[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Proposed Rules]
[Pages 302-307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11]



[[Page 302]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY 146-200340(a) and IN 121-4; FRL-7606-2]


Approval and Promulgation of Implementation Plans; Kentucky and 
Indiana: Approval of Revisions to 1-Hour Ozone Maintenance Plan for 
Louisville Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the state 
implementation plans (SIPs) of the Commonwealth of Kentucky and the 
State of Indiana to revise the 2012 motor vehicle emission budgets 
(MVEBs) using MOBILE6 for the Louisville 1-hour ozone maintenance area. 
The Louisville maintenance area includes Jefferson County, and portions 
of Bullitt and Oldham Counties, Kentucky; and Clark and Floyd Counties, 
Indiana. The Commonwealth's and the State's submittals meet a 
commitment to revise and resubmit the MVEBs using MOBILE6 methods 
within two years following the release of MOBILE6 provided that 
transportation conformity is not determined in the Louisville area 
without adequate MOBILE6-based MVEBs during the second year. In two, 
separate Federal Register actions published on August 7, 2003, EPA 
found Kentucky's and Indiana's MVEBs adequate for transportation 
conformity purposes. As a result of these findings, the Louisville area 
must use the revised MVEBs for future conformity determinations 
effective August 22, 2003.

DATES: Written comments must be received on or before February 4, 2004.

ADDRESSES: Comments may be submitted by mail to: (Kentucky submittal)--
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. (Indiana submittal)--
J. Elmer Bortzer, Chief, Regulation Development Section, Air Programs 
Branch, Air and Radiation Division, U.S. Environmental Protection 
Agency Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604-3590. 
Comments may also be submitted electronically, or through hand 
delivery/courier. Please follow the detailed instructions described in 
(sections IX.B.1. through 3.) of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: (Kentucky Submittal)--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: [email protected]. (Indiana Submittal)--Patricia Morris, 
Air Programs Branch, U.S. Environmental Protection Agency Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604-3590. Phone: (312) 353-
8656. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Is the Background for This Action?
II. What Action Is EPA Proposing Today?
III. What Changes Were Made to the Louisville 1-Hour Ozone 
Maintenance Plan?
IV. What Is Transportation Conformity?
V. What Is a MVEB?
VI. What Is a Safety Margin?
VII. How Does This Action Change Implementation of Transportation 
Conformity for the Louisville Maintenance Area?
VIII. What Is the Proposed Action?
IX. General Information
X. Statutory and Executive Order Reviews

I. What Is the Background for This Action?

    On October 23, 2001, EPA redesignated the Louisville area to 
attainment for the 1-hour ozone National Ambient Air Quality Standard 
(NAAQS) and approved the plans for maintaining the 1-hour ozone NAAQS 
through 2012 as revisions to the Kentucky and Indiana SIPs (66 FR 
53665). The Louisville maintenance area includes Jefferson County, and 
portions of Bullitt and Oldham Counties, Kentucky; and Clark and Floyd 
Counties, Indiana. In this same rulemaking, EPA also found adequate and 
approved Kentucky's and Indiana's MVEBs for volatile organic compounds 
(VOC) and nitrogen oxides (NOX) in the maintenance plans for 
transportation conformity purposes. The future mobile source emissions 
used in the Kentucky and Indiana portions of the Louisville area 
maintenance plan and MVEBs were calculated using MOBILE5b and credit 
was taken for the federal Tier 2/Sulfur Program (VOC for Jefferson, 
Bullitt, and Oldham Counties, NOX for Jefferson County, and 
both VOC and NOX for Clark and Floyd Counties).
    In November of 1999, EPA issued two memoranda \1\ to articulate its 
policy regarding states that incorporated MOBILE5-based interim Tier 2 
standard \2\ benefits into their SIPs and MVEBs. Although these 
memoranda primarily targeted certain serious and severe ozone 
nonattainment areas, EPA has implemented this policy in all other areas 
that have made use of federal Tier 2 benefits in air quality plans from 
EPA's April 2000 MOBILE5 guidance, ``MOBILE5 Information Sheet 
8: Tier 2 Benefits Using MOBILE5.'' All states whose 
attainment demonstrations or maintenance plans include interim MOBILE5-
based estimates of the Tier 2 standards were required to make a 
commitment to revise and resubmit their MVEBs within either one or two 
years of the final release of MOBILE6 in order to gain SIP approval.
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    \1\ Memoranda, ``Guidance on Motor Vehicle Emissions Budgets in 
1-Hour Ozone Attainment Demonstrations,'' issued November 3, 1999, 
and ``1-Hour Ozone Attainment Demonstrations and Tier 2/Sulfur 
Rulemaking,'' issued November 8, 1999. Copies of these memoranda are 
on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
    \2\ The final rule on Tier 2 Motor Vehicle Emissions Standards 
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for 
passenger cars, light trucks, and larger passenger vehicles was 
published on February 10, 2000 (65 FR 6698).
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    EPA officially released the MOBILE6 motor vehicle emissions factor 
model on January 29, 2002 (67 FR 4254). Thus, the effective date of 
that Federal Register action constituted the start of the two year time 
period in which Kentucky and Indiana were required to revise the 
maintenance plan SIPs using the MOBILE6 model.
    MOBILE 5b, as released, did not allow the user to estimate the 
emission reduction credits for the Tier 2/Low Sulfur rule. This 
situation existed since the Tier 2 rule was promulgated after the 
release of MOBILE5b. Therefore, in order to allow areas that wanted to 
claim emission reduction credit for the Tier 2/Low Sulfur rule to 
estimate the benefits, EPA provided a method to estimate those 
reductions. This MOBILE5b approximation methodology represented the 
information available for use in on-road mobile source modeling at that 
time when MOBILE5b was the approved model. EPA recognized these 
approximations may change as more data was analyzed and incorporated 
into the next version of the MOBILE model, MOBILE6. EPA required areas 
that used the MOBILE5b approximation method to resubmit MVEBs 
recalculated with MOBILE6. Specifically, EPA established a policy that 
MVEBs would not be approved as being adequate for purposes of 
conformity unless the SIP also included an enforceable commitment to 
revise and resubmit the MVEBs using MOBILE6 methods within one year 
after the EPA releases MOBILE6 or, alternatively, within two years

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following the release of MOBILE6 provided that transportation 
conformity is not determined in the area without adequate MOBILE6-based 
MVEBs during the second year. Based on this policy, EPA required both 
Kentucky and Indiana to update the MVEBs in their respective 1-hour 
ozone maintenance plans for the Louisville area within two years after 
the release of MOBILE6 and further, any new conformity analysis in the 
Louisville area cannot be found to conform during the second year until 
MVEBs based on MOBILE6 calculations are found adequate (October 23, 
2001, 66 FR 53665). For a more detailed explanation of EPA's rationale 
for this policy, please refer to this same rulemaking under the 
heading, ``Response 4D,'' in section II. `` What Comments Did We 
Receive and What Are Our Responses?'' (October 23, 2001, 66 FR 53665), 
or to the January 18, 2002, ``Policy Guidance on the Use of MOBILE6 for 
SIP Development and Transportation Conformity'' (http://www.epa.gov/otaq/models/mobile6/m6policy.pdf).

II. What Action Is EPA Proposing Today?

    EPA is proposing to approve revisions to the Kentucky and Indiana 
SIPs submitted by the Commonwealth of Kentucky, through the Kentucky 
Department of Air Quality (KDAQ), on June 27, 2003, and submitted by 
the Indiana Department of Environmental Management (IDEM) on June 26, 
2003. The States' revisions update the MVEBs and projected mobile 
source emissions using MOBILE6 for the Kentucky and Indiana portions of 
the Louisville 1-hour ozone maintenance area. These revisions meet the 
requirements established in the final rulemaking published October 23, 
2001 (66 FR 53665). KDAQ and IDEM submitted drafts of their respective 
SIP revisions with a request to parallel process their submissions on 
May 14, 2003, and May 13, 2003, respectively.

III. What Changes Were Made to the Louisville 1-Hour Ozone Maintenance 
Plan?

    Kentucky and Indiana demonstrate transportation conformity for the 
Louisville 1-hour ozone maintenance area together and thus, elect not 
to use sub-area MVEBs. IDEM, KDAQ, the Greater Louisville Air Pollution 
Control District (APCD), and the Kentuckiana Regional Planning and 
Development Agency (KIPDA) revised the MVEBs and mobile source 
emissions using MOBILE6.2, the most current version of MOBILE6. The 
revised 2012 MVEBs for the total Louisville area are 47.28 tons per 
summer day (tpd) for VOC and 111.13 tpd for NOX. The MVEBs 
include allocations of 26.83 tpd VOC from the area's available VOC 
safety margin of 26.83 tpd and 72.25 tpd NOX from the area's 
available NOX safety margin of 154.00 tpd. The 2012, 
MOBILE6-based, projected mobile source emissions (excluding nonroad 
emissions) for the Kentucky portion of the area changed from 27.23 to 
15.43 tpd VOC and from 44.19 to 29.59 tpd NOX. For the 
Indiana portion, the 2012, MOBILE6-based, projected mobile source 
emissions (excluding nonroad emissions) changed from 17,619 pounds per 
summer day (lbs/d) (8.81 tpd) to 10,049 lbs/d (5.02 tpd) VOC and from 
25,646 lbs/d (12.82 tpd) to 18,586 lbs/d (9.29 tpd) NOX. 
(Please refer to the following table for details.)

              Louisville Maintenance Area Anthropogenic Emissions by State Safety Margins and MVEBs
                                              [tons per summer day]
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                     State and source category                       VOC  1999   VOC  2012  NOX  1999  NOX  2012
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Kentucky:
    Point..........................................................      31.52      31.52      116.86      47.99
    Area...........................................................      18.94      19.64        0.81       0.82
    Mobile.........................................................      39.56      15.43       87.26      29.59
    Nonroad........................................................      15.07      15.22       19.95      19.41
        Total......................................................     105.09      81.81      224.88      97.81
Indiana:
    Point..........................................................       4.16       4.88       26.04      12.38
    Area...........................................................      17.67      18.14        8.39       9.24
    Mobile.........................................................      10.49       5.02       23.87       9.29
    Nonroad........................................................       7.36       8.09        6.25       6.71
        Total......................................................      39.68      36.13       64.55      37.62
Total KY + IN Emissions............................................     144.77     117.94      289.43     135.43
Total Emission Reductions from 1999 to 2012 (Allowable Safety        .........      26.83   .........     154.00
 Margin)...........................................................
Safety Margin Allocated to MVEBs...................................  .........      26.83   .........      72.25
Remaining Safety Margin for 2012 after allocation made to MVEBs....  .........       0.00   .........      81.75
Regional 2012 MVEBs................................................  .........      47.28   .........     111.13
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    The following changes were also made to the Kentucky portion of the 
plan. APCD updated mobile emission projections to reflect that 
Jefferson County is not taking emissions reduction credit for its 
Vehicle Emissions Testing Program after October 31, 2003, as the 
Kentucky General Assembly enacted legislation in 2002 to end the 
program by November 1, 2003. The planning assumptions for the point, 
area, and nonroad source categories in Jefferson, Bullitt, and Oldham 
Counties were also reviewed to ensure there have been no major changes 
since approval of the maintenance plan on October 23, 2001.
    KIPDA, APCD, and DAQ also updated several key data parameters and 
modeling techniques. To address concerns expressed about the speed 
estimation procedures used, KIPDA made the following changes. The 
methodology and equations of the Highway Economic Reporting System have 
been used to provide empirical data for speed adjustment of roadways 
with urban functional classifications. Data from the Automatic 
Continuous Traffic Recorders (ATRs) of the Kentucky Transportation 
Cabinet (KYTC) have been used to provide empirical data for speed 
adjustment of roadways with rural functional classifications. Data from 
the local KYTC ATRs have been used to calculate the vehicle-miles-
traveled (VMT) and speeds on an hourly basis.

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    To ensure that the VOC, NOX, and carbon monoxide (CO) 
emissions remain constant when using MOBILE6.2 as opposed to MOBILE6.0, 
and to use newer data supplied by the EPA and KIPDA, APCD made the 
following changes. Fuel parameters have been added or modified to 
enable new AIR TOXICS functionality of MOBILE6.2 without modifying 
consensus planning assumptions for fuel types and control programs. The 
VMT mix now has annual variations. Speed VMT and facility VMT 
distribution tables have been significantly revised by KIPDA to address 
concerns raised by the EPA regarding the speed estimation procedures. 
The VMT weighting accounting for the effects of the various inspection 
and maintenance (I/M) programs in the Louisville area have been 
updated.
    For the affected portions of Bullitt and Oldham Counties, the DAQ 
made the following changes. The minimum and maximum temperatures were 
updated using the three most recent years of data available, 1999, 
2000, and 2001. These temperature values were last developed in 1992. 
The speed data used in MOBILE6.2 is the same as that used in the 
Louisville redesignation request using MOBILE5b except for the DAQ Road 
Classifications of Rural Local at 12.9 miles per hour (mph), Urban 
Local at 12.9 mph, and Ramp at 34.6 mph. A new requirement with 
MOBILE6.2 for freeway VMT distribution percentages, which apply to the 
Rural Interstate, Urban Interstate, and Urban Freeway Road 
Classifications, had to be implemented. Through consultation with the 
KYTC, it was advised that the MOBILE6.2 default values of ``92.0 0.0 
0.0 8.0'' would best represent the conditions for the 1-hour ozone 
maintenance portions of Bullitt and Oldham Counties. These values 
represent a ramp percentage equal to eight percent of all Freeway Road 
Classifications. Following EPA guidance, the DAQ correlated 12 Road 
Classifications that were used in the MOBILE5b analysis with the four 
Road Classifications used in MOBILE6.2.
    The following changes were made to the Indiana portion of the plan. 
IDEM updated the mobile emission projections to reflect the uncertainty 
in the continuation of the Enhanced I/M Program. On April 25, 2003, the 
Indiana House passed the House Enrolled Act 1798, which discontinued 
the vehicle I/M program in Clark and Floyd Counties after December 31, 
2006, unless the State Budget Agency determined that the implementation 
of a periodic vehicle I/M program is necessary to avoid a loss of 
federal highway funding for the State or a political subdivision. The 
emission reductions from the I/M program have not been included in the 
emission estimates for 2012. Although the Governor vetoed this bill, 
Indiana has decided to not take credit for this program after 2007 in 
the maintenance plan due to the uncertainty about further legislative 
action. Although IDEM can maintain emissions at low enough levels to 
maintain the 1-hour ozone NAAQS, the Louisville area is not attaining 
the 8-hour ozone NAAQS and may need I/M to attain the 8-hour ozone 
standard. Therefore, mobile source emission reductions attributed to 
this I/M program that would have occurred in Jefferson County, Kentucky 
were removed from the 2008 and 2012 projected emission inventories. 
This increases the Jefferson County mobile source VOC emissions by 0.13 
and 0.11 tpd for 2008 and 2012, respectively, and the Jefferson County 
NOX emissions by 0.11 tpd for both 2008 and 2012.
    In April 2003, the Indiana General Assembly also passed a bill, 
House Enrollment Act 1657, that lifted the restrictions on open burning 
of vegetation from agricultural land in the unincorporated portions of 
Clark and Floyd Counties. This resulted in a minor adjustment to the 
area source and total emissions inventories.
    IDEM reviewed the planning assumptions for the point, area, and 
nonroad source categories in Clark and Floyd Counties to ensure there 
have been no other changes since approval of the maintenance plan on 
October 23, 2001.

IV. What Is Transportation Conformity?

    Transportation conformity means that the level of emissions from 
the transportation sector (i.e., cars, trucks and buses) must be 
consistent with the requirements in the SIP to attain and maintain the 
NAAQS. The Clean Air Act, in section 176(c), requires conformity of 
transportation plans, programs and projects to a SIP's purpose of 
attaining and maintaining the NAAQS. On November 24, 1993, EPA 
published a final rule establishing criteria and procedures for 
determining if transportation plans, programs and projects funded or 
approved under Title 23 U.S.C. or the Federal Transit Act conform to 
the SIP. EPA revised the transportation conformity rule on August 7, 
1995 (60 FR 40098), November 14, 1995 (60 FR 57179), and August 15, 
1997 (62 FR 43780), and codified the revisions under 40 CFR part 51, 
subpart T and 40 CFR part 93, Subpart A--Conformity to State or Federal 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded or Approved Under Title 23 U.S.C. of the Federal 
Transit Laws (62 FR 43780). The transportation conformity rules require 
an ozone maintenance area to compare the actual projected emissions 
from cars, trucks and buses on the highway network, to the MVEB 
established by the maintenance plan. The Louisville area has an 
approved maintenance plan. EPA's approval of the maintenance plan on 
October 23, 2001, established interim MVEBs for transportation 
conformity purposes. These SIP revisions revise the MVEBs and 
reestablish the MVEBs for transportation conformity purposes.

V. What Is a MVEB?

    A MVEB is the projected level of controlled emissions from the 
transportation sector (mobile sources) that is estimated in the SIP. 
The SIP controls emissions through regulations, for example, on fuels 
and exhaust levels for cars. The MVEB concept is further explained in 
the preamble to the November 24, 1993, transportation conformity rule 
(58 FR 62188). The preamble also describes how to establish the MVEB in 
the SIP and revise the MVEB. The transportation conformity rule allows 
the MVEB to be changed as long as the total level of emissions from all 
sources remains below the attainment level of emissions.

VI. What Is a Safety Margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. The attainment level of 
emissions is the level of emissions during one of the years in which 
the area met the NAAQS. Because Kentucky and Indiana demonstrate 
transportation conformity for the Louisville area together, the safety 
margin is for the entire area and is not sub-allocated by state. For 
example, the Louisville area attained the 1-hour ozone NAAQS during the 
1998-2000 time period. Kentucky and Indiana use 1999 as the attainment 
level of emissions for the area. The emissions from point, area, 
nonroad, and mobile sources in 1999 equaled 144.77 tpd of VOC for the 
entire Louisville area. Projected VOC emissions out to the year 2012 
equaled 117.94 tpd of VOC. The safety margin for VOCs is calculated to 
be the difference between these amounts or, in this case, 26.83 tpd of 
VOC for 2012. By this same method, 154.00 tpd (i.e., 289.43 tpd less 
135.43 tpd) is the safety margin for NOX for 2012. The 
emissions are projected to maintain the area's air quality consistent 
with the NAAQS. The safety margin credit, or a

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portion thereof, can be allocated to the transportation sector. The 
total emission level must stay below the attainment level to be 
acceptable. The safety margin is the extra emissions that can be 
allocated as long as the total attainment level of emissions is 
maintained.

VII. How Does This Action Change Implementation of Transportation 
Conformity for the Louisville Maintenance Area?

    In today's action, EPA is proposing to approve revisions to the 
2012 MVEBs for both the Kentucky and Indiana portions of the Louisville 
1-hour ozone maintenance area. The revised 2012 MVEBs for the total 
Louisville area are 47.28 tpd for VOC and 111.13 tpd for 
NOX. In two, separate Federal Register actions published on 
August 7, 2003 (68 FR 47059 and 68 FR 47060), EPA found Kentucky's and 
Indiana's MVEBs adequate for transportation conformity purposes. As a 
result of these findings, the Louisville area must use the revised 2012 
MVEBs for future conformity determinations effective August 22, 2003. 
The action of EPA finding the MVEBs adequate removes the administrative 
freeze on transportation conformity on the area and allows the area to 
demonstrate conformity.

VIII. What Is the Proposed Action?

    EPA is proposing to approve Kentucky's and Indiana's SIP revisions 
because they meet all of the requirements of section 110 of the Clean 
Air Act. Additionally, these SIP revisions meet the applicable 
requirements of the Transportation Conformity Rule.

IX. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Offices have established an official public 
rulemaking file available for inspection at the Regional Offices. EPA 
has established an official public rulemaking file for this action 
under KY 146-200340(a) and for Indiana under IN 121-4. 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 for Kentucky's SIP 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. The 
official public rulemaking file for Indiana's SIP is the collection of 
materials that is available for public viewing at the Regulation 
Development Section, Air Programs Branch, Air and Radiation Division, 
U.S. Environmental Protection Agency Region 5, 77 W. Jackson Blvd., 
Chicago, Illinois 60604-3590. EPA requests that if at all possible, you 
contact the contacts listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Offices' official 
hours of business are Monday through Friday, 9 to 3:30, excluding 
Federal Holidays.
    2. Copies of the Kentucky submittal are also available for public 
inspection during normal business hours, by appointment at the Kentucky 
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 proposed rulemaking KY 146-200340(a)'' or ``Public 
comment on proposed rulemaking IN 121-4'' 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 
[email protected] and [email protected]. Please include the 
text ``Public comment on proposed rulemaking KY 146-200340(a) and IN 
121-4'' 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

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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. For the Kentucky submittal, send your comments to: 
Michele Notarianni, Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. 
Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303-8960. For the Indiana submittal, send your comments to: 
J. Elmer Bortzer, Chief, Regulation Development Section, Air Programs 
Branch, Air and Radiation Division, U.S. Environmental Protection 
Agency Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604-3590. 
Please include the text ``Public comment on proposed rulemaking KY 146-
200340(a)'' or ``Public comment on proposed rulemaking IN 121-4'' in 
the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. For the Kentucky submittal, deliver 
your comments 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. For the Indiana submittal, deliver your comments to: J. 
Elmer Bortzer, Chief, Regulation Development Section, Air Programs 
Branch, Air and Radiation Division, U.S. Environmental Protection 
Agency Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604-3590. 
Such deliveries are only accepted during the Regional Offices' normal 
hours of operation. The Regional Offices' 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.

X. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed 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 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 proposes to approve 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 
proposed 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 proposed 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.).

[[Page 307]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: October 15, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
    Dated: December 16, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 04-11 Filed 1-2-04; 8:45 am]
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