[Federal Register Volume 67, Number 70 (Thursday, April 11, 2002)]
[Proposed Rules]
[Page 17669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8684]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-123; KY-123-1; KY 137-200218(b); FRL-7169-8]


Approval and Promulgation of Implementation Plans: Kentucky: 
Nitrogen Oxides Budget and Allowance Trading Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision 
that was submitted by the Commonwealth of Kentucky (Kentucky) on 
January 31, 2002. This revision responds to EPA's regulation entitled, 
``Finding of Significant Contribution and Rulemaking for Certain States 
in the Ozone Transport Assessment Group Region for Purposes of Reducing 
Regional Transport of Ozone,'' otherwise known as the ``NOX 
SIP Call.'' This revision establishes and requires nitrogen oxides 
(NOX) reduction requirements and an allowance trading 
program for large electric generating and industrial units, beginning 
in 2004. It also establishes and requires NOX reduction 
requirements for cement kilns beginning in 2004. The revision includes 
a budget demonstration and initial source allocations that clearly 
demonstrate that Kentucky will achieve the required NOX 
emission reductions in accordance with the timelines set forth in EPA's 
NOX SIP Call. The intended effect of this SIP revision is to 
reduce emissions of NOX in order to help attain the national 
ambient air quality standard for ozone. EPA is approving Kentucky's 
NOX Reduction and Trading Program because it meets the 
requirements of the Phase I NOX SIP Call that will 
significantly reduce ozone transport in the eastern United States.
    EPA is also approving several revisions to existing regulation 401 
KAR 51:001 (Definitions for 401 KAR Chapter 51) that do not address 
NOX SIP Call requirements, but fulfill other Kentucky 
statutory requirements. In the Final Rules Section of this Federal 
Register, the EPA is approving the Kentucky NOX SIP revision 
as a direct final rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If no significant, material, and adverse comments 
are received in response to this rule, no further activity is 
contemplated. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this rule. The EPA will not institute 
a second comment period on this document. Any parties interested in 
commenting on this document should do so at this time.

DATES: Written comments must be received on or before May 13, 2002.

ADDRESSES: All comments should be addressed to: Sean Lakeman; 
Regulatory Development Section; Air Planning Branch; Air, Pesticides 
and Toxics Management Division; U.S. Environmental Protection Agency 
Region 4; 61 Forsyth Street, SW; Atlanta, Georgia 30303-8960. Copies of 
Kentucky's submittals and other information relevant to this action are 
available for inspection during normal business hours at the following 
addresses: 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, Kentucky, 40601-1403.
    The interested persons wanting to examine these documents should 
make an appointment at least 24 hours before the visiting day and 
reference files KY-123, KY-123-1 and KY-137.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman; Regulatory Development 
Section; Air Planning Branch; Air, Pesticides and Toxics Management 
Division; U.S. Environmental Protection Agency Region 4; 61 Forsyth 
Street, SW.; Atlanta, Georgia 30303-8960. Mr. Lakeman can also be 
reached by phone at (404) 562-9043 or by electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule which is published in the Rules Section of this Federal 
Register.

    Dated: April 1, 2002.
A. Stanley Meiburg,
 Acting Regional Administrator, Region 4.
[FR Doc. 02-8684 Filed 4-10-02; 8:45 am]
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