[Federal Register Volume 66, Number 120 (Thursday, June 21, 2001)]
[Proposed Rules]
[Pages 33216-33224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15616]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY-103-; KY-107-; KY-110-; KY-114-; KY-115-; KY-122-9817(b); FRL-6999-
3]
Approval and Promulgation of Air Quality Implementation Plans;
Kentucky; Approval of Revisions to State Implementation Plan; Revised
Format for Materials Being Incorporated by Reference for Jefferson
County, KY
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the Jefferson County
portion of the Kentucky State Implementation Plan (SIP). The revisions
were submitted to EPA on February 3, 1998; September 22, 1998; February
11, 1999; May 21, 1999; July 20, 1999; and September 22, 2000 by the
Commonwealth of Kentucky through the Kentucky Natural Resources and
Environmental Protection Cabinet. These submittals include
miscellaneous rule revisions and the recodification of Jefferson County
regulations.
EPA is also proposing to revise the format of 40 CFR part 52 for
materials submitted by the Commonwealth of Kentucky that are
incorporated by reference (IBR) into the Jefferson County portion of
the Kentucky SIP. The regulations affected by this format change have
all been previously submitted by the Commonwealth of Kentucky pursuant
to revisions to the Jefferson County SIP and either previously approved
by EPA or proposed for approval in this Federal Register. This format
revision will primarily affect the ``Identification of plan'' section
of CFR part 52, as well as the format of the SIP materials that will be
available for public inspection at the Office of the Federal Register
(OFR), the Air and Radiation Docket and Information Center located in
Waterside Mall, Washington, D.C., and the Regional Office. The sections
of 40 CFR part 52 pertaining to provisions promulgated by EPA or State-
submitted materials that are not subject to IBR remain unchanged.
DATES: To be considered, comments must be received by July 23, 2001.
ADDRESSES: Written comments on this proposed action should be addressed
to Allison Humphris, Regulatory Planning Section, Air Planning Branch,
U.S. Environmental Protection Agency Region 4, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-8960.
Copies of documents relative to this action are available for
public inspection during normal business hours at the following
locations:
U.S. Environmental Protection Agency; Region 4 Air Planning Branch; 61
Forsyth Street, SW; Atlanta, Georgia 30303-8960
Commonwealth of Kentucky, Natural Resources and Environmental
Protection Cabinet; Division for Air Quality; 803 Schenkel Lane;
Frankfort, Kentucky 40601-1403
Air Pollution Control District of Jefferson County; 850 Barrett Avenue;
Louisville, Kentucky 40204
The interested persons wanting to examine these documents should
make an appointment with the appropriate office at least 24 hours
before the visiting day and reference files KY-103, KY-107, KY-110, KY-
114, KY-115, KY-122. The Region 4 office may have additional background
documents not available at the other locations.
FOR FURTHER INFORMATION CONTACT: Allison Humphris, Regulatory Planning
Section, Air Planning Branch, U.S. Environmental Protection Agency
Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960, 404/562-
9030, ([email protected]).
SUPPLEMENTARY INFORMATION: The supplemental information is organized in
the following order.
I. Rule Revisions Being Proposed for Approval By EPA in This Action.
A. February 3, 1998 and September 22, 1998 Submittals
B. February 11, 1999 Submittal
C. May 21, 1999 Submittal
D. July 20, 1999 Submittal
E. September 22, 2000 Submittal
II. Revised IBR Format Being Proposed for Approval By EPA in This
Action.
A. Background
B. Content of Revised IBR Document
C. Revised Format of the ``Identification of plan'' Sections in
Each Subpart
D. Enforceability and Legal Effect
III. Administrative Requirements
I. Rule Revisions Being Proposed for Approval By EPA in This Action
The Commonwealth of Kentucky, through the Kentucky Natural
Resources and Environmental Protection Cabinet, submitted to EPA
revisions to the Jefferson County portion of the SIP on February 3,
1998, September 22, 1998, February 11, 1999, May 21, 1999, July 20,
1999 and September 22, 2000. The revisions include updates and
modifications of the Jefferson County regulations. The recodification
renumbers Jefferson County rule sections to make the SIP less complex
and corrects typographical errors, capitalization, spelling, and
punctuation.
[[Page 33217]]
A. February 3, 1998 and September 22, 1998 Submittals
On February 3, 1998 and September 22, 1999, the Commonwealth of
Kentucky submitted revisions to the Jefferson County portion of the
Kentucky SIP. EPA is proposing to approve the following changes to the
rules listed below which also include a recodification of the rules.
Regulation 1.02 Definitions--This revision adds definitions of the
terms: ``Act;'' ``Cabinet;'' ``Department;'' ``Division;'' ``Federally
enforceable District origin operating permit;'' ``Fugitive emissions;''
``Generally Achievable Control Technology;'' ``Hazardous air
pollutant;'' ``Maximum Achievable Control Technology;'' ``Potential
Hazardous Emission;'' ``Reasonable available control technology;''
``Toxic Air Pollutant.'' The revision amends the following definitions
``Major Source;'' ``Organic Material;'and ``Potential to emit.'' The
revision also amends the definition of ``Volatile organic compounds''
to include additional exempted organic compounds to be consistent with
the federal definition. The revised definition states that the
following organic compounds have been determined to have negligible
photochemical reactivity: Methane; ethane; methylene chloride
(dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-
trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-
11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22);
trifluoromethane (HFC-23); 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-
114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-
dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-
dichloro-1-fluoroethane (HCFC-141b); 1-chloro-1,1-difluoroethane (HCFC-
142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane
(HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane
(HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride
(PCBTF); cyclic, branched, or linear completely methylated siloxanes;
acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-
1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-
pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane
(HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161);
1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane
(HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-
pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-
245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-
pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1-
chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane
(HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3); 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5); 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5
); and perfluorocarbon compounds which fall into these classes: (1)
Cyclic, branched, or linear, completely fluorinated alkanes, (2)
Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations, (3) Cyclic, branched, or linear, completely fluorinated
tertiary amines with no unsaturations, and (4) Sulfur containing
perfluorocarbons with no unsaturations and with sulfur bonds only to
carbon and fluorine. The revision also makes various word structure
changes to add clarity.
Regulation 1.04 Performance Tests--This revision identifies the
appropriate citations for the federal performance standards and test
methods that Jefferson County must satisfy which include 40 CFR part
60, 40 CFR part 61, 40 CFR part 63, 40 CFR part 61, appendix B, and 40
CFR part 63, appendix A. The revision includes the requirement for a
facility to notify the Air Pollution Control District of Jefferson
County (District) at least 25 working days prior to the projected
starting date and 10 working days prior to the scheduled starting date
for a performance test. The revision also adds language that allows the
District to waive the advance notice requirement if certification of a
continuous emission monitoring system is needed, and grants the
District authority to waive the following in the event of an emergency
or malfunction: notice of intent to test, the pre-test survey and
conference, and the prior notice of the scheduled starting date for the
performance test. The revision also makes various sentence and word
structure changes to add clarity.
B. February 11, 1999 Submittal
On February 11, 1999, the Commonwealth of Kentucky submitted
miscellaneous revisions to the Jefferson County portion of the Kentucky
SIP. EPA is proposing to approve the following changes to the rules
listed below which also include a recodification of the rules.
Regulation 1.03 Abbreviations and Acronyms--This revision makes
various revisions to distinguish between abbreviations and acronyms.
Regulation 1.07 Emissions During Startups, Shutdowns, Malfunctions
and Emergencies--This revision adds the definition of ``Emergency.''
The District regulation will not take precedence over federal rule
requirements, thus an exceedance during startups, shutdowns,
malfunctions, or emergencies would be a violation. The rule states that
a company must meet the revised applicable reporting requirements
prescribed in this regulation to meet the requirements of an
affirmative defense. If there is an exceedance episode and the
reporting requirements are met but the federal regulation is violated,
compliance with the District regulation can be used as an affirmative
defense if legal action is taken against the company as a result of the
violation.
Regulation 1.08 Administrative Procedures--This revision
establishes the procedures for the adoption or amendment of a
regulation in order to meet statutory requirements;
Regulation 1.09 Prohibition of Air Pollution--This revision adds
language to strengthen the District's regulatory enforcement against
harmful emission discharges and nuisances of the criteria pollutants
that can potentially endanger health and safety.
Regulation 1.11 Control of Open Burning--This revision allows
limited open burning for debris removal necessitated by acts of God and
general agricultural burning. It replaces Regulations 6.06 Control of
Open Burning and Regulation 7.05 Control of Open Burning.
Regulation 1.14 Control of Fugitive Particulate Emissions--This
revision requires District approval of a fugitive dust plan for unpaved
roads and grants the District authority to request a traffic count on
unpaved roads to determine if preventative measures are necessary. The
revision adds the requirement that a person planning to take part in
open burning activities must notify the District in writing prior to
operation and shall not disturb more total surface area than one acre
of land in the aggregate unless fugitive dust abatement and
preventative measures are implemented. The revision also adds the
requirement for District notification of any demolition, wrecking or
moving of structures and replaces Regulation 6.05 Control of Fugitive
Particulate Emissions and Regulation 7.04 Control of Fugitive
Particulate Emissions.
[[Page 33218]]
Regulation 2.02 Air Pollution Regulation Requirements and
Exemptions--The amendments to this regulation exempt specific emission
units from permit requirements which comprise the insignificant list of
the Title V operating permit program. Examples of the added exempted
emission units include, but are not limited to: facilities using only
peanut oil, sunflower oil, cottenseed oil, or canola oil; passive soil
or ground water contamination remediation projects; indoor dust or
particulate collectors; cold solvent parts cleaners that are equipped
with a functional secondary reservoir; portable diesel or gasoline
storage tanks with a maximum capacity of less than 500 gallons; storage
vessels for VOCs with a maximum capacity of 250 gallons or less; diesel
or fuel oil storage tanks not used for distribution or sale that have
less than two times the capacity of the vessel in annual fluid
turnoverall; pressurized VOC storage vessels; and Research and
Development facilities. For a complete list of exempted facilities
refer to Regulation 2.02.
Regulation 2.06 Permit Requirements--Other Sources--The revision
makes minor word structure changes to add clarity.
Regulation 2.07 Public Notification for Title V, PSD, and Offset
Permits; SIP Revisions; and Use of Emission Reduction Credits--The
amendments to Regulation 2.07 establish the requirements for the
District to provide public notice, opportunity for public comment,
review by EPA and affected states, and a public hearing on Title V
permit actions and the issuance of permits; and these revisions are
pursuant compliance of CAA section 502(b)(6) and 40 CFR 70.7-8.
Regulation 2.10 Stack Height Considerations--The revision amends
the definitions of ``Dispersion technique,'' ``Excessive
concentration,'' ``Good engineering practice,'' and ``Stack in
existence'' to be consistent with Federal definitions. The revision
also adds the definitions of ``Emission limitation or emission
standard,'' ``Nearby,'' and ``Stack.'' The revision amends the
procedures for which stack heights shall be considered in determining
compliance of an affected source. The revision makes minor word and
sentence structure changes to add clarity and consistency with EPA
definitions.
Regulation 3.04 Ambient Air Quality Standards--This amendment
implements the 0.12 part per million federal ozone standard in
accordance with 40 CFR part 50, appendix H. It also revises Particulate
Matter (PM) to define PM10 for both primary and secondary standards in
accordance with 40 CFR part 50, appendix K.
Regulation 4.07 Episode Reporting Requirements--The revision makes
minor word structure changes to add clarity.
Regulation 6.01 General Provisions--The revisions establish the
general provisions for the application of standards of performance for
existing affected facilities and the requirement for performance tests
according to Regulation 1.04 Performance Tests.
Regulation 6.02 Emission Monitoring for Existing Sources--This
revision adds ``petroleum refinery'' to the list of source categories
that are subject to continuous emission monitoring and removes ``fluid
bed catalytic cracking unit catalyst regenerators'' because there are
no operating refineries with a fluid bed catalytic cracking unit
catalyst regenerator in the District. This revision also adds the
requirement for additional monitoring equipment for petroleum
refineries and makes minor sentence and word structure changes to add
clarity.
Regulation 6.17 Standard of Performance for Existing Automobile
and Truck Surface Coating Operations--This revision adds the definition
of ``Truck'' to clarify the meaning used in the regulation.
Regulation 7.25 Standard of Performance for New Sources Using
Volatile Organic Compounds--This revision amends the definitions of
``Affected facility,'' ``Potential emissions,'' and ``Volatile organic
compound.'' The revision requires affected facilities to be equipped
with and utilize best available control technology (BACT) as determined
at the time of the District review of the construction permit and makes
minor word and sentence structure changes to add clarity.
This action proposes to remove the Hazardous Air Pollutant
Standards (HAPS) listed below from the federally-approved SIP because
these regulations were incorrectly approved into the SIP. EPA enforces
HAPS pursuant to 40 CFR parts 61 and 63, therefore the rules should not
be included in the federally-approved SIP.
Regulation 5.01 Standards for Hazardous Air Pollutants--General
Provisions,
Regulation 5.02 Definitions,
Regulation 5.03 Potential Hazardous Emissions,
Regulation 5.04 Emission Standards for Asbestos,
Regulation 5.05 Emission Standard for Beryllium,
Regulation 5.06 Emission Standard for Mercury,
Regulation 5.07 Emission Standard for Beryllium Rocket Motor Firing,
and
Regulation 5.08 Emission Standards for Vinyl Chloride.
Jefferson County requested EPA to remove the following regulations.
Therefore, this action proposes to remove these regulations from the
federally-approved SIP.
Regulation 2.08 Emission Fees, Permit Fees, and Permit Renewal
Procedures--The regulation was incorrectly approved into the SIP. EPA
has determined that the Agency does not enforce the collection of
emission and permit fees, therefore the rule should not have been
approved into the SIP.
Regulation 6.03 Control of Nuisances--The regulation was
incorrectly approved into the SIP. EPA has determined that the Agency
does not enforce the control of nuisances, therefore the rule should
not have been approved into the SIP. The District has moved the
requirements of this regulation to Regulation 1.12 Control of Nuisances
and subsequently, EPA is proposing to remove Regulation 6.03 from the
federally-approved SIP. Regulation 1.12 is not included in the
federally-approved SIP because it is not related to the District's
compliance with the National Ambient Air Quality Standards (NAAQS).
Regulation 6.04 Control of Objectionable Odors in the Ambient
Air--The regulation was incorrectly approved into the SIP. EPA has
determined that the Agency does not enforce the control of odors,
therefore the rule should not have been approved into the SIP. The
District has moved the requirements of this regulation to Regulation
1.13 Control of Objectionable Odors in the Ambient Air and
subsequently, EPA is proposing to remove Regulation 6.04 from the
federally-approved SIP. Regulation 1.13 is not included in the
federally-approved SIP because it is not related to the District's
compliance with the NAAQS.
Regulation 6.05 Control of Fugitive Particulate Emissions--The
District has moved the requirements of this regulation to Regulation
1.14 Control of Fugitive Particulate Emissions and subsequently, EPA is
proposing to remove this regulation from the federally-approved SIP.
Regulation 6.06 Control of Open Burning--The District has moved
the requirements of this regulation to Regulation 1.11 Control of Open
Burning and subsequently, EPA is
[[Page 33219]]
proposing to remove Regulation 6.06 from the federally-approved SIP.
Regulation 6.23 Standard of Performance for Existing Dry Cleaning
Facilities--The District has removed the requirements of this
regulation from the SIP pursuant to the publication of a Federal
Register notice on February 7, 1996, (61 FR 4588) in which EPA adds
perchloroethylene, also known as tetrachloroethylene, to the list of
compounds excluded from the definition of VOC. The effective date of
this rule was March 6, 1996. Perchloroethylene continues to be
regulated as a hazardous air pollutant (HAP) under section 112 of the
CAA. Therefore EPA is proposing to remove Regulation 6.23 from the
federally-approved SIP.
Regulation 7.04 Control of Fugitive Particulate Emissions--The
District has moved the requirements of this regulation to Regulation
1.14 Control of Fugitive Particulate Emissions and subsequently, EPA is
proposing to remove Regulation 7.04 from the federally-approved SIP.
Regulation 7.05 Control of Open Burning--The District has moved
the requirements of this regulation to Regulation 1.11 Control of Open
Burning and subsequently, EPA is proposing to remove Regulation 7.05
from the federally-approved SIP.
C. May 21, 1999 Submittal
On May 21, 1999, the Commonwealth of Kentucky submitted the
following revisions to the Jefferson County portion of the Kentucky
SIP. EPA is proposing to approve the following changes to the rules
listed below which also include a recodification of the rules.
Regulation 1.01 General Application of Regulations and Standards--
This revision makes various sentence and word structure changes to add
clarity.
Regulation 1.06 Source Self-Monitoring and Reporting--This
amendment requires a formal certification by a prescribed ``responsible
official'' of the required reporting information submitted to the
District pursuant to this regulation and makes various sentence and
word structure changes to add clarity.
Regulation 2.03 Permit Requirements--Non-Title V Construction and
Operating Permits and Demolition/Renovation Permits--This revision adds
the requirement for an asbestos demolition or renovation abatement
project permit to be issued by Jefferson County before a facility is
allowed to proceed with destruction. This revision grants the District
the option of choosing whether or not to hold a hearing and allows an
aggrieved person to request a hearing for a non-Title V permit proposal
(e.g. construction of new equipment, operation of facilities, and
demolition and renovation of asbestos containing materials).
Regulation 6.09 Standards of Performance for Existing Process
Operations--This revision adds the definition ``Reasonably Available
Control Technology.'' The revision rectifies the date gap between an
existing source (July 2, 1975) and a new source (September 1, 1976).
The amendment also adds the opacity standard and mass emission standard
and makes language simplifications and technical corrections to add
clarity.
Regulation 6.10 Standard of Performance for Existing Process Gas
Streams--This amendment includes the performance tests required to be
used to demonstrate compliance and the requirement that performance
tests shall be conducted according to 40 CFR part 60 Reference Method
11 for hydrogen sulfide and Reference Method 6 for sulfur dioxide. The
revision also makes various sentence and word structure changes to add
clarity.
Regulation 6.14 Standard of Performance for Selected Existing
Petroleum Refining Processes and Equipment--This revision makes various
word structure changes to add clarity.
Regulation 6.20 Standard of Performance for Existing Bulk Gasoline
Plants--This amendment adds mandatory provisions to permit loading of a
tank truck or trailer at bulk gasoline plants in Jefferson County which
include the following: a vapor balance system, a pressure tap, an
emission monitor during loading operations, and a valid Kentucky
pressure-vacuum test sticker. The revision also makes various word
structure changes to add clarity.
Regulation 6.21 Standard of Performance for Existing Gasoline
Loading Facilities at Bulk Terminals--This amendment adds mandatory
provisions to permit loading of a tank truck or trailer at bulk
gasoline terminals in Jefferson County which include the following: a
vapor balance system, a pressure tap, an emission monitor during
loading operations, and a valid Kentucky pressure-vacuum test sticker.
The revision adds test procedure requirements as defined in EPA's
documents ``Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals'' and ``Control of Volatile Organic Compound Leaks from
Gasoline Tank Trucks and Vapor Collection Systems.'' The revision also
makes various word structure changes to add clarity.
Regulation 6.22 Standard of Performance for Existing Volatile
Organic Materials Loading Facilities--This revision makes various
sentence and word structure changes to add clarity.
Regulation 6.24 Standard of Performance for Existing Sources Using
Organic Materials--This revision makes various sentence and word
structure changes to add clarity.
Regulation 6.31 Standard of Performance for Existing Miscellaneous
Metal Parts and Products Surface-Coating Operations--The amendments to
the rule replaces the 85 percent efficiency requirement and bases the
new standard on mass of VOC per unit volume of coating applied for
various coating types. The revision also adds the definition ``Extreme
performance coating'' and the revision makes various sentence and word
structure changes to add clarity.
Regulation 6.39 Standard of Performance for Equipment Leaks of
Volatile Organic Compounds in Existing Synthetic Organic Chemical and
Polymer Manufacturing Plants--This revision adds the exemption of
facilities that are also subject to 40 CFR part 63, subpart H to
eliminate duplication of requirements and makes various sentence and
word structure changes to add clarity.
Regulation 6.42 Reasonably Available Control Technology
Requirements for Major Volatile Organic Compound-and Nitrogen Oxides-
Emitting Facilities--This revision adds the requirement that District-
approved site-specific NOX RACT plans pursuant to this regulation must
be submitted to EPA as a site-specific SIP revision. The revision
includes the reference to pertinent District and federal regulations
intended to establish RACT requirements for VOC emitting sources and
makes various sentence and word structure changes to add clarity.
Regulation 6.44 Standards of Performance for Existing Commercial
Motor Vehicle and Mobile Equipment Refinishing Operations--This
revision amends the definition of ``Group I vehicles and equipment'' to
include camper shells, pick-up truck toppers, and light and medium duty
trailers that require special color-matched coatings and adds the
definitions of ``Large-sized truck'' and ``Small-sized truck.'' The
revision establishes the VOC content of surface cleaners and the proper
usage and dispensing techniques. The amendment revises the equipment
standards and operation requirements for all coating operators that use
more than 25 gallons of coatings per year to include proper ventilation
of coating
[[Page 33220]]
operation areas. The revision also makes various sentence and word
structure changes to add clarity.
Regulation 6.46 Standards of Performance for Existing Ferroalloy
and Calcium Carbide Production Facilities--This revision adds a new
regulation which establishes the provisions for the control of
emissions from existing ferroalloy and calcium carbide production
facilities.
Regulation 7.06 Standards of Performance for New Indirect Heat
Exchangers--This revision makes various sentence and word structure
changes to add clarity.
Regulation 7.07 Standard of Performance for New Incinerators--This
amendment clarifies that this regulation does not apply to any medical
waste incinerator, existing or new, as defined in Jefferson County
local Regulations 6.41 or 7.78 and any new municipal solid waste
incinerator as defined in Regulation 7.76. The amendment includes a
provision that no owner or operator of an affected facility up to 499
lbs/hr capacity shall cause any gases to be discharged into the
atmosphere which contain particulate matter in excess of 0.45 g/dscm
(0.20 gr/dscf) corrected to 12% carbon dioxide excluding the
contribution of carbon dioxide from auxiliary fuel. The revision also
makes various sentence and word structure changes to add clarity.
Regulation 7.08 Standards of Performance for New Process
Operations--This revision rectifies the date gap between an existing
source (July 2, 1975) and a new source (September 1, 1976) and makes
language simplifications and technical corrections to add clarity.
Regulation 7.09 Standards of Performance for New Process Gas
Streams--This revision amends the standard for hydrogen sulfide to
prohibit the combustion of a process gas stream containing hydrogen
sulfide with a concentration greater than 10 grains per 100 dscf at
zero percent excess oxygen unless the resulting emission of sulfur
dioxide is less than 40 tons per year and a modeling demonstration is
made showing attainment and maintenance of the NAAQS for sulfur
dioxide. The existing standard for hydrogen sulfide is based on
preliminary inlet hydrogen sulfide concentrations. This revision amends
the rule to base the standard on the actual outlet emission
concentration of sulfur dioxide and maintaining compliance. The
revision also allows a higher concentration of sulfur dioxide emissions
if the total sulfur dioxide emission is less than 40 tons per year and
a modeling demonstration is made that shows attainment and maintenance
of the sulfur dioxide NAAQS. The revision also makes various sentence
and word structure changes to add clarity.
Regulation 7.15 Standards of Performance for Gasoline Transfer To
New Service Station Storage Tanks (Stage I Vapor Recovery)--This
revision adds the definition of ``Submerged fill pipe'' and amends the
definition of ``Affected facilities'' to specify gasoline storage tanks
at service stations with a capacity greater than 250 gallons each. The
revision includes additional provisions to require a vapor return hose
connection between the tank of the delivery truck and the storage tank
receiving the product and a one minute time restriction to open the
truck tank hatch for visual inspection. It also requires that all above
ground lines must be equipped with dry breaks to prevent spillage and
all other lines must be gravity drained for no spillage and adds the
requirement for operation and maintenance of applicable equipment with
no defects. The revision includes the requirement that affected
facilities must obtain a construction or reconstruction permit before
commencing a project and must notify Jefferson County of the
replacement, addition, or change of any required equipment except for
the routine replacement of gaskets. The revision also makes various
sentence and word structure changes to add clarity.
Regulation 7.20 Standard of Performance for New Gasoline Loading
Facilities at Bulk Plants--This amendment includes mandatory provisions
to permit loading of a tank truck or trailer at affected facilities in
Jefferson County which include the following: a vapor balance system, a
pressure tap, an emission monitor during loading operations, and a
valid Kentucky pressure-vacuum test sticker. The revision also makes
various word structure changes to add clarity.
Regulation 7.22 Standard of Performance for New Volatile Organic
Materials Loading Facilities--This revision adds a new regulation which
provides for the control of emissions from new volatile organic
materials loading facilities and applies to facilities that load more
than 200 gallons per day of volatile organic materials. It establishes
the provisions for the control of volatile organic materials. Gasoline
loading facilities are exempt from this regulation but are subject to
the requirements of Regulation 6.21 and Regulation 7.20.
Regulation 7.51 Standard of Performance for New Liquid Waste
Incinerators--This revision adds the definition ``Halogenated liquid
wastes'' and establishes the VOC standard, equipment standards and
expands the recordkeeping requirements to include provisions for
performance tests. The amendment includes mandatory provisions to
permit loading of a tank truck or trailer at bulk gasoline plants in
Jefferson County which include the following: a vapor balance system, a
pressure tap, an emission monitor during loading operations, and a
valid Kentucky pressure-vacuum test sticker. The revision also makes
various word structure changes to add clarity.
Regulation 7.55 Standard of Performance for New Insulation of
Magnet Wire--The revision makes various sentence and word structure
changes to add clarity.
Regulation 7.59 Standard of Performance for New Miscellaneous
Metal Parts and Products Surface Coating Operations--This revision
amends and clarifies the VOC standards for surface coating operations
and adds the definition of ``Extreme performance coating.'' The
revision also makes various sentence and word structure changes to add
clarity.
Regulation 7.77 Standards of Performance for New Blast Furnace
Casthouses--This revision adds a new regulation that provides for the
control of emissions from new blast furnace casthouses, establishes the
standard for particulate matter and references test methods and
procedures in 40 CFR part 60, appendix A to be used in compliance with
the standards.
The Commonwealth of Kentucky also submitted amendments to
Regulation 2.04 Construction or Modification of Major Sources in or
Impacting upon Non-Attainment Areas (Emission Offset Requirements) of
the Jefferson County portion of the Kentucky SIP. EPA is proposing to
partially approve this revision of Regulation 2.04. The regulation as
revised establishes applicability and requirements for the construction
of new stationary sources and major modifications located within, or
impacting, areas designated as nonattainment. The revision amends the
definition of ``Major modification'' to be consistent with CAA and EPA
requirements, and adds the following definitions to this regulation:
``Major stationary source,'' ``Net emission increase,'' ``Potential to
emit,'' ``Stationary source,'' ``Building, structure, facility or
installation,'' ``Emission unit,'' ``Construction,'' ``Commence,''
``Necessary preconstruction approvals or permits,'' ``Allowable
emissions,'' ``Federally enforceable,'' ``Secondary emissions,''
[[Page 33221]]
``Actual emissions,'' ``Fugitive emissions,'' ``Significant,'' ``Lowest
Achievable Emission Rate,'' ``Reasonable further progress,'' ``Begin
actual construction,'' ``Class I area,'' ``Adverse impact on
visibility,'' ``State Implementation Plan,'' ``Mandatory Class I
federal area,'' ``Natural conditions,'' and ``Visibility impairment.''
The revision establishes procedures for the initial screening analysis
and determination of applicable requirements. The revision also
establishes applicable requirements for new major sources or major
modifications located in designated attainment or unclassifiable areas
that may cause significant impact on the area's attainment of the
NAAQS. Finally, the revision establishes the baseline for determining
credit for emission reductions or offsets. EPA has determined that all
of Regulation 2.04 as amended is approvable with the exception of
subsection 3.2. The first sentence in subsection 3.2 requires the
District to determine if a major stationary source or major
modification is being constructed in a designated non-attainment area.
The second and final sentence states that the applicability of the
requirement to obtain offsets will be determined based on the projected
attainment status of the area as of the new source start-up date. EPA
cannot approve subsection 3.2 because this final sentence conflicts
with existing EPA policy, which requires that the applicability of the
offset requirement be based on the actual attainment status of the area
as of the construction permit issuance date. EPA is therefore proposing
to take no action on this subsection. Subsection 3.2 constitutes a
completely separable portion of Regulation 2.04, since subsection 1.1
of this regulation effectively requires a determination of whether a
source or major modification is being constructed in a non-attainment
area for purposes of establishing applicability. Thus, the omission of
subsection 3.2 does not affect the completeness or approvability of
Regulation 2.04.
Jefferson County requested the following regulations to be removed
from the SIP and supplemented the May 21, 1999, submittal with a
negative declaration to guarantee there are no existing sources located
in Jefferson County that are subject to the following rules. This
action proposes to remove the following regulations from the federally-
approved SIP.
Regulation 6.11 Standards of Performance for Existing Iron and Steel
Plants,
Regulation 6.25 Standard of Performance for Existing Sanitary
Landfills,
Regulation 7.10 Standards of Performance for New Steel Plants Using
Basic Oxygen Process Furnaces,
Regulation 7.13 Standards of Performance for New Petroleum Refineries,
Regulation 7.16 Standard of Performance for New Large Appliance
Surface Coating Operations,
Regulation 7.17 Standard of Performance for New Automobile and Light
Duty Truck Surface Coating Operations,
Regulation 7.19 Standard of Performance for New Metal Furniture
Surface Coating Operations,
Regulation 7.21 Standards of Performance for New Gasoline Loading
Facilities at Bulk Terminals,
Regulation 7.24 Standards of Performance for New General Surface
Coating Operations,
Regulation 7.26 Standard of Performance for New Sanitary Landfills,
Regulation 7.27 Standards of Performance for New Portland Cement
Plants,
Regulation 7.28 Standard of Performance for New Nitric Acid Plants,
Regulation 7.29 Standard of Performance for New Sulfuric Acid Plants,
Regulation 7.30 Standard of Performance for New Secondary Lead
Smelters,
Regulation 7.31 Standards of Performance for New Secondary Brass and
Bronze Ingot Production Plants,
Regulation 7.32 Standard of Performance for New Sewage Treatment
Plants,
Regulation 7.33 Standard of Performance for New Kraft Paper Mills,
Regulation 7.37 Standard of Performance for New Primary Copper
Smelters,
Regulation 7.38 Standard of Performance for New Primary Zinc Smelters,
Regulation 7.39 Standard of Performance for New Primary Lead Smelters,
Regulation 7.40 Standard of Performance for New Primary Aluminum
Reduction Plants,
Regulation 7.41 Standard of Performance for New Wet Process Phosphoric
Acid Plants,
Regulation 7.42 Standard of Performance for New Superphosphoric Acid
Plants,
Regulation 7.43 Standard of Performance for New Diammonium Phosphate
Plants,
Regulation 7.44 Standard of Performance for New Triple Superphosphate
Plants,
Regulation 7.45 Standard of Performance for New Granular Triple
Superphosphate Storage Facilities,
Regulation 7.46 Standard of Performance for New Coal Preparation
Plants,
Regulation 7.47 Standard of Performance for New Ferroalloy Production
Plants,
Regulation 7.48 Standard of Performance for Steel Plants and Foundries
Using New Electric Arc Furnaces,
Regulation 7.49 Standard of Performance for New Grain Elevators,
Regulation 7.50 Standard of Performance for New Lime Manufacturing
Plants,
Regulation 7.53 Standard of Performance for New Can Surface Coating
Operations,
Regulation 7.54 Standard of Performance for New Coil Surface Coating
Operations,
Regulation 7.61 Standard of Performance for New Pneumatic Rubber Tire
Manufacturing Plants,
Regulation 7.62 Standard of Performance for Stationary Gas Turbine,
Regulation 7.63 Standard of Performance for New Electric Utility Steam
Generating Units, and
Regulation 7.64 Standard of Performance for New Ammonium Sulfate
Manufacturing Units.
Jefferson County requested that EPA remove Regulation 7.02 Control
of Nuisances from the federally-approved SIP. This regulation was
incorrectly approved into the SIP. EPA has determined that the Agency
does not enforce the control of nuisances, therefore the rule should
not have been approved into the SIP. The District has moved the
requirements of this regulation to Regulation 1.12 Control of Nuisances
and subsequently, EPA is proposing to remove Regulation 7.02 Control of
Nuisances from the federally-approved SIP. Regulation 1.12 Control of
Nuisances is not approved into the federally-approved SIP because it is
not related to the District's compliance with the NAAQS.
Jefferson County requested that EPA remove Regulation 7.23 Standard
of Performance for New Perchloroethylene Dry Cleaning Systems from the
federally-approved SIP. This revision is pursuant to the publication of
a Federal Register document on February 7, 1996, (61 FR 4588) in which
EPA adds perchloroethylene, also known as tetrachloroethylene, to the
list of
[[Page 33222]]
compounds excluded from the definition of VOC. The effective date of
this rule was March 6, 1996. Perchloroethylene continues to be
regulated as a hazardous air pollutant (HAP) under section 112 of the
CAA. This action proposes to remove Regulation 7.23 Standard of
Performance for New Perchloroethylene Dry Cleaning Systems from the
federally-approved SIP.
D. July 20, 1999 Submittal
On July 20, 1999, the Commonwealth of Kentucky submitted the
following revisions to the Jefferson County portion of the Kentucky
SIP. EPA is proposing to approve these changes to the rules listed
below which also include a recodification of the rules.
Regulation 2.11 Air Quality Model Usage--This amendment removes
all sections except Section 1 which adds a reference to 40 CFR part 51,
appendix W to Guideline on Air Quality Models for guidance regarding
the use of air quality modeling to support the use of emission
reduction credits; and Jefferson County maintains authority to review
and approve, on a case-by-case basis, the use of alternative or
modified models performed for non-regulatory programs.
Regulation 6.48 Standard of Performance for Existing Bakery Oven
Operations--This amendment adds a new rule to establish the procedure
for calculating VOC emissions for existing bakery oven operations,
defines applicable terms, includes the method for calculating the VOC
emissions from bakery ovens, and includes record keeping requirements.
Sources with a daily production rate of less than one ton of yeast-
leavened bread are exempt from this regulation.
The following regulation revisions make administrative changes that
do not alter the sense, meaning, or effect of the rule. Examples of
these administrative changes include recodification, rewording of
headnotes, changing capitalization, spelling, punctuation, and
typographical errors. The administrative revisions to the following
regulations make various sentence and word structure changes to add
clarity.
Regulation 1.05 Compliance with Emission Standards and Maintenance
Requirements,
Regulation 1.10 Circumvention,
Regulation 2.01 General Application,
Regulation 2.09 Causes for Permit Suspension,
Regulation 3.01 Purpose of Standards and Expression of Non-Degradation
Intention,
Regulation 3.02 Applicability of Ambient Air Quality Standards,
Regulation 3.03 Definitions,
Regulation 3.05 Methods of Measurement,
Regulation 4.01 General Provisions for Emergency Episodes,
Regulation 4.02 Episode Criteria,
Regulation 4.03 General Abatement Requirements,
Regulation 4.04 Particulate and Sulfur Dioxide Reduction Requirements,
Regulation 4.05 Hydrocarbon and Nitrogen Oxides Reduction
Requirements,
Regulation 4.06 Carbon Monoxide Reduction Requirements,
Regulation 6.07 Standards of Performance for Existing Indirect Heat
Exchangers,
Regulation 6.08 Standard of Performance for Existing Incinerators,
Regulation 6.12 Standard of Performance for Existing Asphalt Paving
Operations,
Regulation 6.13 Standard of Performance for Existing Storage Vessels
for Volatile Organic Compounds,
Regulation 6.16 Standard of Performance for Existing Large Appliance
Surface Coating Operations,
Regulation 6.18 Standards of Performance for Existing Solvent Metal
Cleaning Equipment,
Regulation 6.19 Standard of Performance for Existing Metal Furniture
Surface Coating Operations,
Regulation 6.26 Standards of Performance for Existing Volatile Organic
Compound Water Separators,
Regulation 6.27 Standards of Performance for Existing Liquid Waste
Incinerators,
Regulation 6.28 Standard of Performance for Existing Hot Air Aluminum
Atomization Processes,
Regulation 6.29 Standard of Performance for Existing Graphic Arts
Facilities Using Rotogravure and Flexography,
Regulation 6.30 Standard of Performance Existing Factory Surface
Coating Operations of Flat Wood Paneling,
Regulation 6.32 Standard of Performance for Leaks from Existing
Petroleum Refinery Equipment,
Regulation 6.33 Standard of Performance for Existing Synthesized
Pharmaceutical Product Manufacturing Operations,
Regulation 6.34 Standard of Performance for Existing Pneumatic Rubber
Tire Manufacturing Plants,
Regulation 6.35 Standard of Performance for Existing Fabric, Vinyl,
and Paper Surface Coating Operations,
Regulation 6.38 Standard of Performance for Existing Air Oxidation
Processes in Synthetic Organic Chemical Manufacturing Industries,
Regulation 6.40 Standards of Performance for Gasoline Transfer to
Motor Vehicles (Stage II Vapor Recovery and Control),
Regulation 7.11 Standard of Performance for New Asphalt Paving
Operations,
Regulation 7.12 Standard of Performance for New Storage Vessels for
Volatile Organic Compounds,
Regulation 7.14 Standard of Performance for Selected New Petroleum
Refining Processes and Equipment,
Regulation 7.18 Standards of Performance for New Solvent Metal
Cleaning Equipment,
Regulation 7.34 Standard of Performance for New Sulfite Pulp Mills,
Regulation 7.35 Standard of Performance for New Ethylene Producing
Plants,
Regulation 7.36 Standard of Performance for New Volatile Organic
Compound Water Separators,
Regulation 7.52 Standard of Performance for New Fabric, Vinyl, and
Paper Surface Coating Operations,
Regulation 7.56 Standard of Performance for Leaks from New Petroleum
Refinery Equipment,
Regulation 7.57 Standard of Performance for New Graphic Arts
Facilities Using Rotogravure and Flexography,
Regulation 7.58 Standard of Performance for New Factory Surface
Coating Operations of Flat Wood Paneling, and
Regulation 7.60 Standard of Performance for New Synthesized
Pharmaceutical Product Manufacturing Operations.
E. September 22, 2000 Submittal
On September 22, 2000, the Commonwealth of Kentucky submitted the
following revisions to the Jefferson County portion of the Kentucky
SIP. EPA is proposing to approve these changes to the rules listed
below.
Regulation 7.01 General Provisions--This revision makes various
sentence and word structure changes to add clarity to this regulation
regarding standards of performance for new affected facilities. The
revision also amends this regulation to require subject sources to
comply with Regulation 6.16 Standard of Performance for Existing Large
Appliance Surface Coating Operations and Regulation 6.17 Standard of
Performance for Existing Automobile
[[Page 33223]]
and Truck Surface Coating Operations on the basis of a calendar-day
averaging period. This amendment ensures that the removal of Regulation
7.16 Standard of Performance for New Large Appliance Surface Coating
Operations and Regulation 7.17 Standard of Performance for New
Automobile and Light Duty Truck Surface from the SIP, as requested by
Jefferson County on May 21, 1999, will not result in a relaxation of
the compliance requirements for these sources. The revision also
requires subject sources to demonstrate compliance with Regulation 6.17
using capture efficiency as measured in accordance with Regulation 1.05
Compliance with Emission Standards and Maintenance Requirements.
Regulation 7.81 Standard of Performance for New or Modified Bakery
Oven Operations--This revision adds a new regulation that provides for
the quantification and control of VOC emissions from new or modified
bakery oven operations that exceed 150 pounds of VOC emissions per day.
The regulation applies to bakeries that produce bread, rolls, buns, and
similar products, but not to those that produce non-yeast-leavened
products. The regulation also establishes the standards and methods for
control of VOC emissions, testing requirements, method for calculating
VOC emissions, exemptions, and recordkeeping requirements.
Regulation 8.01 Mobile Source Emissions Control Requirements--This
revision makes various sentence and word structure changes to add
clarity, and to increase the vehicle test fee to $11.00 in order to
fully fund the District Vehicle Emissions Testing (VET) program. Three
revisions were also made to comply with Kentucky legislative changes
that were enacted during the 2000 session that require local vehicle
inspection/maintenance (I/M) programs to more closely follow the format
of the state I/M program. First, the fleet subject to VET was redefined
to exclude motorcycles, vehicles older than 1968 model year and trucks
over 18,000 pounds. Second, the existing enforcement mechanism used
against noncompliant vehicle owners, which relied on computer matching
of records and civil court action, was replaced with a registration
revocation process that is implemented by the Commonwealth. Third, some
of the requirements for issuance of certain types of certificates were
modified; minor changes were made to the reciprocal testing requirement
and to the allowable exemptions for military personnel living outside
of the area. The District provided documentation that the above changes
were estimated to have a de minimus impact on the emission reduction
capability of the program.
Regulation 8.02 Vehicle Emissions Testing Procedure--This
regulation was revised to remove all testing requirements for
motorcycles and vehicles older than 1968 model year. The regulation was
also revised to remove the outdated idle mode exhaust gas emissions
test procedure, which is no longer used.
II. Revised IBR Format Being Proposed for Approval By EPA in This
Action
A. Background
Each State is required to have a SIP which contains the control
measures and strategies which will be used to attain and maintain the
NAAQS. The SIP is extensive, containing such elements as emission
inventories, monitoring network, attainment demonstrations, and
enforcement mechanisms. The control measures and strategies must be
formally adopted by each state after the public has had an opportunity
to comment on them. They are then submitted to EPA as SIP revisions on
which EPA must take formal action to approve or disapprove.
Once these control measures are approved by EPA after notice and
comment, they are incorporated into the SIP and are identified in part
52 (Approval and Promulgation of Implementation Plans), Title 40 of the
Code of Federal Regulations (40 CFR part 52). The actual state
regulations which are approved by EPA are not reproduced in their
entirety in 40 CFR part 52, but are ``incorporated by reference,''
which means that the citation of a given state regulation with a
specific effective date has been approved by EPA. This format allows
both EPA and the public to know which measures are contained in a given
SIP and insures that the state is enforcing the regulations. It also
allows EPA and the public to take enforcement action, should a state
not enforce its SIP-approved regulations.
The SIP is a living document which can be revised by a state as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on SIP revisions
which may contain new and/or revised regulations. On May 22, 1997, (62
FR 27968), EPA revised the procedures for incorporating by reference
federally-approved SIP regulations, as a result of consultations
between EPA and Office of Federal Register. EPA began the process of
developing (1) a revised SIP document for each state that would be IBR
under the provisions of 1 CFR part 51; (2) a revised mechanism for
announcing EPA approval of revisions to an applicable SIP and updating
both the IBR document and the CFR, and (3) a revised format of the
``Identification of plan'' sections for each applicable subpart to
reflect these revised IBR procedures. The description of the revised
SIP document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997, (62 FR 27968) Federal
Register. On May 27, 1999 (64 FR 28748), EPA revised the format of 40
CFR part 52 for materials submitted by the Commonwealth of Kentucky
that are IBR into the Kentucky SIP. This action is proposing to revise
the format for materials that are IBR into the Jefferson County portion
of the Kentucky SIP.
B. Content of Revised IBR Document
The new SIP compilations contain the federally-approved portion of
regulations and source specific SIP revisions submitted by each state
agency. These regulations and source specific SIP revisions have all
been approved by EPA through previous rule making actions in the
Federal Register or are being proposed for approval in this Federal
Register.
Each compilation consists of two parts. Part 1 contains the
regulations and part 2 contains the source specific SIP revisions that
have been approved as part of the SIP. Each part has a table of
contents identifying each regulation or each source specific SIP
revision. The table of contents in the compilation corresponds to the
table of contents published in 40 CFR part 52 for these states. The
Regional EPA Offices have the primary responsibility for ensuring
accuracy and updating the compilations on an annual basis. The Region 4
EPA Office developed and will maintain the compilation for Jefferson
County, Kentucky. A copy of the full text of a state's current
compilation will also be maintained at the Office of Federal Register
and EPA's Air Docket and Information Center. This revised format is
consistent with the SIP compilation requirements of section 110(h)(1)
of the Clean Air Act (CAA).
C. Revised Format of the ``Identification of Plan'' Sections in Each
Subpart
In order to better serve the public, EPA is proposing to revise the
organization of the ``Identification of plan'' section and including
additional information which will make it clearer as to what provisions
constitute the enforceable elements of the SIP.
[[Page 33224]]
The revised Identification of plan section will contain five
subsections: (a) Purpose and scope, (b) Incorporation by reference, (c)
EPA-approved regulations, (d) EPA-approved source-specific SIP
revisions, and (e) EPA-approved nonregulatory provisions such as
transportation control measures, statutory provisions, control
strategies, monitoring networks, etc.
D. Enforceability and Legal Effect
All revisions to the applicable SIP become federally enforceable as
of the effective date of the revisions to paragraphs (c), (d) or (e) of
the applicable identification of plan found in each subpart of 40 CFR
part 52. To facilitate enforcement of previously-approved SIP
provisions and provide a smooth transition to the new SIP processing
system, EPA is retaining the original ``Identification of Plan''
section, previously appearing in the CFR as the first or second section
of part 52 for each State subpart. After an initial two year period,
EPA will review its experience with the new system and enforceability
of previously-approved SIP measures, and will decide whether or not to
retain the ``Identification of plan'' appendices for some further
period.
III. 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. This action
merely proposes to approve state law as meeting federal requirements
and imposes no additional requirements beyond those imposed by state
law. Accordingly, the Administrator certifies that this proposed 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 proposes to approve 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 (Public Law 104-
4). This proposed rule also does 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), nor
will it 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), because it merely proposes to approve a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This proposed rule also is not subject to Executive Order 13045 (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 CAA. 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 CAA. 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. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: June 7, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 01-15616 Filed 6-20-01; 8:45 am]
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