[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Rules and Regulations]
[Pages 23615-23617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11524]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-112-9933(a); FRL-6975-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Kentucky: Approval of American Greetings Corporation; Source-Specific 
State Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 30, 1999, the Commonwealth of Kentucky submitted, 
through the Natural Resources and Environmental Protection Cabinet, a 
source-specific revision to the Kentucky State Implementation Plan 
(SIP). This source-specific SIP revision allows American Greetings 
Corporation to have an alternative averaging period of 30 days for 
compliance determination. EPA is approving this revision because the 30 
day alternate averaging period does not jeopardize maintenance of the 
National Ambient Air Quality Standards (NAAQS).

DATES: This direct final rule is effective July 9, 2001 without further 
notice, unless EPA receives adverse comment by June 8, 2001. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: Written comments should be addressed to Randy Terry, at the 
EPA Regional Office listed below. The interested persons wanting to 
examine these documents should make an appointment with the appropriate 
office at least 24 hours before the visiting day.
    Copies of SIP materials which are incorporated by reference into 40 
CFR Part 52 (the documents relative to this action) are available for 
public inspection during normal business hours at the following 
locations:

U.S. Environmental Protection Agency; Region 4 Air Planning Branch; 61 
Forsyth Street, SW; Atlanta, Georgia 30303-8960
Commonwealth of Kentucky; Division for Air Quality; 803 Schenkel Lane; 
Frankfort, KY 40601-1403

FOR FURTHER INFORMATION CONTACT: Randy Terry at 404/562-9032.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 30, 1999, the Commonwealth of Kentucky submitted, through 
the Natural Resources and Environmental Protection Cabinet, a source-
specific revision to the Kentucky SIP. This source-specific SIP 
revision allows American Greetings Corporation to have an alternative 
averaging period of 30 days for compliance determination.
    To meet the requirements of this SIP revision, American Greetings 
Corporation must provide all record keeping in accordance with 
regulation 401 KAR 59:212, New Graphic Arts Facilities Using 
Rotogravure and Flexography, Section 4(6). These records shall include, 
but are not limited to, the following:
    (a) Applicable regulation number;
    (b) Application method and substrate type;
    (c) Amount and type of graphic arts material or solvent used at 
each point of application, including exempt compounds;
    (d) The volatile organic compound (VOC) content as applied in each 
graphic arts materials or solvent;
    (e) The date for each application for graphic arts material or 
solvent; and
    (f) The amount of surface preparation, clean-up, or wash-up solvent 
(including exempt compounds) used and the VOC content of each;
    In addition, the permittee must keep monthly records of the pounds 
of each ink and topcoat lacquer used and the corresponding VOC contents 
and hours of operation. These emissions shall be calculated and 
recorded in tons per month and tons per 12 months. Tons per 12 months 
shall represent a rolling average. These records shall be made 
available for inspection to any authorized representative of the 
Division for Air Quality upon request.
    Agency policy regarding SIP revisions for averaging times for 
compliance with VOC emission limits is stated in a January 20, 1984, 
memo from John R. O'Conner, Acting Director, Office of Air Quality 
Planning and Standards: ``Current Agency guidance specifies the use of 
a daily weighted average for VOC regulations as the preferred 
alternative where continuous compliance is not feasible.''
    The aforementioned memo also approves the utilization of averaging 
period for VOC emissions for as long as thirty days, providing that 
certain conditions are met.
    These requirements consist of the following elements.
    1. The VOC limits must be specified in an enforceable form with 
appropriate compliance dates.
    2. A description of the affected processes and associated 
historical production and operating rates.
    3. A description of the control techniques to be applied to the 
affected processes such as low solvent and waterborne coating; 
technology and/or add-on controls.
    4. The nature of the emission control program whether a bubble, a 
regulation change, a compliance schedule, or some other form of 
alternative control program.
    5. The method of record keeping and reporting to be employed to 
demonstrate compliance with the new emission limit requirement and to 
support the showing that the emission limit is consistent with 
Reasonable Further Progress (RFP) and the demonstration of attainment.

II. Analysis of State's Submittal

    In response to meeting the aforementioned requirements, Kentucky 
submitted the results of a detailed statistical analysis verifying that 
the actual emissions emitted are consistently below the allowable 
emissions. Based on this analysis, Kentucky utilizing a monthly 
averaging recording system has a very minimal chance that the emissions 
will exceed ten percent of the permitted emission rate.
    Kentucky's submittal addressed the NAAQS for ozone in the 
Appalachian Air Quality Control Region where the facility is located. 
Kentucky found that there were no violations of the ozone NAAQS during 
1992-1995, based on an evaluation of the 1996-1997 Kentucky 
Environmental Quality Commission's Environmental Annual Status Report 
on Air Quality. EPA's review of additional ozone data in the Aerometric 
Information Retrieval System (AIRS) for the surrounding counties of 
Bell, Perry, and Pulaski for the years 1992-2000 found no ozone 
violations. Based on the air quality analysis by Kentucky and EPA's 
review of additional ozone air quality data, EPA concludes there will 
be no adverse environmental impact on the surrounding ozone attainment 
area from the adoption of 30-day monthly VOC record keeping for the 
American Greetings Corporation.
    The use of thirty day averaging period as a maximum averaging time 
for VOC emissions is consistent with current agency policy, as detailed 
in the January 20, 1984, John O'Conner memo. Because of the simplicity 
of this action, no technical support document was prepared.

III. Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are

[[Page 23616]]

consistent with the Clean Air Act and EPA requirements. The 
requirements for averaging time frames for sources of ozone precursors 
can be found in the January 20, 1984, memo by John R. O'Conner. EPA 
believes that approving this source-specific SIP revision will create 
no adverse effects in the surrounding attainment area based on the 
ozone air quality data from the surrounding monitoring sites.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective July 9, 
2001 without further notice unless the Agency receives relevant adverse 
comments by June 8, 2001.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on July 9 2001 and no further action will be 
taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders and Congressional Acts

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding this action under 
section 801 because this is a rule of particular applicability.

B. Disclaimer Language Approving SIP Revisions in Audit Law States

    Nothing in this action should be construed as making any 
determination or expressing any position regarding Kentucky's, audit 
privilege and penalty immunity law, ``KRS 224.01-040'' or its impact 
upon any approved provision in the SIP, including the revision at issue 
here. The action taken herein does not express or imply any viewpoint 
on the question of whether there are legal deficiencies in this or any 
other Clean Air Act program resulting from the effect of Kentucky's 
audit privilege and immunity law. A state audit privilege and immunity 
law can affect only state enforcement and cannot have any impact on 
federal enforcement authorities. EPA may at any time invoke its 
authority under the Clean Air Act, including, for example, sections 
113, 167, 205, 211 or 213, to enforce the requirements or prohibitions 
of the state plan, independently of any state enforcement effort. In 
addition, citizen enforcement under section 304 of the Clean Air Act is 
likewise unaffected by a state audit privilege or immunity law.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 9, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental

[[Page 23617]]

relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: April 20, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 et seq.

Subpart S--Kentucky

    2. In Sec. 52.920 the table in paragraph (d) is amended by adding a 
new entry for ``Alternate Averaging Period for American Greetings 
Corporation'' to the end of the table as follows:


Sec. 52.920  Identification of plan.

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    (d) * * *

                               EPA-Approved Kentucky Source-Specific Requirements
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                                                            State
          Name of source                Permit No.        effective     EPA approval date     Federal Register
                                                             date                                  notice
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       *                  *                   *                   *                  *                   *
                                                          *
Alternate Averaging Period for     KDEPDAQ Permit V-98-               July 9, 2001........  66 FR 23617.
 American Greetings Corporation.    049.
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[FR Doc. 01-11524 Filed 5-8-01; 8:45 am]
BILLING CODE 6560-50-P