ENVIRONMENTAL PROTECTION AGENCY 40 CPR Part 52 [EPA-R04-0AR-2oo7-1186-201021; PRL - ] Approval and Promulgation ofAir Quality Implementation Plans: Kentucky; Approval Section 11O(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Paducah Area



### AGENCY: ACTION: Environmental Protection Agency (EPA). Final rule. SUMMARY: EPA is taking fmal action to approve arevision to the Kentucky State Implementation Plan (SIP) concerning the maintenance plan addressing the 1997 8-hourozone standards for the Paducah 1997 8-hourozone attainment area, which comprises Marshall County and a portion ofLivingston County (hereafterreferred to as the "Paducah Area"). This maintenance plan was submitted to EPA on May 27,2008, by the Commonwealth ofKentucky, and ensures the continued attainment ofthe 1997 8-hourozone national ambient air quality standards (NAAQS) through the year 2020. OnJuly 15,2009, the Commonwealth ofKentucky submitted supplemental information with updated emissions tables for this Area to reflect actual emissions. This plan meets the statutory and regulatory requirements, and is conSistent with EPA's guidance. EPA is taking fmal action to approve the revisions to the Kentucky SIP, pursuantto the Clean Air Act (CAA). EPA is also in the process ofestablishing a new 8-hour
ozone NAAQS, and expects to finalize the reconsidered NAAQS by August 2010. Today's action, however, relates only to the 1997 8-hourozone NAAQS. Requirements for the Paducah Areaunder the 2010 NAAQS will be addressed in the future.DATES: This rule will be effective [Insert date 30 days afterpublication in the Federal Registerl.

ADDRESSES: EPA has established a docket for this actionunder Docket Identification No. EPA-R04-0AR-2007-1186. All documents in the electronic docket are listed in the www.regulations.gov website. Although listed in the index, some infonnation is not publicly available, i.e., Confidential Business Infonnation or other infonnation whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is notplaced on the Internet and will be publicly available only in hard copy fonn. Publicly available docket materials are available eitherelectronically in www.regulations.gov or inhard copy at the Regulatory Development Section, AirPlanning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. EPA requests that, ifat all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

FOR FURTHERINFORMATION CONTACT: Zuri Farngalo, Regulatory Development**~ection,** Air Planning Branch, Air, Pesticides and Toxics ManagementDivision, U.S. Environmental Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 30303- 8960. Mr. Farngalo may be reached by phone at (404) 562-9152 orby electronic mail address farngalo.zuri@epa.gov.
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### SUPPLEMENTARY INFORMATION; Table ofContents I. Background II. EPA Guidance and CAARequirements III. Today's Action IV.
. Final Action V. Statutory and Executive OrderReviews "',



### I. Background In accordance with the CAA, the Paducah Area, consisting ofMarshall County and a portionofLivingston County in Kentucky, was designated as marginal nonattainmentforthe 1- hourozoneNAAQS effectiveNovember 6, 1991 (56 FR 56694) because the Areadid notmeet the I-hourozone NAAQS. OnNovember 13, 1992, the Commonwealth ofKentucky submitted
a requestto redesignate the Paducah Areato attainmentfor the I-hour ozone NAAQS. Atthe
same time as the redesignation request, Kentucky submitted the required ozone monitoring data and maintenance planto ensure thatthe Paducah Area would remain in attainment for the I-hour
ozoneNAAQS for aperiod of 10 years, consistent with the CAA section 175A(a). The maintenance plan submitted by Kentucky followed EPA guidance for limited maintenance areas, which applied to I-hour ozoneNAAQS areas with design values less than 85 percent ofthe applicable standard (0.12 parts permillion). On February 7,1995, EPA approved Kentucky's requestto redesignate the Paducah Area (60 FR7124) to attainment for the I-hour ozone NAAQS.
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### II. EPA Guidance and CAA Requirements On April 30, 2004, EPA designated areas for the 1997 8-hourozone NAAQS (69 FR 23858), and published the final Phase I Implementation Rule for the 1997 8-hourozone NAAQS (69 FR 23951) (Phase I Rule). The Paducah Area was designated attainmentfor the 1997 8-hour
ozone NAAQS, effective June 15,2004. The Paducah attainment area consequently was required to submit a lO-yearmaintenance plan under section llO(a)(1) ofthe CAA and the Phase I Rule, 40 CFR 51.905(a)(4). On May 20,2005, EPA issued guidance providing information as to how a state mightfulfill the maintenance plan obligation establishedby the CAA and the Phase I Rule (Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance Plan Guidance Document for Certain 8-hour OzoneAreas UnderSection 110(a)(1) ofCleanAir Act, May 20,2005

- hereafterreferred to as "WegmanMemorandum"). On December22, 2006, the United States Court ofAppeals for the DistrictofColumbia Circuit issued an opinion that vacated portions ofEPA's Phase I Rule. See South CoastAir QualityManagementDistrict. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). The Courtvacated those portions ofthe Phase I Rule thatprovided for regulation ofthe 1997 8-hourozone nonattainment
areas designated under Subpart 1 (ofpart D ofthe CAA), in lieu ofSubpart 2 among other portions. The Court's decision did not alter any 8-hourozone attainment arearequirements under the Phase IRule for CAA section llO(a)(1) maintenance plans. EPA has determined that Kentucky's May 27,2008, proposed SIPrevision satisfies the section II00a)(1) 

### cM requirements for a plan thatprovides for implementation, maintenance, and enforcement ofthe 1997 8-hourozone NAAQS in the Paducah attainment area.

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### III. Today's Action EPA is taking fmal action to approve the SIP revisions concerning the HO(a)(l) maintenance plan addressing the 1997 8-hour ozone NAAQS for the Paducah Area. This maintenance plan was submitted to EPA on May 27, 2008, by the Commonwealth ofKentucky to ensure the continued attainment ofthe 1997 8-hourozone NAAQS through the year 2020. This approval action is based on EPA's analyses ofwhether this request complies with section 110 ofthe CAA and section 51.905(a)(4). EPA's analyses for the Commonwealth ofKentucky's submittal are described in detail in the proposed rule published January 4,2010 (75 FR 97). The commentperiod for this proposed action closed on February 3, 2010. EPA did not receive any comments, adverse orotherwise, during this public commentperiod. However, EPA noticed an inadvertent omission ofthe July 15, 2009, supplementthat Kentucky provided from the electronic docket at www.regulations.gov. Since EPA referenced this supplement in the January 4,2010, proposed rulemaking, EPA reopened the public commentperiod for this proposed action forthe limited purpose ofallowing the public the opportunity to review and considerthis supplemental information in regards to EPA's proposed rulemaking (75 FR 8574). EPA's reopening ofthe commentperiod ended on March 25,2010. During this additional commentperiod, EPA did not receive any comments. In support ofthis fmal action, the Commonwealth ofKentucky provided an analysis of emissions differences for the highway mobile source emissions using a Reid VaporPressure (RVP) level of9.0 pounds per square inch (psi), which is the applicable standard during the regulatory control period (Le., May 1st through September 15th). See 40 CFR 80.27. In its original submission, the Commonwealth ofKentucky had modeled 8.6 psi based on historical


### 5information that indicated that summer time RVP supplied to the Paducah Area averaged 8.6 psi. EPA considers the original submittal to model a more stringent RVP; however, in orderto ensure that Kentucky could demonstrate attainment with a higher RVP, Kentucky provided the supplemental information. Subsequently, the Commonwealth ofKentucky provided modeling at the 9.0 psi level. EPA reviewed this additional information and noted that there was no change in emissions for nitrogen oxides (NOx) and a slight increase (less than a tenth ofaton per day) in emissions ofvolatile organic compounds (VOC) with RVP at the 9.0 psi level as compared to the 8.6 psi level. The difference ill total highway emissions for each yearemissions was provided and is included in the following table: Paducah Area Highway Mobile Source Emissions (tons per day) DitTerence between 8.6 !lsi 9.0 psi 8.6 psi & 9.0 psi VOC NOx VOC NOx VOC NOx 2002 1.14 1.90 1.19 1.90 0.05 0.00 2005 1.62 3.36 1.67 3.36 0.05 0.00 2008 1.47 3.00 1.52 3.00 0.05 0.00 2011 1.32 2.49 1.36 2.49 0.04 0.00 2014 1.14 1.90 1.19 1.90 0.05 0.00 2017 1.04 1.51 1.07 1.52 0.03 0.01 2020 0.94 I 1.27 0.97 1.27 I 0.03 0.00
EPA has made the determination that, even with the slight increase in VOC emissions due to the difference ofmodeling 9.0 psi versus 8.6 psi, Kentuckyhas demonstrated continued maintenance for the 1997 8-hourNAAQS for the Paducah Area. Further, EPA believes that Kentucky's 11O(a)(1) submission for the Paducah Area meets the CAA requirements in addition to EPA policy and guidance.

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### IV. Final Action Pursuant to Section 110 ofthe CAA, EPA is approving the maintenance plan addressing the 1997 8-hourozone NAAQS for the Paducah Area, which was submittedby Kentucky on May 27, 2008, and ensures continued attainment ofthe 1997 8-hourozone NAAQS through the year 2020. EPAhas evaluated the Commonwealth's submittal and has detennined that it meets the applicable requirements ofthe CAA and EPA regulations, and is consistent with EPA policy. EPA's rationale is explained in the proposed action. On March 12,2008, EPA issued arevised ozone NAAQS. EPA subsequently announced
areconsideration ofthe 2008 NAAQS, and proposed new 8-hourozone NAAQS in January 2010. A final8-hour ozone NAAQS is expected in August 2010; The current action, however, is being taken to address requirements under the 1997 ozone NAAQS. Requirements for the Paducah Areaunder the 2010 NAAQS will be addressed in the future.



### V. Statutory andExecutive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 741O(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meetthe criteria ofthe CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposedby state law. Forthatreason, this action:

• is not a "significantregulatory action" subject to review by the Office ofManagement and BudgetunderExecutive Order 12866 (58 FR 51735, October4, 1993);
7• does not impose an information collectionburden under the provisions ofthe Paperwork Reduction Act (44 U.S.c. 3501 etseq.);

• is certified as not having a significanteconomic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.c. 601 etseq.);

• does not contain any unfunded mandate or significantly oruniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

• does nothave Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• is not an economically significant regulatory actionbased on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• is not a significantregulatory action subjectto Executive Order 13211 (66 FR 28355, May 22,2001);

• is not subject to requirements ofSection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.c. 272 note) because application ofthose 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 rule does nothave tribal implications as specifiedby Executive Order 13175 (65 

## FR 67249, November 9,2000), because the SIP is not approved to apply in Indian country

8located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments orpreempttribal law
.

.The Congressional Review Act, 5 U.S.C. 801 

### etseq., as added by the Small Business Regulatory EnforcementFairness Act of 1996, generally provides thatbefore arule may take effect, the agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and otherrequired information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A majorrule cannot take effectuntil 60 days after it is published in the Federal Register. This action is not a "majorrule" as defmed by 

### 5 U.S.C. 804(2).Under section 307(b)(l) ofthe CAA, petitions forjudicial review ofthis action mustbe filed in the United States Court ofAppeals for the appropriate circuitby [FEDERALREGISTER OFFICE: insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing a petition for reconsideration by the Administrator ofthisfmal rule does not affect the fmality ofthis action for the purposes ofjudicial review nor does it extend the time within which
a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch rule
or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

9List ofSubjects in 40 CFRPart 52 Air pollutioncontrol, Environmental protection, Incorporationby reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: 8 11/2010

10 A. Stanley Meiburg Acting Regional Administrator, Region 4

### PART 52--[AMENDED] 1. The authority citation for part 52 continues to read as follows: 

### Authority: 42 U.S.C. 7401 etseq. 

### SubpartS

-- Kentucky 2. Section 52.920(e), is amended by adding a new entry for the "Paducah 8-Hour Ozone AttianmentJ1-HourOzone Maintenance Plan Section 11O(a)(l)" to read as follows: § 

### 52.920 Identification ofplan.


## * * * * 

## * (e) 

## * * * EPA-Approved Kentucky Non-Regulatory Provisions Name ofSIP Applicable State submittal EPA approval Explanation provision geographic or date I 

### effective date nonattainment date area 

## * * * * * * * Paducah 8-Hour Marshall and May 27, 2008 

### [Insertdate of Ozone Livingston 

### publication in Attainment I Counties 

### Federal 1-HourOzone 

### Register ] Maintenance Plan Section 

### [insertcitation 11O(a)(l) 

### ofpublication]

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