Approval and Promulgation of Implementation Plans for Kentucky: Air Permit Regulations

EPA is now taking final action to approve two of four requested revisions to the State Implementation Plan (SIP) for the Commonwealth of Kentucky submitted to EPA on March 15, 2001. The two revisions being approved today regard two main changes to Kentucky's rules. The first change involves the removal and separation of rule 401 Kentucky Administrative Regulations (KAR) 50:035 ("Permits") into three separate rules under a new Chapter 52 (Permits, Registrations, and Prohibitory Rules). Specifically, these rules are 52:001 (Definitions for 401 KAR Chapter 52), 52:030 (Federally-enforceable permits for non-major sources), and 52:100 ("Public, affected state, and U.S. EPA review"). The second change involves corrections to grammatical errors in rule 50:032 ("Prohibitory Rule for Hot Mix Asphalt Plants") and the removal of rule 50:032 from Chapter 50 and adding it to Chapter 52, under 52:090 ("Prohibitory Rule for Hot Mix Asphalt Plants"). This final action also responds to adverse comments submitted in response to EPA's proposed rule published on December 30, 2002. This final action does not address the removal of 401 KAR 50:030 ("Registration of Sources") or changes made to 401 KAR 52:080 ("Regulatory limit on potential to emit"), that was part of the March 15, 2001, submittal, but which will be addressed in a separate action.