[Federal Register: September 16, 2004 (Volume 69, Number 179)]
[Rules and Regulations]
[Page 55749-55752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se04-7]
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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:
notarianni.michele@epa.gov.
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: benjamin.lynorae@epa.gov.
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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