[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14489-14491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7908]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[KY20-1-9612a; FRL-5447-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Kentucky State 
Implementation Plan (SIP) submitted on June 15, 1983, by the 
Commonwealth of Kentucky through the Natural Resources and 
Environmental Protection Cabinet (Cabinet). The revisions pertain to 
Kentucky regulations 401 KAR 50:025, Classification of counties, and 
401 KAR 61:015, Existing indirect heat exchangers. The purpose of these 
revisions is to reclassify McCracken County from a Class I area to a 
Class IA area, with respect to sulfur dioxide (SO2), and to allow 
a relaxation of the SO2 emission limit in McCracken County.

DATES: This action is effective June 3, 1996, unless notice is received 
by May 2, 1996, that someone wishes to submit adverse or critical 
comments. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Scott M. Martin, 
Regulatory Planning and Development Section, Air Programs Branch, Air, 
Pesticides & Toxics Management Division, Region 4 Environmental 
Protection Agency, 345 Courtland Street, NE, Atlanta, Georgia 30365.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington DC 20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345 
Courtland Street, Atlanta, Georgia 30365.
Natural Resources and Environmental Protection Cabinet, Department for 
Environmental Protection, Division for Air Quality, 803 Schenkel Lane, 
Frankfort, Kentucky 40601-1403.

FOR FURTHER INFORMATION CONTACT:
Mr. Scott M. Martin, Regulatory Planning and Development Section, Air 
Programs Branch, Air Pesticides and Toxics Management Division, Region 
4 Environmental Protection Agency, 345 Courtland Street, NE, Atlanta, 
Georgia 30365. The telephone number is (404) 347-3555 ext. 4216.

SUPPLEMENTARY INFORMATION: On June 15, 1983, the Commonwealth of 
Kentucky through the Cabinet submitted revisions to the SO2 SIP. 
The revisions pertain to Kentucky regulations 401 KAR 50:025, 
Classification of counties, and 401 KAR 61:015, Existing indirect heat 
exchangers. The purpose of these revisions is to reclassify McCracken 
County from a Class I area to a Class IA area, with respect to 
SO2, and to allow a relaxation of the SO2 emission limit in 
McCracken County. The revisions are described below:

(1) 401 KAR 50:025. Classification of Counties

    On July 2, 1982, McCracken County was redesignated by the EPA from 
non-attainment to attainment for SO2. The

[[Page 14490]]
Kentucky Division of Air Pollution has determined that the relaxed 
emission limitations contained in these amendments will not affect the 
SO2 air quality of McCracken County sufficiently to cause a threat 
to its environment or to the health and welfare of its citizens. 
Therefore, the revision changes McCracken County's classification, with 
respect to SO2, from Class I to Class IA.

(2) 401 KAR 61:015. Existing Indirect Heat Exchangers

    Paragraph 5 is added to Section 5. Standard for Sulfur Dioxide. The 
paragraph reads as follows: In counties classified as IA with respect 
to sulfur dioxide, at sources having a total rated heat input greater 
than fifteen hundred million BTU per hour (1500 MM BTU/hr.) as 
determined by Section 3(1), the department shall allow one (1) affected 
facility, as specified on the operating permit, to emit sulfur dioxide 
at a rate not to exceed a twenty-four (24) hour average of 8.0 pounds 
per million BTU, during those periods of time when the affected 
facility is being operated for the purpose of generating high sulfur 
dioxide content flue gases for use in any experimental sulfur dioxide 
removal system.

(3) Appendix B of 401 KAR 61:015

    A new equation is added for the calculation of SO2 emission 
limits for counties classified as Class IA.
    The purpose of these revisions is to allow the TVA Shawnee Power 
Plant to continue its scrubber research program by increasing the 
allowable SO2 emission limit from 1.2 lbs to 8.0 lbs per million 
BTU heat input for only one of its units while conducting scrubber 
research and to allow the Paducah Gaseous Diffusion Plant to increase 
its emission rate from 1.2 lb SO2 to 3.1 lbs SO2 per million 
BTU heat input. After extensive air dispersion modeling using the 
Multiple Point Gaussian Dispersion Algorithm with Terrain Adjustment 
(MPTER) and the Single Source Dispersion Algorithm with Terrain 
Adjustment (CRSTER), the Kentucky Division for Air Quality has 
determined that the relaxed emission limitations proposed in these 
amendments will not affect the air quality of McCracken County, as it 
relates to SO2, in such a way as to cause a threat to its 
environment or to the health and welfare of its citizens. The EPA 
concurs with the determination by the Kentucky Division for Air 
Quality.

Final Action

    EPA is approving the above referenced revisions to the Kentucky 
SIP. This action is being taken without prior proposal because the EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
June 3, 1996, unless, by May 2, 1996, adverse or critical comments are 
received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective June 3, 1996.
    Under section 307(b)(1) of the Clean Air Act (CAA), 42 U.S.C. 
7607(b)(1), petitions for judicial review of this action must be filed 
in the United States Court of Appeals for the appropriate circuit by 
June 3, 1996. Filing a petition for reconsideration by the 
Administrator of this final rule does not affect the finality of this 
rule for purposes of judicial review nor does it extend the time within 
which a petition for judicial review may be filed, and shall not 
postpone the effectiveness of such rule or action. This action may not 
be challenged later in proceedings to enforce its requirements. (See 
Section 307(b)(2) of the CAA, 42 U.S.C. 7607(b)(2)).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 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 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).

Unfunded Mandates

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

[[Page 14491]]
tribal governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: March 13, 1996.
Phyllis P. Harris,
Acting Regional Administrator.

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

PART 52--[AMENDED]

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

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

Subpart S--Kentucky

    2. Section 52.920, is amended by adding paragraph (c) (83) to read 
as follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) * * *
    (83) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on June 
15, 1983.
    (i) Incorporation by reference.

    401 KAR 50:025 Classification of Counties, and 401 KAR 61:015 
Existing Indirect Heat Exchangers, effective June 1, 1983.

    (ii) Additional material. None.

[FR Doc. 96-7908 Filed 4-1-96; 8:45 am]
BILLING CODE 6560-50-P