[Federal Register: October 14, 2003 (Volume 68, Number 198)]
[Rules and Regulations]
[Page 59123-59126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc03-23]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY 135--200337(a); FRL-7572-9]
Approval and Promulgation of Implementation Plans for Kentucky:
Source-Specific Revision for Marathon Ashland Petroleum Marine Repair
Terminal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a source-specific revision to the State
Implementation Plan (SIP) of the Commonwealth of Kentucky. This
revision requires the Marathon Ashland Petroleum Marine Repair Terminal
(MAPMRT) to implement volatile organic compound (VOC) reasonably
available control technology (RACT) for its barge cleaning operation as
part of a contingency measure implemented for the Huntington-Ashland 1-
Hour Ozone Maintenance Area.
DATES: This direct final rule is effective December 15, 2003 without
further notice, unless EPA receives adverse comment by November 13,
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 SUPPLEMENTARY INFORMATION (sections
VI. B.1. through 3.).
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:
Table of Contents
I. What is Today's Action?
II. Why Must Kentucky Adopt an Ozone Contingency Measure for the
Huntington-Ashland Maintenance Area?
III. What Contingency Measure was Adopted for the Area?
IV. What VOC Control System is MAPMRT Using?
V. What is EPA's Final Action?
VI. General Information
VII. Statutory and Executive Order Reviews
I. What Is Today's Action?
EPA is approving a source-specific SIP revision to the Kentucky
SIP, submitted by the Commonwealth of Kentucky on October 7, 2001,
which requires MAPMRT to implement vapor collection and control
equipment with an overall efficiency of at least 90 percent for its
barge cleaning operation. This revision satisfies a requirement for
Kentucky to implement a contingency measure for the Huntington-Ashland
1-Hour Ozone Maintenance Area and meets EPA's VOC RACT requirements for
major VOC sources. The Huntington-Ashland 1-Hour Ozone Maintenance Area
consists of: Boyd County and a portion of Greenup County, Kentucky; and
Cabell County and Wayne County, West Virginia. MAPMRT is located in
Boyd County, Kentucky, within the maintenance area. MAPMRT is a major
VOC point source because the source's barge cleaning operation has the
potential to emit more than 100 tons per year of VOC.
II. Why Must Kentucky Adopt an Ozone Contingency Measure for the
Huntington-Ashland Maintenance Area?
During calendar year 1998, a Huntington, West Virginia ozone
monitor recorded five exceedances of the 1-hour ozone National Ambient
Air Quality Standard (NAAQS) during a period when the 1-hour NAAQS was
revoked by EPA. The 1-hour ozone maintenance plan for the Kentucky
portion of the Huntington-Ashland maintenance area requires Kentucky to
adopt one or more contingency measures within six months of a monitored
violation. This six-month time period is not applicable in this case,
since the initial violation occurred in 1998, during a time period in
which EPA had revoked the 1-hour ozone
[[Page 59124]]
NAAQS. Upon reinstatement of the 1-hour NAAQS, effective October 18,
2000, EPA required violating maintenance areas to expeditiously provide
plans to implement their maintenance plans to address any violations.
Kentucky is fulfilling the latter requirement. A June 28, 2001, letter
from the Commonwealth officially notified EPA of its implementation of
an ozone contingency measure in the Kentucky portion of the Huntington-
Ashland maintenance area. Currently, the area is attaining the 1-hour
ozone NAAQS.
III. What Contingency Measure Was Adopted for the Area?
Kentucky utilized the contingency measure listed in the area's
maintenance plan to implement ``a program to make existing controls on
stationary sources more effective, or require additional emission
reductions.'' Because VOC emissions from MAPMRT's barge cleaning
operations were significant, MAPMRT was selected as a source where
additional emission reductions may be realized. Based on year 2000
emissions data, the barge cleaning operations represent an estimated 87
percent of the source's total VOC emissions. The title V permit for
MAPMRT requires the overall efficiency for capture and control of VOC
emissions from barge cleaning operations to be at least 90 percent to
satisfy Kentucky rule 401 KAR 50:012, ``General application''. This
rule requires RACT for major VOC sources in Kentucky counties
designated ozone nonattainment with the exception of marginal areas.
Although the Kentucky portion of the Huntington-Ashland area is
classified attainment for the 1-hour ozone NAAQS, Kentucky elected as a
contingency measure to require VOC RACT for MAPMRT's barge cleaning
operations. Since no EPA Control Technique Guideline (CTG) exists for
this source category, Kentucky must submit the controls as a source-
specific non-CTG RACT SIP revision to ensure that these controls meet
RACT and are adequately enforceable.
IV. What VOC Control System Is MAPMRT Using?
Earlier than required, MAPMRT installed and is operating a vapor
collection and control system for its barge cleaning operations with an
overall efficiency of 90 percent. The control system will reduce the
source's emissons by an estimated 0.76 tons per day and reduce VOC
point source emissions for the area by an estimated 2.78 percent.
MAPMRT's Barge Cleaning VOC Control Plan, required as part of its title
V permit, describes its Barge Degassing Vapor Control System. This
control system is consistent with those controls used at similar
operations in the country (i.e., Louisiana and Texas). The system uses
thermal oxidation to combust vapors from the barge. The combustion
products are used to produce hot water (or steam) and inert gas, which
are used for input back into the system for greater combustion
efficiency and into the barge for enhanced safety. EPA and Kentucky
believe the system satisfies EPA's RACT requirement for major VOC
sources.
V. What Is EPA's Final Action?
The EPA is approving this source-specific revision to the Kentucky
SIP requiring VOC RACT for MAPMRT 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 December 15,
2003 without further notice unless the Agency receives adverse comments
by November 13, 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 December 15, 2003 and no
further action will be taken on the proposed rule.
VI. 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 KY-135-200337. 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 Air Agency. Commonwealth of
Kentucky, Division for Air Quality, 803 Schenkel Lane, Frankfort,
Kentucky 40601-1403. (502/573-3382).
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
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
[[Page 59125]]
proposed rulemaking KY-135-200337'' 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 KY-135-200337'' 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, 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. Please include the
text ``Public comment on proposed rulemaking KY-135-200337.'' 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 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.
VII. 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
[[Page 59126]]
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 December 15, 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: October 1, 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]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart S--Kentucky
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2. Section 52.920(d) is amended by adding a new entry at the end of the
table to read as follows:
Sec. 52.920 Identification of plan.
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(d) * * *
EPA--Approved Kentucky Source-Specific Requirements
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State Federal Register
Name of source Permit No. effective date EPA approval date Notice
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* * * * * * *
Marathon Ashland Petroleum Marine N/A 12/22/99 10/14/03............. [Insert FR page
Repair Terminal. citation].
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[FR Doc. 03-25798 Filed 10-10-03; 8:45 am]
BILLING CODE 6560-50-P