[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Proposed Rules]
[Pages 38229-38231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18319]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-127-200114, KY-128-200115; FRL-7016-6]


Approval and Promulgation of Implementation Plans; Kentucky State 
Implementation Plan Revision, Source Specific Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to parallel process approval of revisions 
to the Kentucky State Implementation Plan (SIP) which concern the 
control of emissions of volatile organic compounds (VOC) at a specific 
source in Bullitt County, Kentucky, and a specific category of sources 
in Jefferson County, Kentucky. At the time of final EPA action, the 
completed SIP revisions must have been submitted to EPA.
    In addition, EPA is proposing to approve negative declarations from 
Kentucky and from the Air Pollution Control District of Jefferson 
County (APCDJC) for certain categories of sources subject to Control 
Techniques Guidelines (CTGs).

DATES: Comments on the EPA's proposed action must be received by August 
22, 2001.

ADDRESSES: Written comments should be addressed to: Raymond S. Gregory, 
Regulatory Planning Section, Air Planning Branch, U.S. Environmental 
Protection Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303.
    Copies of Kentucky's submittals, as well as other information, are 
available for inspection during normal business hours at the following 
locations. People who are interested and want to examine these 
documents should make an appointment at least 24 hours in advance of 
the day they want to visit and they should reference files KY-127 and 
KY-128; U.S. Environmental Protection Agency, Region 4, Air Planning 
Branch, Regulatory Planning Section, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303; Commonwealth of Kentucky, Division for Air Quality, 803 
Schenkel Lane, Frankfort, Kentucky 40601-1403; Air Pollution Control 
District of Jefferson County, 850 Barret Avenue, Louisville, Kentucky 
40204.

FOR FURTHER INFORMATION CONTACT: Raymond S. Gregory, Environmental 
Engineer, Regulatory Planning Section, Air Planning Branch, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303, (404) 562-9116,([email protected]).

SUPPLEMENTARY INFORMATION:

I. Applicability

    EPA is proposing to approve into the Kentucky SIP two submittals. 
The first one which was adopted by the APCDJC (Regulation 6.49), 
specifies VOC reasonably available control technology (RACT) 
requirements for Reactor Processes and Distillation Operations 
Processes in the Synthetic Organic Chemical Manufacturing Industry 
(SOCMI). This rule was submitted by Kentucky to EPA on May 10, 2001, 
for parallel processing. The second submittal concerns source-specific 
VOC RACT requirements for an offset lithographic paper printing plant, 
Publisher's Printing, Inc., located in Bullitt County. The VOC RACT 
requirements for Publisher's Printing, Inc., were submitted by Kentucky 
on April 16, 2001, and supplemented with a request for parallel 
processing on May 4, 2001.
    EPA received a negative declaration from Kentucky for the CTG 
categories of aerospace, SOCMI, shipbuilding, and wood furniture, and a 
negative declaration from the APCDJC for the CTG categories of 
aerospace, shipbuilding, and wood furniture. A negative declaration is 
a certification by an organization responsible for air pollution 
abatement in a state or local area that there are no facilities (a 
particular category, type, or size) under their jurisdiction in the 
planning area that meet the definition of an affected facility (i.e., 
for which specific control requirements would be applicable).

II. Background

    Under the Clean Air Act (CAA) section 107(d)(4)(A), on November 6, 
1991 (56 FR 56694), all of Jefferson County, portions of Bullitt and 
Oldham Counties in Kentucky, and the Indiana Counties of Clark and 
Floyd were designated as the Louisville moderate ozone nonattainment 
area, as a result of monitored violations of the 1-hour ozone National 
Ambient Air Quality Standard (NAAQS) during the 1987-1989 time frame. 
Since that time, Kentucky, Indiana and the APCDJC have adopted and 
implemented programs required under the CAA for a moderate 1-hour ozone 
nonattainment area to reduce emissions of the precursors of ozone (VOCs 
and nitrogen oxides). As a result of these programs, air quality 
monitors in the Louisville area have recorded three years of complete, 
quality-assured, ambient air quality monitoring data for the 1998, 
1999, and 2000 ozone seasons, thereby demonstrating that the area has 
attained the 1-hour ozone NAAQS. On May 17, 2001, (66 FR 27483) the EPA 
proposed to determine that the Louisville moderate ozone nonattainment 
area has attained the 1-hour ozone NAAQS. A complete discussion of the 
data and background that provides the basis for that proposed action 
can be found in the above-cited May 17, 2001, Federal Register action.
    Kentucky on March 30, 2001, and Indiana on April 11, 2001, 
submitted requests to redesignate the Louisville area to attainment for 
the 1-hour ozone NAAQS. As further indicated in the May 17, 2001 
Federal Register, the ``determination of attainment'' is not equivalent 
to redesignation of the area to attainment. Attainment of the ozone 1-
hour ozone NAAQS is only one of the criteria set forth in section 
107(d)(3)(E)

[[Page 38230]]

that must be satisfied for an area to be redesignated to attainment. 
Section 107(d)(3)(E) allows for redesignation providing among other 
things that the state containing such area has met all requirements 
applicable to the area under section 110 and Part D. EPA published on 
June 22, 2001, (66 FR 33505) proposed approval of the requests by 
Kentucky and Indiana for redesignation of the Louisville 1-hour ozone 
nonattainment area.
    Subpart 1 of Part D sets forth the basic nonattainment requirements 
applicable to all nonattainment areas. Subpart 2 of Part D establishes 
additional requirements for ozone nonattainment areas classified under 
Table 1 of section 181(a). Since the Louisville area was classified as 
moderate ozone nonattainment, in order to be redesignated, the 
Louisville area is required to meet the applicable CAA requirements of 
subpart 2 of Part D including RACT requirements for three classes of 
VOC sources (section 182(b)(2)). The categories are: (A) all sources 
covered by a CTG document issued between November 15, 1990, and the 
date of attainment; (B) all sources covered by a CTG issued prior to 
November 15, 1990; and (C) all other major non-CTG stationary sources. 
The non-CTG rules were due by November 15, 1992, and apply to the 
Louisville area.
    The EPA, in this action, is proposing to approve a source-specific 
non-CTG VOC RACT determination for Publisher's Printing, Inc., 
submitted by Kentucky on April 16, 2001. Final approval of this action 
for Publisher's Printing, Inc., is a requisite (182(b)(2)(C)) for 
redesignation of the Kentucky portion of the Louisville 1-hour ozone 
nonattainment area.
    Kentucky submitted a negative declaration on December 14, 1999, for 
the CTG categories of aerospace, SOCMI, shipbuilding, and wood 
furniture which would apply to the nonattainment portions of Oldham and 
Bullitt Counties. The APCDJC submitted a negative declaration for 
Jefferson County for the same four CTG categories on February 26, 2001. 
The APCDJC withdrew the negative declaration for the SOCMI category on 
May 1, 2001. EPA is proposing to approve the negative declaration from 
Kentucky (CTG categories of aerospace, SOCMI, shipbuilding, and wood 
furniture), and the negative declaration from the APCDJC (CTG 
categories of aerospace, shipbuilding, and wood furniture). These 
negative declarations fulfill the CAA requirements under 182(b)(2)(A) 
in the Kentucky portion of the Louisville 1-hour ozone nonattainment 
area.
    APCDJC adopted Regulation 6.49 for control of VOCs from SOCMI 
sources and Kentucky submitted APCDJC's Regulation 6.49 for parallel 
processing on May 10, 2001. Final approval of this action for 
Regulation 6.49 is a CAA requirement relative to the Kentucky portion 
of the Louisville 1-hour ozone nonattainment area and is a requisite to 
redesignation of the Louisville area (182(b)(2)(A)).

III. EPA Evaluation and Proposed Action

    In today's action, the EPA is proposing to take action on SIP 
revisions submitted by Kentucky to address outstanding VOC RACT 
requirements of subpart 2 of part D, in particular section 182(b)(2), 
of the CAA. The SIP revisions EPA is proposing to approve will 
establish VOC RACT requirements for sources subject to the SOCMI CTG 
for Jefferson County (Regulation 6.49), and source specific VOC RACT 
requirements for Publisher's Printing, Inc., in Bullitt County. These 
SIP revisions were submitted by Kentucky to meet the requirements of 
section 182(b)(2) of the CAA relating to VOC RACT for sources in ozone 
nonattainment areas. EPA must take final action on these required SIP 
revisions before action on the redesignation for the Louisville 1-hour 
ozone area can be finalized.
    One of the revisions being proposed for approval into the Kentucky 
SIP is APCDJC's Regulation 6.49 which specifies VOC RACT requirements 
for sources subject to the SOCMI CTG. The APCDJC has indicated that 
there is one company (E. I. Dupont De Nemours & Co.) with two process 
streams which will be covered by Regulation 6.49. Since the process 
streams at the subject company are below the applicability limit which 
requires controls, the company will be required to keep records of the 
VOC concentrations for the two process streams to show that the VOC 
concentrations stay below the applicability limit. The company must 
retain these records for five years and make them available for 
inspection. This rule was submitted by Kentucky to EPA on April 16, 
2001. Kentucky submitted a request for parallel processing of 
Regulation 6.49 on May 4, 2001. Following review of Regulation 6.49, 
EPA concluded that it follows the model rule in the CTG and can be 
approved into the Jefferson County portion of the Kentucky SIP.
    The other SIP revision being proposed for approval in this action 
concerns source-specific VOC RACT requirements for a lithographic 
printing operation, Publisher's Printing, Inc., in Bullitt County, 
Kentucky. Publisher's Printing is an offset lithographic paper printing 
plant which prints magazines on ten offset lithographic presses, each 
equipped with a natural gas fired dryer. The present control system is 
to be replaced with a thermal oxidizer which is required to be in 
operation and having demonstrated compliance by June 1, 2002, in 
accordance with the draft compliance schedule. VOC RACT specified by 
Kentucky consists of: (1) a requirement for 90 percent VOC destruction 
efficiency for the regenerative thermal oxidizer controlling each 
press's dryer exhaust; (2) a requirement that the fountain solution as 
applied, should contain no alcohol and contain less than three percent 
by weight of alcohol substitutes; and (3) a requirement that the 
blanket wash have a vapor pressure of less than ten millimeters mercury 
at 20 degrees Celsius. These requirements follow the requirements in 
EPA's September 1993 draft, ``Guideline Series--Control of Volatile 
Organic Compound Emissions from Offset Lithographic Printing'' and 
EPA's June 1994, ``Alternative Control Techniques Document: Offset 
Lithographic Printing'' and are approvable as meeting section 
182(b)(2)(C) requirements for Publisher's Printing, Inc. Kentucky is 
including these VOC RACT requirements along with applicable monitoring 
and reporting requirements as conditions in the source's title V 
permit, and intends to submit the permit as a source-specific SIP 
revision. The facility has provided documentation indicating that they 
are now complying with requirements (2) and (3) above.
    EPA is proposing approval of Regulation 6.49 and the source 
specific VOC RACT requirements for Publisher's Printing, Inc., as part 
of the Kentucky SIP under a procedure called parallel processing, 
whereby EPA proposes rulemaking action concurrently with Kentucky's 
procedures for amending its SIP. See 40 CFR part 51, appendix V. If the 
proposed revisions are substantially changed in areas other than those 
identified in the proposed rulemaking, EPA will evaluate those changes 
and may publish another proposed rule. If no substantial changes are 
made other than those areas cited in the proposal, EPA will publish a 
final rulemaking on the revisions. The final rulemaking action by EPA 
will occur only after the Regulation 6.49 and revisions related to 
Publisher's Printing, Inc., are submitted formally to EPA for 
incorporation into the SIP. EPA has reviewed Regulation 6.49 and the 
source-specific

[[Page 38231]]

requirements for Publisher's Printing, Inc., for completeness and found 
that both conform to the completeness criteria in 40 CFR part 51, 
appendix V (criteria for plans submitted explicitly for parallel 
processing). EPA issued a letter regarding completeness to Kentucky on 
June 18, 2001.
    With the negative declaration, Kentucky is asserting that an 
evaluation has found that there are no sources within the Bullitt and 
Oldham Counties' portion of the Louisville 1-hour ozone nonattainment 
area that would be subject to a CTG rule for aerospace, SOCMI, 
shipbuilding, or wood furniture. Through its negative declaration, the 
APCDJC is asserting that an evaluation has found that there are no 
sources within the Jefferson County portion of the Louisville 1-hour 
ozone nonattainment area that would be subject to a CTG rule for 
aerospace, shipbuilding, or wood furniture. Therefore, EPA is proposing 
to approve the negative declaration from Kentucky for the CTG 
categories of aerospace, SOCMI, shipbuilding, and wood furniture, and 
the negative declaration from the APCDJC for the CTG categories of 
aerospace, shipbuilding, and wood furniture as meeting the section 
184(b) VOC RACT requirement for these source categories in the Kentucky 
portion of the Louisville 1-hour ozone nonattainment area.
    The EPA has reviewed Kentucky's requested revisions of the 
federally-approved SIP for conformance with the provisions of the 1990 
amendments enacted on November 15, 1990. The Agency has determined that 
this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to the relevant statutory and regulatory 
requirements.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This action merely proposes to approve state law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed 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 proposed 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 proposed 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 proposes to approve a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This proposed 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), the EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for the EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. 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 
proposed rule, the EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. The 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 proposed 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.).

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, and 
Volatile organic compounds.

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

    Dated: July 12, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 01-18319 Filed 7-20-01; 8:45 am]
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