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Approval and Promulgation of Air Quality Implementation Plans; Kentucky Update to Materials Incorporated by Reference; Technical Correction

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Environmental Protection Agency (EPA).


Final rule; technical correction.


On January 12, 2004, at 69 FR 1677, EPA published a final rule updating the materials incorporated by reference (IBR) into the Kentucky State Implementation Plan (SIP). This document corrects two errors in the amendatory language in the final rule.


This correction is effective April 9, 2004.


SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, GA 30303; Office of Air and Radiation Docket and Information Center, Room B-108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460; and Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

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Michele Notarianni at the above Region 4 address, by phone at (404) 562-9031, or via e-mail at:

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EPA published a document on January 12, 2004, (69 FR 1677) which inadvertently excluded paragraph (e) from the list of paragraphs amended in 40 CFR 52.920 under Subpart S-Kentucky. The document also did not clearly state that only “Table 1-EPA-Approved Kentucky Regulations” of paragraph (c) was to be replaced in its entirety, leaving “Table 2-EPA-Approved Jefferson County Regulations for Kentucky” intact. As a result, Table 2 was inadvertently removed from paragraph (c).

This document corrects the erroneous amendatory language and reinstates Table 2 in its entirety. By this action, the amendatory instructions are replaced in their entirety in the final rule published on January 12, 2004, at 69 FR 1677, on page 1678 in the third column, number 2 of Subpart S, Part 52. These amended instructions include paragraph (e) as one of the paragraphs revised in this IBR update to the Kentucky SIP and specify that Table 2 is to be reinstated under paragraph (c). The only change made to Table 2 is a clarification to the rule publication dates in two instances. Under the column, “EPA approval date,” all rule effective date entries of “11/23/01” and “12/19/02” are replaced with the rule publication dates of “10/23/01” and “11/19/02,” respectively. This change is consistent with other entries of this type in the table and makes it easier for the public to reference the respective documents. Also, one correction was made to the title of Regulation 8.03 to insert the word “Requirements” as follows: “Commuter Vehicle Testing Requirements.”

EPA has determined that today's rule falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved state programs. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice in the CFR benefits the public by updating citations.

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, Start Printed Page 18816the 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 June 8, 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).)

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List of Subjects in 40 CFR Part 52

  • Environmental protection
  • Air pollution control
  • Carbon monoxide
  • Incorporation by reference
  • Intergovernmental relations
  • Lead
  • Nitrogen dioxide
  • Ozone
  • Particulate matter
  • Reporting and recordkeeping requirements
  • Sulfur oxides
  • Volatile organic compounds
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Dated: March 4, 2004.

A. Stanley Meiburg,

Acting, Regional Administrator, Region 4.

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In rule FR Document 04-459 published on January 12, 2004, (69 FR 1677), make the following correction. On page 1678, in the third column, the amendatory instruction 2. to § 52.920 is corrected to read:

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2. In § 52.920, paragraphs (b), (c), (d), and (e) are revised to read as follows:

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Chapter I, title 40, Code of Federal Regulations, is amended as follows:

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

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

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Subpart S—Kentucky

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2. In § 52.920, add a sentence to the end of paragraph (b)(1) and add Table 2 to paragraph (c) to read as follows:

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Identification of plan.
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(b) * * * (1) * * * Entries in paragraph (c), Table 2, with EPA approval dates after October 23, 2001, will be incorporated by reference in the next update to the Jefferson County portion of the Kentucky SIP compilation.

(c) * * *

Table 2.—EPA-Approved Jefferson County Regulations for Kentucky

RegTitle/subjectEPA approval dateFederal Register noticeDistrict effective date
Reg 1—General Provisions
1.01General Application of Regulations and Standards10/23/0166 FR 5366003/17/99
1.02Definitions11/19/0267 FR 6968812/19/01
1.03Abbreviations and Acronyms11/19/0267 FR 6968805/15/02
1.04Performance Tests10/23/0166 FR 5366011/19/97
1.05Compliance with Emission Standards and Maintenance Requirements10/23/0166 FR 5366011/18/92
1.06Source Self-Monitoring and Reporting10/23/0166 FR 5366012/15/93
1.07Emissions During Startups, Shutdowns, Malfunctions and Emergencies10/23/0166 FR 5366001/17/96
1.08Administrative Procedures11/03/0368 FR 6223606/19/02
1.09Prohibition of Air Pollution10/23/0166 FR 5366011/16/83
1.10Circumvention10/23/0166 FR 5366004/19/72
1.11Control of Open Burning10/23/0166 FR 5366002/22/90
1.14Control of Fugitive Particulate Emissions10/23/0166 FR 5366001/20/88
1.18Rule Effectiveness10/23/0166 FR 5368909/21/94
1.19Administrative Hearings11/19/0267 FR 6968805/15/02
Reg 2—Permit Requirements
2.01General Application10/23/0166 FR 5366004/21/82
2.02Air Pollution Regulation Requirements and Exemptions10/23/0166 FR 5366006/21/95
2.03Permit Requirements—Non-Title V Construction and Operating Permits and Demolition/Renovation Permits10/23/0166 FR 5366012/15/93
2.04Construction or Modification of Major Sources in or Impacting Upon Non-Attainment Areas (Emission Offset Requirements)10/23/0166 FR 5366003/17/93
2.05Prevention of Significant Deterioration of Air Quality11/03/0368 FR 6223606/19/02
2.06Permit Requirements—Other Sources10/23/0166 FR 5366011/16/83
2.07Public Notification for Title V, PSD, and Offset Permits; SIP Revisions; and Use of Emission Reduction Credits10/23/0166 FR 5366006/21/95
2.09Causes for Permit Suspension11/03/0368 FR 6223606/19/02
2.10Stack Height Considerations10/23/0166 FR 5366007/19/89
2.11Air Quality Model Usage10/23/0166 FR 5366005/19/99
2.17Federally Enforceable District Origin Operating Permits11/03/0368 FR 6223606/19/02
Reg—3 Ambient Air Quality Standards
3.01Purpose of Standards and Expression of Non-Degradation Intention10/23/0166 FR 5366006/13/79
3.02Applicability of Ambient Air Quality Standards10/23/0166 FR 5366006/13/79
3.03Definitions10/23/0166 FR 5366006/13/79
3.04Ambient Air Quality Standards10/23/0166 FR 5366004/20/88
3.05Methods of Measurement10/23/0166 FR 5366004/20/88
Reg—4 Emergency Episodes
4.01General Provisions for Emergency Episodes10/23/0166 FR 5366006/13/79
4.02Episode Criteria10/23/0166 FR 5366004/20/88
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4.03General Abatement Requirements10/23/0166 FR 5366002/16/83
4.04Particulate and Sulfur Dioxide Reduction Requirements10/23/0166 FR 5366004/19/72
4.05Hydrocarbon and Nitrogen Oxides Reduction Requirements10/23/0166 FR 5366002/16/83
4.06Carbon Monoxide Reduction Requirements10/23/0166 FR 5366002/16/83
4.07Episode Reporting Requirements10/23/0166 FR 5366006/13/79
Reg—6 Standards of Performance for Existing Affected Facilities
6.01General Provisions10/23/0166 FR 5366011/16/83
6.02Emission Monitoring for Existing Sources10/23/0166 FR 5366011/16/83
6.07Standards of Performance for Existing Indirect Heat Exchangers10/23/0166 FR 5366006/13/79
6.08Standard of Performance for Existing Incinerators10/23/0166 FR 5366006/13/79
6.09Standards of Performance for Existing Process Operations10/23/0166 FR 5366003/17/99
6.10Standard of Performance for Existing Process Gas Streams10/23/0166 FR 5366011/16/83
6.12Standard of Performance for Existing Asphalt Paving Operations10/23/0166 FR 5366105/15/91
6.13Standard of Performance for Existing Storage Vessels for Volatile Organic Compounds10/23/0166 FR 5366105/15/91
6.14Standard of Performance for Selected Existing Petroleum Refining Processes and Equipment10/23/0166 FR 5366104/21/82
6.15Standard of Performance for Gasoline Transfer to Existing Service Station Storage Tanks (Stage I Vapor Recovery)01/25/8045 FR 609206/13/79
6.16Standard of Performance for Existing Large Appliance Surface Coating Operations10/23/0166 FR 5366105/15/91
6.17Standard of Performance for Existing Automobile and Truck Surface Coating Operations10/23/0166 FR 5366111/18/92
6.18Standards of Performance for Existing Solvent Metal Cleaning Equipment11/19/0267 FR 6968805/15/02
6.19Standard of Performance for Existing Metal Furniture Surface Coating Operations10/23/0166 FR 5366105/15/91
6.20Standard of Performance for Existing Bulk Gasoline Plants10/23/0166 FR 5366111/16/83
6.21Standard of Performance for Existing Gasoline Loading Facilities at Bulk Terminals10/23/0166 FR 5366111/16/83
6.22Standard of Performance for Existing Volatile Organic Materials Loading Facilities10/23/0166 FR 5366103/17/93
6.24Standard of Performance for Existing Sources Using Organic Materials10/23/0166 FR 5366103/17/93
6.26Standards of Performance for Existing Volatile Organic Compound Water Separators10/23/0166 FR 5366106/13/79
6.27Standards of Performance For Existing Liquid Waste Incinerators10/23/0166 FR 5366106/13/79
6.28Standard of Performance for Existing Hot Air Aluminum Atomization Processes10/23/0166 FR 5366103/18/81
6.29Standard of Performance for Existing Graphic Arts Facilities Using Rotogravure and Flexography10/23/0166 FR 5366105/15/91
6.30Standard of Performance for Existing Factory Surface Coating Operations of Flat Wood Paneling10/23/0166 FR 5366105/15/91
6.31Standard of Performance for Existing Miscellaneous Metal Parts and Products Surface-Coating Operations10/23/0166 FR 5366104/23/96
6.32Standard of Performance for Leaks from Existing Petroleum Refinery Equipment10/23/0166 FR 5366105/15/91
6.33Standard of Performance for Existing Synthesized Pharmaceutical Product Manufacturing Operations10/23/0166 FR 5366105/15/91
6.34Standard of Performance for Existing Pneumatic Rubber Tire Manufacturing Plants10/23/0166 FR 5366105/15/91
6.35Standard of Performance for Existing Fabric, Vinyl and Paper Surface Coating Operations10/23/0166 FR 5366105/15/91
6.38Standard of Performance for Existing Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industries10/23/0166 FR 5366112/17/86
6.39Standard of Performance for Equipment Leaks of Volatile Organic Compounds in Existing Synthetic Organic Chemical and Polymer Manufacturing Plants10/23/0166 FR 5366107/17/96
6.40Standards of Performance for Gasoline Transfer to Motor Vehicles (Stage II Vapor Recovery and Control)10/23/0166 FR 5366108/18/93
6.42Reasonably Available Control Technology Requirements for Major Volatile Organic Compound- and Nitrogen Oxides-Emitting Facilities10/23/0166 FR 5366103/17/99
6.43Volatile Organic Compound Reduction Requirements10/23/0166 FR 5368905/21/97
6.45Standards of Performance for Existing Solid Waste Landfills10/23/0166 FR 5368902/02/94
6.44Standards of Performance for Existing Commercial Motor Vehicle and Mobile Equipment Refinishing Operations10/23/0166 FR 5366109/20/95
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6.46Standards of Performance for Existing Ferroalloy and Calcium Carbide Production Facilities10/23/0166 FR 5366112/21/94
6.48Standard of Performance for Existing Bakery Oven Operations10/23/0166 FR 5366107/19/95
6.49Standards of Performance for Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry10/23/0166 FR 5366406/20/01
6.50NOX Requirements for Portland Cement Kilns11/19/0267 FR 6968803/20/02
Reg 7—Standards of Performance for New Affected Facilities
7.01General Provisions10/23/0166 FR 5366105/17/00
7.06Standards of Performance for New Indirect Heat Exchangers10/23/0166 FR 5366104/21/82
7.07Standard of Performance for New Incinerators10/23/0166 FR 5366109/15/93
7.08Standards of Performance for New Process Operations10/23/0166 FR 5366103/17/99
7.09Standards of Performance for New Process Gas Streams10/23/0166 FR 5366106/18/97
7.11Standard of Performance for New Asphalt Paving Operations10/23/0166 FR 5366105/15/91
7.12Standard of Performance for New Storage Vessels for Volatile Organic Compounds10/23/0166 FR 5366105/15/91
7.14Standard of Performance for Selected New Petroleum Refining Processes and Equipment10/23/0166 FR 5366106/13/79
7.15Standards of Performance for Gasoline Transfer to New Service Station Storage Tanks (Stage I Vapor Recovery)10/23/0166 FR 5366204/20/88
7.18Standards of Performance for New Solvent Metal Cleaning Equipment10/23/0166 FR 5366205/15/91
7.20Standard of Performance for New Gasoline Loading Facilities at Bulk Plants10/23/0166 FR 5366211/16/83
7.22Standard of Performance for New Volatile Organic Materials Loading Facilities10/23/0166 FR 5366203/17/93
7.25Standard of Performance for New Sources Using Volatile Organic Compounds10/23/0166 FR 5366203/17/93
7.34Standard of Performance for New Sulfite Pulp Mills10/23/0166 FR 5366206/13/79
7.35Standard of Performance for New Ethylene Producing Plants10/23/0166 FR 5366206/13/79
7.36Standard of Performance for New Volatile Organic Compound Water Separators10/23/0166 FR 5366206/13/79
7.51Standard of Performance for New Liquid Waste Incinerators10/23/0166 FR 5366201/20/88
7.52Standard of Performance for New Fabric, Vinyl, and Paper Surface Coating Operations10/23/0166 FR 5366205/15/91
7.55Standard of Performance for New Insulation of Magnet Wire10/23/0166 FR 5366203/17/93
7.56Standard of Performance for Leaks from New Petroleum Refinery Equipment10/23/0166 FR 5366205/15/91
7.57Standard of Performance for New Graphic Arts Facilities Using Rotogravure and Flexography10/23/0166 FR 5366205/15/91
7.58Standard of Performance for New Factory Surface Coating Operations of Flat Wood Paneling10/23/0166 FR 5366205/15/91
7.59Standard of Performance for New Miscellaneous Metal Parts and Products Surface Coating Operations10/23/0166 FR 5366204/23/96
7.60Standard of Performance for New Synthesized Pharmaceutical Product Manufacturing Operations10/23/0166 FR 5366205/15/91
7.77Standards of Performance for New Blast Furnace Casthouses10/23/0166 FR 5366210/20/93
7.79Standards of Performance for New Commercial Motor Vehicles and Mobile Equipment Refinishing Operations10/23/0166 FR 5369002/02/94
7.81Standard of Performance for New or Modified Bakery Oven Operations10/23/0166 FR 5366205/17/00
Reg 8—Mobile Source Emissions Control
8.01Mobile Source Emissions Control Requirements09/24/0267 FR 5978511/21/01
8.02Vehicle Emissions Testing Procedure09/24/0267 FR 5978511/21/01
8.03Commuter Vehicle Testing Requirements10/23/0166 FR 5369002/02/94
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[FR Doc. 04-5877 Filed 4-8-04; 8:45 am]