Approval and Promulgation of Implementation Plans; Kentucky Prevention of Significant Deterioration and Nonattainment New Source Review, 38990-38993 [06-6089]
Download as PDF
38990
Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
SUPPLEMENTARY INFORMATION:
Coast Guard
We encourage you to participate in
evaluating this test schedule by
submitting comments or related
material. If you do so, please include
your name and address, identify the
docket number for this deviation
(CGD01–06–078), indicate the specific
section of this document to which each
comment applies, and give the reason
for each comment. Please submit all
comments and related material in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying. If you
would like to know if they reached us,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. Comments
must be received by November 3, 2006.
33 CFR Part 117
[CGD01–06–078]
Drawbridge Operation Regulations;
Long Island, New York Inland
Waterway From East Rockaway Inlet to
Shinnecock Canal, Jones Beach, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations; request for comments.
AGENCY:
rmajette on PROD1PC67 with RULES1
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Loop Parkway
Bridge, across Long Creek at mile 0.7, at
Jones Beach, New York. This deviation
will test a change to the drawbridge
operation schedule to determine
whether a permanent change to the
schedule is needed. This deviation will
allow the bridge to open on signal for
all marine traffic, Monday through
Friday twice an hour at twenty and fifty
minutes after the hour, from 6:20 a.m.
to 7:20 p.m., except that, between 9:50
a.m. and 3:20 p.m., the bridge shall
open on signal for all commercial
vessels. On Saturday, Sunday, and
Federal Holidays, the bridge shall open
on signal once an hour, at twenty
minutes after the hour, between 7:20
a.m. and 8:20 p.m., except that, the
bridge shall open on signal for all
commercial vessels. At all other times
the bridge shall open on signal for all
vessel traffic.
DATES: This deviation is effective from
June 30, 2006 through September 4,
2006. Comments must reach the Coast
Guard on or before November 3, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), First Coast Guard District Bridge
Branch, One South Street, Battery Park
Building, New York, New York 10004,
or deliver them to the same address
between 7 a.m. and 3 p.m., Monday
through Friday, except, Federal
holidays. The First Coast Guard District,
Bridge Branch, maintains the public
docket for this deviation. Comments and
material received from the public, as
well as documents indicated in this
notice as being available in the docket,
will become part of this docket and will
be available for inspection or copying at
the First Coast Guard District, Bridge
Branch, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7195.
VerDate Aug<31>2005
16:40 Jul 10, 2006
Jkt 208001
ENVIRONMENTAL PROTECTION
AGENCY
Request for Comments
Background and Purpose
The Loop Parkway Bridge has a
vertical clearance in the closed position
of 21 feet at mean high water and 25 feet
at mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.799(f).
The bridge owner, New York State
Department of Transportation, requested
a temporary deviation from the
drawbridge operation regulations to test
an alternate drawbridge operation
schedule to help better balance the
needs between vehicular land traffic
and marine vessel traffic.
Under this temporary deviation, in
effect from June 30, 2006 through
September 4, 2006, the Loop Parkway
Bridge at mile 0.7, across Long Creek,
shall operate as follows:
The bridge shall open on signal for all
marine traffic, Monday through Friday
twice an hour, at twenty and fifty
minutes after the hour, from 6:20 a.m.
to 7:20 p.m., except that, between 9:50
a.m. and 3:20 p.m., the bridge shall
open on signal for all commercial
vessels. On Saturday, Sunday, and
Federal Holidays, the bridge shall open
on signal once an hour, at twenty
minutes after the hour, between 7:20
a.m. and 8:20 p.m., except that, the
bridge shall open on signal for all
commercial vessels. At all other times
the bridge shall open on signal for all
vessel traffic.
This deviation from the operating
regulations is authorized under 33 CFR
117.43.
Dated: June 26, 2006.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E6–10758 Filed 7–10–06; 8:45 am]
BILLING CODE 4910–15–P
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
40 CFR Part 52
[EPA–R04–OAR–2004–KY–0004–200610;
FRL–8191–5]
Approval and Promulgation of
Implementation Plans; Kentucky
Prevention of Significant Deterioration
and Nonattainment New Source
Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve revisions to the Kentucky State
Implementation Plan (SIP) submitted by
the Commonwealth of Kentucky on
September 2, 2004, and amended by
request dated August 23, 2005. The SIP
revisions modify Kentucky’s Prevention
of Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) regulations in the SIP to address
changes to the federal new source
review (NSR) regulations, which were
promulgated by EPA on December 31,
2002 (67 FR 80186) and November 7,
2003 (68 FR 63021) (commonly referred
to as the ‘‘2002 NSR reform rules’’). The
September 2004 SIP revisions being
approved today also include a rule
setting a significance level of 100 tons
per year (tpy) for ozone depleting
substances.
EFFECTIVE DATE: This rule will be
effective August 10, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2004–KY–0004. All documents in the
docket are listed on the
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the 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. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
E:\FR\FM\11JYR1.SGM
11JYR1
Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Kentucky
State Implementation Plan, contact Mr.
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.
Telephone number: (404) 562–9043; email address: lakeman.sean@epa.gov.
For information regarding New Source
Review, contact Ms. Kelly Fortin, Air
Permits Section, at the same address
above. Telephone number: (404) 562–
9117; e-mail address:
fortin.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
rmajette on PROD1PC67 with RULES1
Table of Contents
I. What Action Is EPA Taking?
II. What is the Background for This Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve
revisions to the Kentucky SIP regarding
Kentucky’s new source review (NSR)
program. On September 2, 2004, the
Commonwealth of Kentucky, through
the Kentucky Department of
Environmental Protection (KDEP),
submitted revisions to the Kentucky
SIP. The submittal was amended by
KDEP in a letter dated August 23, 2005.
The submittal consists of changes to
three regulations that are already part of
the Kentucky SIP. The affected
regulations are: 401 Kentucky
Administrative Regulations (KAR)
51:001, ‘‘Definitions for 401 KAR
Chapter 51’’; 401 KAR 51:017,
‘‘Prevention of Significant Deterioration
of Air Quality’’; and 401 KAR 51:052,
‘‘Review of New Sources in or
Impacting upon Nonattainment Areas.’’
The revisions were made to update the
Kentucky NSR programs to make them
consistent with changes to the federal
NSR regulations published December
31, 2002 (67 FR 80186) and November
7, 2003 (68 FR 63021). The revisions
also include a new rule setting a
significance level for ozone depleting
substances.
In a letter to EPA dated August 23,
2005, Kentucky requested to amend the
September 2, 2004, SIP submittal in
light of the decision issued by the U.S
Circuit Court of Appeals for the District
of Columbia (D.C. Circuit Court) on June
24, 2005. In the amendment, Kentucky
requested that the sections of the
Kentucky rules corresponding to the
EPA rules that were vacated by the D.C.
VerDate Aug<31>2005
15:14 Jul 10, 2006
Jkt 208001
Circuit Court not be approved into the
SIP, namely Sections 20, 21, and 22 of
401 KAR 51:017, Sections 11, 12, and 13
of 401 KAR 51:052, and definitions (38)
‘‘Clean Unit’’ and (188) ‘‘Pollution
Control Project’’ in Section 1 of 401
KAR 51:001.
On February 10, 2006 (71 FR 6988),
EPA published a notice of proposed
rulemaking (NPR) in the Federal
Register, proposing to approve the SIP
revisions including Kentucky’s NSR
rules. The February 10, 2006, NPR
provides additional information about
the proposed Kentucky SIP revisions
and the rationale for today’s final action.
The public comment period for the
proposed action ended on March 13,
2006. No comments, adverse or
otherwise, were received on EPA’s
proposed action. EPA is now taking
final action to approve the SIP revisions
submitted by KDEP on September 2,
2004, and amended on August 23, 2005.
II. What Is the Background for This
Action?
On December 31, 2002 (67 FR 80186),
EPA published final rule changes to 40
Code of Federal Regulations (CFR) parts
51 and 52, regarding the Clean Air Act’s
PSD and Nonattainment New Source
Review (NNSR) programs. On November
7, 2003 (68 FR 63021), EPA published
a notice of final action on its
reconsideration of the 2002 rules. The
purpose of today’s action is to approve
the SIP submittal from the
Commonwealth of Kentucky, which
includes EPA’s 2002 NSR reform rules.
After the 2002 NSR reform rules were
finalized and effective (March 3, 2003),
various petitioners challenged
numerous aspects of the 2002 NSR
reform rules, along with portions of
EPA’s 1980 NSR rules (45 FR 52676,
August 7, 1980). On June 24, 2005, the
D.C. Circuit Court issued a decision on
the challenges to the 2002 NSR reform
rules. New York v. United States, 413
F.3d 3 (D.C. Cir. 2005). In summary, the
D.C. Circuit Court vacated portions of
EPA’s NSR rules pertaining to clean
units and pollution control projects,
remanded a portion of the rules
regarding recordkeeping and relating to
language in 40 CFR 52.21(r)(6), 40 CFR
51.166(r)(6), and 40 CFR 51.165(a)(6),
and either upheld or did not comment
on the other provisions included as part
of the 2002 NSR reform rules.
Kentucky’s SIP revisions being
approved today do not contain any
provisions of the 2002 NSR reform rules
that were vacated as part of the June
2005 decision.
EPA continues to move forward with
its evaluation of the portion of its NSR
reform rules that were remanded by the
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
38991
D.C. Circuit Court. Kentucky’s SIP
revisions are approvable at this time
because the Kentucky rules are
substantially the same as the current
federal rules. If EPA adopts criteria that
are more stringent than the current
Kentucky rules, the Commonwealth’s
rules may need to be revised to be at
least as stringent as the federal
requirement.
The 2002 NSR reform rules require
that state agencies adopt and submit
revisions to their part 51 permitting
programs implementing the minimum
program elements of the 2002 NSR
reform rules no later than January 2,
2006. (Consistent with changes to 40
CFR 51.166(a)(6)(i), state agencies are
now required to adopt and submit SIP
revisions within three years after new
amendments are published in the
Federal Register.) State agencies may
meet the requirements of 40 CFR part
51, and the 2002 NSR reform rules, with
different but equivalent regulations.
However, if a state decides not to
implement any of the new applicability
provisions, that state is required to
demonstrate that its existing program is
at least as stringent as the federal
program.
On September 2, 2004, the
Commonwealth of Kentucky submitted
SIP revisions including changes to
Kentucky’s NSR program and a rule on
ozone depleting substances. The NSR
program changes were made primarily
to adopt EPA’s 2002 NSR reform rules.
On February 10, 2006 (71 FR 6988) EPA
published a notice of proposed
rulemaking (NPR) proposing to approve
revisions to three regulations that are
already part of the Kentucky SIP. The
affected regulations are: 401 Kentucky
Administrative Regulations (KAR)
51:001, ‘‘Definitions for 401 KAR
Chapter 51’’; 401 KAR 51:017,
‘‘Prevention of Significant Deterioration
of Air Quality’’; and 401 KAR 51:052,
‘‘Review of New Sources in or
Impacting upon Nonattainment Areas.’’
Kentucky’s revisions are consistent with
the federal NSR regulations published
December 31, 2002 (67 FR 80186) and
November 7, 2003 (68 FR 63021).
Kentucky’s SIP revisions also
included a rule setting a significance
level for ozone depleting substances, as
part of 401 KAR Chapter 51:017.
Kentucky’s definition of ‘‘significance’’
(definition 221), includes a significance
threshold for ozone depleting
substances (ODS) of 100 tons per year
(tpy). The current federal rule
(51.166(b)(23)(ii)) does not contain a
specific threshold for ODS. In 1996,
however, EPA proposed a 100 tpy
threshold for ODS. See 61 FR 38250,
July 23, 1996. Based on the rationale
E:\FR\FM\11JYR1.SGM
11JYR1
38992
Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations
provided in the 1996 proposal, EPA
believes that it is reasonable for
Kentucky to adopt this threshold. If EPA
issues a final rule that establishes a
threshold for ODS that is different from
the one proposed in 1996, EPA may take
further action to ensure that the
Kentucky rule is consistent with the
federal rule. At this time, however,
Kentucky’s rule is approvable and EPA
is taking final action today to approve
this rule into the Kentucky SIP.
The February 10, 2006, NPR, and the
Docket for this action, provide more
details about the SIP revisions being
approved today and the rationale for
EPA’s final action. For additional
information on EPA’s 2002 NSR reform
rules, see 67 FR 80186 (December 31,
2002), and https://www.epa.gov/nsr.
III. Final Action
EPA is taking final action to approve
revisions to Kentucky’s SIP to include
changes to Kentucky regulations, 401
KAR 51:001, 401 KAR 51:017, and 401
KAR 51:052 submitted by the
Commonwealth of Kentucky on
September 2, 2004, and amended on
August 23, 2005. EPA is taking no
action on the following provisions of the
Kentucky regulations, which include
portions of EPA’s 2002 NSR reform
rules that were vacated by the D.C.
Circuit Court: Sections 20, 21, and 22 of
401 KAR 51:017, Sections 11, 12, and 13
of 401 KAR 51:052, and definitions (38)
and (188) in Section 1 of 401 KAR
51:001.
rmajette on PROD1PC67 with RULES1
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this final 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 final 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 final
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 preexisting requirements under state law
and does not impose any additional
VerDate Aug<31>2005
15:14 Jul 10, 2006
Jkt 208001
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 final 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 final action
merely approves state law as meeting
Federal requirements and imposes no
additional requirements beyond those
imposed by state law, and therefore, it
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This final 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 final 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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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 September 11,
2006. 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, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 29, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(c), Table 1 is
amended by revising the entries for
‘‘401 KAR 51:001’’, ‘‘401 KAR 51:017’’
and ‘‘401 KAR 51:052’’ to read as
follows:
I
§ 52.920
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\11JYR1.SGM
11JYR1
*
*
38993
Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations
TABLE 1.—EPA-APPROVED KENTUCKY REGULATIONS
State citation
Title/subject
State effective
date
EPA approval
date
Explanation
*
*
*
401 KAR 51:001 ..................... Definitions for 401 KAR
Chapter 51.
*
07/14/2004
*
07/11/06 [Insert citation of
publication].
*
*
EPA is taking no action on
definitions (38) ‘‘Clean
Unit’’ and (188) ‘‘Pollution
Control Project’’.
*
*
*
401 KAR 51:017 ..................... Prevention of significant deterioration of air quality.
401 KAR 51:052 ..................... Review of new sources in or
impacting upon nonattainment areas.
*
07/14/2004
*
07/11/06 [Insert citation of
publication].
07/11/06 [Insert citation of
publication].
*
*
EPA is taking no action on
sections 20, 21, and 22.
EPA is taking no action on
sections 11, 12, and 13.
*
*
*
*
*
*
07/14/2004
*
*
[FR Doc. 06–6089 Filed 7–10–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2006–0296; FRL–8191–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT
Determinations for Eight Individual
Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve revisions to the Commonwealth
of Pennsylvania State Implementation
Plan (SIP). The revisions were
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) to establish and require
reasonably available control technology
(RACT) for seven major sources of
volatile organic compounds (VOC) and
one source of nitrogen oxides (NOX)
*
*
pursuant to the Commonwealth of
Pennsylvania’s (Pennsylvania’s or the
Commonwealth’s) SIP-approved generic
RACT regulations. EPA is approving
these revisions in accordance with the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on August 10, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2006–0296. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
*
*
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality, P.O.
Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
LaKeshia N. Robertson, (215) 814–2113,
or by e-mail at
robertson.lakeshia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 27, 2006 (71 FR 24834), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of formal SIP
revisions submitted by Pennsylvania on
March 27, 1995, August 1, 1995, January
10, 1996, March 21, 1996, October 18,
1996, June 22, 1999, and July 28, 1999.
These SIP revisions consist of sourcespecific operating permits issued by
PADEP to establish and require RACT
pursuant to the Commonwealth’s SIPapproved generic RACT regulations.
The following table identifies the
sources and the individual operating
permits (OPs) which are the subject of
this rulemaking.
PENNSYLVANIA.—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
County
Operating permit
(OP No.) consent order (CO
No.)
Carlisle Tire & Rubber Company .............................
Cumberland ....................
21–2003 ...........
The Carbide/Graphite Group, Inc ............................
rmajette on PROD1PC67 with RULES1
Source’s name
Elk ..................................
OP 24–012 .......
Celotex Corporation .................................................
Northumberland ..............
OP 49–0013 .....
American Railcar Industries, Inc. Shippers Car Line
Division.
Northumberland ..............
OP–49–0012 ....
VerDate Aug<31>2005
15:14 Jul 10, 2006
Jkt 208001
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Source type
Specialty Tire Manufacturing.
Graphite Electrode and
Graphite Specialties
Manufacturing Facility.
Fiberboard Manufacturing Facility.
Railcar Cleaning and Refurbishment Operation.
E:\FR\FM\11JYR1.SGM
11JYR1
‘‘Major source’’
pollutant
VOC.
VOC.
VOC.
VOC.
Agencies
[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Rules and Regulations]
[Pages 38990-38993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6089]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2004-KY-0004-200610; FRL-8191-5]
Approval and Promulgation of Implementation Plans; Kentucky
Prevention of Significant Deterioration and Nonattainment New Source
Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve revisions to the
Kentucky State Implementation Plan (SIP) submitted by the Commonwealth
of Kentucky on September 2, 2004, and amended by request dated August
23, 2005. The SIP revisions modify Kentucky's Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NNSR)
regulations in the SIP to address changes to the federal new source
review (NSR) regulations, which were promulgated by EPA on December 31,
2002 (67 FR 80186) and November 7, 2003 (68 FR 63021) (commonly
referred to as the ``2002 NSR reform rules''). The September 2004 SIP
revisions being approved today also include a rule setting a
significance level of 100 tons per year (tpy) for ozone depleting
substances.
EFFECTIVE DATE: This rule will be effective August 10, 2006.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2004-KY-0004. All documents in the
docket are listed on the www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the 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. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
[[Page 38991]]
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Kentucky
State Implementation Plan, contact Mr. 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. Telephone number:
(404) 562-9043; e-mail address: lakeman.sean@epa.gov. For information
regarding New Source Review, contact Ms. Kelly Fortin, Air Permits
Section, at the same address above. Telephone number: (404) 562-9117;
e-mail address: fortin.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action Is EPA Taking?
II. What is the Background for This Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve revisions to the Kentucky SIP
regarding Kentucky's new source review (NSR) program. On September 2,
2004, the Commonwealth of Kentucky, through the Kentucky Department of
Environmental Protection (KDEP), submitted revisions to the Kentucky
SIP. The submittal was amended by KDEP in a letter dated August 23,
2005. The submittal consists of changes to three regulations that are
already part of the Kentucky SIP. The affected regulations are: 401
Kentucky Administrative Regulations (KAR) 51:001, ``Definitions for 401
KAR Chapter 51''; 401 KAR 51:017, ``Prevention of Significant
Deterioration of Air Quality''; and 401 KAR 51:052, ``Review of New
Sources in or Impacting upon Nonattainment Areas.'' The revisions were
made to update the Kentucky NSR programs to make them consistent with
changes to the federal NSR regulations published December 31, 2002 (67
FR 80186) and November 7, 2003 (68 FR 63021). The revisions also
include a new rule setting a significance level for ozone depleting
substances.
In a letter to EPA dated August 23, 2005, Kentucky requested to
amend the September 2, 2004, SIP submittal in light of the decision
issued by the U.S Circuit Court of Appeals for the District of Columbia
(D.C. Circuit Court) on June 24, 2005. In the amendment, Kentucky
requested that the sections of the Kentucky rules corresponding to the
EPA rules that were vacated by the D.C. Circuit Court not be approved
into the SIP, namely Sections 20, 21, and 22 of 401 KAR 51:017,
Sections 11, 12, and 13 of 401 KAR 51:052, and definitions (38) ``Clean
Unit'' and (188) ``Pollution Control Project'' in Section 1 of 401 KAR
51:001.
On February 10, 2006 (71 FR 6988), EPA published a notice of
proposed rulemaking (NPR) in the Federal Register, proposing to approve
the SIP revisions including Kentucky's NSR rules. The February 10,
2006, NPR provides additional information about the proposed Kentucky
SIP revisions and the rationale for today's final action. The public
comment period for the proposed action ended on March 13, 2006. No
comments, adverse or otherwise, were received on EPA's proposed action.
EPA is now taking final action to approve the SIP revisions submitted
by KDEP on September 2, 2004, and amended on August 23, 2005.
II. What Is the Background for This Action?
On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 Code of Federal Regulations (CFR) parts 51 and 52,
regarding the Clean Air Act's PSD and Nonattainment New Source Review
(NNSR) programs. On November 7, 2003 (68 FR 63021), EPA published a
notice of final action on its reconsideration of the 2002 rules. The
purpose of today's action is to approve the SIP submittal from the
Commonwealth of Kentucky, which includes EPA's 2002 NSR reform rules.
After the 2002 NSR reform rules were finalized and effective (March
3, 2003), various petitioners challenged numerous aspects of the 2002
NSR reform rules, along with portions of EPA's 1980 NSR rules (45 FR
52676, August 7, 1980). On June 24, 2005, the D.C. Circuit Court issued
a decision on the challenges to the 2002 NSR reform rules. New York v.
United States, 413 F.3d 3 (D.C. Cir. 2005). In summary, the D.C.
Circuit Court vacated portions of EPA's NSR rules pertaining to clean
units and pollution control projects, remanded a portion of the rules
regarding recordkeeping and relating to language in 40 CFR 52.21(r)(6),
40 CFR 51.166(r)(6), and 40 CFR 51.165(a)(6), and either upheld or did
not comment on the other provisions included as part of the 2002 NSR
reform rules. Kentucky's SIP revisions being approved today do not
contain any provisions of the 2002 NSR reform rules that were vacated
as part of the June 2005 decision.
EPA continues to move forward with its evaluation of the portion of
its NSR reform rules that were remanded by the D.C. Circuit Court.
Kentucky's SIP revisions are approvable at this time because the
Kentucky rules are substantially the same as the current federal rules.
If EPA adopts criteria that are more stringent than the current
Kentucky rules, the Commonwealth's rules may need to be revised to be
at least as stringent as the federal requirement.
The 2002 NSR reform rules require that state agencies adopt and
submit revisions to their part 51 permitting programs implementing the
minimum program elements of the 2002 NSR reform rules no later than
January 2, 2006. (Consistent with changes to 40 CFR 51.166(a)(6)(i),
state agencies are now required to adopt and submit SIP revisions
within three years after new amendments are published in the Federal
Register.) State agencies may meet the requirements of 40 CFR part 51,
and the 2002 NSR reform rules, with different but equivalent
regulations. However, if a state decides not to implement any of the
new applicability provisions, that state is required to demonstrate
that its existing program is at least as stringent as the federal
program.
On September 2, 2004, the Commonwealth of Kentucky submitted SIP
revisions including changes to Kentucky's NSR program and a rule on
ozone depleting substances. The NSR program changes were made primarily
to adopt EPA's 2002 NSR reform rules. On February 10, 2006 (71 FR 6988)
EPA published a notice of proposed rulemaking (NPR) proposing to
approve revisions to three regulations that are already part of the
Kentucky SIP. The affected regulations are: 401 Kentucky Administrative
Regulations (KAR) 51:001, ``Definitions for 401 KAR Chapter 51''; 401
KAR 51:017, ``Prevention of Significant Deterioration of Air Quality'';
and 401 KAR 51:052, ``Review of New Sources in or Impacting upon
Nonattainment Areas.'' Kentucky's revisions are consistent with the
federal NSR regulations published December 31, 2002 (67 FR 80186) and
November 7, 2003 (68 FR 63021).
Kentucky's SIP revisions also included a rule setting a
significance level for ozone depleting substances, as part of 401 KAR
Chapter 51:017. Kentucky's definition of ``significance'' (definition
221), includes a significance threshold for ozone depleting substances
(ODS) of 100 tons per year (tpy). The current federal rule
(51.166(b)(23)(ii)) does not contain a specific threshold for ODS. In
1996, however, EPA proposed a 100 tpy threshold for ODS. See 61 FR
38250, July 23, 1996. Based on the rationale
[[Page 38992]]
provided in the 1996 proposal, EPA believes that it is reasonable for
Kentucky to adopt this threshold. If EPA issues a final rule that
establishes a threshold for ODS that is different from the one proposed
in 1996, EPA may take further action to ensure that the Kentucky rule
is consistent with the federal rule. At this time, however, Kentucky's
rule is approvable and EPA is taking final action today to approve this
rule into the Kentucky SIP.
The February 10, 2006, NPR, and the Docket for this action, provide
more details about the SIP revisions being approved today and the
rationale for EPA's final action. For additional information on EPA's
2002 NSR reform rules, see 67 FR 80186 (December 31, 2002), and https://
www.epa.gov/nsr.
III. Final Action
EPA is taking final action to approve revisions to Kentucky's SIP
to include changes to Kentucky regulations, 401 KAR 51:001, 401 KAR
51:017, and 401 KAR 51:052 submitted by the Commonwealth of Kentucky on
September 2, 2004, and amended on August 23, 2005. EPA is taking no
action on the following provisions of the Kentucky regulations, which
include portions of EPA's 2002 NSR reform rules that were vacated by
the D.C. Circuit Court: Sections 20, 21, and 22 of 401 KAR 51:017,
Sections 11, 12, and 13 of 401 KAR 51:052, and definitions (38) and
(188) in Section 1 of 401 KAR 51:001.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final 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 final
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 final 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 final 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 final
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law,
and therefore, it does not alter the relationship or the distribution
of power and responsibilities established in the Clean Air Act. This
final 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 final 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 September 11, 2006. 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, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: June 29, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 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
0
2. Section 52.920(c), Table 1 is amended by revising the entries for
``401 KAR 51:001'', ``401 KAR 51:017'' and ``401 KAR 51:052'' to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
[[Page 38993]]
Table 1.--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
401 KAR 51:001................... Definitions for 401 07/14/2004 07/11/06 [Insert EPA is taking no
KAR Chapter 51. citation of action on
publication]. definitions (38)
``Clean Unit'' and
(188) ``Pollution
Control Project''.
* * * * * * *
401 KAR 51:017................... Prevention of 07/14/2004 07/11/06 [Insert EPA is taking no
significant citation of action on sections
deterioration of publication]. 20, 21, and 22.
air quality.
401 KAR 51:052................... Review of new 07/14/2004 07/11/06 [Insert EPA is taking no
sources in or citation of action on sections
impacting upon publication]. 11, 12, and 13.
nonattainment
areas.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 06-6089 Filed 7-10-06; 8:45 am]
BILLING CODE 6560-50-P