[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Rules and Regulations]
[Pages 75473-75478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2004-KY-0001-200425(a); FRL-7848-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Today's action consists of two distinct but related final 
rulemakings briefly characterized here and further discussed in the 
SUPPLEMENTARY INFORMATION section of this rule. First, EPA is approving 
revisions to the Edmonson County portion of the State Implementation 
Plan (SIP) submitted by the Commonwealth of Kentucky, in draft form on 
February 19, 2004, and in final form on August 24, 2004. The August 24, 
2004, SIP revision provides the 10-year update to the original 1-hour 
ozone maintenance plans for three 1-hour ozone maintenance areas, 
including the Edmonson County Maintenance Area, and also provides 
revised 2004 motor vehicle emission budgets (MVEBs) and establishes 
2015 MVEBs. Through this action, EPA is providing notification of its 
determination that the Edmonson County portion of the Commonwealth's 
SIP revision satisfies the requirement of the Clean Air Act (CAA) as 
amended in 1990 for the 10-year update for the 1-hour ozone maintenance 
plan for Edmonson County Maintenance Area. Secondly, 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 
Edmonson County Area. In today's action, EPA is only addressing the 
portion of the SIP revision for Edmonson County. EPA will take separate 
action to address the other portions of the SIP revision.

DATES: This direct final rule is effective February 15, 2005, without 
further notice, unless EPA receives adverse comment by January 18, 
2005. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2004-

[[Page 75474]]

KY-0001, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: <a href="/cdn-cgi/l/email-protection#e185848d80958e939384cf938e92988c8093a1849180cf868e97"><span class="__cf_email__" data-cfemail="2c4849404d58435e5e49025e435f55414d5e6c495c4d024b435a">[email protected]</span></a>.
    4. Fax: 404-562-9019.
    5. Mail: ``R04-OAR-2004-KY-0001,'' 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.
    6. Hand Delivery or Courier: Deliver your comments to: Rosymar De 
La Torre Col[oacute]n, Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division 12th floor, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. R04-OAR-2004-KY-
0001. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. 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 
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: Rosymar De La Torre Col[oacute]n, 
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, (404) 
562-8965, <a href="/cdn-cgi/l/email-protection#791d1c15180d160b0b1c570b160a0014180b391c0918571e160f"><span class="__cf_email__" data-cfemail="cfabaaa3aebba0bdbdaae1bda0bcb6a2aebd8faabfaee1a8a0b9">[email protected]</span></a>, or Lynorae Benjamin, Air Quality 
Modeling and Transportation 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, (404) 562 9040, <a href="/cdn-cgi/l/email-protection#167473787c777b7f78387a6f78796477735673667738717960"><span class="__cf_email__" data-cfemail="3153545f5b505c585f1f5d485f5e435054715441501f565e47">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What is the Background for This Action?
III. What is EPA's Analysis of the Edmonson County Maintenance 
Area's Second 10-Year Plan?
IV. What are the MVEBs for the Edmonson County Maintenance Area?
V. What is an Adequacy Determination and What is the Status of EPA's 
Adequacy Determination for the Edmonson Maintenance Area's New MVEB 
for the Year 2015?
VI. Final Action
VII. Statutory and Executive Order Reviews

I. General Information

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

    In addition to the publicly available docket materials available 
for inspection electronically in Regional Material in EDocket, and the 
hard copy available at the Regional Office, which are identified in the 
ADDRESSES section above, copies of the State submittal and EPA's 
technical support document are also available for public inspection 
during normal business hours, by appointment at the State Air Agency, 
Commonwealth of Kentucky, Division of Air Quality, 803 Schenkel Lane, 
Frankfort, Kentucky 40601-1403.

II. What Is the Background for This Action?

    The air quality maintenance plan is a requirement of the 1990 CAA 
for nonattainment areas that come into compliance with the national 
ambient air quality standard (NAAQS) to assure their continued 
maintenance of that standard. Eight years after redesignation to 
attainment, section 175A(b) of the CAA requires the state to submit a 
revised maintenance plan which demonstrates that attainment will 
continue to be maintained for the ten years following the initial ten-
year period (this is known as the second 10-year plan). This second 10-
year plan updates the original 10-year 1-hour ozone maintenance plan 
for the next 10-year period.
    EPA designated Edmonson County, Kentucky as marginal nonattainment 
for the 1-hour ozone NAAQS on November 6, 1991 (56 FR 56694), effective 
on January 6, 1992. EPA approved the redesignation of Edmonson County 
to attainment for the 1-hour ozone standard, on November 3, 1994 (60 FR 
47092), effective on January 3, 1995. In this same rulemaking, EPA also 
approved the Edmonson County's plan for maintaining the 1-hour ozone 
NAAQS for the time period 1994 through 2004.
    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. Specific to the Edmonson 
County Maintenance Area, the draft revision provided an update to the 
Edmonson County 1-Hour Ozone Maintenance plan for the next 10 years, 
i.e., 2005 through 2015. This draft 10-year update for the Edmonson 
County

[[Page 75475]]

Maintenance Area included updated MVEBs for the year 2004 and 
established new MVEBs for the year 2015. While EPA did not have the 
opportunity to parallel process this draft submittal, EPA did begin the 
Adequacy Process for the newly-established 2015 MVEBs. The Adequacy 
comment period for the 2015 MVEBs began on February 24, 2004, with 
EPA's posting of the availability of this submittal on EPA's Adequacy 
Web site (at http://www.epa.gov/otaq/transp/conform/adequacy.htm). The 
Adequacy comment period for these MVEBs ended March 25, 2004. No 
requests for this submittal or adverse comments on this submittal were 
received during the Adequacy comment period. Please see the Adequacy 
Section of this rulemaking for further explanation on this process.
    While EPA can initiate the Adequacy process with a draft submittal, 
EPA cannot conclude this process until a final submittal is received. 
On August 24, 2004, Kentucky submitted to EPA a final SIP revision for 
the 10-year update to the original maintenance plans for three 1-hour 
ozone maintenance areas as required by section 175A(b) of the CAA. This 
final submittal includes the updated MVEBs for the year 2004 and 
establishes new MVEBs for the year 2015.

III. What Is EPA's Analysis of the Edmonson County Maintenance Area's 
Second 10-Year Plan?

    The Commonwealth's August 24, 2004, final SIP revision includes a 
second 10-year maintenance plan for the Edmonson County Maintenance 
Area, and 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 
(NO<INF>X</INF>) precursor inventory because the total NO<INF>X</INF> 
emissions levels in 2000 is higher than those in 1990. However, the 
revision includes new ozone precursor emission inventory for 2000 for 
Edmonson County which reflect updated emission controls applicable for 
the area, and projected emissions for 2004, 2005, 2009, 2012, and 2015.
    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 projected years 
for both the NO<INF>X</INF> 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 Edmonson County area. Furthermore, this 
area is currently in 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.''
    EPA is processing the Edmonson County portion of Kentucky's SIP 
revision and is approving the Edmonson County 10-year update for its 1-
hour ozone maintenance plan, including approval of the updated 2004 
MVEBs and the newly-established 2015 MVEBs, because EPA has determined 
that the Plan complies with the requirements of Section 175A of the 
CAA. The following two tables provide emissions data and projections 
calculated, using MOBILE6.2, for the ozone precursors, VOC and 
NO<INF>X</INF>. Italicized figures in Tables 1 and 2 highlight data 
comprising the 2004 and 2015 MVEBs, also presented in Table 3.

              Table 1.--Edmonson County 1-Hour Ozone Maintenance Area VOC Emissions (Tons Per Day)
                  [Year 1990, 2000 emission inventory and projected VOC emissions (2004-2015)]
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               County                   1990       2000       2004       2005       2009       2012       2015
----------------------------------------------------------------------------------------------------------------
Point..............................       0.00       0.00       0.00       0.00       0.00       0.00       0.00
Area...............................       0.74       0.89       0.93       0.94       0.98       1.02       1.05
Highway............................       1.57       0.73       0.60       0.55       0.45       0.38       0.33
Non-Hwy............................       0.45       0.27       0.26       0.25       0.23       0.23       0.23
Edmonson...........................       2.76       1.89       1.79       1.74       1.66       1.63       1.61
Safety Margin......................        N/A        N/A       0.10       0.15       0.23       0.26       0.28
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              Table 2.--Edmonson County 1-Hour Ozone Maintenance Area NOX Emissions (Tons Per Day)
                  [Year 1990, 2000 emission inventory and projected NOX emissions (2004-2015)]
----------------------------------------------------------------------------------------------------------------
               County                   1990       2000       2004       2005       2009       2012       2015
----------------------------------------------------------------------------------------------------------------
Point..............................       0.00       0.00       0.00       0.00       0.00       0.00       0.00
Area...............................       0.04       0.06       0.06       0.06       0.06       0.07       0.07
Highway............................       1.08       1.09       0.95       0.91       0.72       0.56       0.43
Non-Hwy............................       0.37       0.52       0.48       0.48       0.43       0.40       0.38
Edmonson...........................       1.49       1.67       1.49       1.45       1.21       1.03       0.88
Safety Margin......................        N/A        N/A       0.18       0.22       0.46       0.64       0.79
----------------------------------------------------------------------------------------------------------------

    Under 40 CFR 93.101, the term safety margin is the difference 
between the attainment level (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 air quality health standard.

[[Page 75476]]

    The emissions from point, area, nonroad, and mobile sources in 2000 
equal 1.89 tons per day (tpd) of VOC for Edmonson County. Projected VOC 
emissions out to the year 2015 equal 1.61 tpd of VOC. The available 
safety margin for VOC is calculated to be the difference between these 
amounts or, in this case, 0.28 tpd of VOC for 2015. By this same 
method, 0.79 tpd (i.e., 1.67 tpd less 0.88 tpd) is the safety margin 
for NO<INF>X</INF> for 2015. The emissions are projected to maintain 
the area's air quality consistent with the NAAQS. The safety margin 
credit, or a 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.
    As mentioned previously, the Commonwealth's August 24, 2004, final 
SIP revision also updates the MVEBs for the Edmonson County 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. See section V of this rulemaking for more 
information on EPA's Adequacy Process and determination for this area.

IV. What Are the MVEBs for the Edmonson County Maintenance Area?

    Maintenance plans and other control strategy SIPs create MVEBs for 
criteria pollutants and/or their precursors to address pollution from 
cars and trucks. The MVEB is the portion of the total allowable 
emissions that is allocated to highway and transit vehicle use and 
emissions. The MVEB serves as a ceiling on emissions from an area's 
planned transportation system. 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 MVEBs 
in the SIP and how to revise the MVEBs.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (e.g., be 
consistent with) the part of the State's air quality plan that 
addresses pollution from cars and trucks. ``Conformity'' to the SIP 
means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
the national ambient air quality standards. If a transportation plan 
does not ``conform,'' most projects that would expand the capacity of 
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA 
policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP.
    In this revision, Kentucky used MOBILE6.2 to update the Edmonson 
County MVEBs for 2004, in addition to establishing MVEBs for VOC and 
NO<INF>X</INF> for the year 2015. The MVEBs have been defined for 2004 
and 2015 in the Commonwealth's submittal, and are presented in Table 3 
below.

                                 Table 3
------------------------------------------------------------------------
                                                          NOX      VOC
------------------------------------------------------------------------
2004..................................................     0.95     0.60
2015..................................................     0.43     0.33
------------------------------------------------------------------------

    For the 2004 and 2015 MVEBs, the values for a given year are equal 
to the on-road mobile source projected level of emissions for that year 
(i.e., none of the available safety margins for VOC and NO<INF>X</INF> 
were allocated to the MVEBs). The MVEBs are constrained in each of the 
budget years to assure that the total emissions (i.e., all source 
categories) do not exceed the 2000 base year emissions. In no case are 
the projected total emissions from mobile sources for any year greater 
than the base year emissions totals for either VOC or NO<INF>X</INF>.
    As part of this final approval, EPA is approving both the revisions 
to the 2004 MVEBs and the newly-established 2015 MVEBs for the Edmonson 
County Maintenance Area. Upon EPA approval of the revised 2004 and new 
2015 MVEBs in this final rulemaking, the Edmonson maintenance area must 
use the revised and new MVEBs for future transportation conformity 
determinations, effective on the effective date of this direct final 
rulemaking.

V. What Is an Adequacy Determination and What Is the Status of EPA's 
Adequacy Determination for the Edmonson Maintenance Area's New MVEB for 
the Year 2015?

    Until a MVEB in a SIP submittal is approved by EPA, it cannot be 
used for transportation conformity purposes unless EPA makes an 
affirmative finding that the MVEBs contained therein are ``adequate.'' 
Once EPA affirmatively finds the submitted MVEBs adequate for 
transportation conformity purposes, those MVEBs can be used by State 
and Federal agencies in determining whether proposed transportation 
projects ``conform'' to the SIP even though EPA approval of the SIP 
revision containing those MVEBs has not yet been finalized. EPA's 
substantive criteria for determining ``adequacy'' of MVEBs in submitted 
SIPs are set out in 40 CFR 93.118(e)(4).
    EPA's process for determining ``adequacy'' of MVEBs in submitted 
SIPs consists of three basic steps: public comment period, and EPA's 
adequacy finding. This process for determining the adequacy of 
submitted SIP MVEBs is set out in EPA's May 1999 guidance, ``Conformity 
Guidance on Implementation of March 2, 1999, Conformity Court 
Decision.'' This guidance is incorporated into EPA's June 30, 2003, 
proposed rulemaking entitled ``Transportation Conformity Rule 
Amendments: Response to Court Decision and Additional Rule Changes'' 
(68 FR 38974). Additionally, this guidance was finalized in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and Miscellaneous 
Revisions for Existing Areas; Transportation Conformity Rule 
Amendments--Response to Court Decision and Additional Rule Change'' on 
July 1, 2004 (69 FR 40004). EPA follows this guidance and rulemaking in 
making its adequacy determinations.
    The Edmonson County Maintenance Area's draft second 10-year 
maintenance plan submissions contained new proposed VOC and 
NO<INF>X</INF> MVEBs for the year 2015. The availability of the draft 
SIP submission with these 2015 MVEBs was announced for public comment 
on EPA's adequacy Web page on February 24, 2004, at: http://www.epa.gov/otaq/transp/conform/currsips.htm. The EPA public comment 
period on adequacy of the 2015 MVEBs for the Edmonson County 
Maintenance Area closed on March 25, 2004. EPA did not receive any 
adverse comments, and in this rulemaking, is making a determination 
that the adequacy criteria for the 2015 MVEB have been met. 
Additionally, EPA through this rulemaking is approving those MVEBs for 
use to determine transportation conformity.

VI. Final Action

    EPA is approving Kentucky's August 24, 2004, SIP revision 
pertaining to the Edmonson County Maintenance Area's 10-year update for 
its 1-hour ozone maintenance plan, and is providing notice that it has 
determined the 2015 VOC and NO<INF>X</INF> 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 Edmonson County area. The revised 2004 
MVEBs are 0.60

[[Page 75477]]

tpd for VOC and 0.95 tpd for NO<INF>X</INF>; the 2015 MVEBs are 0.33 
tpd for VOC and 0.43 tpd for NO<INF>X</INF>. EPA is approving the 
aformentioned changes to Kentucky's SIP because they are consistent 
with Agency policy and guidance and meet all the requirements of 
section 110 and section 175A of the Clean Air Act. As a result of 
today's SIP revision approval, the revised 2004 MVEBs and the newly 
established MVEB for 2015 must be used for future transportation 
conformity determinations effective on February 15, 2005. The MVEBs, 
based on the on-road mobile sources, are to be used by the local 
metropolitan planning organizations and transportation authorities to 
assure that transportation plans, programs, and projects are consistent 
with, and conform to, the long term maintenance of acceptable air 
quality in the Edmonson County area.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective February 15, 
2005, without further notice unless the Agency receives adverse 
comments by January 18, 2005.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on February 15, 2005, and 
no further action will be taken on the proposed rule. Please note that 
if we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

VII. 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 February 15, 2005. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: November 29, 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 adding a new entry at the end of 
the table for ``Edmonson Ozone 10 year

[[Page 75478]]

Maintenance Plan Update'' to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                                     EPA Approved Kentucky Non-regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP      Applicable geographic   State submittal date/effective
             provision              or nonattainment area                date                        EPA approval date                Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Edmonson Ozone 10 year Maintenance  Edmonson County......  August 24, 2003.................  December 17, 2004                 .........................
 Plan Update.                                                                                [Insert Federal Register
                                                                                              citation]
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 04-27656 Filed 12-16-04; 8:45 am]
BILLING CODE 6560-50-P


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