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Approval and Promulgation of Implementation Plans: Revisions to the Kentucky Nitrogen Oxides Budget and Allowance Trading Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 24, 2003 (Volume 68, Number 121)]
[Rules and Regulations]
[Page 37418-37420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn03-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY-142, 144-200330, FRL-7516-1]
Approval and Promulgation of Implementation Plans: Revisions to
the Kentucky Nitrogen Oxides Budget and Allowance Trading Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Kentucky on February 28, 2003. This
submittal revises the new source set-aside program by altering the
methodology for distributing nitrogen oxides allowances. Rather than
grant allowances, the Commonwealth of Kentucky will sell them. This
revision also includes clarification language and changes to
definitions.
EFFECTIVE DATE: This final rule is effective on July 24, 2003.
ADDRESSES: Copies of Kentucky's submittals and other information
relevant to this action are available for
[[Page 37419]]
inspection during normal business hours at the following addresses:
Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel
Lane, Frankfort, Kentucky, 40601-1403.
Persons wanting to examine these documents should make an
appointment at least 24 hours before the visiting day and reference
files KY-142.
FOR FURTHER INFORMATION CONTACT: 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. Mr. Lakeman can also be
reached by phone at (404) 562-9043 or by electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION: On February 28, 2003, the Commonwealth of
Kentucky's Natural Resources and Environmental Protection Cabinet
submitted revisions to EPA that revises definitions and the new source
set-aside program by altering the methodology for distributing nitrogen
oxides (NOX) allowances. The Commonwealth of Kentucky has
revised their new source set-aside program and will sell the allowances
that were previously reserved to allocate to new electric generating
units (EGUs). The Commonwealth will continue to reserve an established
percentage of the non-EGU budget for new non-EGU units. This is a
clarification from the proposal notice in which we previously indicated
that the new source set-asides for both EGUs and non-EGUs would be
sold.
I. Final Action
EPA is approving the aforementioned changes to the SIP because the
revisions are consistent with Clean Air Act and EPA regulatory
requirements. A detailed description of this SIP revision and EPA's
rationale for approving it was provided in the proposed notice and will
not be restated here. No significant or adverse comments were received
on EPA's proposal.
II. 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 (Pub. L. 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. 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 August 25, 2003. 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: June 6, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
? Chapter I, title 40, Code of Federal Regulations, is amended as
follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
? 2. Section 52.920(c) is amended by revising entries for ``401 KAR
51:001'' and ``401-KAR-51:160'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *.
[[Page 37420]]
EPA-Approved Kentucky Regulations for Kentucky
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State
Regulation Title/subject effective EPA approval date Federal Register
date notice
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Chapter 51 New Source Requirements; Non-Attainment Areas
----------------------------------------------------------------------------------------------------------------
401 KAR 51:001.............. Definitions........... 12/18/02 6/24/03................. [Insert Federal
Register cite for
this publication].
* * * * * * *
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401 KAR 51:160.............. NOX Requirements for 12/18/02 6/24/03................. [Insert Federal
Large Utility and Register cite for
Industrial Boilers. this publication].
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* * * * *
[FR Doc. 03-15660 Filed 6-23-03; 8:45 am]
BILLING CODE 6560-50-P