ENVIRONMENTAL PROTECTION AGENCY

40 CPR Part 52

[EPA-R04-0AR-2oo7-1186-201021; PRL - ]

Approval and Promulgation of Air 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 a revision to the Kentucky State

Implementation Plan (SIP) concerning the maintenance plan addressing the 1997 8-hour ozone

standards for the Paducah 1997 8-hourozone attainment area, which comprises Marshall County

and a portion of Livingston County (hereafter referred to as the "Paducah Area"). This

maintenance plan was submitted to EPA on May 27,2008, by the Commonwealth of Kentucky,

and ensures the continued attainment of the 1997 8-hour ozone national ambient air quality

standards (NAAQS) through the year 2020. On July 15,2009, the Commonwealth of Kentucky

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,

pursuant to the Clean Air Act (CAA). EPA is also in the process of establishing 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-hour ozone NAAQS. Requirements for the Paducah

Area under the 2010 NAAQS will be addressed in the future.
DATES: This rule will be effective [Insert date 30 days after publication in the Federal

Registerl.

ADDRESSES: EPA has established a docket for this action under 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 not placed on the

Internet and will be publicly available only in hard copy fonn. Publicly available docket

materials are available either electronically in 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: Zuri Farngalo, Regulatory Development

~ection, Air Planning Branch, Air, Pesticides and Toxics Management Division, 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 or by electronic mail address

farngalo.zuri@epa.gov.

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SUPPLEMENTARY INFORMATION;

Table of Contents

I. Background

II. EPA Guidance and CAA Requirements

III. Today's Action

IV. . Final Action

V. Statutory and Executive Order Reviews

"',

I. Background

In accordance with the CAA, the Paducah Area, consisting ofMarshall County and a

portion of Livingston County in Kentucky, was designated as marginal nonattainment for the 1-

hour ozone NAAQS effective November 6, 1991 (56 FR 56694) because the Area did not meet

the I-hour ozone NAAQS. On November 13, 1992, the Commonwealth ofKentucky submitted

a request to redesignate the Paducah Area to attainment for the I-hour ozone NAAQS. At the

same time as the redesignation request, Kentucky submitted the required ozone monitoring data

and maintenance plan to ensure that the Paducah Area would remain in attainment for the I-hour

ozone NAAQS for a period 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 ozone NAAQS areas with design values less than 85 percent ofthe

applicable standard (0.12 parts per million). On February 7,1995, EPA approved Kentucky's

request to redesignate the Paducah Area (60 FR 7124) 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-hour ozone NAAQS (69 FR

23858), and published the final Phase I Implementation Rule for the 1997 8-hour ozone NAAQS

(69 FR 23951) (Phase I Rule). The Paducah Area was designated attainment for the 1997 8-hour

ozone NAAQS, effective June 15,2004. The Paducah attainment area consequently was

required to submit a lO-year maintenance plan under section llO(a)(1) of the 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 might fulfill the maintenance plan obligation established by the CAA and the

Phase I Rule (Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance

Plan Guidance Documentfor Certain 8-hour Ozone Areas Under Section 110(a)(1) ofClean Air

Act, May 20,2005 - hereafter referred to as "Wegman Memorandum").

On December 22, 2006, the United States Court of Appeals for the District of Columbia

Circuit issued an opinion that vacated portions of EPA's Phase I Rule. See South Coast Air

Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). The Court vacated those

portions of the Phase I Rule that provided for regulation of the 1997 8-hour ozone nonattainment

areas designated under Subpart 1 (of part D of the CAA), in lieu of Subpart 2 among other

portions. The Court's decision did not alter any 8-hour ozone attainment area requirements

under the Phase I Rule for CAA section llO(a)(1) maintenance plans. EPA has determined that

Kentucky's May 27,2008, proposed SIP revision satisfies the section II00a)(1) cM

requirements for a plan that provides for implementation, maintenance, and enforcement of the

1997 8-hour ozone 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 of Kentucky

to ensure the continued attainment of the 1997 8-hour ozone NAAQS through the year 2020.

This approval action is based on EPA's analyses of whether this request complies with section

110 of the CAA and section 51.905(a)(4). EPA's analyses for the Commonwealth of Kentucky's

submittal are described in detail in the proposed rule published January 4,2010 (75 FR 97).

The comment period for this proposed action closed on February 3, 2010. EPA did not

receive any comments, adverse or otherwise, during this public comment period. However, EPA

noticed an inadvertent omission of the July 15, 2009, supplement that 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 comment period for this

proposed action for the limited purpose of allowing the public the opportunity to review and

consider this supplemental information in regards to EPA's proposed rulemaking (75 FR 8574).

EPA's reopening of the comment period ended on March 25,2010. During this additional

comment period, EPA did not receive any comments.

In support of this fmal action, the Commonwealth of Kentucky provided an analysis of

emissions differences for the highway mobile source emissions using a Reid Vapor Pressure

(RVP) level of 9.0 pounds per square inch (psi), which is the applicable standard during the

regulatory control period (Le., May 1

st through September 15th). See 40 CFR 80.27. In its

original submission, the Commonwealth of Kentucky had modeled 8.6 psi based on historical

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information 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 order to ensure

that Kentucky could demonstrate attainment with a higher RVP, Kentucky provided the

supplemental information. Subsequently, the Commonwealth of Kentucky 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 of a ton per day) in

emissions of volatile 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 year emissions 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 of modeling 9.0 psi versus 8.6 psi, Kentucky has demonstrated continued

maintenance for the 1997 8-hour NAAQS 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 of the CAA, EPA is approving the maintenance plan addressing

the 1997 8-hour ozone NAAQS for the Paducah Area, which was submitted by Kentucky on

May 27, 2008, and ensures continued attainment of the 1997 8-hour ozone NAAQS through the

year 2020. EPA has evaluated the Commonwealth's submittal and has detennined that it meets

the applicable requirements of the 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 a revised ozone NAAQS. EPA subsequently announced

a reconsideration of the 2008 NAAQS, and proposed new 8-hour ozone 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 Area under the 2010 NAAQS will be addressed in the future.

V. 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. 741O(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 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 action:

• 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);

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• 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 (Public Law

104-4);

• does not have 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 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 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

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located in the state, 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 defmed by 5 U.S.C.

804(2).

Under section 307(b)(l) 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 [FEDERAL REGISTER

OFFICE: insert date 60 days from date of publication of this document in the Federal Register].

Filing a petition for reconsideration by the Administrator of thisfmal rule does not affect the

fmality of this action for the purposes ofjudicial review nor does it extend the time within which

a petition for judicial 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).)

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List of Subjects in 40 CFR Part 52

Air pollution control, Environmental protection, Incorporation by 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 et seq.

Subpart S -- Kentucky

2. Section 52.920(e), is amended by adding a new entry for the "Paducah 8-Hour Ozone

AttianmentJ1-Hour Ozone Maintenance Plan Section 11O(a)(l)" to read as follows:

§ 52.920 Identification of plan.

* * * * *

(e) * * *

EPA-Approved Kentucky Non-Regulatory Provisions

Name of SIP Applicable State submittal EPA approval Explanation

provision geographic or date I effective date

nonattainment date

area

* * * * * * *

Paducah 8-Hour Marshall and May 27, 2008 [Insert date of

Ozone Livingston publication in

Attainment I Counties Federal

1-Hour Ozone Register ]

Maintenance

Plan Section [ insert citation

11O(a)(l) of publication]

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