[Federal Register: November 3, 2003 (Volume 68, Number 212)]
[Rules and Regulations]               
[Page 62236-62239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no03-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY145-200339(a); FRL-7582-6]

 
Approval and Promulgation of Implementation Plans for Kentucky: 
Permit Provisions for Jefferson County, KY

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the Jefferson County, Kentucky 
portion of the Kentucky State Implementation Plan (SIP) which amends 
four regulations of the Metro Louisville Air Pollution Control District 
(MLAPCD). The four MLAPCD regulations being revised are: Regulation 
1.08, ``Administrative Procedures,'' Regulation 2.05, ``Prevention of 
Significant Deterioration of Air Quality,'' Regulation 2.09, ``Causes 
for Permit Modification, Revocation, or Suspension,'' and Regulation 
2.17, ``Federally Enforceable District Origin Operating Permits.''

DATES: This direct final rule is effective January 2, 2004 without 
further notice, unless EPA receives adverse comment by December 3, 
2003. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments may be submitted by mail to: Michele Notarianni, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960. Comments may also be submitted 
electronically, or through hand delivery/courier. Please follow the 
detailed instructions described in sections I. B.1. through 3. of the 
SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Phone: (404) 562-9031. E-mail: notarianni.michele@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under KY145-200339. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing 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 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30, excluding federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State and Local Air Agency. 
Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel Lane, 
Frankfort, Kentucky 40601-1403. (502/573-3382). Air Pollution Control 
District of Jefferson County, 850 Barrett Avenue--Suite 200, 
Louisville, Kentucky 40204. (502/574-6000)
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov
 where you can find, review, and submit comments on

[[Page 62237]]

Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking KY145-200339'' in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to: notarianni.michele@epa.gov. Please include the text ``Public comment on 
proposed rulemaking KY145-200339'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Michele Notarianni, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960. Please include the text ``Public comment 
on proposed rulemaking KY145-200339'' in the subject line on the first 
page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Michele 
Notarianni, Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division 12th floor, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 9:00 to 3:30, 
excluding federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Today's Action

    EPA is approving a revision to the Jefferson County portion of the 
Kentucky SIP, submitted by the Commonwealth of Kentucky on March 14, 
2003, which amends four MLAPCD regulations affecting Jefferson County, 
Kentucky. Regulation 1.08, ``Administrative Procedures,'' is

[[Page 62238]]

amended to include all of the current actions for which a public 
hearing could be held and removes and reserves Section 5, 
``Noncompliance Penalties,'' because it contains outdated language. 
Other amendments to this regulation include general wording, structure, 
and format changes to be consistent with the District's current 
regulations. Subsection 1.1.7 of Regulation 1.08 was not submitted for 
SIP approval because it references Regulation 2.12, which is not part 
of the approved Kentucky SIP.
    Regulation 2.05, ``Prevention of Significant Deterioration of Air 
Quality,'' is updated to incorporate by reference the current EPA 
Prevention of Significant Deterioration regulation (40 CFR 52.21) with 
specific changes identified. Provisions of 40 CFR 52.21 that do not 
apply to Jefferson County, such as tribal issues and Class I areas, are 
not incorporated by reference into Regulation 2.05.
    Regulation 2.09, ``Causes for Permit Modification, Revocation, or 
Suspension,'' is amended to clearly identify that this regulation also 
deals with issues of permit modification and revocation as well as 
suspension, specifying the circumstances under which they can occur and 
provides due process for the revocation of all permits.
    Regulation 2.17, ``Federally Enforceable District Origin Operating 
Permits,'' specifies that permits may be revoked by the Board and not 
the District. Also, the permit revocation process is removed from 
Regulation 2.17 and added to Regulation 2.09.

III. Final Action

    EPA is approving the aforementioned changes to the SIP because it 
is consistent with the requirements of the Clean Air Act and EPA 
policy. The EPA is publishing this rule without prior proposal because 
the Agency views this as a noncontroversial submittal and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective January 2, 2004 
without further notice unless the Agency receives adverse comments by 
December 3, 2003.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on January 2, 2004 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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. 
section 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 January 2, 2004. 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,

[[Page 62239]]

Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: October 21, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended 
as follows:

PART 52--[AMENDED]

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

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

Subpart S--Kentucky

0
2. Section 52.920, the Jefferson County Regulations table in paragraph 
(c) is amended by revising the entries for ``1.08,'' ``2.05,'' 
``2.09,'' and ``2.17'' to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                             EPA-Approved Jefferson County Regulations for Kentucky
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                                                          EPA                                           District
            Reg                   Title/subject         approval        Federal Register notice        effective
                                                          date                                            date
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Reg 1                                                        General Provisions
---------------------------

                                                  * * * * * * *
1.08......................  Administrative Procedures    11/3/03  [Insert citation of publication]...    6/19/02

                                                  * * * * * * *
---------------------------
Reg 2                                                        Permit Requirements
---------------------------

                                                  * * * * * * *
2.05......................  Prevention of Significant    11/3/03  [Insert citation of publication]...    6/19/02
                             Deterioration of Air
                             Quality.

                                                  * * * * * * *
2.09......................  Causes for Permit            11/3/03  [Insert citation of publication]...    6/19/02
                             Modification,
                             Revocation, or
                             Suspension.

                                                  * * * * * * *
2.17......................  Federally Enforceable        11/3/03  [Insert citation of publication]...    6/19/02
                             District Origin
                             Operating Permits.
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* * * * *
[FR Doc. 03-27551 Filed 10-31-03; 8:45 am]

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