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(continued)
perchloroethylene dry cleaners.
Variance for two dry cleaners..... N/A.................. 01/27/83 05/05/83, 48 FR 20233.
Variance for Jiffy and Hiland Dry N/A.................. 04/25/84 04/18/85, 50 FR 15421.
Cleaners.
TVA Paradise Permit............... KDEPDAQ Permit 0-87- 06/29/87 08/25/89, 54 FR 35326.
012.
Opacity variance for boiler Units KDEPDAQ Permit 0-86- 07/24/96 08/17/88, 53 FR 30998.
1 and 2 of TVA's Paradise Steam 75.
Plant.
Operating Permits for nine presses APCDJC Permits 103- 02/28/90 05/16/90, 55 FR 20269.
at the Alcan Foil Products 74, 104-74, 105-74,
facility_Louisville. 103-74, 110-74, 111-
74.
Operating Permit requiring VOC KDEPDAQ Permit 0-94- 11/17/94 05/24/95, 60 FR 27411.
RACT for Calgon CO. 020.
Reynolds Metals Company........... APCDJC Permits 103- 04/16/97 01/13/98, 63 FR 1929.
74, 104-74, 016-74,
110-74, 111-74.
Alternative Averaging Period for KDEPDAQ Permit V-98- 07/07/99 05/09/01, 66 FR 23617.
American Greetings Corporation. 049.
Title V permit requiring VOC RACT KDEPDAQ Permit 21-029- 07/20/01 10/23/01, 66 FR 53664.
for Publisher's Printing, Inc., 00019.
Bullitt County.
Board Order American Synthetic NOX RACT Plan 12/20/ 01/01/01 10/23/01, 66 FR 53684.
Rubber Company. 00.
Board Order E.I. du Pont de NOX RACT Plan 02/21/ 03/01/01 10/23/01, 66 FR 53684.
Nemours & Company. 01.
Board Order Ford Louisville NOX RACT Plan 11/08/ 01/01/00 10/23/01, 66 FR 53684.
Assembly Plant. 99.
Board Order General Electric NOX RACT Plan 01/17/ 03/01/01 10/23/01, 66 FR 53684.
Company. 01.
Board Order Kosmos Cement Company. NOX RACT Plan 05/03/ 05/03/04 05/18/05, 70 FR 28429.
04.
Board Order Louisville Gas and NOX RACT Plan 10/18/ 01/01/01 10/23/01, 66 FR 53684.
Electric Company, Cane Run 00.
Generating Station.
Board Order Louisville Gas and NOX RACT Plan 10/18/ 01/01/01 10/23/01, 66 FR 53684.
Electric Company, Mill Creek 00.
Generating Station.
Board Order Louisville Medical NOX RACT Plan 02/21/ 04/01/01 10/23/01, 66 FR 53685.
Center Steam Plant. 01.
Board Order Oxy Vinyls, LP........ NOX RACT Plan 12/20/ 01/01/01 10/23/01, 66 FR 53685.
00.
Board Order Rohm and Haas Company. NOX RACT Plan 12/20/ 01/01/01 10/23/01, 66 FR 53685.
00.
Board Order Texas Gas Transmission NOX RACT Plan 11/08/ 01/01/00 10/23/01, 66 FR 53685.
99.
Lawson Mardon Packaging, USA, Inc. N/A.................. 08/11/03 07/10/03, 68 FR 41084. .................
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(e) EPA-approved non-regulatory provisions.
EPA_Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal
Name of non-regulatory SIP geographic or date/ EPA approval date Explanations
provision nonattainment area effective
date
----------------------------------------------------------------------------------------------------------------
Air Quality surveillance plan... Commonwealth of 11/15/79 11/16/81, 46 FR 56198.
Kentucky.
Protection Visibility in Class I Mammoth Cave 08/31/97 07/12/88, 53 FR 26253.
Areas. National Park
(Class I area).
Small Business Assistance Commonwealth of 07/15/93 06/19/95, 60 FR 31915.
Program. Kentucky.
Lexington Maintenance Plan...... Fayette County, 08/24/04 09/16/04, 69 FR 55751.
Scott County.
Ashland-Huntington Maintenance Boyd County, 05/24/95 06/29/95, 60 FR 33752.
Plan. Greenup County.
Maintenance Plan for Owensboro Daviess County, 04/14/98 09/03/98, 63 FR 46898.
& Edmonson County Area. Hancock County,
Edmonson County.
Northern Kentucky 15% Plan & Boone, Campbell and 09/11/98 12/08/98, 63 FR 67591.
I/M. Kenton Counties.
Negative Declarations for the Jefferson County, 12/14/99 10/23/01, 66 FR 53665.
nonattainment portions of Bullitt County,
Bullitt and Oldham Counties in Oldham County.
Louisville 1-hour moderate
ozone nonattainment area for
CTG rules for aerospace, SOCMI,
shipbuilding, and wood
furniture manufacturing.
Negative Declarations submitted Jefferson County, 02/26/01 10/23/01, 66 FR 53665.
by the Air Pollution Control Bullitt County,
District of Jefferson County Oldham County.
for the Louisville 1-hour
moderate ozone nonattainment
area for CTG rules for
aerospace, shipbuilding, and
wood furniture manufacturing.
Louisville 1-Hour Ozone Jefferson County 11/1/03 05/18/05, 70 FR 28429.
Maintenance Plan. and portions of
Bullitt and Oldham
Counties.
Maintenance Plan for Paducah Marshall County and 06/14/01 08/20/01, 66 FR 43488.
Area. a portion of
Livingston County.
Northern Kentucky 1-Hour Ozone Boone, Campbell, 02/09/05 10/04/05, 70 FR 57750
Maintenance Plan. and Kenton
Counties.
8-Hour Ozone Maintenance Plan Christian County... 05/20/2005 01/25/06, 71 FR 4047
for the Christian County,
Kentucky area.
----------------------------------------------------------------------------------------------------------------
[64 FR 28750, May 27, 1999, as amended at 65 FR 12950, Mar. 10, 2000; 65 FR 37898, June 19, 2000; 66 FR 23617, May 9, 2001; 66 FR 43491, Aug. 20, 2001; 66 FR 53659, 53664, 53684, 53689, Oct. 23, 2001; 67 FR 5953, Feb. 8, 2002; 67 FR 17630, Apr. 11, 2002; 67 FR 59786, Sept. 24, 2002; 67 FR 69690, Nov. 19, 2002; 68 FR 32384, May 30, 2003; 68 FR 37419, June 24, 2003; 69 FR 1678, Jan. 12, 2004; 69 FR 18816, Apr. 9, 2004; 69 FR 55751, Sept. 16, 2004; 69 FR 56174, Sept. 20, 2004; 70 FR 28435, May 18, 2005; 70 FR 57761, Oct. 4, 2005; 71 FR 4049, Jan. 25, 2006]
§ 52.921 Classification of regions.
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The Kentucky plan was evaluated on the basis of the following classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Appalachian Intrastate............................... II III III III III
Bluegrass Intrastate................................. II III III III III
Evansville (Indiana)-Owensboro-Henderson (Kentucky) I II III III III
Interstate..........................................
Huntington (West Virginia)-Ashland (Kentucky)- I III III III III
Portsmouth-Ironton (Ohio) Interstate................
Louisville Interstate................................ I I III III I
Metropolitan Cincinnati Interstate................... I II III III I
North Central Kentucky Intrastate.................... II III III III III
Paducah (Kentucky)-Cairo (Illinois) Interstate....... I II III III III
South Central Kentucky Intrastate.................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10868, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
§ 52.922 [Reserved]
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§ 52.923 Approval status.
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(a) With the exceptions set forth in this subpart, the Administrator approves Kentucky's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January.
(b) New Source review permits issued pursuant to Section 173 of the Clean Air Act will not be deemed valid by EPA unless the provisions of Section V of Appendix S of 40 CFR part 51 are met.
[45 FR 72157, Oct. 31, 1980]
§ 52.924 Legal authority.
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(a) The requirements of §51.230(f) of this chapter are not met since K.R.S. 224.380 of the Air Pollution Control Law of the Commonwealth of Kentucky (June 18, 1970) does not provide for the release, under certain circumstances, of emission data to the public.
(b) Delegation of Authority: Pursuant to section 114 of the Act, Kentucky requested a delegation of authority to enable it to collect, correlate, and release emission data to the public. The Administrator has determined that Kentucky is qualified to receive a delegation of the authority it requested. Accordingly, the Administrator delegates to Kentucky his authority under section 114(a) (1) and (2) and section 114(c) of the Act, i.e., authority to collect, correlate, and release emission data to the public.
[37 FR 10868, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 51 FR 40676, Nov. 7, 1986]
§ 52.925 General requirements.
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(a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate.
[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
§ 52.926 Attainment dates for national standards.
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The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in Kentucky's plan, except where noted.
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------------------------
Air quality control region Particulate matter Sulfur oxides
-------------------------------------------- Nitrogen Carbon Ozone
Primary Secondary Primary Secondary dioxide monoxide
----------------------------------------------------------------------------------------------------------------
Appalachian Intrastate:
a. Bell County................... g h b b b b b
b. Perry County.................. g h b b b b b
c. Whitley County................ g h b b b b b
d. Rest of AQCR.................. c c b b b b b
Bluegrass Intrastate:
a. Fayette County................ a c b b b b g
b. Madison County................ g h b b b b b
c. Rest of AQCR.................. a c b b b b b
Evansville (Indiana)-Ownsboro-
Henderson (Kentucky) Interstate:
a. Daviess County................ g i g g b b b
b. Henderson County.............. g i a e b b g
c. Webster County................ c c g g b b b
d. Rest of AQCR.................. c c a e b b b
Huntington (West Virginia)-Ashland
(Kentucky)-Portsmouth-Ironton
(Ohio) Interstate:
a. Boyd County................... g i g b b b g
b. Lawrence County............... g h b b b b b
c. Rest of AQCR.................. c c b b b b b
Louisville Interstate.............. g i j j b h h
Metropolitan Cincinnati Interstate:
a. Boone County.................. c c a d b d h
b. Campbell County............... g h a d b d h
c. Kenton County................. c c a d b d h
d. Rest of AQCR.................. c c a d b d c
North Central Kentucky Intrastate:
a. Bullitt County................ g h b b b b b
b. Rest of AQCR.................. a c b b b b b
Paducah (Kentucky) Cairo (Illinois)
Interstate:
a. McCracken County.............. g h g f b b b
b. Marshall County............... c g a f b b b
c. Muhlenberg County............. g h g g b b b
d. Rest of AQCR.................. c c a f b b b
South Central Kentucky Intrastate.. b b b b b b b
----------------------------------------------------------------------------------------------------------------
See § 81.318 of this chapter to identify the specific nonattainment area.
Note: Dates or footnotes in italics are prescribed by the Administrator because the plan did not provide a
specific date or the dates provided were not acceptable. Sources subject to plan requirements and attainment
dates established under section 110(a)(2)(A) prior to the 1977 Clean Air Act Amendments remain obligated to
comply with those requirements by the earlier deadlines. The earlier attainment dates are set out at 40 CFR
52.926 (1979 edition).
a. Air quality levels presently below primary standards or area is unclassifiable.
b. Air quality levels presently below secondary standards or area is unclassifiable.
c. April 1975.
d. July 1975.
e. July 1977.
f. July 1978.
g. December 31, 1982.
h. December 31, 1987.
i. 18 month extension for plan submittal granted: attainment date not yet established.
j. January 1, 1985.
[45 FR 85002, Dec. 24, 1980]
§ 52.927 Compliance schedules.
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(a) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required.
(b) Federal compliance schedules.
(1) Except as provided in paragraph (b)(5) of this section, the owner or operator of any fuel-burning facility subject to the requirements of the Kentucky Air Pollution Control Regulations as they apply to sulfur dioxide sources, shall notify the Regional Administrator, by no later than November 3, 1975, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to meet these requirements.
(2) Any owner or operator of a stationary source subject to paragraph (b)(1) of this section who elects to utilize low-sulfur fuel shall be subject to the following compliance schedule:
(i) December 1, 1975—Submit to the Regional Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on July 1, 1977, and for at least one year thereafter, as well as a statement as to whether boiler modifications will be required. If so, final plans for such modifications must be submitted simultaneously.
(ii) December 31, 1975—Sign contracts with fuel suppliers for projected fuel requirements as projected above.
(iii) December 31, 1975—Let contracts for necessary boiler modifications, if applicable.
(iv) January 30, 1976—Initiate onsite modifications, if applicable.
(v) May 1, 1977—Complete onsite modifications, if applicable.
(vi) July 1, 1977—Achieve compliance with the applicable regulations, and certify such compliance to the Regional Administrator.
(3) Any owner or operator subject to paragraph (b)(1) of this section who elects to utilize stack gas desulfurization shall be subject to the following compliance schedule:
(i) December 1, 1975—Submit to the Regional Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations.
(ii) December 31, 1975—Negotiate and sign all necessary contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modifications.
(iii) January 30, 1976—Initiate onsite construction or installation of emission control equipment or process modification.
(iv) May 1, 1977—Complete onsite construction or installation or emission control equipment or process modification.
(v) July 1, 1977—Complete shakedown operations and performance tests for the applicable unit(s); achieve compliance with Kentucky Division of Air Pollution Regulation for sulfur dioxide sources and certify such compliance to the Regional Administrator. Ten days prior to any performance testing, notice must be given to the Regional Administrator to afford him the opportunity to have an observer present.
(4) Five days after the deadline for completing increments in paragraphs (b)(2)(ii) through (b)(2)(v) and (b)(3)(ii) through (b)(3)(iv) of this section, certify to the Regional Administrator whether the increment has been met.
(5) (i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations. The owner or operator of any fuel-burning facility with an aggregate heat input of more than 250 million BTU per hour which is presently in compliance, shall certify such compliance to the Regional Administrator by November 3, 1975. The Regional Administrator may request whatever supporting information he considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.
(iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Regional Administrator no later than December 1, 1975, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If approved by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.
(6) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of a compliance schedule in this paragraph fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter.
[38 FR 16145, June 20, 1973, as amended at 40 FR 3418, Jan. 22, 1975; 40 FR 14071, Mar. 28, 1975; 40 FR 29541, July 14, 1975; 40 FR 40160, Sept. 2, 1975; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]
§ 52.928 Control strategy: Sulfur oxides.
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The revised SO2 emission limit for large coal-fired boilers in Bell, Clark, and Woodford Counties, submitted on June 29, 1979, is disapproved since it does not provide for attainment and maintenance of all SO2 NAAQS. The limit approved by EPA on May 10, 1976 (41 FR 19105), remains the limit applicable to these sources.
[49 FR 11091, Mar. 23, 1984]
§ 52.929 [Reserved]
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§ 52.930 Control strategy: Ozone.
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(a) The VOC bubble for Alcan Foil Products in Louisville submitted as a SIP revision on March 3, 1986, is disapproved. The source must continue to meet all the requirements of Jefferson County Regulation 6.29.
(b) Part D—disapproval—(1) Campbell and Kenton Counties nonattainment area. The 1979 SIP revisions for these two counties are disapproved because the Commonwealth failed to submit evidence of legal authority to implement a vehicle inspection and maintenance program as required under section 172(b)(11)(B) of the Clean Air Act. No major new or modified sources of volatile organic compounds can be built in these two counties by virtue of the provisions of section 110(a)(2)(l) of the Clean Air Act.
(2) Northern Kentucky (Boone, Campbell and Kenton Counties) ozone nonattainment area. The demonstration of attainment of the ozone standards by the end of 1982, submitted as part of Kentucky's ozone SIP revision on June 23, 1982, (draft), September 27, 1982, and November 3, 1982, is disapproved. As a result, the extension of the attainment deadline until December 31, 1987, remains in effect, along with the related requirement to submit a SIP revision addressing all requirements of Part D extension areas.
(c) The redesignation request submitted by the Commonwealth of Kentucky, on November 11, 1994, for the Kentucky portion of the Cincinnati-Northern Kentucky moderate interstate ozone nonattainment area from nonattainment to attainment was disapproved on September 27, 1996.
(d) Kentucky's November 15, 1996, request for a 1-year attainment date extension for the Kentucky portion of the Cincinnati-Hamilton metropolitan moderate ozone nonattainment area which consists of Kenton, Boone, and Campbell Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1997.
(e) Kentucky's November 15, 1996, request for a 1-year attainment date extension for the Kentucky portion of the Louisville moderate ozone nonattainment area which consists of Jefferson County and parts of Bullitt and Oldham Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1997.
(f) Kentucky's January 7, 1998, request for a 1-year attainment date extension for the Kentucky portion of the Cincinnati-Hamilton metropolitan moderate ozone nonattainment area which consists of Kenton, Boone, and Campbell Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1998.
(g) The redesignation request submitted by the Commonwealth of Kentucky, on October 29, 1999, for the Kentucky portion of the Cincinnati-Hamilton moderate interstate ozone nonattainment area from nonattainment to attainment was approved on July 5, 2000. The mobile source budgets for the Kentucky portion of the area for the purposes of transportation conformity are now 5.83 tons per summer day of volatile organic compounds and 15.13 tons per summer day of nitrogen oxides for the year 2010.
(h) Determination—EPA is determining that as of July 5, 2000, the Kentucky portion of the Cincinnati-Hamilton ozone nonattainment area (which includes the Counties of Boone, Kenton, and Campbell) has attained the 1-hour ozone standard and that the attainment demonstration requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the section 172(c)(9) contingency measure requirements, do not apply to the area.
(i) Approval—EPA is approving an exemption from the requirements contained in section 182(f) of the Clean Air Act. This approval exempts Boone, Kenton, and Campbell counties in Kentucky from the NOX related general conformity provisions; nonattainment NSR for new sources and modifications that are major for NOX; NOX RACT; and the requirement for a demonstration of compliance with the enhanced I/M performance standard for NOX.
(j) [Reservd]
(k) The redesignation request submitted by the Commonwealth of Kentucky, on March 30, 2001, and supplemented on July 9, 2001, for the Kentucky portion of the Louisville moderate interstate ozone nonattainment area from nonattainment to attainment was approved on October 23, 2001. The motor vehicle emissions budgets for VOC and NOX in the Kentucky portion of the Louisville moderate interstate maintenance plan are adequate for conformity purposes and approvable as part of the maintenance plan. The 1-hour ozone standard maintenance plan motor vehicle emission budgets for the entire interstate Louisville area for the purposes of transportation conformity are now 48.17 tons per summer day of VOC and 92.93 tons per summer day of NOX for the year 2012.
[46 FR 58082, Nov. 30, 1981, as amended at 48 FR 13169, Mar. 30, 1983; 51 FR 10210, Mar. 25, 1986; 54 FR 10983, Mar. 16, 1989; 60 FR 32469, June 22, 1995; 60 FR 40101, Aug. 7, 1995; 61 FR 50720, Sept. 27, 1996; 62 FR 28637, May 27, 1997; 62 FR 40281, July 28, 1997; 62 FR 55176, Oct. 23, 1997; 62 FR 61246, Nov. 17, 1997; 63 FR 14625, Mar. 26, 1998; 65 FR 37898, June 19, 2000; 66 FR 53685, Oct. 23, 2001]
§ 52.931 Significant deterioration of air quality.
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(a) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 (b) through (w) are hereby incorporated and made a part of the applicable state plan for the State of Kentucky only as they apply to permits issued pursuant to §52.21 prior to final approval of Kentucky's Regulation for Prevention of Significant Deterioration (PSD), Visibility Monitoring, and Visibility New Source Review in Attainment Areas. The provisions of §52.21 (b) through (w) are rescinded for permits issued after final approval of Kentucky's Regulation for Prevention of Significant Deterioration (PSD), Visibility Monitoring, and Visibility New Source Review in Attainment Areas.
(b) The Commonwealth of Kentucky has committed to revising the state's regulations accordingly when EPA amends the federal vessel emissions provisions contained in 40 CFR 51.166. In a letter dated October 17, 1986, Kentucky stated:
As requested, the Division of Air Pollution Control hereby commits to changing the definition of “building, structure, facility, or installation,” and any other applicable definitions, when the issue of vessel emissions is resolved at the federal level, and after the federal regulation, 40 CFR 51.24, is amended.
(c) In a letter dated May 3, 1988, EPA informed Kentucky that the following caveat must be included in all potentially affected permits due to a decision of the U.S. Court of Appeals for the District of Columbia Circuit (NRDC v. Thomas, 838 F.2d 1224):
In approving this permit, the Kentucky Division for Air Quality has determined that the application complies with the applicable provisions of the stack height regulations as revised by the EPA on July 8, 1985 (50 FR 27892). Portions of the regulations have been remanded by a panel of the U.S. Court of Appeals for the D.C. Circuit in NRDC v. Thomas, 838 F.2d 1224 (D.C. Cir. 1988). Consequently, this permit may be subject to modification if and when the EPA revises the regulation in response to the court decision. This may result in revised emission limitations or may affect other actions taken by the source owners or operators.
Kentucky responded with a letter dated May 11, 1988, stating in part:
This is in response to your letter dated May 3, 1988 * * *. As requested by your letter, the Kentucky Division for Air Quality agrees to include the condition set forth in your letter, in all potentially affected permits issued under regulation 401 KAR 51:017 or 401 KAR 51:052. Therefore, we request that you consider this letter as our commitment that the required caveat will be included in all potentially affected permits * * *.
[54 FR 36311, Sept. 1, 1989]
§ 52.932 Rules and regulations.
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(a) The last sentence of section 3(1) of Kentucky regulation 401 KAR 3:050, which specifies that a new fossil fuel fired steam electric generator's allowable SO2 emissions may be calculated by averaging SO2 emissions from existing units of this type and from new ones, is disapproved since it contravenes subpart D of 40 CFR part 60, New Source Performance Standards.
(b) Section 8(2)(a) of regulation 401 KAR 61:015 is disapproved in that it allows the Tennessee Valley Authority's Shawnee power plant until October 1, 1981, to achieve compliance with emissions limits which are not made more stringent by the 1979 Part D revisions, and which the source was previously required to meet by July 1, 1977.
(c) Section 8(2)(d) of regulation 401 KAR 61:015 is disapproved in that it allows sources until December 31, 1982, to achieve compliance with emission limits which are not made more stringent by the 1979 Part D revisions, and which the sources were previously required to meet prior to 1979.
[41 FR 19106, May 10, 1976, as amended at 46 FR 40188, Aug. 7, 1981]
§ 52.933 Control Strategy: Sulfur oxides and particulate matter.
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In a letter dated March 27, 1987, the Kentucky Department for Natural Resources and Environmental Protection certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to: Big Rivers-Green #1 & 2, Kentucky Utilities-Ghent #3 & 4, and Ashland Oil, Inc.-Catlettsburg.
[54 FR 23478, June 1, 1989]
§ 52.934 VOC rule deficiency correction.
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(a) Sections 1.02, 1.08, 6.12, 6.13, 6.16, 6.18, 6.19, 6.23, 6.29, 6.30, 6.31, 6.32, 6.33, 6.34, 6.35, 7.11, 7.12, 7.16, 7.18, 7.19, 7.23, 7.52, 7.56, 7.57, 7.58, 7.59, 7.60 and 7.61 of the Jefferson County portion of the Commonwealth of Kentucky SIP are being approved. The Commonwealth submitted these regulations to EPA for approval on February 12, 1992. These sections were intended to correct deficiencies cited in a letter calling for the Commonwealth to revise its SIP for ozone from Greer C. Tidwell, the EPA Regional Administrator, to Governor Wallace G. Wilkinson on May 26, 1988, and clarified in a letter from Winston A. Smith, Air, Pesticides & Toxics Management Division Director, to William C. Eddins, Director of the Commonwealth of Kentucky Division for Air Quality.
(b) Sections 1.05, 1.06, 6.17, 6.36, 6.37, and 6.40 of the Jefferson County portion of the Commonwealth of Kentucky SIP are being approved. The Commonwealth submitted these regulations to EPA for approval on March 4, 1993. These sections were intended to correct deficiencies cited in a letter calling for the Commonwealth to revise its SIP for ozone from Greer C. Tidwell, the EPA Regional Administrator, to Governor Wallace G. Wilkinson on May 26, 1988, and clarified in a letter from Winston A. Smith, Air, Pesticides & Toxics Management Division Director, to William C. Eddins, Director of the Commonwealth of Kentucky Division for Air Quality.
(c) Deficiencies in 1.12 Emissions Trading, however, have not been corrected. The above deficiencies must be corrected according to the letters mentioned above, the proposed post-1987 ozone policy (52 FR 45044), and other EPA guideline relating to the deficiencies before the SIP for ozone can be fully approved.
[59 FR 32352, June 23, 1994]
§ 52.935 PM10 State implementation plan development in group II areas.
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On July 7, 1988, the State submitted a committal SIP for the cities of Ashland and Catlettsburg in Boyd County. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. The SIP commits the State to submit an emissions inventory, continue to monitor for PM10, report data and to submit a full SIP if a violation of the PM10 National Ambient Air Quality Standards is detected.
[55 FR 4172, Feb. 7, 1990]
§ 52.936 Visibility protection.
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(a) The requirements of Section 169A of the Clean Air Act are not met because the plan does not include approvable procedures meeting the requirements of 40 CFR 51.307 (b) and (c) for protection of visibility in mandatory Class I Federal areas from sources in nonattainment areas.
(b) Regulations for visibility monitoring and new source review. The provisions of §52.28 are hereby incorporated and made part of the applicable plan for the State of Kentucky.
[54 FR 36311, Sept. 1, 1989]
§ 52.937 Review of new sources and modifications.
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(a) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT) exemption request submitted by the Kentucky Department for Environmental Protection on August 16, 1994, for the Kentucky portion of the Huntington-Ashland ozone (O3) moderate nonattainment area. This approval exempts this area from implementing NOX RACT on major sources of NOX. If a violation of the O3 NAAQS occurs in the area, the exemption from the requirement of section 182(f) of the CAA in the applicable area shall not apply.
(b) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT) exemption for the Kentucky portion of the Cincinnati-Hamilton ozone (O3) moderate nonattainment area. This approval exempts this area from implementing NOX RACT on major sources of NOX.
[60 FR 21717, May 3, 1995, as amended at 65 FR 37898, June 19, 2000]
§ 52.938 General conformity.
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The General Conformity regulations were submitted on November 10, 1995, and adopted into the Kentucky State Implementation Plan (SIP). The Commonwealth of Kentucky incorporated by reference regulations 40 CFR part 51, subpart W—determining conformity of General Federal Actions to State or Federal Implementation Plans.
[63 FR 40046, July 27, 1998]
§ 52.939 Original identification of plan section.
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(a) This section identifies the original “Air Implementation Plan for the Commonwealth Kentucky” and all revisions submitted by Kentucky that were federally approved prior to March 1, 1999.
(b) The plan was officially submitted on February 8, 1972, and was resubmitted on December 5, 1973.
(c) The plan revisions listed below were submitted on the dates specified.
(1) Clarifying comments on the plan submitted on March 6, 1972, by the Kentucky Air Pollution Control Office.
(2) Chapters IV and V, Control Strategies, and Chapter VII, Emission Control Regulations, submitted on March 17, 1972, by the Kentucky Air Pollution Control Office.
(3) Summary letter of Kentucky Air Pollution Control Commission and Regional Office meeting with attachments submitted May 3, 1972, by the Kentucky Air Pollution Control Office.
(4) Letter requesting delegation of authority and offering justification for a two-year extension for attainment of the sulfur dioxide primary standard submitted on June 7, 1972, by the Governor.
(5) Indirect source Regulation AP–11 and compliance schedules submitted on December 5, 1973, by the Governor.
(6) Compliance schedules submitted on February 15, 1974, by the Kentucky Department for Natural Resources and Environmental Protection.
(7) Compliance schedules submitted on April 23, 1974, by the Kentucky Department for Natural Resources and Environmental Protection.
(8) Clarifying comments submitted on May 21, 1974, by the Kentucky Department for Natural Resources and Environmental Protection.
(9) AQMA material submitted on January 6, 1975, by the Kentucky Department for Natural Resources and Environmental Protection.
(10) Revised body of air pollution control regulations and revised control strategies submitted respectively on August 29 and September 16, 1975, by the Kentucky Department for Natural Resources and Environmental Protection.
(11) Letters requesting delegation of Federal authority for the administrative and technical portions of the Prevention of Significant Deterioration program were submitted on May 5 and June 13, 1976 by the Secretary of the Department for Natural Resources and Environmental protection.
(12) 1979 revisions for Part D requirements for ozone nonattainment areas, submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection.
(13) 1979 revisions for Part D requirements for sulfur dioxide nonattainment areas (Boyd, Jefferson, McCracken, Muhlenberg, and Webster Counties), submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection.
(14) 1979 revisions for Part D requirements for total suspended particulate nonattainment areas (Bell, Boyd, Jefferson, McCracken and Muhlenberg counties, that portion of Bullit County in Shepherdsville, that portion of Campbell County in Newport, that portion of Daviess County in Owensboro, those portions of Henderson County in and around Henderson, that portion of Lawrence County in Louisa, that portion of Madison County in Richmond, that portion of Perry County in Hazard, that portion of Pike County in Pikeville, and that portion of Whitley County in Corbin) submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection.
(15) Revision to the State Implementation Plan for a bubble action at the Kentucky Utilities—Green River Station was submitted on December 1, 1980.
(16) Corrections in 1979 ozone revisions required by conditional approval of January 25, 1980, submitted on May 18, 1980 (letter on oil-water effluent separators), September 22, 1980 (Jefferson County I/M ordinance and schedule), November 19, 1980 (Jefferson County transportation related commitments), and on January 8, 1981 (changes in Jefferson County I/M schedule), by the Kentucky Department for Natural Resources and Environmental Protection.
(17) 1979 Revisions for Part D requirements for the Jefferson County carbon monoxide nonattainment area, submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection. Additional materials to correct the deficiencies noted in the November 15, 1979 proposed conditional approval were submitted as SIP revisions on September 22, 1980, November 19, 1980, and January 8, 1981, as noted in the preceding paragraph.
(18) Air quality surveillance plan submitted on November 15, 1979, by the Kentucky Department for Natural Resources and Environmental Protection.
(19) Revision to the State Implementation Plan for a bubble action at Corning Glassworks, Danville, Kentucky was submitted on May 18, 1981, by the Kentucky Department for Natural Resources and Environmental Protection.
(20) Revision to the State Implementation Plan for a bubble action at National Distillers Company's Old Crow Plant in Woodford County, submitted on December 24, 1980, by the Kentucky Department for Natural Resources and Environmental Protection.
(21) Boone County Inspection/Maintenance ordinance and transportation control measures for Boone, Campbell, and Kenton Counties, submitted on November 19, 1980, by the Kentucky Department for Natural Resources and Environmental Protection.
(22) Set II VOC regulations, submitted on February 5, 1981, and September 24, 1982, by the Kentucky Department for Environmental Protection.
(23) Implementation plan for lead, submitted on May 7, 1980, by the Kentucky Department for Natural Resources and Environmental Protection.
(24) Provision for permit and exemption fees, submitted on June 10, 1981, by the Kentucky Department for Natural Resources and Environmental Protection.
(25) Provisions for public notifications and participation pursuant to section 127(a) of the Clean Air Act, submitted on April 8, 1980, by the Kentucky Department for Natural Resources and Environmental Protection.
(26) Revision to the State Implementation Plan for a bubble action at General Electric, Louisville, Kentucky, submitted on August 7, 1981, by the Kentucky Department for Natural Resources and Environmental Protection.
(27) Revised Boone County Inspection/Maintenance schedule submitted on October 9, 1981 by the Kentucky Department for Natural Resources and Environmental Protection.
(28) Addition to Appendix N of Jefferson County Regulation 6.28, Standard of Performance for Existing Hot Air Aluminum Atomization Processes, submitted on May 18, 1981, by the Kentucky Department for Natural Resources and Environmental Protection.
(29) Revision of Appendix N, Jefferson County Regulation 6.35, Standard of Performance for Existing Fabric, Vinyl and Paper Surface Coating Operations, submitted on November 17, 1981, by the Kentucky Department for Natural Resources and Environmental Protection.
(30) Jefferson County Set II VOC regulations for new/existing affected facilities, submitted on October 20, 1981, by the Kentucky Department for Natural Resources and Environmental Protection.
(31) Miscellaneous non-Part D revisions, submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection.
(32) Revision to the State Implementation Plan for a bubble action at Borden Chemical Co., Jefferson County, Kentucky, received by EPA from the Kentucky Department for Natural Resources and Environmental Protection on March 5, 1982.
(33) Addition of Kentucky Regulation 401 KAR 61:165, section 5, Particulate Standard for Existing Primary Aluminum Reduction Plants, submitted on March 4, 1982, by the Kentucky Department for Natural Resources and Environmental Protection.
(34) [Reserved]
(35) Corrections in 1979 Part D revisions for sulfur dioxide nonattainment area (Boyd County), submitted on September 24, 1982, by the Kentucky Natural Resources and Environmental Protection Cabinet.
(36) Variance for seven per-chloroethylene dry cleaners, submitted on August 4, 1982, by the Kentucky Department for Environmental Protection.
(37) Variances for two dry cleaners, submitted on January 27, 1983, by the Kentucky Department for Environmental Protection.
(38) Revised SO2 limit for large coal-fired boilers in Pulaski County, submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection.
(39)–(40) [Reserved]
(41) Revisions to Appendix N, submitted July 19, 1982 and March 21, 1983, by the Kentucky Department for Environmental Protection.
(42) Regulation 401 KAR 61:070, Existing Ferroally Production Facilities, for the Marshall County Part D TSP area, submitted on June 29, 1979, by the Kentucky Department for Environmental Protection.
(43) 1982 revisions to the Part D plan for the Jefferson County ozone and carbon monoxide nonattainment area, submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on February 9, June 15, September 12, November 21, and December 9, 1983.
(44) Variances for two dry cleaners, Jiffy The Cleaners and Hiland Cleaners, submitted on April 25, 1984, by the Kentucky Natural Resources Environmental Protection Cabinet.
(45) Corrections in the Part D TSP SIP and other revisions submitted on December 9, 1982, and May 1, 1984, by the Kentucky Department for Environmental Protection.
(i) Incorporation by reference. (A) Revisions in regulations 401 KAR—
50:010, Definitions and Abbreviations;
50:055, General Compliance Requirements;
61:005, General Provisions;
61:015, Existing Indirect Heat Exchangers;
61:075, Steel Plants and Foundries Using Existing Electric Arc Furnaces;
61:080, Steel Plants Using Existing Basic Oxygen Process Furnaces;
61:140, Existing By-Product Coke Manufacturing Plants; and
61:170, Existing Blast Furnace Casthouses.
The changes in these regulations were effective September 22, 1982 (50:055), December 1, 1982 (50:010, 61:005, 61:015, 61:075, and 61:140), and April 1, 1984 (61:080 and 61:170). No action is taken on the definition of “volatile organic compounds”in 401 KAR 50:010.
(ii) Other material. None.
(46) Kentucky regulation 401 KAR 51:017, Prevention of significant deterioration of air quality, and Kentucky's State Implementation Plan Revision for the Protection of Visibility for the Commonwealth of Kentucky pursuant to 40 CFR part 51, subpart P, submitted on February 20, 1986, by the Kentucky Natural Resources and Environmental Protection Cabinet.
(i) Incorporation by reference. (A) Kentucky regulation 401 KAR 51:017, Prevention of significant deterioration of air quality, which became State-effective on February 4, 1986.
(ii) Other material. (A) Kentucky's State Implementation Revision for the Protection of Visibility for the Commonwealth of Kentucky, pursuant to 40 CFR part 51, subpart P, which became State-effective on February 4, 1986.
(47) Stack height regulations were submitted to EPA on July 15, 1986, by the Kentucky Natural Resources and Environmental Protection Cabinet.
(i) Incorporation by reference. (A) Regulation 401 KAR 50:042, which became effective on June 10, 1986.
(ii) Other material—none.
(48) Revisions to the I/M portions of the carbon monoxide and ozone Part D plans for Jefferson County, submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on February 18, 1986.
(i) Incorporation by reference. (A) A revised Regulation 8, Vehicle Exhaust Testing Requirements of the rules of the Air Pollution Control District of Jefferson County which was adopted on September 18, 1985.
(ii) Other materials—none.
(49) A revision to the Kentucky SIP for Tennessee Valley Authority Paradise Steam Plant pursuant to the procedures specified in Kentucky regulation 401 KAR 61:015, section 3 was submitted on June 29, 1987, by the Kentucky Natural Resources and Environmental Protection Cabinet. The revised SO2 limits are contained in Permit Number 0–87–012, issued on June 29, 1987.
(i) Incorporation by reference. (A) Permit Number 0–87–012, issued by the Kentucky Natural Resources and Protection Cabinet on June 29, 1987.
(ii) Other material.
(A) Letter of June 27, 1987 from the Kentucky Natural Resources and Environmental Protection Cabinet.
(50) A revision in Kentucky regulation 401 KAR 61:140, Existing by-product coke manufacturing plants, submitted on September 19, 1986, by the Kentucky Natural Resources and Environmental Protection Cabinet.
(i) Incorporation by reference. (A) A revision to Division of Air Pollution regulation 401 Kentucky Administrative Regulations (KAR) 61:140, Existing by-product coke manufacturing plants, which became effective on September 4, 1986.
(B) Letter of September 19, 1986 from the Commonwealth of Kentucky to EPA.
(51) Revisions to the I/M portions of the carbon monoxide and ozone Part D plans for Jefferson County, submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on March 20, 1987.
(i) Incorporation by reference. (A) A revised Regulation 8, Vehicle Exhaust Testing Requirements; of the rules of the Air Pollution Control District of Jefferson County which was adopted on December 17, 1986.
(B) March 2, 1987 letter to EPA from Jefferson County.
(ii) Additional materials. None.
(52) Kentucky Plan for the “Protection of Visibility in Class I Areas (PART II)” submitted to EPA on August 31, 1987, by the Kentucky Department for Environmental Protection (KDEP) to satisfy the Part 2 visibility requirements.
(i) Incorporation by reference. (A) June 8, 1988, letter from the Kentucky Natural Resources and Environmental Protection Cabinet, October 9, 1987, clarification letter from the Kentucky Natural Resources and Environmental Protection Cabinet, and page 8 of the Kentucky plan for the protection of visibility in Class I areas (PART II) containing the periodic review requirements satisfying 40 CFR 51.306(c), adopted on August 31, 1987.
(ii) Additional material. (A) Narrative entitled “The Kentucky Plan for the Protection of Visibility in Class I Areas (PART II).”
(53) Revisions to Kentucky regulation 401 KAR 50:015, Documents incorporated by reference, submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on March 23, 1987.
(i) Incorporation by reference. (A) Revisions to Kentucky regulation 401 KAR 50:015, Documents incorporated by reference which became State-effective on February 10, 1987. (continued)