[Federal Register Volume 68, Number 121 (Tuesday, June 24, 2003)]
[Rules and Regulations]
[Pages 37418-37420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15660]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-142, 144-200330, FRL-7516-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Kentucky on February 28, 2003. This 
submittal revises the new source set-aside program by altering the 
methodology for distributing nitrogen oxides allowances. Rather than 
grant allowances, the Commonwealth of Kentucky will sell them. This 
revision also includes clarification language and changes to 
definitions.

EFFECTIVE DATE: This final rule is effective on July 24, 2003.

ADDRESSES: Copies of Kentucky's submittals and other information 
relevant to this action are available for

[[Page 37419]]

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.
    Persons wanting to examine these documents should make an 
appointment at least 24 hours before the visiting day and reference 
files KY-142.

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: On February 28, 2003, the Commonwealth of 
Kentucky's Natural Resources and Environmental Protection Cabinet 
submitted revisions to EPA that revises definitions and the new source 
set-aside program by altering the methodology for distributing nitrogen 
oxides (NOX) allowances. The Commonwealth of Kentucky has 
revised their new source set-aside program and will sell the allowances 
that were previously reserved to allocate to new electric generating 
units (EGUs). The Commonwealth will continue to reserve an established 
percentage of the non-EGU budget for new non-EGU units. This is a 
clarification from the proposal notice in which we previously indicated 
that the new source set-asides for both EGUs and non-EGUs would be 
sold.

I. Final Action

    EPA is approving the aforementioned changes to the SIP because the 
revisions are consistent with Clean Air Act and EPA regulatory 
requirements. A detailed description of this SIP revision and EPA's 
rationale for approving it was provided in the proposed notice and will 
not be restated here. No significant or adverse comments were received 
on EPA's proposal.

II. Statutory and Executive Order Reviews

    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 August 25, 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, Reporting and recordkeeping 
requirements.

    Dated: June 6, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Chapter I, title 40, Code of Federal Regulations, is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

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2. Section 52.920(c) is amended by revising entries for ``401 KAR 
51:001'' and ``401-KAR-51:160'' to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *.

[[Page 37420]]



                                 EPA-Approved Kentucky Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
                                                        State
         Regulation                Title/subject      effective      EPA approval date        Federal Register
                                                         date                                      notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
-----------------------------
                            Chapter 51 New Source Requirements; Non-Attainment Areas
----------------------------------------------------------------------------------------------------------------
401 KAR 51:001..............  Definitions...........   12/18/02  6/24/03.................  [Insert Federal
                                                                                            Register cite for
                                                                                            this publication].
 
                                                  * * * * * * *
-----------------------------
401 KAR 51:160..............  NOX Requirements for     12/18/02  6/24/03.................  [Insert Federal
                               Large Utility and                                            Register cite for
                               Industrial Boilers.                                          this publication].
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[FR Doc. 03-15660 Filed 6-23-03; 8:45 am]
BILLING CODE 6560-50-P