[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
[Rules and Regulations]
[Pages 2915-2916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1333]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY-092-9649a; FRL-5653-9]
Approval and Promulgation of Revisions to the Commonwealth of
Kentucky's State Implementation Plan (SIP)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On June 19, 1996, the Commonwealth of Kentucky through the
Kentucky Natural Resources and Environmental Protection Cabinet
(KNREPC) submitted revisions to the Kentucky SIP. This revision exempts
acetone and perchloroethylene (tetrachloroethylene) from the list of
compounds regulated as volatile organic compounds (VOC) for ozone
control purposes.
DATES: This action will be effective March 24, 1997 unless adverse or
critical comments are received by February 20, 1997. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region
4 address listed below. Copies of the material submitted by KNREPC 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.
Environmental Protection Agency, Atlanta Federal Center, Region 4 Air
Planning Branch, 100 Alabama Street, Atlanta, Georgia 30303-3104.
Natural Resources and Environmental Protection Cabinet, 803 Schenkel
Lane, Frankfort, Kentucky 40601.
FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning
Section, Air Planning Branch, Air Pesticides and Toxics Management
Division, Region 4, Environmental Protection Agency, 100 Alabama
Street, SW, Atlanta, Georgia 30303-3104. The telephone number is (404)
562-9038.
SUPPLEMENTARY INFORMATION: On June 19, 1996, the Commonwealth of
Kentucky through the KNREPC submitted revisions to the Kentucky SIP.
The EPA is approving the following revisions to the Kentucky SIP. 401
KAR Chapters 50, 51, 59, 61, 63, and 65 were amended to add acetone and
perchloroethylene (tetrachloroethylene) to the list of compounds
excluded from the definition of VOC on the basis that these compounds
have been determined to have negligible photochemical reactivity.
Hence, acetone and perchloroethylene will be excluded as a VOC for
ozone control purposes. The EPA published notices in the Federal
Register on June 16, 1995, (60 FR 31633) and February 7, 1996, (61 FR
4590), that document the Agency's decision to add acetone and
perchloroethylene to this list of excluded compounds, respectively.
Final Action
The EPA is approving the aforementioned revisions because they meet
the Agency requirements. This action is being published 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 March 24, 1997 unless, within 30 days of its
publication, 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 proposed rule
published with this action. 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 March 24, 1997.
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 March
24, 1997. 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.
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).
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.
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.
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 actions and also require the private sector to perform certain
duties. EPA has examined whether the rules being approved by this
action would impose no new requirements, since such sources are already
subject to these
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regulations under State law. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action, and therefore there will be no significant impact on a
substantial number of small entities.
Under 801(a)(1)(A) of the Administrative Procedures Act (APAA) as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, EPA submitted a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives and
the Comptroller General of the General Accounting Office prior to
publication of the rule in today's Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2) of the APAA as amended.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone.
Dated: November 4, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.
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)(85) to read as
follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(85) The Commonwealth of Kentucky submitted revisions to the
Kentucky SIP on June 19, 1996. These revisions involve changes to 401
KAR Chapters 50, 51, 59, 61, 63, and 65.
(i) Incorporation by reference. 401 KAR Chapters 50:010(62),
51.001(62), 59:001(63), 61:001(63), 63:001(62), and 65:001(31) of the
Kentucky regulations effective on June 6, 1996.
(ii) Other material. None.
[FR Doc. 97-1333 Filed 1-17-97; 8:45 am]
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