected facilities which were subject to this regulation as in 
effect on February 4, 1981, shall have achieved final compliance by 
December 31, 1982.'' Subsection (2) was amended and details a timetable 
for facilities that become subject to this regulation on or after the 
effective date of this regulation to plan, contract, construct and 
implement pollution control equipment.
    In KAR 52:225, Section 6 Exemptions was amended to detail what 
conditions will enable an affected facility to be exempt from this 
regulation. Section 6(4) was added to exempt sources from this 
regulation that use less than fifty-five (55) gallons during the past 
twelve (12) months. Section 6(5) was added to exempt glass primer with 
a VOC content equal to or less than 6.9 lb/gal of glass primer, 
excluding water or exempt solvent or both.

Regulation 401 KAR 59:230. New Synthesized Pharmaceutical Product 
Manufacturing Operations. Regulation 401 KAR 61:150. Existing 
Synthesized Pharmaceutical Product Manufacturing Operations

    In KAR 59:230, section 6 was amended to add, ``If the cabinet 
requests it, the owner shall demonstrate to the cabinets satisfaction 
why repairs could not be completed within the initial fifteen day 
period.'' The section was also amended to add, ``Case-by-case 
alternatives approved by the cabinet, but not previously authorized by 
the EPA, shall be submitted to the EPA as a SIP revision.''
    In KAR 61:150, section 2 Applicability was amended to state that 
this regulation shall apply to each affected facility commenced before 
February 4, 1981, which is located in a county or a portion of county 
which is designated ozone nonattainment for any nonattainment 
classification except marginal under 50:010. The applicability section 
was amended to eliminate the language which states sections 3(4) and 
4(3) of this regulation shall not apply to affected facilities the 
following counties: Garrard, Graves, Hopkins, Laurel, Montgomery, 
Nelson, Pulaski, Scott, Taylor, Trigg, and Union.
    In KAR 61:150, section 3 Standard for VOCs, section 6 was amended 
to add, ``If the cabinet requests it, the owner shall demonstrate to 
the cabinets satisfaction why repairs could not be completed within the 
initial fifteen (15) day period.'' The section was also amended to add, 
``Case-by-case alternatives approved by the cabinet, but not previously 
authorized by the EPA, shall be submitted to the EPA as a SIP 
revision.''
    In KAR 61:150, section 4 Compliance Timetable was amended to state, 
``Affected facilities which were subject to this regulation as in 
effect on February 4, 1981, shall have achieved final compliance by 
December 31, 1982.'' Subsection (2) was amended and details a timetable 
for facilities that become subject to this regulation on or after the 
effective date of this regulation to plan, contract, construct and 
implement pollution control equipment.

Regulation 401 KAR 59:240. New Perchloroethylene Dry Cleaning Systems. 
Regulation 401 KAR 61:160. Existing Perchloroethylene Dry Cleaning 
Systems

    In KAR 59:240 and KAR 61:160, section 7 Variances was amended to 
add, ``Case-by-case alternatives approved by the cabinet, but not 
previously authorized by the EPA, shall be submitted to the EPA as a 
SIP revision.''
    In KAR 61:160, Section 2 Applicability was amended to eliminate the 
language which states sections 3(4) and 4(3) of this regulation shall 
not apply to affected facilities the following counties: Garrard, 
Graves, Hopkins, Laurel, Montgomery, Nelson, Pulaski, Scott, Taylor, 
Trigg, and Union.
    In KAR 61:160, section 4 Compliance, subsection (3) was amended to 
state that ASTM methods have been incorporated in 401 KAR 50:015 in 
lieu of filed by reference in 401 KAR 50:015.
    In KAR 61:160, section 5 Compliance Timetable was amended to state, 
``Affected facilities which were subject to this regulation as in 
effect on February 4, 1981, shall have achieved final compliance by 
December 31, 1982.'' Subsection (2) was amended and details a timetable 
for facilities that become subject to this regulation on or after the 
effective date of this regulation to plan, contract, construct and 
implement pollution control equipment.

Regulation 401 KAR 59:315. Specific New Sources

    This regulation is new and states the following.
    Regulations 61:055, 61:090, 61:105, 61:110, 61:125, 61:130, 61:137, 
61:155, and 61:175 shall apply to: (1) Each affected facility commenced 
on or after the classification date defined in section 1 of the 
corresponding regulation and located in a county or portion of a county 
designated as nonattainment for ozone in 51:010, for any classification 
except marginal and (2) each affected facility commenced on or after 
the effective date of this regulation which is part of a major source 
located in a county or portion of a county designated attainment or 
marginal nonattainment for ozone in 51:010. Each facility commenced on 
or after the classification date defined in section 1 of the 
corresponding regulation but prior to the effective date of this 
regulation which is part of a major source located in a county or 
portion of a county designated attainment or marginally nonattainment 
for ozone in 51:010 shall be exempt from this regulation except that 
control devices and procedures required at the time it commenced shall 
continue to be maintained. If a requirement of any other regulation of 
the Division for Air Quality is more stringent, then the more stringent 
requirement shall apply.

Regulation 401 KAR 61:050. Existing Storage Vessels for Petroleum 
Liquids

    Section 2 Applicability was amended to state, ``This regulation 
shall apply to each affected facility commenced before April 9, 1972, 
and is located in a county or portion of a county which is designated 
ozone nonattainment for any nonattainment classification except 
marginal under 50:010. This regulation shall not apply to storage 
vessels located on a farm and used exclusively for storing petroleum 
liquids by the farm.'' The applicability section was amended to 
eliminate the language, ``The provisions of Sections 3(4) and 4(3) of 
this regulation shall not apply to affected facilities the following 
counties: Garrard, Graves, Hopkins, Laurel, Montgomery, Nelson, 
Pulaski, Scott, Taylor, Trigg, and Union prior to designation of such 
counties nonattainment for ozone under 401 KAR 51:010.''
    Section 6 Compliance Timetable was added and details a timetable 
for facilities that become subject to this regulation on or after the 
effective date of this regulation to plan, contract, construct and 
implement pollution control equipment.

Regulation 401 KAR 61:090. Existing Automobile and Light-Duty Truck 
Surface Coating Operations

    Section 2 Applicability was amended to state that this regulation 
shall not apply to affected facilities which are subject to local air 
pollution control district regulations which have been approved by the 
cabinet and the EPA.
    Section 4 Compliance was amended to add, ``If applicable, 
compliance is determined by `Protocol for Determining the Daily 
Volatile Organic Compound Emission Rate of Automobile and Light-Duty 
Truck Topcoat Operations' which has been incorporated by reference in 
section 7 of this regulation.'' The section was amended to add, 
``Capture efficiency shall be determined by procedures specified in 
50:047.'' Additionally, this subsection was amended to eliminate four 
(4) methods which determined compliance of coatings.
    Section 5 Compliance Timetable was amended to add, ``Affected 
facilities which were subject to this regulation as in effect June 29, 
1979, shall have achieved final compliance by January 1, 1983, for 
prime coatings systems and final repair systems and by January 1, 1986 
for topcoat systems.'' Subsection (2) was amended and details a 
timetable for facilities that become subject to this regulation on or 
after the effective date of this regulation to plan, contract, 
construct and implement pollution control equipment. The old subsection 
(2) detailing a compliance timetable for topcoat systems was deleted.
    Section 6 Exemptions was amended to state ``excluding water or 
exempt solvents or both'' in lieu of ``excluding water.'' Subsection 
6(4) was added to state the following as an exemption, ``Low-use 
coatings shall be exempt from section 3 of this regulation if the plant 
wide consumption of these coatings in the aggregate is less than or 
equal to fifty-five (55) gallons during the previous twelve (12) 
months.''
    Section 7 was added to incorporate by reference, the ``Protocol for 
Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light Duty Truck Topcoat Operations.'' The section also 
details where the above document is available for public inspection and 
copying.

Regulation 401 KAR 61:124. Existing Factory Surface Coating Operations 
of Flat Wood Paneling

    Section 2, Applicability was amended to state that this regulation 
shall apply to each affected facility commenced before February 4, 
1981, which is located in a county or a portion of county which is 
designated ozone nonattainment for any nonattainment classification 
except marginal under 50:010. The applicability section was amended to 
eliminate the language which states sections 3(4) and 4(3) of this 
regulation shall not apply to affected facilities the following 
counties: Garrard, Graves, Hopkins, Laurel, Montgomery, Nelson, 
Pulaski, Scott, Taylor, Trigg, and Union prior to designation of such 
counties non-attainment for ozone under 401 KAR 51:010.
    Section 5, Compliance Timetable was amended to state, ``Affected 
facilities which were subject to this regulation as in effect on 
February 4, 1981, shall have achieved final compliance by December 31, 
1982.'' Subsection (2) was amended and details a timetable for 
facilities that become subject to this regulation on or after the 
effective date of this regulation to plan, contract, construct and 
implement pollution control equipment.

Regulation 401 KAR 61:137. Leaks From Existing Petroleum Refinery 
Equipment

    Section 2, Applicability was amended to eliminate the language 
which states sections 3(4) and 4(3) of this regulation shall not apply 
to affected facilities the following counties: Garrard, Graves, 
Hopkins, Laurel, Montgomery, Nelson, Pulaski, Scott, Taylor, Trigg, and 
Union.
    Section 4, Monitoring and Reporting Requirements, section (6) was 
amended to add, If the cabinet requests it, the owner shall demonstrate 
to the cabinets satisfaction why repairs could not be completed within 
the initial fifteen day period. The section was also amended to add, 
``Case-by-case alternatives approved by the cabinet, but not previously 
authorized by the EPA, shall be submitted to the EPA as a SIP 
revision.''
    Section 5, Test Methods and Procedures was amended to incorporate 
Method 21. Language stating that test methods are filed in Appendix B 
was deleted.
    Section 6, Compliance Timetable was amended to state, ``Affected 
facilities which were subject to this regulation as in effect on 
February 4, 1981, shall have achieved final compliance by December 31, 
1982.'' Subsection (2) was amended and details a timetable for 
facilities that become subject to this regulation on or after the 
effective date of this regulation to plan, contract, construct and 
implement pollution control equipment.
    Section 7, Modifications was amended to eliminate the following 
language, ``Variation with the standards and limitations contained in 
this regulation, when supported by adequate technical information will 
be considered by the cabinet on a case-by-case basis to allow for 
technological or economic circumstances which are unique to a source.''

Regulation 401 KAR 61:155. Existing Pneumatic Rubber Tire Manufacturing 
Plants

    Section 2, Applicability was amended to eliminate the language 
which states sections 3(4) and 4(3) of this regulation shall not apply 
to affected facilities the following counties: Garrard, Graves, 
Hopkins, Laurel, Montgomery, Nelson, Pulaski, Scott, Taylor, Trigg, and 
Union.
    Section 4, Compliance, subsection (2) was amended to state that 
capture efficiency shall be determined by procedures specified in 401 
KAR 50:047.
    Section 5, Compliance Timetable was amended to state, ``Affected 
facilities which were subject to this regulation as in effect on 
February 4, 1981, shall have achieved final compliance by December 31, 
1982.'' Subsection (2) was amended and details a timetable for 
facilities that become subject to this regulation on or after the 
effective date of this regulation to plan, contract, construct and 
implement pollution control equipment.

Regulation 61:175. Leaks From Existing Synthetic Organic Chemical and 
Polymer Manufacturing Equipment

    This regulation was amended to reference 401 KAR 59:305 in lieu of 
40 CFR 60, Sub-part VV.
    Definition (3) ``Synthetic organic chemical manufacturing plant'' 
was amended to eliminate the language, ``in 40 CFR 60, Sub-part VV, 
filed by reference.''
    Section 2, Applicability was amended to state that this regulation 
shall apply to each affected facility commenced before January 5, 1981, 
which is located in a county or a portion of county which is designated 
ozone nonattainment for any nonattainment classification except 
marginal under 50:010. The section was also amended to add, ``This 
regulation shall not apply to components within a petroleum refinery 
complex.'' Leaks from new and existing petroleum refinery equipment 
shall be regulated by 401 KAR 59:049 and 401 KAR 61:137, respectively.
    Section 4, Monitoring and Reporting Requirements, Subsection (4) 
was amended to add, ``If the cabinet requests it, the owner shall 
demonstrate to the cabinets satisfaction why repairs could not be 
completed within the initial fifteen (15) day period.'' The section was 
also amended to add, ``Case-by-case alternatives approved by the 
cabinet, but not previously authorized by the EPA, shall be submitted 
to the EPA as a SIP revision.''
    Section 6, Compliance Timetable was amended to state, ``Affected 
facilities which were subject to this regulation as in effect on 
December 2, 1986, shall have achieved final compliance by January 1, 
1988.'' Subsection (2) outlines a timetable for achieving compliance.
    The following language in section 8(3) was deleted, ``Variation 
with the standards and limitations contained in this regulation when 
supported by adequate technical information will be considered by the 
cabinet on a case-by-case basis to allow for technological or economic 
circumstances which are unique to a source.

Regulation 401 KAR 63:025. Asphalt Paving Operations

    Section 2, Applicability was amended to state, ``This regulation is 
applicable to all asphalt paving operations which are located in a 
county or portion of a county which is designated ozone nonattainment, 
for any nonattainment classification except marginal, under 401 KAR 
51:010.''
    Section 3, Standard for VOCs was amended to state, ``If this 
requirement becomes applicable because the county was previously 
designated non-urban nonattainment or redesignated in 401 KAR 51:010 
after November 15, 1990, compliance is extended to May 31, 1995.''

Regulation 63:031 Leaks From Gasoline Tank Trucks

    Section 1, Definitions, was amended to reference 401 KAR 63:001 in 
lieu of 401 KAR 50:010, 401 KAR 61:055, and 401 KAR 61:056.
    In Section 1, definitions for ``Bulk gasoline plant'' or ``bulk 
plant,'' ``Bulk gasoline terminal'' or ``bulk terminal,'' ``Gasoline,'' 
and ``Vapor collection system'' were added for clarification.
    In Section 1, the definition for ``Kentucky pressure vacuum test 
sticker'' was amended for clarification.
    Section 2, Applicability, was amended to include parts of counties 
that were in nonattainment areas, or those areas classified as greater 
than marginal nonattainment.
    Section 3, Standard for Volatile Organic Compounds, was amended to 
clarify the location of the sticker required by this regulation. 
Changes were also made to this section for clarification.
    Section 4, Compliance, was amended to reference Appendix B of 
``Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks 
and Vapor Collection Systems'' (OAQPS 1.2-199, U.S. EPA, Office of Air 
Quality Planning and Standards), in lieu of Appendix A. Other minor 
changes were made for clarification.
    Section 5, Sticker Application and Fee, was amended to recodify 
various minor changes for clarity.
    Section 5(4) was added to limit the time the cabinet has to advise 
the owner of an incomplete application to within fifteen (15) days. 
Additionally, the regulation was amended to require that the cabinet 
determine approvability of the application within thirty (30) days of 
receipt of a complete application.
    Section 5(5) was added to allow stickers which were issued under 
the previous version of this regulation to be valid for one year from 
the effective date of the sticker.
    Section 5(6) was added to specify the amount of time that a 
facility has to comply with this regulation if new areas should become 
classified as nonattainment.
    Section 5(7) was added to require gasoline tank trucks operated in 
the Commonwealth yet owned and complying with another state's program 
shall be required to obtain a sticker in accordance with section 5.
    Section 5(8) was originally section 5(3), and was renumbered for 
clarity.
    Section 6 was added to the regulation to describe the forms 
required to apply for certification, as well as the locations where 
they could be found.

Final Action

    EPA is today approving the above referenced revision to the 
Kentucky SIP, with the exception of proposed revisions to Rules 401 KAR 
50:010, 51:001, 59:001, 61:001 and 63:001 for which we are issuing a 
conditional approval. These revisions are consistent with EPA 
guidelines.
    The Commonwealth has committed to correct deficiencies in their 
definition of VOCs in Rules KAR 50:010, 51:001, 59:001, 61:001 and 
63:001. Currently, these definitions state ``For the purposes of 
determining compliance with emission limits, VOCs shall be measured by 
test methods that have been approved by the cabinet.'' These 
regulations must state that alternative test methods shall have prior 
approval from the EPA. In a letter dated March 25, 1994, the 
Commonwealth committed to correct these deficiencies for the VOC 
definitions by March 15, 1995. The EPA is conditionally approving this 
portion of the SIP submittals, dependant upon the Commonwealth's 
correction of the deficiencies by March 15, 1995.
    Because Kentucky has made a commitment that EPA believes meets the 
requirements necessary for EPA to grant conditional approval, EPA is 
conditionally approving these proposed revisions under section 
110(k)(4) of the CAA. In order for EPA to take final action on the 
commitment, the State must meet their commitment to adopt the 
identified provisions by March 15, 1995, and submit them to EPA within 
the time specified in this schedule. If the State fails to adopt or 
submit these rules to EPA within this time frame, this approval will 
become a disapproval on that date. EPA will notify the area by letter 
that this action has occurred. At that time, this commitment will no 
longer be a part of the approved Kentucky SIP. EPA subsequently will 
publish a notice in the notice section of the Federal Register. If 
Kentucky adopts and submits these rules to EPA within the applicable 
time frame, the conditionally approved submission will remain a part of 
the SIP until EPA takes final action approving or disapproving the new 
submittal. If EPA disapproves the new submittal, the conditionally 
approved submittal will also be removed from the SIP. Moreover, the 
rules on which the conditional approval was based will also be 
disapproved at that time. If EPA approves the submittal, those newly 
approved rules will become a part of the SIP and will modify or replace 
the commitment and the rules on which the conditional approval is 
based.
    If EPA determines that it cannot issue a final, conditional 
approval or if the conditional approval is converted to a disapproval, 
the sanctions clock under section 179(a) will begin. This clock will 
begin at the time EPA issues the final disapproval or on the date 
Kentucky fails to meet its commitment. In the latter case, EPA will 
notify the area by letter that the conditional approval has been 
converted to a disapproval and that the sanctions clock has begun. If 
the State does not submit and EPA does not approve the rule on which 
the disapproval was based within 18 months of the disapproval, EPA must 
impose one of the sanctions under section 179(b)--highway funding 
restrictions or the offset sanction. In addition, the final disapproval 
triggers the federal implementation plan (FIP) requirement under 
section 110(c).
    This action is being taken without prior proposal because the 
changes are noncontroversial and EPA anticipates no significant 
comments on them. The public should be advised this action will be 
effective on August 22, 1994. However, if notice is received within 30 
days that someone wishes to submit adverse or critical comments, this 
action will be withdrawn and two subsequent notices will be published. 
One notice will withdraw the final action and another will begin a new 
rulemaking by announcing a proposal of the action and establishing a 
comment period.
    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted, Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. In the amended Act, Congress codified the requirement that 
States with areas classified as marginal or above, revise their SIPs 
for these classified ozone nonattainment areas so that the SIPs conform 
with EPA's pre-amendment guidance.3
---------------------------------------------------------------------------

    \3\Among other things, the pre-amendment guidance consists of 
the Post-87 policy. 52 FR 45044 (Nov. 24, 1987 the Blue Book, 
``Issues Relating to VOC Regulations Cutpoints, Deficiencies, and 
Deviations, Clarification to Appendix D of November 24, 1987 Federal 
Register Notice'' and the existing CTGs.
---------------------------------------------------------------------------

    Section 182(a)(2)(A) does not impose new requirements on the 
subject nonattainment areas. Rather, section 182(a)(2)(A) codifies the 
corrections nonattainment areas needed to make subject to the EPA SIP 
call letters issued in 1987 and 1988. Because the Kentucky SIP 
submittal meets the SIP call and, therefore, is consistent with the 
applicable pre-amendment guidance, EPA believes that the submittal also 
necessarily meets the requirements of section 182(a)(2)(A) of the 
amended Act. Section 182(a)(2)(A) established a deadline of May 15, 
1991, for submittal of these RACT fix-ups.
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 22, 1994. 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 Act, 42 U.S.C. 7607(b)(2).)
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions 
(54 FR 2222) from the requirements of section 3 of Executive Order 
12291 for a period of two years. The EPA has submitted a request for a 
permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has 
agreed to continue the waiver until such time as it rules on EPA's 
request. The request continues in effect under Executive Order 12866 
which superseded Executive Order 12291 on September 30, 1993.
    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 less than 
50,000.
    SIP approvals and conditional 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, EPA certifies 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Incorporation by reference, Ozone, 
Reporting and record keeping requirements, Volatile organic compounds.

    Dated: April 13, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
    Part 52 of chapter I, title 40 of the 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)(69) to read 
as follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) * * *
    (69) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) concerning the Commonwealth and Jefferson County, Kentucky 
for Volatile Organic Compounds were submitted on October 20, 1992, 
February 17, 1993, and March 4, 1993 by the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Revisions to the following Jefferson County Regulations were 
effective November 18, 1992.
    (1) Regulation 1.05. Compliance with Emission Standards and 
Maintenance Requirements.
    (2) Regulation 1.06. Source Self-Monitoring and Reporting.
    (3) Regulation 6.17. Standard of Performance for Existing 
Automobile and Truck Surface Coating Operations.
    (4) Regulation 6.36. Standard of Performance for Existing Metal 
Parts and Products Surface Coating Operations at Heavy Duty Truck 
Manufacturing Plants.
    (B) Revisions to the following Commonwealth of Kentucky Regulations 
were effective June 24, 1992.
    (1) Regulation 401 KAR 50:010. Definitions and abbreviations of 
terms used in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 
65.
    (2) Regulation 401 KAR 50:012. General application.
    (3) Regulation 401 KAR 50:047. Test procedures for capture 
efficiency.
    (4) Regulation 401 KAR 51:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 51.
    (5) Regulation 401 KAR 59:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 59.
    (6) Regulation 401 KAR 59:185. New solvent metal cleaning 
equipment.
    (7) Regulation 401 KAR 59:190. New insulation of magnet wire 
operations.
    (8) Regulation 401 KAR 59:210. New fabric, vinyl and paper surface 
coating operations.
    (9) Regulation 401 KAR 59:212. New graphic arts facilities using 
rotogravure and flexography.
    (10) Regulation 401 KAR 59:214. New factory surface coating 
operations of flat wood paneling.
    (11) Regulation 401 KAR 59:225. New miscellaneous metal parts and 
products surface coating operations.
    (12) Regulation 401 KAR 59:230. New synthesized pharmaceutical 
product manufacturing operations.
    (13) Regulation 401 KAR 59:240. New perchloroethylene dry cleaning 
systems.
    (14) Regulation 401 KAR 61:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 61.
    (15) Regulation 401 KAR 61:050. Existing storage vessels for 
petroleum liquids.
    (16) Regulation 401 KAR 61:090. Existing automobile and light-duty 
truck surface coating operations.
    (17) Regulation 401 KAR 61:095. Existing solvent metal cleaning 
equipment.
    (18) Regulation 401 KAR 61:100. Existing insulation of magnet wire 
operations.
    (19) Regulation 401 KAR 61:105. Existing metal furniture surface 
coating operations.
    (20) Regulation 401 KAR 61:110. Existing large appliance surface 
coating operations.
    (21) Regulation 401 KAR 61:120. Existing fabric, vinyl and paper 
surface coating operations.
    (22) Regulation 401 KAR 61:124. Existing factory surface coating 
operations of flat wood paneling.
    (23) Regulation 401 KAR 61:125. Existing can surface coating 
operations.
    (24) Regulation 401 KAR 61:130. Existing coil surface coating 
operations.
    (25) Regulation 401 KAR 61:132. Existing miscellaneous metal parts 
and products surface coating operations.
    (26) Regulation 401 KAR 61:137. Leaks from existing petroleum 
refinery equipment.
    (27) Regulation 401 KAR 61:150. Existing synthesized pharmaceutical 
product manufacturing operations.
    (28) Regulation 401 KAR 61:155. Existing pneumatic rubber tire 
manufacturing plants.
    (29) Regulation 401 KAR 61:160. Existing perchloroethylene dry 
cleaning systems.
    (30) Regulation 401 KAR 61:175. Leaks from existing synthetic 
organic chemical and polymer manufacturing equipment.
    (31) Regulation 401 KAR 63:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 63.
    (32) Regulation 401 KAR 63:025. Asphalt paving operations.
    (C) Kentucky Regulation 401 KAR 59:315, Specific New Sources, 
effective June 24, 1992.
    (D) Revisions to following Kentucky Regulations were effective 
February 8, 1993.
    (1) Regulation 401 KAR 51:010. Attainment Status Designations.
    (2) Regulation 401 KAR 59:175. New service stations.
    (3) Regulation 401 KAR 61:085. Existing service stations.
    (4) Regulation 401 KAR 63:031. Leaks from Gasoline Tanks.
    (ii) Other Material. None.

    3. Section 52.934, is revised to read as follows:


Sec. 52.934  VOC Rule Deficiency Correction.

    (a) Section 1.02, 1.08, 6.12, 6.13, 6.16, 6.18, 6.19, 6.23, 6.29, 
6.30, 6.31, 6.32, 6.33, 6.34, 6.35, 7.11, 7.12, 7.16, 7.18, 7.19, 7.23, 
7.52, 7.56, 7.57, 7.58, 7.59, 7.60 and 7.61 of the Jefferson County 
portion of the Commonwealth of Kentucky SIP are being approved. The 
Commonwealth submitted these regulations to EPA for approval on 
February 12, 1992. These sections were intended to correct deficiencies 
cited in a letter calling for the Commonwealth to revise its SIP for 
ozone from Greer C. Tidwell, the EPA Regional Administrator, to 
Governor Wallace G. Wilkinson on May 26, 1988, and clarified in a 
letter from Winston A. Smith, Air, Pesticides & Toxics Management 
Division Director, to William C. Eddins, Director of the Commonwealth 
of Kentucky Division for Air Quality.
    (b) Section 1.05, 1.06, 6.17, 6.36, 6.37, and 6.40 of the Jefferson 
County portion of the Commonwealth of Kentucky SIP are being approved. 
The Commonwealth submitted these regulations to EPA for approval on 
March 4, 1993. These sections were intended to correct deficiencies 
cited in a letter calling for the Commonwealth to revise its SIP for 
ozone from Greer C. Tidwell, the EPA Regional Administrator, to 
Governor Wallace G. Wilkinson on May 26, 1988, and clarified in a 
letter from Winston A. Smith, Air, Pesticides & Toxics Management 
Division Director, to William C. Eddins, Director of the Commonwealth 
of Kentucky Division for Air Quality.
    (c) Deficiencies in 1.12 Emissions Trading, however, have not been 
corrected. The above deficiencies must be corrected according to the 
letters mentioned above, the proposed post-1987 ozone policy (52 FR 
45044), and other EPA guideline relating to the deficiencies before the 
SIP for ozone can be fully approved.

[FR Doc. 94-15262 Filed 6-22-94; 8:45 am]
BILLING CODE 6560-50-P