Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 75473

amend this table without prior notice 

and comment. 

I. Administrative Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget. In 

addition, this action does not impose 

any enforceable duty, contain any 

unfunded mandate, or impose any 

significant or unique impact on small 

governments as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). This rule also does 

not require prior consultation with 

State, local, and tribal government 

officials as specified by Executive Order 

12875 (58 FR 58093, October 28, 1993) 

or Executive Order 13084 (63 FR 27655 

(May 10, 1998), or involve special 

consideration of environmental justice 

related issues as required by Executive 

Order 12898 (59 FR 7629, February 16, 

1994). Because this action is not subject 

to notice-and-comment requirements 

under the Administrative Procedure Act 

or any other statute, it is not subject to 

the regulatory flexibility provisions of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.). This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997) because EPA interprets 

Executive Order 13045 as applying only 

to those regulatory actions that are 

based on health or safety risks, such that 

the analysis required under section 5–

501 of the Order has the potential to 

influence the regulation. This rule is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. EPA’s 

compliance with these statutes and 

Executive Orders for the underlying rule 

is discussed in the August 23, 2004, 

Federal Register notice. 

Congressional Review Act 

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. Section 808 allows 

the issuing agency to make a good cause 

finding that notice and public procedure 

is impracticable, unnecessary or 

contrary to the public interest. This 

determination must be supported by a 

brief statement. 5 U.S.C. 808(2). As 

stated previously, EPA has made such a 

good cause finding, including the 

reasons therefor, and established an 

effective date of December 17, 2004. 

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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements.

Dated: December 4, 2004. 

Oscar Morales, 

Director, Collection Strategies Division, Office 

of Information Collection.

■ For the reasons set out in the preamble, 

40 CFR part 9 is amended as follows:

PART 9—[AMENDED]

■ 1. The authority citation for part 9 

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048.

■ 2. In § 9.1 the table is amended by 

adding the heading and entry below in 

numerical order to read as follows:

§ 9.1 OMB approvals under the Paperwork 

Reduction Act.

* * * * *

40 CFR citation OMB

Control No. 

* * * * * 

Concentrated Aquatic Animal Production 

Point Source Category

451.3 .................................. 2040–0258 

451.11(d) .................................. 2040–0258 

451.21(g) .................................. 2040–0258 

* * * * * 

[FR Doc. 04–27663 Filed 12–16–04; 8:45 am] 

BILLING CODE 6560–50–P

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.

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–

75474 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

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 online instructions for submitting 

comments. 

3. E-mail: delatorre.rosymar@epa.gov.

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 

Colo ́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 Colo ́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, delatorre.rosymar@epa.gov, 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, benjamin.lynorae@epa.gov.

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 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 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 (NOX) precursor 

inventory because the total NOX

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 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 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 NOX. 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)] 

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 

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. 

75476 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

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 NOX 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 NOX

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 

NOX 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 NOX.

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 NOX 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 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 Edmonson County 

area. The revised 2004 MVEBs are 0.60 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 75477

tpd for VOC and 0.95 tpd for NOX; the 

2015 MVEBs are 0.33 tpd for VOC and 

0.43 tpd for NOX. 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.

■ Part 52 of chapter I, title 40, Code of 

Federal Regulations, is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart S—Kentucky

■ 2. Section 52.920(e), is amended by 

adding a new entry at the end of the table 

for ‘‘Edmonson Ozone 10 year 

75478 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

Maintenance Plan Update’’ to read as 

follows:

§ 52.920 Identification of plan.

* * * * *

(e) * * *

EPA APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal date/

effective date EPA approval date Explanation 

* * * * * * * 

Edmonson Ozone 10 year Maintenance Plan Update.Edmonson County ......... August 24, 2003 ........ December 17, 2004 

[Insert Federal Register citation] 

[FR Doc. 04–27656 Filed 12–16–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R06–OAR–2004–TX–0002; FRL–7849–5] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Memorandum of Agreement Between 

Texas Council on Environmental 

Quality and the North Central Texas 

Council of Governments Providing 

Emissions Offsets to Dallas Fort Worth 

International Airport

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: On October 29, 2004 (69 FR 

63066), EPA published a direct final 

rule approving incorporation of a 

Memorandum of Agreement between 

the Texas Commission on 

Environmental Quality and the North 

Central Texas Council of Governments 

into the Texas SIP. The direct final 

action was published without prior 

proposal because EPA anticipated no 

adverse comment. EPA stated in the 

direct final rule that if EPA received 

adverse comment by November 29, 

2004, EPA would publish a timely 

withdrawal in the Federal Register. EPA 

subsequently received a timely adverse 

comment on the direct final rule. 

Therefore, EPA is withdrawing the 

direct final approval. EPA will address 

the comment in a subsequent final 

action based on the parallel proposal 

also published on October 29, 2004 (69 

FR 63112). As stated in the parallel 

proposal, EPA will not institute a 

second comment period on this action.

DATES: The direct final rule published 

on October 29, 2004 (69 FR 63066), is 

withdrawn as of December 17, 2004.

FOR FURTHER INFORMATION CONTACT:

Peggy Wade, telephone (214) 665–7247; 

e-mail address wade.peggy@epa.gov.

List of Subjects in 40 CFR Part 52

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: December 9, 2004. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6.

■ Accordingly, the revision to 40 CFR 

52.2270 published in the Federal 

Register on October 29, 2004 (69 FR 

63066), which was to become effective 

on December 28, 2004, is withdrawn.

[FR Doc. 04–27655 Filed 12–16–04; 8:45 am] 

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[R07–OAR–2004–MO–0004; FRL–7850–3] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; State of Missouri

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to 

the Missouri State Implementation Plan 

(SIP) and Operating Permits Program. 

EPA is approving a revision to Missouri 

rule ‘‘Submission of Emission Data, 

Emission Fees, and Process 

Information.’’ This revision will ensure 

consistency between the state and the 

Federally-approved rules and ensure 

Federal enforceability of the state’s air 

program rule revision.

DATES: This direct final rule will be 

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

informing the public that the rule will 

not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R07–OAR–

2004–MO–0004, by one of the following 

methods: 

1. Federal eRulemaking Portal: http:/

/www.regulations.gov. Follow the online 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 online instructions for submitting 

comments. 

3. E-mail: daniels.leland@epa.gov.

4. Mail: Leland Daniels, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

5. Hand Delivery or Courier: Deliver 

your comments to Leland Daniels at the 

above-listed address. 

Instructions: Direct your comments to 

RME ID No. R07–OAR–2004–MO–0004. 

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