[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53662-53665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25893]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-131, and KY-133-200201; FRL-7083-1a]


Approval and Promulgation of Air Quality Implementation Plans; 
Kentucky: Approval of Revisions to State Implementation Plan, Source 
Specific Requirements, and Nonregulatory Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving 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 (Publisher's Printing, Inc.), and Regulation 6.49 
adopted by the Air Pollution Control District of Jefferson County 
(APCDJC), Kentucky. Regulation 6.49 specifies reasonably available 
control technology (RACT) control requirements for VOC emissions at 
Reactor Processes and Distillation Operations Processes in the 
Synthetic Organic Chemical Manufacturing Industry (SOCMI). In addition, 
EPA is approving negative declarations from Kentucky and from the 
APCDJC for certain categories of sources subject to Control Techniques 
Guidelines (CTGs).

EFFECTIVE DATE: This final rule is effective on November 23, 2001.

ADDRESSES: Copies of documents relative to this action are available at 
the following addresses for inspection during normal business hours. 
People who 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 Development 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 Development Section, Air Planning Branch, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303, (404) 562-9116. Mr. Gregory can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Final Action
III. Administrative Requirements

I. Background

    Under the Clean Air Act (CAA) section 107(d)(4)(A), on November 6, 
1991 (56 FR 56694), all of Jefferson

[[Page 53663]]

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 
VOC and NOX which are precursors of ozone.
    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 of VOCs.
    EPA is approving a source-specific non-CTG VOC RACT determination 
for Publisher's Printing, Inc., submitted on July 3, 2001, by Kentucky 
as one of the requisites (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 manufacturing 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 approving the negative 
declaration from Kentucky (CTG categories of aerospace, SOCMI, 
shipbuilding, and wood furniture manufacturing), and the negative 
declaration from the APCDJC (CTG categories of aerospace, shipbuilding, 
and wood furniture manufacturing). These negative declarations 
partially 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 on July 18, 
2001. Final approval of Regulation 6.49 completes the CAA requirement 
relative to the Kentucky portion of the Louisville 1-hour ozone 
nonattainment area for 182(b)(2)(A) and is also a requisite to 
redesignation of the Louisville area.
    On July 23, 2001, (66 FR 38229) EPA published a notice of proposed 
rulemaking (NPR) proposing to approve the above revisions and negative 
declarations. That NPR provided for a public comment period ending on 
August 22, 2001. A detailed description of the SIP revisions and EPA's 
rationale for approving them and the negative declarations was provided 
in the proposed rule and will not be restated here. No comments were 
received on EPA's proposal.

II. Final Action

    In today's action, the EPA is approving 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 approving are 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, Kentucky. EPA's review of Regulation 6.49 found it to follow 
the CTG model regulation. EPA found that the VOC RACT requirements 
specified by Kentucky for Publisher's Printing, Inc., 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 submitted the title V permit for Publisher's Printing, Inc., 
as a source-specific SIP revision.
    EPA is approving the negative declaration from Kentucky for the CTG 
categories of aerospace, SOCMI, shipbuilding, and wood furniture 
manufacturing, and the negative declaration from the APCDJC for the CTG 
categories of aerospace, shipbuilding, and wood furniture manufacturing 
as meeting the section 182(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.

III. Administrative Requirements

    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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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). This action 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 CAA. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health

[[Page 53664]]

Risks and Safety Risks'' (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 CAA. 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 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. 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. section 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. EPA will submit 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 United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 24, 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, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 18, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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. Section 52.920 is amended:
    a. By adding a new entry in numerical order to the last table in 
paragraph (c).
    b. By adding a new entry to the end of the table in paragraph (d).
    c. By adding new entries in numerical order to the table in 
paragraph (e).
    The additions read as follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) EPA-approved regulations.
* * * * * * *

                             EPA-Approved Jefferson County Regulations for Kentucky
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                                                  EPA                                                  District
      Reg               Title/subject           approval            Federal Register Notice           effective
                                                  date                                                   date
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*                  *                  *                  *                  *                  *
                                                        *
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                         Reg 6 Standards of Performance for Existing Affected Facilities
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*                  *                  *                  *                  *                  *
                                                        *
6.49..........  Standards of Performance for     10/23/01  66 FR 53664.............................     06/20/01
                 Reactor Processes and
                 Distillation Operations
                 Processes in the Synthetic
                 Organic Chemical
                 Manufacturing Industry.
 
*                  *                  *                  *                  *                  *
                                                        *
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    (d) EPA-approved source-specific requirements.
* * * * *

                               EPA-Approved Kentucky Source-Specific Requirements
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                                                                  State         EPA
           Name of source                  Permit number        effective     approval   Federal Register Notice
                                                                   date         date
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*                  *                  *                  *                  *                  *
                                                        *
Title V permit requiring VOC RACT     KDEPDAQ Permit 21-029-      07/20/01     10/23/01  66 FR 53664
 for Publisher's Printing, Inc.,       00019.
 Bullitt County.
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    (e) EPA-approved nonregulatory provisions.

[[Page 53665]]



                                 EPA-Approved Kentucky Nonregulatory Provisions
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                                                               State         EPA
        Appendix                    Title/subject            effective     approval     Federal Register Notice
                                                                date         date
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*                  *                  *                  *                  *                  *
                                                        *
21......................  Negative Declarations for the        12/14/99     10/23/01  66 FR 53665
                           nonattainment portions of
                           Bullitt and Oldham Counties in
                           Louisville 1-hour moderate
                           ozone nonattainment area for
                           CTG rules for aerospace, SOCMI,
                           shipbuilding, and wood
                           furniture manufacturing.
22......................  Negative Declarations submitted      02/26/01     10/23/01  66 FR 53665
                           by the Air Pollution Control
                           District of Jefferson County
                           for the Louisville 1-hour
                           moderate ozone nonattainment
                           area for CTG rules for
                           aerospace, shipbuilding, and
                           wood furniture manufacturing.
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[FR Doc. 01-25893 Filed 10-22-01; 8:45 am]
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