

[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Proposed Rules]               
[Page 61087-61089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc07-19]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0500-200721; FRL-8488-2]

 
Approval and Promulgation of Implementation Plans Kentucky: 
Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a request submitted on May 25, 
2007, by the Commonwealth of Kentucky (Kentucky), through the Kentucky 
Division for Air Quality (KDAQ), to remove the ``Potentially hazardous 
matter or toxic substances'' rule from the EPA-approved Kentucky State 
Implementation Plan (SIP). KDAQ requested that EPA remove this rule 
from the Kentucky SIP, because the rule is not related to the 
attainment and maintenance of the National Ambient Air Quality 
Standards (NAAQS). EPA is proposing to approve this request and correct 
the Kentucky SIP by removing this rule from the SIP pursuant to section 
110(k)(6) of the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 28, 
2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0500, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: lakeman.sean@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2007-0500,'' 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.

[[Page 61088]]

    5. Hand Delivery or Courier: 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. 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, 
8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2007-0500.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through 
http://www.regulations.gov or e-mail, information that you consider to be CBI 

or otherwise protected. The http://www.regulations.gov Web site is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI 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 in http://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: 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. The telephone number is (404) 
562-9043. Mr. Lakeman can also be reached via electronic mail at 
lakeman.sean@epa.gov.


SUPPLEMENTARY INFORMATION: The CAA requires EPA to set NAAQS for 
commonly occurring air pollutants that pose public health and welfare 
threats. These pollutants are known as criteria pollutants. Currently, 
NAAQS exist for six criteria pollutants--ozone (ground level), 
particulate matter, carbon monoxide, sulfur dioxide, lead and nitrogen 
dioxide. On July 12, 1982 (47 FR 30059), EPA erroneously approved 
Kentucky's ``Potentially hazardous matter or toxic substances'' rule 
(401 KAR 63:020) into the SIP. This rule is not related to the 
attainment and maintenance of the NAAQS. Pursuant to section 110 of the 
CAA, provisions approved by EPA as part of States' SIPs should 
generally be related to attainment and maintenance of these NAAQS.
    The Kentucky ``Potentially hazardous matter or toxic substances'' 
rule applies to antimony, arsenic, bismuth, lead, silica, tin and 
compounds of such materials. EPA is, therefore, proposing to correct 
this error by removing the provision from the approved SIP under the 
authority of section 110(k)(6) of the CAA. Section 110(k)(6) provides: 
``Whenever the Administrator determines that the Administrator's action 
approving, disapproving, or promulgating any plan or plan revision (or 
part thereof), area designation, redesignation, classification, or 
reclassification was in error, the Administrator may in the same manner 
as the approval, disapproval, or promulgation revise such action as 
appropriate without requiring any further submission from the State. 
Such determination and the basis thereof shall be provided to the State 
and public.''

Proposed Action

    Since Kentucky's ``Potentially hazardous matter or toxic 
substances'' rule (401 KAR 63:020) is not directed at the attainment 
and maintenance of the NAAQS, EPA has found that its prior approval of 
this particular rule into the Kentucky SIP was in error. Consequently, 
in order to correct this error, EPA is proposing to remove Kentucky 
rule 401 KAR 63:020 from the approved Kentucky SIP pursuant to section 
110(k)(6) of the CAA. EPA will codify this deletion by revising the 
appropriate paragraph under 40 CFR part 52, subpart S, section 52.920 
(Identification of Plan).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to remove an erroneously approved State 
rule from the SIP and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to remove an 
erroneously approved State rule from the SIP 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 proposed 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

[[Page 61089]]

responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to remove an erroneously approved State rule from the 
SIP, and does not alter the relationship or the distribution of power 
and responsibilities established in the CAA. This proposed 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. This proposed 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: October 19, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
[FR Doc. E7-21245 Filed 10-26-07; 8:45 am]

BILLING CODE 6560-50-P
