[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Rules and Regulations]
[Pages 11738-11740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7035]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[KY-JEFF-96-01; FRL-5445-7]


Clean Air Act Approval of Operating Permits Program; Jefferson 
County, Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

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SUMMARY: The EPA is promulgating full approval of the Operating Permits 
Program submitted by the Jefferson County, Kentucky Air Pollution 
Control District (District) located in the geographic area of Jefferson 
County, Kentucky. The Jefferson County, Kentucky program was submitted 
for the purpose of complying with Federal requirements which mandate 
that state and local agencies develop, and submit to EPA programs for 
issuing operating permits to all major stationary sources, and to 
certain other sources.

EFFECTIVE DATE: April 22, 1996.

ADDRESSES: Copies of the District's submittal and other supporting 
information used in developing the final full approval are available 
for inspection during normal business hours at the following location: 
U.S. Environmental Protection Agency, Region 4, 345 Courtland Street 
NE, Atlanta, Georgia 30365, on the 3rd floor of the Tower Building. 
Interested persons wanting to examine these documents, contained in EPA 
docket number KY-JEFF-96-01, should make an appointment at least 24 
hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Leonardo Ceron, Title V Program 
Development Team, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 
345 Courtland Street, NE., Atlanta, GA 30365, (404) 347-3555 extension 
4196.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Title V of the 1990 Clean Air Act Amendments (Section 501-507 of 
the Clean Air Act (``the Act'')), and implementing regulations at 40 
Code of Federal Regulations (CFR) part 70 require that states or 
authorized local agencies develop and submit operating permits programs 
to EPA by November 15, 1993, and that EPA act to approve or disapprove 
each program within one year after receiving the submittal. EPA's 
program review occurs pursuant to section 502 of the Act and the part 
70 regulations, which together outline criteria for approval or 
disapproval. Where a program substantially, but not fully, meets the 
requirements of part 70, EPA may grant interim approval for a period of 
up to two years. If EPA has not fully approved a program by November 
15, 1995, or by the end of the interim program, it must establish and 
implement a Federal Program.
    On November 24, 1995, EPA proposed full approval, or in the 
alternative, interim approval of the operating permits program for the 
Jefferson County, Kentucky, Air Pollution Control District. See 60 FR 
58033. The November 24, 1995, notice also proposed approval of the 
District's interim mechanism for implementing section 112(g) and for 
delegation of section 112 standards as promulgated. EPA did not receive 
any comments on the proposal. On February 16, 1996, the District 
submitted a package containing revisions to the operating permits 
program, which addressed the

[[Page 11739]]
deficiency discussed in the full/interim approval notice. As required 
by 40 CFR 70.6(g), the District adopted revisions to Regulation 1.07, 
section 2.2, to ensure that excess emissions due to emergency 
situations are classified as a violation of an existing permit. 
Specifically the new regulation 1.07, section 2.2, reads as follows: 
``Notwithstanding the provisions of section 2.1, if a federal 
regulation requires compliance with emissions standards during startup, 
shutdown, malfunction, or emergency, excess emissions resulting from 
any of these events shall be deemed in violation of those standards 
even though, based upon a showing by the owner or operator of the 
source and an affirmative determination by the district, the applicable 
requirements identified in section 2.1 are satisfied.'' Additionally, 
40 CFR 70.6(g) required the District to adopt revisions to Regulation 
1.07, section 2.1, to only allow sources the use of the legal mechanism 
of ``affirmative defense'' when excess emissions are emitted from a 
source during an emergency situation. Specifically, the new Regulation 
1.07, section 2.2 reads as follows: ``However, in the case of 
technology-based federal emission standards, an emergency shall 
constitute an affirmative defense to an enforcement action brought for 
noncompliance with these emission standards if, based upon a showing by 
the owner or operator of the source and an affirmative determination by 
the District, the requirements of section 5 are met.'' It is EPA's 
understanding that the District's sections 2.1 and 2.2 allow sources to 
use the legal mechanism of affirmative defense on federally mandated 
emission limits, when a federally promulgated emission standards has 
been violated during emergencies situations as defined in Regulation 
1.07, section 5. These changes became locally effective on January 17, 
1996.
    In this action, EPA is promulgating full approval of the Jefferson 
County, Kentucky operating permits program, and approving the section 
112(g) and section 112(l) mechanisms noted above.

II. Final Action and Implications

A. Title V Operating Permits Program

    The EPA is promulgating full approval of the operating permits 
program submitted by the Jefferson County, Kentucky, Air Pollution 
Control District, on February 1, 1994, and supplemented on November 15, 
1994; May 3, 1995; July 14, 1995; and February 16, 1996. The November 
24, 1995, notice established that the District would receive full 
approval of its program if changes to Regulation 1.07, sections 2.1 and 
2.2 were adopted prior to final promulgation. Such changes became 
locally effective on January 17, 1996. The District has demonstrated 
that the program will be adequate to meet the minimum elements of a 
state or local operating permits program as specified in 40 CFR part 
70.
    The scope of the District's part 70 program approved in this notice 
applies to all part 70 sources (as defined in the approved program) 
within Jefferson County, Kentucky, except any sources of air pollution 
over which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 
55815-18 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the 
Act as ``any Indian tribe, band, nation, or other organized group or 
community, including any Alaska Native village, which is Federally 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians.'' 
See section 302(r) of the Act; see also 59 FR 43956, 43962 (Aug. 25, 
1994); 58 FR 54364 (Oct. 21, 1993).

B. Preconstruction Permit Program Implementing Section 112(g)

    EPA is approving the use of District's preconstruction program 
found in Regulation 2.03 as a mechanism to implement section 112(g) 
during the transition period between promulgation of EPA's section 
112(g) rule and the District's adoption of rules specifically designed 
to implement section 112(g). This approval is limited to the 
implementation of the 112(g) rule and is effective only during any 
transition time between the effective date of the 112(g) rule and the 
adoption of specific rules by the District to implement section 112(g). 
The duration of this approval is limited to 18 months following 
promulgation by EPA of section 112(g) regulations to provide the 
District with adequate time to adopt regulations consistent with 
Federal requirements.

C. Program for Delegation of Section 112 Standards as Promulgated

    Requirements for approval, specified in 40 CFR 70.4(b), encompass 
section 112(l)(5) requirements for approval of a program for delegation 
of section 112 standards as promulgated by EPA as they apply to part 70 
sources. Section 112(l)(5) requires that the District's program contain 
adequate authorities, adequate resources for implementation, and an 
expeditious compliance schedule, which are also requirements under part 
70. Therefore, the EPA is also promulgating approval under section 
112(l)(5) and 40 CFR 63.91 of the District's program for receiving 
delegation of section 112 standards and programs that are unchanged 
from Federal rules as promulgated. In addition, EPA is approving the 
delegation of all existing standards and programs under 40 CFR parts 61 
and 63. This program for delegation applies to both part 70 sources and 
non-part 70 sources.

III. Administrative Requirements

A. Docket

    Copies of the District's submittal and other information relied 
upon for the final full approval are contained in docket number KY-
JEFF-96-01 maintained at the EPA Regional Office. The docket is an 
organized and complete file of all the information submitted to, or 
otherwise considered by, EPA in the development of this final full 
approval. The docket is available for public inspection at the location 
listed under the ADDRESSES section of this document.

B. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

C. Regulatory Flexibility Act

    EPA's actions under section 502 of the Act do not create any new 
requirements, but simply address operating permits programs submitted 
to satisfy the requirements of 40 CFR part 70. Because this action does 
not impose any new requirements, it does not have a significant impact 
on a substantial number of small entities.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: March 15, 1996.
Phyllis P. Harris,
Acting Deputy Regional Administrator.

    Part 70, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. Appendix A to part 70 is amended by adding the entry for 
Kentucky in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

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[[Page 11740]]


Kentucky

    (a) Kentucky Natural Resources and Environmental Protection 
Cabinet: submitted on December 27, 1993, and supplemented on 
November 15, 1994, April 14, 1995, May 3, 1995 and May 22, 1995; 
interim approval effective on December 14, 1995; interim approval 
expires on December 14, 1997.
    (b) Air Pollution Control District of Jefferson County, 
Kentucky: submitted on February 1, 1994, and supplemented on 
November 15, 1994, May 3, 1995, July 14, 1995 and February 16, 1996; 
full approval effective on April 22, 1996.
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[FR Doc. 96-7035 Filed 3-21-96; 8:45 am]
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