[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45956-45958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18784]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0336; FRL-9708-5]


Approval and Promulgation of Implementation Plans; Kentucky; 
Louisville; Fine Particulate Matter 2002 Base Year Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the 1997 annual fine 
particulate matter (PM2.5) 2002 base year emissions 
inventory portion of the State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Kentucky on December 3, 2008. The 
emissions inventory is part of Kentucky's December 3, 2008, attainment 
demonstration SIP revision that was submitted to meet the nonattainment 
requirements related to the Commonwealth's portion of the bi-state 
Louisville, Kentucky-Indiana nonattainment area for the 1997 annual 
PM2.5 national ambient air quality standards (NAAQS), 
hereafter referred to as ``the bi-state Louisville Area'' or ``Area.'' 
The bi-state Louisville Area is comprised of Clark and Floyd Counties 
in Indiana, in their entireties; the Madison Township portion of 
Jefferson County, Indiana; and Bullitt and Jefferson Counties in 
Kentucky, in their entireties. This final action only relates to the 
Kentucky portion (i.e., Bullitt and Jefferson Counties) of this Area. 
This action is being taken pursuant to section 110 of the Clean Air Act 
(CAA or Act).

DATES: This rule will be effective September 4, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2012-0336. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other 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 through www.regulations.gov 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 person 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: Richard Wong, 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 telephone number is (404) 
562-8726. Mr. Wong can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

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

I. Background

    On July 18, 1997 (62 FR 36852), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter based on a 
three-year average of annual mean PM2.5 concentrations. On 
January 5, 2005 (70 FR 944), EPA published its air quality designations 
and classifications for the 1997 annual PM2.5 NAAQS based 
upon air quality monitoring data for calendar years 2001-2003. These 
designations became effective on April 5, 2005. The bi-state Louisville 
Area was designated nonattainment for the 1997 annual PM2.5 
NAAQS. See 40 CFR 81.318 for Kentucky and 40 CFR 81.315 for Indiana.
    Designation of an area as nonattainment starts the process for a 
state to develop and submit to EPA a SIP under title I, part D of the 
CAA. This SIP must include, among other elements, a demonstration of 
how the NAAQS will be attained in the nonattainment area as 
expeditiously as practicable, but no later than the date required by 
the CAA. Under CAA section 172(b), a state has up to three years after 
an area's designation as nonattainment to submit its SIP to EPA. For 
the 1997 annual PM2.5 NAAQS, these SIPs were due April 5, 
2008. See 40 CFR 51.1002(a).
    On December 3, 2008, Kentucky submitted an attainment demonstration 
and associated reasonably available control measures (RACM), a 
reasonable

[[Page 45957]]

further progress (RFP) plan, contingency measures, a 2002 base year 
emissions inventory and other planning SIP revisions related to 
attainment of the 1997 annual PM2.5 NAAQS in the 
Commonwealth's portion of the bi-state Louisville Area. Subsequently, 
on March 9, 2011 (76 FR 12860), EPA determined that the bi-state 
Louisville Area attained the 1997 annual PM2.5 NAAQS. The 
determination of attainment was based upon complete, quality-assured 
and certified ambient air monitoring data for the 2007-2009 period, 
showing that the Area had monitored attainment of the 1997 annual 
PM2.5 NAAQS. The requirements for the Area to submit an 
attainment demonstration and associated RACM, RFP plan, contingency 
measures, and other planning SIP revisions related to attainment of the 
standard were suspended as a result of the determination of attainment, 
so long as the Area continues to attain the 1997 annual 
PM2.5 NAAQS. See 40 CFR 51.1004(c).
    On September 30, 2011, Kentucky withdrew the attainment 
demonstration submission (everything with the exception of the 2002 
base year emissions inventory) for its portion of the bi-state 
Louisville Area as allowed by 40 CFR 51.1004(c). EPA notes that the 
determination of attainment does not suspend the emissions inventory 
requirement found in CAA section 172(c)(3), and as such, Kentucky did 
not withdraw this portion of its December 3, 2008, SIP revision. 
Section 172(c)(3) of the CAA requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions.
    On May 25, 2012, EPA published a proposed rulemaking to approve 
Kentucky's 1997 annual PM2.5 emissions inventory for its 
portion of the bi-state Louisville Area. See 77 FR 31262. Comments on 
the proposed rulemaking were due on or before June 25, 2012. No 
comments, adverse or otherwise, were received on EPA's May 25, 2012, 
proposed rulemaking. Pursuant to section 110 of the CAA, EPA is now 
taking final action to approve the Kentucky's 1997 annual 
PM2.5 emissions inventory as provided in EPA's May 25, 2012, 
proposed rulemaking. A summary of the background for today's final 
action is provided below. For more detail, please refer to EPA's 
proposed rulemaking at 77 FR 31262.

II. Analysis of the Commonwealth's Submittal

    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants in 
such area. Kentucky selected 2002 as the base year for the emissions 
inventory per 40 CFR 51.1008(b). Emissions contained in Kentucky's 
December 3, 2008, SIP revision cover the general source categories of 
point sources, non-road mobile sources, area sources, and on-road 
mobile sources. A detailed discussion of the emissions inventory 
development can be found in Appendix H of the Kentucky submittal; a 
summary is provided below.
    The table below provides a summary of the annual 2002 emissions of 
nitrogen oxides (NOx), sulfur dioxide (SO2), and 
PM2.5 included in the Kentucky submittal.

     Table 1--2002 Annual Emissions for the Kentucky Portion of the
                             Louisville Area
                             [Tons per year]
------------------------------------------------------------------------
                                                    Point Sources
                  County                   -----------------------------
                                               NOX       SO2      PM2.5
------------------------------------------------------------------------
Bullitt...................................       221       391        56
Jefferson.................................    25,915    41,483       830
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                                  Non-Road Sources
                                           -----------------------------
Bullitt...................................       578        50        44
Jefferson.................................    10,989     1,429       720
                                           -----------------------------
                                                    Area Sources
                                           -----------------------------
Bullitt...................................        51        93       804
Jefferson.................................       234         0     1,083
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                                   Mobile Sources
                                           -----------------------------
Bullitt...................................     2,979        89        43
Jefferson.................................    25,864       917       369
------------------------------------------------------------------------

    The 172(c)(3) emissions inventory is developed by the incorporation 
of data from multiple sources. States were required to develop and 
submit to EPA a triennial emissions inventory according to the 
Consolidated Emissions Reporting Rule for all source categories (i.e., 
point, area, nonroad mobile, and on-road mobile). This inventory often 
forms the basis of data that are updated with more recent information 
and data that also are used in their attainment demonstration modeling 
inventory. Such was the case in the development of the 2002 base year 
emissions inventory that was submitted in the Commonwealth's attainment 
SIP for its portion of the bi-state Louisville Area. The 2002 emissions 
inventory was based on data developed with the Visibility Improvement 
State and Tribal Association of the Southeast (VISTAS) contractors and 
submitted by the states to the 2002 National Emissions Inventory. 
Several iterations of the 2002 inventories were developed for the 
different emissions source categories resulting from revisions and 
updates to the data. This resulted in the use of version G2 of the 
updated data to represent the point sources' emissions. Data from many 
databases, studies, and models (e.g., Vehicle Miles Traveled, fuel 
programs, the NONROAD 2002 model data for commercial marine vessels, 
locomotives, and Clean Air Market Division, etc.) resulted in the 
inventory submitted in this SIP. The data were developed according to 
current EPA emissions inventory guidance ``Emissions Inventory Guidance 
for Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards (NAAQS) and Regional Haze Regulations'' (August 2005) 
and a quality assurance project plan that was developed through VISTAS 
and approved by EPA. EPA agrees that the process used to develop this 
inventory was adequate to meet the requirements of CAA section 
172(c)(3) and the implementing regulations.
    EPA has reviewed Kentucky's 2002 base year emissions inventory and 
has determined that it is adequate for the purposes of meeting section 
172(c)(3) emissions inventory requirement. Further, EPA has made the 
determination that the emissions were developed consistent with the 
CAA, implementing regulations and EPA guidance for emission 
inventories.

III. Final Action

    EPA is taking final action to approve the 2002 base year emissions 
inventory portion of the attainment demonstration SIP revision 
submitted by the Commonwealth of Kentucky on December 3, 2008. EPA has 
made the determination that this action is consistent with section 110 
of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
final action merely approves state law as meeting federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this final action:

[[Page 45958]]

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 F43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this final rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the Commonwealth, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.
    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 action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 1, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: July 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 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 adding a new entry for ``Louisville; 
1997 Annual Fine Particulate Matter 2002 Base Year Emissions 
Inventory'' to the end of the table to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                       Applicable       State submittal
   Name of non-regulatory SIP        geographic or       date/effective    EPA approval date     Explanations
            provision              nonattainment area         date
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                                                  * * * * * * *
Louisville; 1997 Annual Fine      Bullitt and                 12/03/2008  8/2/12 [Insert
 Particulate Matter 2002 Base      Jefferson Counties.                     citation of
 Year Emissions Inventory.                                                 publication]..
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[FR Doc. 2012-18784 Filed 8-1-12; 8:45 am]
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