[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Rules and Regulations]
[Pages 55749-55752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20893]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2004-KY-0001-200423; FRL-7813-9]


Approval and Promulgation of Implementation Plans Kentucky: 1-
Hour Ozone Maintenance Plan Update for Lexington Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Today's action consists of three distinct but related final 
rulemakings briefly characterized here and further discussed in the 
supplementary information section of this rule. First, EPA is 
finalizing approval of the Lexington portion of a revision to the state 
implementation plan (SIP) of the Commonwealth of Kentucky submitted on 
February 19, 2004 in draft form, and in final form on August 24, 2004. 
The SIP revision provides the 10-year update to the original 1-hour 
ozone maintenance plans for five 1-hour maintenance areas, including 
the Lexington Maintenance Area, and also provides revised 2004 motor 
vehicle emission budgets (MVEBs) and establishes 2015 MVEBs. The 
Lexington Maintenance Area is composed of Fayette County, Kentucky and 
Scott County, Kentucky. Secondly, through this action, EPA is providing 
notification of its determination that the Lexington portion of the 
Commonwealth's SIP revision satisfies the requirements of the Clean Air 
Act (CAA) for the 10-year update to the 1-hour ozone maintenance plan 
for the Lexington Maintenance Area. Thirdly, through this action, EPA 
is providing information on the status of its transportation conformity 
adequacy determination for the new MVEBs for the year 2015 that are 
contained in the 10-year update to the 1-hour ozone maintenance plan 
for the Lexington Maintenance Area.

DATES: This rule will be effective October 18, 2004.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID No. R04-OAR-2004-KY-0001. All documents in 
the docket are listed in the RME index at http://docket.epa.gov/rmepub/
, once in the system, select ``quick search,'' then key in the 
appropriate RME Docket identification number. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other

[[Page 55750]]

material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy 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. EPA requests that if at all possible, you 
contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: 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].

or

Lynorae Benjamin, 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-
9040. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Today's Action
II. Background
III. Analysis of the Submittal
IV. Final Action
V. Statutory and Executive Order Reviews

I. Today's Action

    In this final rulemaking, EPA is approving revisions to the 
Lexington portion of the Commonwealth of Kentucky's SIP revision 
submitted on August 24, 2004. EPA is approving the Lexington portion of 
Kentucky's SIP revision because it satisfies the requirements of the 
CAA for the 10-year update to the 1-hour ozone maintenance plan for the 
Lexington Maintenance Area. In a previous action on April 23, 2004 (69 
FR 21983), EPA proposed approval of these revisions to the Lexington 1-
Hour Ozone Maintenance Plan contingent upon Kentucky addressing EPA's 
clarifying comments in the final SIP submittal. The public comment 
period closed on May 24, 2004. No adverse comments were received in 
response to the proposed rule. Additionally, Kentucky has adequately 
addressed EPA's requested clarifications. Upon final approval of the 
10-year update to the Lexington 1-Hour Ozone Maintenance Plan, the 
revised 2004 MVEBs and the newly established 2015 MVEBs must be used to 
determine transportation conformity. Also in this final action, EPA is 
correcting an error in the April 23, 2004, proposed rule on page 69 FR 
21985. In Table 1, the safety margin value for the year 2012 is 
corrected to read, ``4.49'' rather than ``4.94.''

II. Background

    On February 19, 2004, Kentucky submitted to EPA a draft SIP 
revision for parallel processing to provide for the 10-year update to 
the original maintenance plans for five 1-hour ozone maintenance areas 
as required by section 175A(b) of the CAA. These five 1-hour ozone 
maintenance plan updates addressed the 1-hour ozone maintenance areas 
for Lexington, Edmonson, Owensboro, Paducah, and the Kentucky portion 
of the Huntington-Ashland area. Specific to the Lexington maintenance 
area, the proposed revision provides an update to the Lexington 1-Hour 
Ozone Maintenance Plan for the next 10 years, i.e., 2005 through 2015. 
This 10-year update for the Lexington Maintenance Area includes updated 
MVEBs for the year 2004 and establishes new MVEBs for the year 2015. 
The Commonwealth held a public hearing on these draft maintenance plan 
revisions on March 31, 2004. On August 24, 2004, the Commonwealth 
submitted to EPA a SIP revision providing the final 10-year updates for 
the 1-hour ozone maintenance plans of the Lexington, Edmonson, and 
Kentucky portion of the Huntington-Ashland Areas.

III. Analysis of the Submittal

    The Commonwealth's August 24, 2004, final SIP revision includes a 
second 10-year maintenance plan for the Lexington maintenance area that 
indicates continued maintenance of the 1-hour ozone standard through 
2015. In this submittal, Kentucky opted to use 1990 as the comparison 
year to demonstrate continued maintenance. While use of the 1990 
emission inventory appears to demonstrate continued maintenance for the 
1-hour ozone standard with regard to the volatile organic compound 
(VOC) precursor inventory, the use of the 1990 emission inventory does 
not appear to demonstrate continued maintenance for the 1-hour ozone 
standard with regard to the nitrogen oxide (NOX) precursor 
inventory because the total NOX emissions levels in 2000, 
2004, and 2005 are higher than those in 1990. However, the revision 
includes new ozone precursor emission inventory for 2000 for Fayette 
and Scott counties which reflects updated emission controls applicable 
for the area.
    In the September 4, 1992, EPA guidance document, entitled, 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' EPA encourages the use of updated emission inventories to 
verify continued attainment. As the Commonwealth mentions in its 
submittal, the 2000 emission inventories are updated, and are being 
provided as a part of the August 24, 2004, final SIP revision. This 
area was attainment for the 1-hour ozone standard in 2000, so EPA 
believes that these emission inventories also indicate attainment for 
the area, and can be used for comparison purposes for demonstrating 
continued maintenance in the projected years of 2004, 2005, 2009, 2012, 
and 2015. The level of the projected emissions for all the projected 
years for both the NOX and VOC precursors is below the level 
of emissions for these precursors in 2000. Therefore, EPA believes that 
this is a sufficient demonstration of continued maintenance for the 1-
hour ozone standard for the Lexington area. Furthermore, this area is 
currently attainment for the more stringent 8-hour ozone standard. This 
rationale is consistent with the September 4, 1992, EPA Guidance 
memorandum entitled ``Procedures for Processing Requests to Redesignate 
Areas to Attainment.''
    The Commonwealth's August 24, 2004, final SIP revision also updates 
the MVEBs for the Lexington maintenance area for 2004, and establishes 
new MVEBs for 2015. Because EPA did not provide a separate notice 
regarding the adequacy of the 2015 MVEBs, EPA is taking the opportunity 
through this rulemaking to announce that it has determined that the 
2015 MVEBs are adequate for use to determine transportation conformity. 
For more information on Lexington's Maintenance Plan revisions and 
EPA's detailed analysis of these revisions, please see the proposed 
rule published on April 23, 2004, at 69 FR 21983.
    As part of this final approval, EPA is approving both the revisions 
to the 2004 MVEBs and the newly-established 2015 MVEBs for the 
Lexington Maintenance Area. Upon EPA approval of the revised 2004 and 
new 2015 MVEBs in this final rulemaking, the Lexington maintenance area 
must use the revised MVEBs for future transportation conformity 
determinations effective the date of publication of EPA's final 
approval of the MVEBs in the Federal Register.

[[Page 55751]]

IV. Final Action

    EPA is approving Kentucky's August 24, 2004, SIP revision 
pertaining to the Lexington maintenance area's 10-year update for its 
1-hour ozone maintenance plan, and providing notice that it has 
determined the 2015 VOC and NOX MVEBs to be adequate under 
the requirements of 40 CFR 93.118(e)(4). Additionally, through this 
action, EPA is approving the revised 2004 MVEBs and the newly-
established 2015 MVEBs for the Lexington area. The revised 2004 MVEBs 
are 18.14 tons per day (tpd) for VOC and 27.36 tpd for NOX; 
the 2015 MVEBs are 10.59 tpd for VOC and 13.27 tpd for NOX. 
EPA is approving the aforementioned changes to Kentucky's SIP because 
they are consistent with Agency policy and guidance and meet all of the 
requirements of section 110 of the Clean Air Act. Also in this final 
action, EPA is correcting an error in the April 23, 2004, proposed rule 
on page 69 FR 21985. In Table 1, the safety margin value for the year 
2012 is corrected to read, ``4.49'' rather than ``4.94.''

V. Statutory and Executive Order Reviews

    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 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 approves 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 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 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. 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 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. 
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 November 15, 2004. 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic 
compounds.

    Dated: September 8, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended 
as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. Section 52.920(e), is amended by revising the entry for ``Lexington 
Maintenance Plan'' to read as follows:


Sec.  52.920  Identification of plan.

    (e) * * *

[[Page 55752]]



                                                     EPA Approved Kentucky Non-regulatory Provisions
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   Name of non-regulatory SIP       Applicable geographic or        State submittal date/
           provision                   nonattainment area              effective date               EPA approval date                Explanation
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                                                                      * * * * * * *
Lexington Maintenance Plan.....  Fayette County, Scott County.  08/24/04                      09/16/04, [Insert Federal
                                                                                               Register citation].
 
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[FR Doc. 04-20893 Filed 9-15-04; 8:45 am]
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