[Federal Register Volume 66, Number 211 (Wednesday, October 31, 2001)]
[Rules and Regulations]
[Pages 54953-54955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27362]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[KY-T5-2001-02; FRL-7095-1]


Clean Air Act Final Full Approval of Operating Permit Program; KY

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

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SUMMARY: EPA is promulgating full approval of the operating permit 
program of the Kentucky Department of Environmental Protection. This 
program was submitted in response to the directive in the 1990 Clean 
Air Act (CAA) Amendments that permitting authorities develop, and 
submit to EPA, programs for issuing operating permits to all major 
stationary sources and to certain other sources within the permitting 
authorities' jurisdiction. On November 14, 1995, EPA granted interim 
approval to the Kentucky title V operating permit program. This agency 
revised its program to satisfy the conditions of the interim approval, 
and EPA proposed full approval in the Federal Register on September 12, 
2001. EPA did not receive any comments on the proposed action, so this 
action promulgates final full approval of the Kentucky operating permit 
program.

EFFECTIVE DATE: November 30, 2001.

ADDRESSES: Copies of the Kentucky submittal and other supporting 
documentation used in developing the final full approval are available 
for inspection during normal business hours at EPA, Air Planning 
Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Interested 
persons wanting to examine these documents, which are contained in EPA 
docket number KY-T5-2001-01, should make an appointment at least 48 
hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Ms. Kim Pierce, EPA Region 4, at (404) 
562-9124 or [email protected]/.

SUPPLEMENTARY INFORMATION: This section provides additional information 
by addressing the following questions:

What is the operating permit program?
Why is EPA taking this action?
What is involved in this final action?

What Is the Operating Permit Program?

    Title V of the CAA Amendments of 1990 required all state and local 
permitting authorities to develop operating permit programs that met 
certain federal criteria. In implementing the title V operating permit 
programs, the permitting authorities require certain sources of air 
pollution to obtain permits that contain all applicable requirements 
under the CAA. The focus of the operating permit program is to improve 
enforcement by issuing each source a permit that consolidates all of 
the applicable CAA requirements into a federally enforceable document. 
By consolidating all of the applicable requirements for a facility, the 
source, the public, and the permitting authorities can more easily 
determine what CAA requirements apply and how compliance with those 
requirements is determined.
    Sources required to obtain an operating permit under the title V 
program include: ``major'' sources of air pollution and certain other 
sources specified in the CAA or in EPA's implementing regulations. For 
example, all sources regulated under the acid rain program, regardless 
of size, must obtain operating permits. Examples of major sources 
include those that have the potential to emit 100 tons per year or more 
of volatile organic compounds (VOCs), carbon monoxide, lead, sulfur 
dioxide, nitrogen oxides (NOX), or particulate matter 
(PM10); those that emit 10 tons per year of any single 
hazardous air pollutant (specifically listed under the CAA); or those 
that emit 25 tons per year or more of a combination of hazardous air 
pollutants (HAPs). In areas that are not meeting the National Ambient 
Air Quality Standards for ozone, carbon monoxide, or particulate 
matter, major sources are defined by the gravity of the nonattainment 
classification. For example, in ozone nonattainment areas classified as 
``serious,'' major sources include those with the potential of emitting 
50 tons per year or more of VOCs or NOX.

Why Is EPA Taking This Action?

    Where a title V operating permit program substantially, but not 
fully, met the criteria outlined in the

[[Page 54954]]

implementing regulations codified at 40 Code of Federal Regulations 
(CFR) part 70, EPA granted interim approval contingent on the state 
revising its program to correct the deficiencies. Because the Kentucky 
program substantially, but not fully, met the requirements of part 70, 
EPA granted interim approval to this program in a rulemaking (60 FR 
57186) published on November 14, 1995. The interim approval notice 
described the conditions that had to be met in order for the Kentucky 
program to receive full approval. Interim approval of this program 
expires on December 1, 2001.

What Is Involved in This Final Action?

    The Kentucky Department of Environmental Protection has fulfilled 
the conditions of the interim approval granted on November 14, 1995. On 
September 12, 2001, EPA published a notice in the Federal Register (see 
66 FR 47428) proposing full approval of the Kentucky title V operating 
permit program, and proposing approval of other program revisions. 
Since EPA did not receive any comments on the proposal, this action 
promulgates final full approval of the Kentucky program and final 
approval of the other program changes described in the proposal.

Administrative Requirements

A. Docket

    Copies of the Kentucky submittal and other supporting documentation 
used in developing the final full approval are contained in docket 
files maintained at the EPA Region 4 office. The docket is an organized 
and complete file of all the information submitted to, or otherwise 
considered by, EPA in the development of this proposed full approval. 
The primary purposes of the docket are: (1) To allow interested parties 
a means to identify and locate documents so that they can effectively 
participate in the approval process, and (2) to serve as the record in 
case of judicial review. The docket files are available for public 
inspection at the location listed under the ADDRESSES section of this 
document.

B. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant regulatory action as defined in Executive 
Order 12866, and it does not involve decisions intended to mitigate 
environmental health or safety risks.

D. Executive Order 13132

    This rule does not have Federalism implications because it will 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, ``Federalism'' (64 FR 43255, 
August 10, 1999). This rule merely approves existing requirements under 
state law, and does not alter the relationship or the distribution of 
power and responsibilities between the state and the federal government 
established in the CAA.

E. Executive Order 13175

    This rule 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, 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000).

F. Executive Order 13211

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a 
significantly regulatory action under Executive Order 12866.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
conduct a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small governmental jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because operating permit program approvals 
under section 502 of the CAA do not create any new requirements but 
simply approve requirements that the state is already imposing. 
Therefore, because this approval does not create any new requirements, 
I certify that this action will not have a significant economic impact 
on a substantial number of small entities.

H. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action proposed does not 
include a federal mandate that may result in estimated costs of $100 
million or more to either state, local, or tribal governments in the 
aggregate, or to the private sector. This federal action approves pre-
existing requirements under state or local law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    In reviewing operating permit programs, EPA's role is to approve 
state

[[Page 54955]]

choices, provided that they meet the criteria of the CAA and EPA's 
regulations codified at 40 CFR part 70. In this context, in the absence 
of a prior existing requirement for the state to use VCS, EPA has no 
authority to disapprove an operating permit program for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews an operating permit program, to use VCS in place of an 
operating permit program that otherwise satisfies the provisions of the 
CAA. Thus, the requirements of section 12(d) of NTTAA do not apply.

J. Paperwork Reduction Act

    This action will not impose any collection of information subject 
to the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., other than those previously approved and assigned OMB control 
number 2060-0243. For additional information concerning these 
requirements, see 40 CFR part 70. An agency may not conduct or sponsor, 
and a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

K. Submission to Congress and the Comptroller General

    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. 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. 
804(2).

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

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

    Dated: October 22, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    For reasons set out in the preamble, Appendix A of part 70 of title 
40, chapter I, of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:


    Authority: 42 U.S.C. 7401 et seq.

    2. Appendix A to part 70 is amended by revising the entry for 
Kentucky to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

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Kentucky

    (a)(1) Kentucky Natural Resources and Environmental Protection 
Cabinet: Submitted on December 27, 1993, and supplemented on 
November 15, 1994, April 14, 1995, May 3, 1995, and May 22, 1995; 
interim approval expires on December 1, 2001.
    (2) Revision submitted on February 13, 2001. Rule revisions 
contained in the February 13, 2001 submittal adequately addressed 
the conditions of the interim approval which expires on December 1, 
2001. The Commonwealth is hereby granted final full approval 
effective on November 30, 2001.
    (b)(1) Air Pollution Control District of Jefferson County: 
submitted on February 1, 1994, and supplemented on November 15, 
1994, May 3, 1995, July 14, 1995, and February 16, 1996; full 
approval effective on April 22, 1996.
    (2) [Reserved]
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[FR Doc. 01-27362 Filed 10-30-01; 8:45 am]
BILLING CODE 6560-50-P