[Federal Register Volume 68, Number 132 (Thursday, July 10, 2003)]
[Rules and Regulations]
[Pages 41083-41085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17510]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY 139-200307(d); FRL-7526-3]


Approval and Promulgation of Implementation Plans for Kentucky: 
Source-Specific Revision for Lawson Mardon Packaging; Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is finalizing approval of a source-specific revision 
to the State Implementation Plan (SIP) of the Commonwealth of Kentucky. 
This revision allows Lawson Mardon Packaging, USA, Inc. to have an 
alternative compliance averaging period of 30 days instead of the 24-
hour averaging period previously specified in the approved SIP. This 
final rule addresses comments submitted in response to EPA's direct 
final rulemaking previously published for this action.

EFFECTIVE DATE: This rule will be effective August 11, 2003.

ADDRESSES: Copies of the Commonwealth's 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. (Michele Notarianni, 
404/562-9031, [email protected])
Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel Lane, 
Frankfort, Kentucky 40601-1403. (502/573-3382)

FOR FURTHER INFORMATION CONTACT: Michele Notarianni at address listed 
above or 404/562-9031 (phone) or [email protected] (e-mail).

SUPPLEMENTARY INFORMATION:
I. Today's Action
II. Background
III. Comment and Response
IV. Final Action
V. Statutory and Executive Order Reviews

I. Today's Action

    In this final rulemaking, EPA is responding to comments received in 
response to a direct final rule and simultaneous proposed rule to 
approve a source-specific revision to the Kentucky SIP allowing Lawson 
Mardon Packaging, USA, Inc. (LMP) located in Shelby County, Kentucky, 
to have an alternative compliance averaging period for emissions of 
volatile organic compounds (VOCs). The proposal would allow an 
averaging period of 30 days instead of the 24-hour averaging period 
previously specified in the approved SIP.

II. Background

    On December 18, 2002, EPA simultaneously published a proposed rule 
(67 FR 77463) and a direct final rule (67 FR 77430) to approve a 
source-specific revision to the Kentucky SIP which allows LMP to have 
an alternative compliance averaging period of 30 days for VOC emissions 
instead of the 24-hour averaging period specified by SIP-approved 
Kentucky air quality regulations 59:210 and 59:212. EPA received 
adverse comment during the 30-day comment period and therefore withdrew 
the direct final rule on February 10, 2003 (see 68 FR 6629). This final 
rule addresses the comment on the proposed rule.

III. Comment and Response

    EPA received one adverse comment submitted by the Coalition for 
Health Concern in Benton, Kentucky. A summary of the adverse comment 
and EPA's response is provided below.
    Comment: The Coalition for Health Concern opposes the change in the 
VOC compliance averaging period for LMP due to concern over the health 
effects of dioxins and furans. The Coalition stated, ``No amount of 
additional exposure is safe to humans or animals.''
    Response: The Clean Air Act (CAA) establishes several, separate 
programs to address different types of air pollution. The SIP program 
addresses emissions that impact an area's ability to attain or maintain 
national ambient air quality standards (NAAQS), such as the ozone 
standard. Under the CAA, EPA promulgates the NAAQS and states are then 
provided the discretion to develop plans to attain and maintain the 
NAAQS. If a state plan meets these criteria of the Act, EPA must 
approve the plan and cannot mandate the choices that the state makes to 
meet these goals. Separate provisions include other programs, such as 
the program to address the emission of hazardous air pollutants.
    This final action approves a revision to the compliance averaging 
period for emissions of VOCs, which are regulated under the SIP for the 
purpose of attaining and maintaining the 1-hour ozone NAAQS. EPA has 
reviewed this SIP revision and determined that it will not interfere 
with the area's ability to attain and maintain the NAAQS. (See direct 
final rule: 67 FR 77430, December 18, 2002.)
    Dioxins and furans are hazardous air pollutants (HAPs). HAPS are 
regulated under section 112 of the CAA and regulations that EPA has 
promulgated pursuant to section 112 of the Act. These regulations (and 
LMP's compliance with the regulations) are not relevant for purposes of 
this rulemaking, which only concerns compliance with the NAAQS. EPA has 
established a control regulation--Maximum Achievable Control Technology 
(MACT) standard--for the printing and publishing industry that applies 
to any facility that is a major source of HAPs. 40 CFR part 63, subpart 
KK. LMP is subject to the MACT for the printing and publishing industry 
because it is a major source of HAPs. LMP's title V permit reflects the 
applicable requirements that apply pursuant to subpart KK.

IV. Final Action

    The EPA is finalizing approval of a source-specific revision to the 
Kentucky SIP which allows LMP to have an alternative compliance 
averaging period for VOC emissions of 30 days instead of the 24-hour 
averaging period specified in the approved SIP. EPA is approving the 
aforementioned changes to the SIP because they are consistent with 
Agency policy and guidance.

V. 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

[[Page 41084]]

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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding this action under section 801 because 
this is a rule of particular applicability.
    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 September 8, 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 26, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

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Part 52 of chapter I, title 40, Code of Federal Regulations, is amended 
as follows:

PART 52--[AMENDED]

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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(d) is amended by adding a new entry at the end of the 
table to read as follows:


Sec.  52.920  Identification of plan.

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    (d) * * *

                               EPA-Approved Kentucky Source-Specific Requirements
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                                                                                              Federal Register
        Name of source          Permit number   State effective date    EPA approval date          notice
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                                                  * * * * * * *
Lawson Mardon Packaging, USA,  N/A............  8/11/03               7/10/03               [Insert FR page
 Inc..                                                                                       citation]
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[FR Doc. 03-17510 Filed 7-9-03; 8:45 am]
BILLING CODE 6560-50-P