Approval and Promulgation of Implementation Plans Kentucky: Tennessee Valley Authority Paradise Facility State Implementation Plan Revision, 23105-23107 [E8-9252]
Download as PDF
<![CDATA[
23105
Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Name of non-regulatory SIP revision
*
Ozone Maintenance
Plan.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
jlentini on PROD1PC65 with RULES
[EPA–R04–OAR–2007–1091–200813; FRL–
8559–1]
Approval and Promulgation of
Implementation Plans Kentucky:
Tennessee Valley Authority Paradise
Facility State Implementation Plan
Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
17:43 Apr 28, 2008
Jkt 214001
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 15, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
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 June 30, 2008.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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
approving Virginia’s SIP revision
request consisting of a 10-year
maintenance plan under section
110(a)(1) for the White Top Mountain 1hour ozone nonattainment area located
I
State submittal date
*
*
*
White Top Mountain, Smyth County, VA 1-hour Ozone
Nonattainment Area.
BILLING CODE 6560–50–P
in Smyth County, Virginia may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
C. Petitions for Judicial Review
Applicable geographic area
[FR Doc. E8–9266 Filed 4–28–08; 8:45 am]
VerDate Aug<31>2005
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 action 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).
*
8/6/07
SUMMARY: EPA is taking final action to
approve a source specific State
Implementation Plan (SIP) revision
submitted on October 19, 2007, by the
Commonwealth of Kentucky through
the Kentucky Division for Air Quality
(KDAQ). This SIP revision supercedes a
previous source-specific revision
approved by EPA on August 25, 1989,
including an equivalency demonstration
supporting the redistribution of sulfur
dioxide (SO2) emissions from Tennessee
Valley Authority’s (TVA’s) Paradise
Steam Plant located in Muhlenburg
County, Kentucky. The revision being
approved now includes SO2 limits that
are more stringent than the current SIPapproved statewide SO2 limits for
electric generating units (EGUs).
Consistent with Kentucky
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—Virginia
2. In § 52.2420, the table in paragraph
(e) is amended by adding an entry for
the 8-hour Ozone Maintenance plan for
the White Top Mountain, Smyth
County, VA 1-hour Ozone
Nonattainment Area at the end of the
table to read as follows:
I
§ 52.2520
*
Identification of plan.
*
*
(e) * * *
*
EPA approval date
*
*
Additional explanation
*
8/29/08.
Administrative Regulations (KAR)
approved into the SIP, affected facilities
located in Muhlenberg County are
subject to an SO2 emission limit of 3.1
pounds per million British Thermal
Units (lbs/mmBTU). The 3.1 lbs/
mmBTU limit was approved by EPA on
June 24, 1983, as part of Kentucky’s
control strategy for attaining and
maintaining the primary and secondary
SO2 national ambient air quality
standard (NAAQS) in Muhlenberg
County. This current SIP action will
approve a limit of 1.2 lbs/mmBTU for
all three units with limited bypass
emissions of 3.1 lbs/mmBTU for
scrubber maintenance on Unit 3. This
revision was proposed for approval on
February 5, 2008, and no adverse
comments were received.
E:\FR\FM\29APR1.SGM
29APR1
23106
Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations
Effective Date: This rule will be
effective May 29, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2007–1091. All documents in the docket
are listed on the https://
www.regulations.gov Web site. 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
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9074.
Ms. LeSane can also be reached via
electronic mail at lesane.heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
DATES:
Background
On October 19, 2007, KDAQ
submitted to EPA a source-specific SIP
revision requesting that the 1989 sourcespecific redistribution of SO2 emission
limits for TVA Paradise be revised to
account for new control technology at
the facility. KDAQ proposed that the
TVA Paradise facility be subject to
specific limits discussed below which
are more stringent than Kentucky’s SIPapproved KAR, requiring a 3.1 lbs/
mmBTU limit. The rationale for the
1989 equivalency determination and
redistribution was the lack of control
measures (a scrubber) on Unit 3. TVA
has now installed a wet scrubber on
Unit 3, and as a result, the 1989
redistribution is no longer necessary for
the facility to comply with the SIPapproved 401 KAR 61:015. At this time,
Units 1 and 2 are equipped with
Venturi-type limestone slurry flue gas
VerDate Aug<31>2005
17:44 Apr 28, 2008
Jkt 214001
desulfurization (FGD) scrubbers, and
Unit 3 is equipped with an electrostatic
precipitator and a wet limestone FGD
scrubber. The facility is now able to
meet (and exceed) the requirements of
401 KAR 61:015 without a unit-specific
redistribution. The new SO2 limits are:
1.2 lbs/mmBTU for all three units with
a 3.1 lbs/mmBTU limit allowed at Unit
3 for a limited time for scrubber
maintenance. This revision is consistent
with section 110 of the Clean Air Act
(CAA) because it will continue to
provide for attainment and maintenance
of the SO2 NAAQS. EPA proposed this
revision for approval on February 5,
2008 (73 FR 6657), and no adverse
comments were received.
Final Action
EPA is taking final action to approve
a source-specific SIP revision submitted
by KDAQ in October 2007 regarding the
SO2 emission limits for the three units
at the TVA Paradise Facility. This action
will supersede the 1989 source-specific
SIP revision and subject TVA Paradise
to emission limits of 1.2 lbs/mmBTU at
Units 1, 2, and 3, except that Unit 3 may
meet the limit of 3.1 lbs/mmBTU that is
established in 401 KAR 61:015 during
the limited times when the Unit 3
scrubber is bypassed for maintenance
(not to exceed 720 operating hours in a
12-month period).
Statutory and Executive Order Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves Kentucky law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by Kentucky law.
For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the Commonwealth, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 804,
however, exempts from section 801 the
following types of rules: rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 30, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
E:\FR\FM\29APR1.SGM
29APR1
23107
Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations
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).)
Reporting and recordkeeping
requirements, Sulfur oxides.
Subpart S—Kentucky
Dated: April 17, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
I
List of Subjects in 40 CFR Part 52
PART 52—[AMENDED]
Environmental protection, Air
pollution control, Intergovernmental
relations, Incorporation by reference,
I
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
2. Section 52.920 (d) is amended:
a. By revising the entry for ‘‘TVA
Paradise Permit,’’ and
I b. by adding a new entry at the end
of the table for ‘‘TVA Paradise Permit’’
to read as follows:
I
§ 52.920
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS
Name of source
State effective date
Permit No.
EPA approval date
Explanation
.
*
TVA Paradise
Permit.
.
*
*
KDEPDAQ Permit 0–87–012 .........
6/29/87
*
*
08/25/89, 54 FR 35326 ..................
*
WITHDRAWN
*
*
TVA Paradise
Permit.
*
*
KDEPDAQ Permit 0–87–012 .........
10/19/07
*
*
4/29/08 [Insert citation of publication].
*
*
Emission Rates Units 1 and 2 are
1.2 lb/MMBTU and Unit 3 is 1.2
lb/MMBTU or *3.1 lb/MMBTU.
* Bypass of the scrubber shall be limited to 720 operating hours in any 12 consecutive months.
*
*
*
*
*
[FR Doc. E8–9252 Filed 4–28–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2004–WI–0002; FRL–8557–
5]
Redesignation of the Forest County
Potawatomi Community Reservation to
a PSD Class I Area; Dispute Resolution
with the State of Michigan
Environmental Protection
Agency (EPA).
ACTION: Notice of dispute resolution.
AGENCY:
jlentini on PROD1PC65 with RULES
VerDate Aug<31>2005
17:26 Apr 28, 2008
Jkt 214001
This action is effective on May
29, 2008.
DATES:
The purpose of this notice is
to announce the EPA resolution of an
intergovernmental dispute over a
request by the Forest County
Potawatomi Community (FCP
Community) to redesignate portions of
the FCP Community reservation as a
non-Federal Class I area under the Clean
Air Act (CAA or Act) program for
Prevention of Significant Deterioration
(PSD) of air quality. On June 8, 1995, the
Governors of Wisconsin and Michigan
raised concerns about EPA’s proposal to
approve the request of the FCP
Community to redesignate portions of
its reservation as a non-Federal Class I
area and asked EPA to enter
SUMMARY:
negotiations with the parties to resolve
the dispute as provided for in the CAA.
The State of Michigan and the FCP
Community were unable to reach an
agreement concerning the redesignation.
After fully considering the concerns
raised by the State of Michigan, EPA has
determined that it is not proper in these
particular circumstances to disapprove
the FCP Community’s redesignation
request. The Class I redesignation is
described in a final rulemaking notice
also published in this Federal Register.
The Class I designation will result in
lowering the allowable increases in
ambient concentrations of particulate
matter, sulfur dioxide, and nitrogen
oxide within the reservation.
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Air Permits
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604–3507; telephone
number: 312–886–0671; fax number:
312–886–5824; e-mail address:
blathras.constantine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
I. General Information
A. Does This Action Apply to Me?
This action will apply to applicants to
the PSD construction permit program on
Class I trust lands of the Forest County
Potawatomi Community.
B. How Can I Get Copies Of This
Document and Related Information?
1. Docket. EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2004–WI–0002.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Air Docket, in the EPA
Headquarters Library, Room Number
3334 in the EPA West Building, located
at 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public
Reading Room hours of operation will
be 8:30 a.m. to 4:30 p.m. Eastern
Standard Time (EST), Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Air Docket
is (202) 566–1742. The docket is also
available during normal business hours
for public inspection and copying at the
Air Programs Branch, Region 5, EPA
(AR–18J), 77 West Jackson Boulevard,
Chicago, Illinois 60604.
2. Electronic Access. You may access
this Federal Register document
E:\FR\FM\29APR1.SGM
29APR1
]]>Agencies
[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Rules and Regulations]
[Pages 23105-23107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9252]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-1091-200813; FRL-8559-1]
Approval and Promulgation of Implementation Plans Kentucky:
Tennessee Valley Authority Paradise Facility State Implementation Plan
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve a source specific State
Implementation Plan (SIP) revision submitted on October 19, 2007, by
the Commonwealth of Kentucky through the Kentucky Division for Air
Quality (KDAQ). This SIP revision supercedes a previous source-specific
revision approved by EPA on August 25, 1989, including an equivalency
demonstration supporting the redistribution of sulfur dioxide
(SO2) emissions from Tennessee Valley Authority's (TVA's)
Paradise Steam Plant located in Muhlenburg County, Kentucky. The
revision being approved now includes SO2 limits that are
more stringent than the current SIP-approved statewide SO2
limits for electric generating units (EGUs). Consistent with Kentucky
Administrative Regulations (KAR) approved into the SIP, affected
facilities located in Muhlenberg County are subject to an
SO2 emission limit of 3.1 pounds per million British Thermal
Units (lbs/mmBTU). The 3.1 lbs/mmBTU limit was approved by EPA on June
24, 1983, as part of Kentucky's control strategy for attaining and
maintaining the primary and secondary SO2 national ambient
air quality standard (NAAQS) in Muhlenberg County. This current SIP
action will approve a limit of 1.2 lbs/mmBTU for all three units with
limited bypass emissions of 3.1 lbs/mmBTU for scrubber maintenance on
Unit 3. This revision was proposed for approval on February 5, 2008,
and no adverse comments were received.
[[Page 23106]]
DATES: Effective Date: This rule will be effective May 29, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-1091. All documents in the docket
are listed on the https://www.regulations.gov Web site. 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 Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9074. Ms. LeSane can also be reached via electronic mail at
lesane.heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
On October 19, 2007, KDAQ submitted to EPA a source-specific SIP
revision requesting that the 1989 source-specific redistribution of
SO2 emission limits for TVA Paradise be revised to account
for new control technology at the facility. KDAQ proposed that the TVA
Paradise facility be subject to specific limits discussed below which
are more stringent than Kentucky's SIP-approved KAR, requiring a 3.1
lbs/mmBTU limit. The rationale for the 1989 equivalency determination
and redistribution was the lack of control measures (a scrubber) on
Unit 3. TVA has now installed a wet scrubber on Unit 3, and as a
result, the 1989 redistribution is no longer necessary for the facility
to comply with the SIP-approved 401 KAR 61:015. At this time, Units 1
and 2 are equipped with Venturi-type limestone slurry flue gas
desulfurization (FGD) scrubbers, and Unit 3 is equipped with an
electrostatic precipitator and a wet limestone FGD scrubber. The
facility is now able to meet (and exceed) the requirements of 401 KAR
61:015 without a unit-specific redistribution. The new SO2
limits are: 1.2 lbs/mmBTU for all three units with a 3.1 lbs/mmBTU
limit allowed at Unit 3 for a limited time for scrubber maintenance.
This revision is consistent with section 110 of the Clean Air Act (CAA)
because it will continue to provide for attainment and maintenance of
the SO2 NAAQS. EPA proposed this revision for approval on
February 5, 2008 (73 FR 6657), and no adverse comments were received.
Final Action
EPA is taking final action to approve a source-specific SIP
revision submitted by KDAQ in October 2007 regarding the SO2
emission limits for the three units at the TVA Paradise Facility. This
action will supersede the 1989 source-specific SIP revision and subject
TVA Paradise to emission limits of 1.2 lbs/mmBTU at Units 1, 2, and 3,
except that Unit 3 may meet the limit of 3.1 lbs/mmBTU that is
established in 401 KAR 61:015 during the limited times when the Unit 3
scrubber is bypassed for maintenance (not to exceed 720 operating hours
in a 12-month period).
Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves Kentucky law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by
Kentucky law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the Commonwealth, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 30, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it
[[Page 23107]]
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See, section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: April 17, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
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 (d) is amended:
0
a. By revising the entry for ``TVA Paradise Permit,'' and
0
b. by adding a new entry at the end of the table for ``TVA Paradise
Permit'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Kentucky Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
TVA Paradise Permit........... KDEPDAQ Permit 0-87- 6/29/87 08/25/89, 54 FR 35326 WITHDRAWN
012.
* * * * * * *
TVA Paradise Permit........... KDEPDAQ Permit 0-87- 10/19/07 4/29/08 [Insert Emission Rates Units
012. citation of 1 and 2 are 1.2 lb/
publication]. MMBTU and Unit 3 is
1.2 lb/MMBTU or *3.1
lb/MMBTU.
----------------------------------------------------------------------------------------------------------------
* Bypass of the scrubber shall be limited to 720 operating hours in any 12 consecutive months.
* * * * *
[FR Doc. E8-9252 Filed 4-28-08; 8:45 am]
BILLING CODE 6560-50-P
