[Federal Register Volume 67, Number 68 (Tuesday, April 9, 2002)]
[Rules and Regulations]
[Pages 17007-17009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8295]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-200215; FRL-7168-6]


Approval and Promulgation of Implementation Plans; Commonwealth 
of Kentucky: Approval of Revisions to the 1-Hour Ozone Maintenance 
State Implementation Plan for the Edmonson County and the Owensboro-
Daviess County Area; Clarification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; clarification.

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SUMMARY: EPA is clarifying its approval of revisions to the 1-hour 
ozone maintenance plans for the Owensboro area (i.e., Daviess and a 
portion of Hancock counties), and Edmonson County portions of the 
Kentucky State Implementation Plan (SIP) submitted on April 16, 1998, 
by the Commonwealth of Kentucky through the Natural Resources and 
Environmental Protection Cabinet. Although not explicit in the language 
of the document for the approval, the Commonwealth's request and EPA's 
action involved the approval of an update for emission projections that 
were originally developed with an earlier version of the EPA mobile 
emissions model. That same approval action also identified the emission 
projections as the motor vehicle emissions budgets (or ``budgets'') for 
nitrogen oxides (NOX) and volatile organic compounds (VOC) 
for use in transportation conformity determinations. However, that 
action did not specify for what year the ``budgets'' were being 
established. This action merely clarifies for which year the 
``budgets'' for NOX and VOC were being established.

EFFECTIVE DATE: This clarification is effective on May 9, 2002.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin, Air Quality Modeling 
and Transportation Section,

[[Page 17008]]

Air Planning Branch, Air, Pesticides and Toxics Management Division, 
Region 4, Environmental Protection Agency, Atlanta Federal Center, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9040. Ms. Benjamin can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: The following subsections provide a brief 
overview of EPA's previous approval action and the clarification being 
provided by this action.

A. What Is the Background for This Action?

    Through direct final rulemaking, published in the Federal Register 
on September 3, 1998, (63 FR 46894) EPA approved revisions to the 1-
hour ozone maintenance plans for the Owensboro area (i.e., Daviess and 
Hancock counties), and Edmonson County. These revisions to the Kentucky 
SIP were submitted on April 16, 1998, by the Commonwealth of Kentucky. 
The purpose of our action was to incorporate revised motor vehicle 
emissions budgets for NOX and VOCs for the Owensboro area 
and Edmonson County, Kentucky, into the federally-approved SIP. 
Specifically, that SIP revision updated emission projections previously 
developed with the MOBILE 4.1 emissions model with emissions 
projections developed with the MOBILE 5a emissions model. Our approval 
specified that the emission projections were being considered as 
``budgets'' to be used for demonstration of conformity of 
transportation plans, programs, and projects with the Kentucky SIP for 
the Edmonson County and Owensboro ozone maintenance areas. However, 
Kentucky's SIP for these areas did not explicitly specify for which 
years the new conformity budgets would apply.

B. Why Is EPA Taking This Action?

    EPA is taking this action to provide clarity for the transportation 
and air quality partners in this area that work together to implement 
the transportation conformity rule. EPA recently reviewed all of the 
maintenance plans that were submitted by Kentucky in 1994 and any 
subsequent revisions to these maintenance plans. This review revealed 
that while Kentucky had included emissions projections for VOCs and 
NOX for several years in each of these submittals, it was 
only in the case of the Owensboro area and Edmonson County that EPA had 
approved all of these years as conformity budgets. Based on this 
review, EPA is taking action to correct the approval of the maintenance 
plans for the Owensboro area and Edmonson County. Specifically, EPA is 
taking this action to explicitly state that 2004 is the year for which 
the budgets were established by Kentucky, and that the VOC and 
NOX emission projections for 2004, which is the last year of 
the maintenance plans, are the ``budgets'' to be used for the purposes 
of transportation conformity. This action is administrative and does 
not involve any technical changes to the Commonwealth's previous 
submittal for which EPA granted approval.

C. What Are the Motor Vehicle Emissions Budgets for the Edmonson 
County and Owensboro Areas?

    As mentioned previously, this action is administrative and does not 
involve any technical changes to the emission projections supplied by 
the State in the April 16, 1998, Kentucky SIP revision request. The 
following tables highlight the motor vehicle emissions budgets for 
NOX and VOCs for the Edmonson County and Owensboro 
maintenance areas in Kentucky.

        2004 Motor Vehicle Emissions Budgets for Edmonson County
------------------------------------------------------------------------
                                                         NOX  (tons per
                 VOC  (tons per day)                          day)
------------------------------------------------------------------------
0.72.................................................               0.78
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           2004 Motor Vehicle Emissions Budgets for Owensboro
------------------------------------------------------------------------
                                                         NOX  (tons per
                 VOC  (tons per day)                          day)
------------------------------------------------------------------------
6.64.................................................               5.22
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Final Action

    EPA is clarifying its previous approval for revisions to the 1-hour 
ozone maintenance plans to the Owensboro area (i.e., Daviess and 
Hancock counties), and Edmonson County portions of the Kentucky SIP, 
which were submitted on August 16, 1998 by the Commonwealth of 
Kentucky. This action specifies 2004 as the ``budget'' year to be used 
for the purposes of transportation conformity.

Administrative Requirements

    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 (Pub. L. 104-4).
    This action 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 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 clarifies EPA's approval 
of 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 addition, since this action is only correcting a federal 
citation for a SIP submission that has already been approved by EPA, 
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

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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 June 10, 2002. 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.

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

    Dated: March 21, 2002.
Michael V. Peyton,
Acting Regional Administrator, Region 4.
[FR Doc. 02-8295 Filed 4-8-02; 8:45 am]
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