[Federal Register Volume 67, Number 223 (Tuesday, November 19, 2002)]
[Rules and Regulations]
[Pages 69688-69690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29179]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-138; KY-140; KY-141-200303(a); FRL-7409-1]


Approval and Promulgation of Implementation Plans for Kentucky: 
Approval of Revisions to the Jefferson County Portion of the Kentucky 
State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On February 19, 2002, June 16, 2002, and July 15, 2002 the 
Kentucky Natural Resources and Environmental Protection Cabinet 
(Cabinet) submitted revisions to the Jefferson County portion of the 
Kentucky State Implementation Plan (SIP). The Revisions pertain to 
definitions, portland cement kilns, abbreviations and acronyms, and 
solvent metal cleaning.

DATES: This direct final rule is effective January 21, 2003 without 
further notice, unless EPA receives adverse comment by December 19, 
2002. 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: All comments should be addressed to: Scott Martin, Air 
Planning Branch, U.S. Environmental Protection Agency Region 4, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
    Copies of the submittal are available at the following addresses 
for inspection during normal business hours:

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. (502/573-3382)
Air Pollution Control District of Jefferson County, 850 Barrett 
Avenue--Suite 200, Louisville, Kentucky 40204. (502/574-6000)

FOR FURTHER INFORMATION CONTACT: Scott Martin, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9036. Mr. Martin can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Today's Action
II. Background
III. Final Action
IV. Administrative Requirements

I. Today's Action

    The EPA is approving into the Jefferson County portion of the 
Kentucky SIP revisions which were submitted on February 19, 2002, June 
6, 2002, and July 15, 2002.

II. Background

Description of Revisions Submitted on February 19, 2002

    Regulation 1.02 ``Definitions'' was revised to amend the current 
version to ensure consistency with with current definitions used by EPA 
and to remove definitions that are no longer used by Jefferson County.

Description of Revisions Submitted on June 6, 2002

    Regulation 6.50 ``NOX Requirements for Portland Cement 
Kilns'' is being added by Jefferson County to incorporate the 
requirements of Kentucky Division for Air Quality (DAQ) regulation 401 
KAR 51.170 NOX Requirements for cement kilns. The Kosmos 
Cement Company (Kosmos), which is located in Jefferson County, is the 
only company in the Commonwealth of Kentucky that has a Portland cement 
kiln. Thus, this regulation applies only to Kosmos.

Description of Revisions Submitted on July 15, 2002

    Regulation 1.03 ``Abbreviations and Acronyms'' is being amended to 
make technical corrections to the abbreviations and acronyms, add new

[[Page 69689]]

abbreviations and acronyms, and remove abbreviations and acronyms that 
are no longer used.
    Regulation 1.19 ``Administrative Hearings'' is being added. This 
regulation is being added to establish an administrative hearing 
process for resolving alleged violations and providing an opportunity 
to be heard for persons who consider themselves aggrieved by actions on 
orders or permits.
    Regulation 6.18 ``Standards of Performance for Existing Solvent 
Metal Cleaning Equipment'' is being revised. The main purpose of the 
action is to remove requirements that are no longer applicable. In 
early 2000, a requirement was added that specified that after March 1, 
2000, no solvent with a vapor pressure greater than 1 mm Hg may be sold 
for or used in cold cleaners in Jefferson County. Because the cold 
cleaner material compliance date is now in the past, other requirements 
for solvents with haigher vapor pressures are no longer applicable, and 
therefore may be removed.
    Another purpose of the action is to combine Regulation 7.18 
``Standards of Preformance for New Solvent Metal Cleaning Equipment'' 
with Regulation 6.18 because both regulations have identical 
requirements and differ only in the applicability to existing or newly 
affected facilities. By combining these regulations, Regulation 7.18 is 
no longer needed and is being repealed.

III. Final Action

    The EPA is approving the revisions to the Jefferson County portion 
of the Kentucky SIP. The EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
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 adverse comments be filed. This rule will be effective 
January 21, 2003 without further notice unless the Agency receives 
adverse comments by December 19, 2002.
    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. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on January 21, 2003 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. 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 (Pub. L. 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 Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health 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 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. 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. 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).
    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 January 21, 2003. 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.


[[Page 69690]]


    Dated: October 31, 2002.
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 for 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 by revising the entries for ``1.02, 
1.03 and 6.18;'' adding two new entries in numerical order for ``1.19 
and 6.50,'' and removing the entry for ``7.18;'' to read as follows:


Sec.  52.920  Identification of plan.

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    (c) * * *

                             EPA-Approved Jefferson County Regulations for Kentucky
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                                                         EPA approval                                District
           Reg                    Title/subject              date        Federal Register notice  effective date
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          Reg 1           General Provisions. . . .
 
                                                  * * * * * * *
1.02....................  Definitions.................        12/19/02  [insert FRN publication]        12/19/01
1.03....................  Abbreviations and Acronyms..        12/19/02  [insert FRN publication]         5/15/02
 
                                                  * * * * * * *
1.19....................  Administrative Hearings.....        12/19/02  [insert FRN publication]         5/15/02
 
                                                  * * * * * * *
          Reg 6           Standards of Performance for Existing Affected Facilities. . . .
 
                                                  * * * * * * *
6.18....................  Standards of Performance for        12/19/02  [insert FRN publication]         5/15/02
                           Existing Solvent Metal
                           Cleaning Equipment.
 
                                                  * * * * * * *
6.50....................  NOX Requirements for                12/19/02  [insert FRN publication]         3/20/02
                           Portland Cement Kilns.
 
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[FR Doc. 02-29179 Filed 11-18-02; 8:45 am]
BILLING CODE 6560-50-P