[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Rules and Regulations]
[Pages 31087-31088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14447]



[[Page 31087]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-88-6956a; FRL-5207-9]


Approval and Promulgation of Implementation Plans State: Approval 
of Revisions to Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On January 27, 1995, the Commonwealth of Kentucky, through the 
Natural Resources and Environmental Protection Cabinet (Cabinet), 
submitted revisions to the State Implementation Plan (SIP) correcting 
deficiencies in the definition of volatile organic compounds (VOCs). 
These revisions ensue from a commitment made by the Cabinet to the EPA 
to revise the definition of VOCs. The commitment was made in order for 
EPA to conditionally approve revisions to the VOC definition in a 
document dated June 23, 1994.

DATES: This final rule will be effective on July 28, 1995 unless 
adverse or critical comments are received by July 13, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments on this action should be addressed to Scott 
Southwick, at the EPA Regional Office listed below.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345 
Courtland Street, NE, Atlanta, Georgia 30365.
Division of Air Quality, Department for Environmental Protection, 
Natural Resources and Environmental Protection Cabinet, 803 Schenkel 
Lane, Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT: Scott Southwick, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is 
404/347-3555, x4207. Reference file KY-88-6956a.

SUPPLEMENTARY INFORMATION: On October 20, 1992, the Cabinet submitted a 
SIP revision which included the definition of a VOC. The VOC definition 
is found in rules 50:010, 51:001, 59:001, 61:001, and 63:001. The VOC 
definition met all federal guidelines except for a provision that 
stated, ``* * * VOCs shall be measured by test methods that have been 
approved by the cabinet. Approval by the cabinet shall not constitute 
or imply approval by the USEPA. The cabinet will not approve a test 
method that has been disapproved for use by the USEPA.'' EPA stated 
that the VOC definition was not approvable until the above language was 
revised to state that all test methods used must be approved by the 
EPA. On March 25, 1994, Kentucky committed to correct this deficiency. 
EPA then conditionally approved the VOC definition in the October 20, 
1992, SIP revision on June 23, 1994 (59 FR 32343).
    On January 27, 1995, Kentucky submitted a revision to the SIP that 
corrected the deficiency outlined above by revising the VOC definition 
to state that test methods must be approved by the EPA. The submittal 
also included minor revisions to rules 50:010, 51:001, 59:001, 61:001, 
and 63:001 which both clarify the intent of the rule and change the 
address of a Division for Air Quality regional office. This submittal 
also revised the SIP to include rule 65:001--Definitions and 
abbreviations of terms used in 401 KAR Chapter 65. This rule is 
identical to the rules 50:010 through 63:001.

Final Action

    EPA is approving this Kentucky SIP submittal because the revisions 
are consistent with EPA guidelines. The EPA is publishing this action 
without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comments. 
However, in a separate document in this Federal Register publication, 
the EPA is proposing to approve the SIP revision should adverse or 
critical comments be filed. This action will be effective on July 28, 
1995 unless, by July 13, 1995, adverse or critical comments are 
received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the separate proposed 
rule. The EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on July 28, 1995.
    Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by August 14, 1995. 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).)
    The OMB has exempted these actions from review under Executive 
Order 12866.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2) and 7410(k)(3). [[Page 31088]] 

Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this State implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 110 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. To the extent that the rules being approved by 
this action will impose no new requirements; such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: May 8, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401-7671q.

Subpart S--Kentucky

    2. Section 52.920, is amended by adding paragraph (c)(79) to read 
as follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) * * *
    (79) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) regarding the definition of volatile organic compound (VOC) 
submitted on January 27, 1995.
    (i) Incorporation by reference.
    (A) 401 KAR 50:010. Definitions and abbreviations of terms used in 
401 KAR Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65, effective 
April 6, 1995.
    (B) 401 KAR 51:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 51, effective April 6, 1995.
    (C) 401 KAR 59:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 59, effective April 6, 1995.
    (D) 401 KAR 61:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 61, effective April 6, 1995.
    (E) 401 KAR 63:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 63, effective April 6, 1995.
    (F) 401 KAR 65:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 65, effective April 6, 1995.
    (ii) Other material.
    (A) May 4, 1995, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, U.S. EPA, Region IV.

[FR Doc. 95-14447 Filed 6-12-95; 8:45 am]
BILLING CODE 6560-50-P