45956 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 

not affect the finality of these actions 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. These actions, 

pertaining to the determination of 

attaining data for the 1997 annual and 

2006 24-hour fine particulate matter 

standard for the Knoxville Area, may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: July 20, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 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 RR—Tennessee 

■ 2. Section 52.2231 is amended by 

adding paragraphs (d) and (e) to read as 

follows: 

§ 52.2231 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(d) Determination of attaining data. 

EPA has determined the Knoxville, 

Tennessee, nonattainment area has 

attaining data for the 1997 annual PM2.5

NAAQS. This determination, in 

accordance with 40 CFR 51.1004(c), 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual PM2.5

NAAQS. 

(e) Determination of attaining data. 

EPA has determined KnoxvilleSevierville-La Follette, Tennessee, 

nonattainment area has attaining data 

for the 2006 24-hour PM2.5 NAAQS. 

This determination, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 2006 24-hour 

PM2.5 NAAQS. 

[FR Doc. 2012–18663 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0336; FRL–9708–5] 

Approval and Promulgation of 

Implementation Plans; Kentucky; 

Louisville; Fine Particulate Matter 2002 

Base Year Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the 1997 annual fine particulate 

matter (PM2.5) 2002 base year emissions 

inventory portion of the State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Kentucky on December 3, 2008. The 

emissions inventory is part of 

Kentucky’s December 3, 2008, 

attainment demonstration SIP revision 

that was submitted to meet the 

nonattainment requirements related to 

the Commonwealth’s portion of the bistate Louisville, Kentucky-Indiana 

nonattainment area for the 1997 annual 

PM2.5 national ambient air quality 

standards (NAAQS), hereafter referred 

to as ‘‘the bi-state Louisville Area’’ or 

‘‘Area.’’ The bi-state Louisville Area is 

comprised of Clark and Floyd Counties 

in Indiana, in their entireties; the 

Madison Township portion of Jefferson 

County, Indiana; and Bullitt and 

Jefferson Counties in Kentucky, in their 

entireties. This final action only relates 

to the Kentucky portion (i.e., Bullitt and 

Jefferson Counties) of this Area. This 

action is being taken pursuant to section 

110 of the Clean Air Act (CAA or Act). 

DATES: This rule will be effective 

September 4, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R04–OAR–2012–0336. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–8726. 

Mr. Wong can be reached via electronic 

mail at wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Analysis of the Commonwealth’s 

Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter based 

on a three-year average of annual mean 

PM2.5 concentrations. On January 5, 

2005 (70 FR 944), EPA published its air 

quality designations and classifications 

for the 1997 annual PM2.5 NAAQS based 

upon air quality monitoring data for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The bi-state Louisville Area was 

designated nonattainment for the 1997 

annual PM2.5 NAAQS. See 40 CFR 

81.318 for Kentucky and 40 CFR 81.315 

for Indiana. 

Designation of an area as 

nonattainment starts the process for a 

state to develop and submit to EPA a 

SIP under title I, part D of the CAA. This 

SIP must include, among other 

elements, a demonstration of how the 

NAAQS will be attained in the 

nonattainment area as expeditiously as 

practicable, but no later than the date 

required by the CAA. Under CAA 

section 172(b), a state has up to three 

years after an area’s designation as 

nonattainment to submit its SIP to EPA. 

For the 1997 annual PM2.5 NAAQS, 

these SIPs were due April 5, 2008. See 

40 CFR 51.1002(a). 

On December 3, 2008, Kentucky 

submitted an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 


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Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 45957 

further progress (RFP) plan, contingency 

measures, a 2002 base year emissions 

inventory and other planning SIP 

revisions related to attainment of the 

1997 annual PM2.5 NAAQS in the 

Commonwealth’s portion of the bi-state 

Louisville Area. Subsequently, on 

March 9, 2011 (76 FR 12860), EPA 

determined that the bi-state Louisville 

Area attained the 1997 annual PM2.5

NAAQS. The determination of 

attainment was based upon complete, 

quality-assured and certified ambient air 

monitoring data for the 2007–2009 

period, showing that the Area had 

monitored attainment of the 1997 

annual PM2.5 NAAQS. The requirements 

for the Area to submit an attainment 

demonstration and associated RACM, 

RFP plan, contingency measures, and 

other planning SIP revisions related to 

attainment of the standard were 

suspended as a result of the 

determination of attainment, so long as 

the Area continues to attain the 1997 

annual PM2.5 NAAQS. See 40 CFR 

51.1004(c). 

On September 30, 2011, Kentucky 

withdrew the attainment demonstration 

submission (everything with the 

exception of the 2002 base year 

emissions inventory) for its portion of 

the bi-state Louisville Area as allowed 

by 40 CFR 51.1004(c). EPA notes that 

the determination of attainment does 

not suspend the emissions inventory 

requirement found in CAA section 

172(c)(3), and as such, Kentucky did not 

withdraw this portion of its December 3, 

2008, SIP revision. Section 172(c)(3) of 

the CAA requires submission and 

approval of a comprehensive, accurate, 

and current inventory of actual 

emissions. 

On May 25, 2012, EPA published a 

proposed rulemaking to approve 

Kentucky’s 1997 annual PM2.5

emissions inventory for its portion of 

the bi-state Louisville Area. See 77 FR 

31262. Comments on the proposed 

rulemaking were due on or before June 

25, 2012. No comments, adverse or 

otherwise, were received on EPA’s May 

25, 2012, proposed rulemaking. 

Pursuant to section 110 of the CAA, 

EPA is now taking final action to 

approve the Kentucky’s 1997 annual 

PM2.5 emissions inventory as provided 

in EPA’s May 25, 2012, proposed 

rulemaking. A summary of the 

background for today’s final action is 

provided below. For more detail, please 

refer to EPA’s proposed rulemaking at 

77 FR 31262. 

II. Analysis of the Commonwealth’s 

Submittal 

As discussed above, section 172(c)(3) 

of the CAA requires areas to submit a 

comprehensive, accurate, and current 

inventory of actual emissions from all 

sources of the relevant pollutant or 

pollutants in such area. Kentucky 

selected 2002 as the base year for the 

emissions inventory per 40 CFR 

51.1008(b). Emissions contained in 

Kentucky’s December 3, 2008, SIP 

revision cover the general source 

categories of point sources, non-road 

mobile sources, area sources, and onroad mobile sources. A detailed 

discussion of the emissions inventory 

development can be found in Appendix 

H of the Kentucky submittal; a summary 

is provided below. 

The table below provides a summary 

of the annual 2002 emissions of nitrogen 

oxides (NOx), sulfur dioxide (SO2), and 

PM2.5 included in the Kentucky 

submittal. 

TABLE 1—2002 ANNUAL EMISSIONS

FOR THE KENTUCKY PORTION OF

THE LOUISVILLE AREA

[Tons per year] 

County 

Point Sources 

NOX SO2 PM2.5

Bullitt ........... 221 391 56 

Jefferson ..... 25,915 41,483 830 

Non-Road Sources 

Bullitt ........... 578 50 44 

Jefferson ..... 10,989 1,429 720 

Area Sources 

Bullitt ........... 51 93 804 

Jefferson ..... 234 0 1,083 

Mobile Sources 

Bullitt ........... 2,979 89 43 

Jefferson ..... 25,864 917 369 

The 172(c)(3) emissions inventory is 

developed by the incorporation of data 

from multiple sources. States were 

required to develop and submit to EPA 

a triennial emissions inventory 

according to the Consolidated Emissions 

Reporting Rule for all source categories 

(i.e., point, area, nonroad mobile, and 

on-road mobile). This inventory often 

forms the basis of data that are updated 

with more recent information and data 

that also are used in their attainment 

demonstration modeling inventory. 

Such was the case in the development 

of the 2002 base year emissions 

inventory that was submitted in the 

Commonwealth’s attainment SIP for its 

portion of the bi-state Louisville Area. 

The 2002 emissions inventory was 

based on data developed with the 

Visibility Improvement State and Tribal 

Association of the Southeast (VISTAS) 

contractors and submitted by the states 

to the 2002 National Emissions 

Inventory. Several iterations of the 2002 

inventories were developed for the 

different emissions source categories 

resulting from revisions and updates to 

the data. This resulted in the use of 

version G2 of the updated data to 

represent the point sources’ emissions. 

Data from many databases, studies, and 

models (e.g., Vehicle Miles Traveled, 

fuel programs, the NONROAD 2002 

model data for commercial marine 

vessels, locomotives, and Clean Air 

Market Division, etc.) resulted in the 

inventory submitted in this SIP. The 

data were developed according to 

current EPA emissions inventory 

guidance ‘‘Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter National 

Ambient Air Quality Standards 

(NAAQS) and Regional Haze 

Regulations’’ (August 2005) and a 

quality assurance project plan that was 

developed through VISTAS and 

approved by EPA. EPA agrees that the 

process used to develop this inventory 

was adequate to meet the requirements 

of CAA section 172(c)(3) and the 

implementing regulations. 

EPA has reviewed Kentucky’s 2002 

base year emissions inventory and has 

determined that it is adequate for the 

purposes of meeting section 172(c)(3) 

emissions inventory requirement. 

Further, EPA has made the 

determination that the emissions were 

developed consistent with the CAA, 

implementing regulations and EPA 

guidance for emission inventories. 

III. Final Action 

EPA is taking final action to approve 

the 2002 base year emissions inventory 

portion of the attainment demonstration 

SIP revision submitted by the 

Commonwealth of Kentucky on 

December 3, 2008. EPA has made the 

determination that this action is 

consistent with section 110 of the CAA. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this final action: 


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45958 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments as described in 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 F43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this final rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the Commonwealth, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 1, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: July 20, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 for ‘‘Louisville; 1997 

Annual Fine Particulate Matter 2002 

Base Year Emissions Inventory’’ to the 

end of the table 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 Explanations 

*******

Louisville; 1997 Annual Fine 

Particulate Matter 2002 

Base Year Emissions Inventory.

Bullitt and Jefferson Counties.12/03/2008 8/2/12 [Insert citation of publication]..

[FR Doc. 2012–18784 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0285; FRL–9705–7] 

Approval and Promulgation of 

Implementation Plans; Tennessee 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve in part, and conditionally 

approve in part, the State 

Implementation Plan (SIP) submission, 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

as demonstrating that the State meets 

the SIP requirements of sections 

110(a)(1) and (2) of the Clean Air Act 

(CAA or the Act) for the 1997 annual 

and 2006 24-hour fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS). Section 110(a) of 


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