Kentucky Resources Council, Inc.
Post Office Box 1070
Frankfort, Kentucky 40602
(502) 875-2428 phone
(502) 875-2845 fax
October 28, 2005
Mr. Jimmy Palmer
U.S. Environmental Protection Agency
61 Forsyth Street S.W.
Atlanta, Georgia 30303
Re: Request For Stay Of Effective Date of Decision Approval of Revisions to State Implementation Plan
Northern Kentucky Area
Dear Mr. Palmer:
I am writing to request a stay of the effective date of the approval by EPA Region 4 of the State Implementation Plan revisions for the Northern Kentucky area, which was published in the Federal Register on October 4, 2005. EPA is authorized to stay the effective date of the rulemaking pending judicial review pursuant to 5 U.S.C. 705, and I ask that you exercise that authority in this case in order to preserve the status of the I/M program and to prevent irreparable injury.
According to the Federal Register notice, November 3, 2005 is the effective date of the rulemaking which approves the movement of the regulation underlying the Northern Kentucky inspection and maintenance (I/M) program from the regulatory portion of the Kentucky SIP to the contingency measures section of the Northern Kentucky 1-Hour Ozone Maintenance Plan, and which also approves revisions to the Kentucky rule on new solvent metal cleaning equipment and a new Kentucky rule affecting commercial motor vehicle and mobile equipment refinishing operations.
My reasons for requesting a stay of the effective date of the rulemaking are these:
For these reasons, and on the basis of the comments submitted by KRC during the formal comment period, KRC respectfully requests that EPA stay the effective date of the October 4, 2005 decision for a period of time sufficient to enable a Petition for Review to be filed and briefed before the U.S. Court of Appeals for the Sixth Circuit. Due to the issuance by the state of a letter terminating the program effective November 3, 2005, I request your review and a decision on this request as soon as possible, since in the absence of an agency stay I will have to seek an emergency stay from the 6th Circuit Court of Appeals in advance of November 3.
Thanks you very much in advance for your consideration of this matter,