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Clean Air Act Final Interim Approval of Operating Permits Program; Kentucky
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 14, 1995 (Volume 60, Number 219)] [Rules and Regulations] [Page 57186-57188] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [KY-95-01; FRL-5330-2] Clean Air Act Final Interim Approval of Operating Permits Program; Kentucky AGENCY: Environmental Protection Agency (EPA). ACTION: Final interim approval.
SUMMARY: The EPA is promulgating source category-limited (SCL) interim approval of the Operating Permits Program submitted by the Kentucky Natural Resources and Environmental Protection Cabinet for the purpose of complying with Federal requirements for an approvable State program to issue operating permits to all major stationary sources, and to certain other sources. EFFECTIVE DATE: December 14, 1995. ADDRESSES: Copies of the State's submittal and other supporting information used in developing the final interim approval are available for inspection during normal business hours at the following location: U.S. Environmental Protection Agency, Region 4, 345 Courtland Street NE, Atlanta, Georgia 30365, on the 3rd floor of the Tower Building. Interested persons wanting to examine these documents, contained in EPA docket number KY-95-01, should make an appointment at least 24 hours before the visiting day. FOR FURTHER INFORMATION CONTACT: Yolanda Adams, Title V Program Development Team, Air Programs Branch, Air, Pesticides & Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 345 Courtland Street, NE., Atlanta, Georgia 30365, (404) 347-3555, Ext. 4149. SUPPLEMENTARY INFORMATION: I. Background and Purpose A. Introduction Title V of the 1990 Clean Air Act Amendments (sections 501-507 of the Clean Air Act (``the Act'')), and implementing regulations at 40 Code of Federal Regulations (CFR) part 70 require that states develop and submit operating permits programs to EPA by November 15, 1993, and that EPA act to approve or disapprove each program within one year after receiving the submittal. EPA's program review occurs pursuant to section 502 of the Act and the part 70 regulations, which together outline criteria for approval or disapproval. Where a program substantially, but not fully, meets the requirements of part 70, EPA may grant the program interim approval for a [[Page 57187]]
period of up to 2 years. If EPA has not fully approved a program by November 15, 1995, or by the end of an interim program, it must establish and implement a Federal program. On September 5, 1995, EPA proposed SCL interim approval of the operating permits program for the Commonwealth of Kentucky. See 60 FR 46072. The September 5, 1995 notice also proposed approval of Kentucky's interim mechanism for implementing section 112(g) and for delegation of section 112 standards as promulgated. EPA did not receive any comments on the proposal. In this action, EPA is promulgating SCL interim approval of Kentucky's operating permits program, and approving the section 112(g) and section 112(l) mechanisms noted above. II. Final Action and Implications A. Title V Operating Permits Program The EPA is promulgating SCL interim approval of the operating permits program submitted by the Commonwealth of Kentucky on December 27, 1993, and as supplemented on November 15, 1994, April 14, 1995, May 3, 1995, and May 22, 1995. Kentucky's program substantially, but not fully, meets the requirements of part 70 and meets the interim approval requirements under 40 CFR 70.4. The Commonwealth must make the following changes to receive full approval: (1) revise the definitions of ``emissions unit'' and ``stationary source'' to include emissions of any pollutant listed under section 112(b) of the Act; (2) revise the definition of ``regulated air pollutant'' to include any pollutant subject to any requirements established under Section 112 of the Act; and (3) revise Rule 401 KAR 50:035 Section 5(2)(a) to provide for EPA review consistent with 40 CFR 70.8 in order to allow for requirements from preconstruction review permits to be incorporated into part 70 permits via administrative amendments.
The EPA can grant SCL interim approval to states whose programs do not provide for permitting all required sources if the state makes a showing that two criteria were met: (1) That there were ``compelling reasons'' for the exclusions and (2) that all required sources will be permitted on a schedule that ``substantially meets'' the requirements of part 70. EPA considers the omissions in Kentucky's definitions of ``emissions unit'', ``stationary source'', and ``regulated air pollutant'', as compelling reasons for granting SCL interim approval. Kentucky's SCL interim approval request included a revised transition schedule that demonstrates the Commonwealth will permit at least 6012f its sources and at least 8012f its emissions during the first three years. The revised transition plan demonstrates that all part 70 sources will be permitted on a schedule that substantially meets the requirements of part 70.
The scope of the Commonwealth's part 70 program approved in this notice applies to all part 70 sources (as defined in the approved program) within the Commonwealth of Kentucky, except Jefferson County and any sources of air pollution over which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-55818 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the Act as ``any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is Federally recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.'' See section 302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR 54364 (Oct. 21, 1993).
This interim approval, which may not be renewed, extends until December 15, 1997. During this interim approval period, the Commonwealth of Kentucky is protected from sanctions, and EPA is not obligated to promulgate, administer and enforce a Federal operating permits program in the Commonwealth. Permits issued under a program with interim approval have full standing with respect to part 70, and the one-year time period for submittal of permit applications by subject sources begins upon the effective date of this interim approval, as does the 3-year time period for processing the initial permit applications.
If the Commonwealth fails to submit a complete corrective program for full approval by June 16, 1997, EPA will start an 18-month clock for mandatory sanctions. If Kentucky then fails to submit a corrective program that EPA finds complete before the expiration of that 18-month period, EPA will be required to apply one of the sanctions in section 179(b) of the Act, which will remain in effect until EPA determines that Kentucky has corrected the deficiency by submitting a complete corrective program. Moreover, if the Administrator finds a lack of good faith on the part of the Commonwealth, both sanctions under section 179(b) will apply after the expiration of the 18-month period until the Administrator determined that Kentucky had come into compliance. In any case, if, six months after application of the first sanction, Kentucky still has not submitted a corrective program that EPA has found complete, a second sanction will be required. If EPA disapproves Kentucky's complete corrective program, EPA will be required to apply one of the section 179(b) sanctions on the date 18 months after the effective date of the disapproval, unless prior to that date the Commonwealth has submitted a revised program and EPA has determined that it corrected the deficiencies that prompted the disapproval. Moreover, if the Administrator finds a lack of good faith on the part of the Commonwealth, both sanctions under section 179(b) shall apply after the expiration of the 18-month period until the Administrator determines that Kentucky has come into compliance. In all cases, if, six months after EPA applies the first sanction, the Commonwealth has not submitted a revised program that EPA has determined corrects the deficiencies, a second sanction is required. In addition, discretionary sanctions may be applied where warranted any time after the expiration of an interim approval period if Kentucky has not timely submitted a complete corrective program or EPA has disapproved its submitted corrective program. Moreover, if EPA has not granted full approval to Kentucky's program by the expiration of this interim approval and that expiration occurs after November 15, 1995, EPA must promulgate, administer and enforce a Federal permits program for the Commonwealth upon interim approval expiration. B. Preconstruction Permit Program Implementing Section 112(g) EPA is approving the use of Kentucky's preconstruction review program found in Rule 401 KAR 50:035 as a mechanism to implement section 112(g) during the transition period between promulgation of EPA's section 112(g) rule and Kentucky's adoption of rules specifically designed to implement section 112(g). This approval is limited to the implementation of the 112(g) rule and is effective only during any transition time between the effective date of the 112(g) rule and the adoption of specific rules by Kentucky to implement 112(g). The duration of this approval is limited to 18 months following promulgation by EPA of section 112(g) regulations, to provide the Commonwealth with adequate time to adopt regulations consistent with Federal requirements. C. Program for Delegation of Section 112 Standards as Promulgated Requirements for approval, specified in 40 CFR 70.4(b), encompass section 112(l)(5) requirements for approval of a [[Page 57188]]
program for delegation of section 112 standards as promulgated by EPA as they apply to part 70 sources. Section 112(l)(5) requires that the State's program contain adequate authorities, adequate resources for implementation, and an expeditious compliance schedule, which are also requirements under part 70. Therefore, the EPA is also promulgating approval under section 112(l)(5) and 40 CFR 63.91 of the Commonwealth's program for receiving delegation of section 112 standards that are unchanged from Federal standards as promulgated. This program for delegations applies to both existing and future standards and to sources covered by the part 70 program as well as non-part 70 sources. III. Administrative Requirements A. Docket Copies of the Commonwealth's submittal and other information relied upon for the final interim approval are contained in docket number KY- 95-01 maintained at the EPA Regional Office. The docket is an organized and complete file of all the information submitted to, or otherwise considered by, EPA in the development of this final interim approval. The docket is available for public inspection at the location listed under the ADDRESSES section of this document. B. Executive Order 12866 The Office of Management and Budget has exempted this action from Executive Order 12866 review. C. Regulatory Flexibility Act The EPA's actions under section 502 of the Act do not create any new requirements, but simply address operating permits programs submitted to satisfy the requirements of 40 CFR part 70. Because this action does not impose any new requirements, it does not have a significant impact on a substantial number of small entities. List of Subjects in 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. Dated: October 31, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-28066 Filed 11-13-95; 8:45 am] BILLING CODE 6560-50-P