Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Proposed Rules 3183 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, under 

Executive Order 13132, we determine 

that this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

Regulatory Flexibility Act 

The Director of the Bureau of Prisons, 

under the Regulatory Flexibility Act (5 

U.S.C. 605(b)), reviewed this regulation 

and by approving it certifies that it will 

not have a significant economic impact 

upon a substantial number of small 

entities for the following reasons: This 

rule pertains to the correctional 

management of offenders committed to 

the custody of the Attorney General or 

the Director of the Bureau of Prisons, 

and its economic impact is limited to 

the Bureau’s appropriated funds. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by § 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This rule will not result in an 

annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 522 

Prisoners. 

Dated: January 8, 2010. 

Harley G. Lappin, 

Director, Bureau of Prisons. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 552(a) 

and delegated to the Director, Bureau of 

Prisons, we amend 28 CFR part 522 as 

follows. 

Subchapter B—Inmate Admission, 

Classification, and Transfer 

PART 522—ADMISSION TO 

INSTITUTION 

1. The authority citation for 28 CFR 

part 522 continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 

3622, 3624, 4001, 4042, 4081, 4082 (Repealed 

in part as to offenses committed on or after 

November 1, 1987), 4161–4166 (Repealed in 

part as to offenses committed on or after 

November 1, 1987), 5006–5024 (Repealed 

October 12, 1984, as to offenses committed 

after that date), 5039; 28 U.S.C. 509, 510. 

2. Revise Subpart C to read as follows: 

Subpart C—Intake Screening 

Sec. 

522.20 Purpose and scope. 

522.21 Procedures. 

§ 522.20 Purpose and scope. 

The purpose of this subpart is to 

explain that Bureau of Prisons staff 

screen newly arrived inmates to ensure 

that Bureau health, safety, and security 

standards are met. 

§ 522.21 Procedures. 

(a) Upon an inmate’s arrival, the 

inmate will be interviewed to determine 

if there are non-medical reasons for 

housing the inmate away from the 

general population. 

(b) Within 24 hours after an inmate’s 

arrival, the inmate will be medically 

screened to determine if there are 

medical reasons, including mental 

health reasons, for housing the inmate 

away from the general population or for 

restricting temporary work assignments. 

[FR Doc. 2010–878 Filed 1–19–10; 8:45 am] 

BILLING CODE 4410–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186; FRL–9104–6] 

Approval and Promulgation of Air 

Quality Implementation Plan: 

Kentucky; Approval Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for the Owensboro 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Kentucky State 

Implementation Plan (SIP) concerning 

the maintenance plan addressing the 

1997 8-hour ozone standard for the 

Owensboro 8-hour ozone attainment 

area, which comprises Daviess County 

and a portion of Hancock County 

(hereafter referred to as the ‘‘Owensboro 

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 standard (NAAQS) through the 

year 2020. On July 15, 2009, the 

Commonwealth of Kentucky submitted 

supplemental information with updated 

emissions tables to reflect actual 

emissions for this Area. EPA proposes to 

find that this plan meets the statutory 

and regulatory requirements, and is 

consistent with EPA’s guidance. EPA is 

proposing to approve the revisions to 

the Kentucky SIP, pursuant to Section 

110 of the Clean Air Act (CAA). On 

March 12, 2008, EPA issued a revised 

ozone standard. The current action, 

however, is being taken to address 

requirements under the 1997 ozone 

standard. Requirements for the 

Owensboro Area under the 2008 

standard will be addressed in the future. 

DATES: Comments must be received on 

or before February 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–1186, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: EPA–R04–OAR–2007–1186, 

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. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, 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. 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 

Docket ID No. EPA–R04–OAR–2007– 

1186. 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:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 


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claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, 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 http:// 

www.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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

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 http:// 

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 

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) 562–9152. 

Mr. Farngalo can also be reached via 

electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the Commonwealth’s 

Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In accordance with the CAA, the 

Owensboro Area, consisting of Daviess 

County and a portion of Hancock 

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 1-hour ozone NAAQS. 

On November 13, 1992, the 

Commonwealth of Kentucky submitted 

a request to redesignate the Owensboro 

Area to attainment for the 1-hour ozone 

standard. At the same time as the 

redesignation request, Kentucky 

submitted the required ozone 

monitoring data and maintenance plan 

to ensure that the Owensboro Area 

would remain in attainment for the 1- 

hour ozone standard for a period of 10 

years, consistent with the CAA section 

175A. The maintenance plan submitted 

by Kentucky followed EPA guidance for 

limited maintenance areas, which 

applied to 1-hour ozone standard areas 

with design values lower than 85 

percent of the applicable standard (0.12 

parts per million (ppm)). On February 7, 

1995, EPA approved Kentucky’s request 

to redesignate the Owensboro Area (60 

FR 7124) to attainment for the 1-hour 

ozone standard. 

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). Daviess County 

and a portion of Hancock County (i.e., 

which make up the Owensboro Area) 

were designated as attainment for the 

1997 8-hour ozone standard, effective 

June 15, 2004. The Owensboro 

attainment area consequently was 

required to submit a 10-year 

maintenance plan under section 

110(a)(1) of the CAA and the Phase I 

Rule, 40 CFR 51.905(a)(3) and (4). On 

May 20, 2005, EPA issued guidance 

providing information on 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 

Document for Certain 8-hour Ozone 

Areas Under Section 110(a)(1) of Clean 

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 

Implementation Rule for the 1997 8- 

hour ozone standard. See South Coast 

Air Quality Management District. v. 

EPA, 472 F.3d 882 (D.C. Cir. 2006). The 

Court vacated those portions of the Rule 

that provided for regulation of the 1997 

8-hour ozone nonattainment areas 

designated under Subpart 1 in lieu of 

Subpart 2 (of part D of the CAA), among 

other portions. The Court’s decision did 

not alter any requirements under the 

Phase I Rule for section 110(a)(1) 

maintenance plans. EPA is proposing to 

find that Kentucky’s May 27, 2008, 

proposed SIP revision satisfies the 

section 110(a)(1) CAA requirements for 

a plan that provides for implementation, 

maintenance, and enforcement of the 

1997 8-hour ozone NAAQS in the 

Owensboro Area. On March 12, 2008, 

EPA issued a revised ozone standard. 

The current action, however, is being 

taken to address requirements under the 

1997 ozone standard. Requirements for 

the Owensboro Area under the 2008 

standard will be addressed in the future. 

II. Analysis of the Commonwealth’s 

Submittal 

On May 27, 2008, the Commonwealth 

of Kentucky submitted a SIP revision 

containing a 1997 8-hour ozone 

maintenance plan for the Owensboro 

Area as required by section 110(a)(1) of 

the CAA and the provisions of EPA’s 

Phase I Rule (see 40 CFR 51.905(a)(4)). 

The purpose of this maintenance plan is 

to ensure continued attainment and 

maintenance of the 1997 8-hour ozone 

NAAQS in the Owensboro Area until 

2020. 

As required, this plan provides for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS in the 

Owensboro Area for 10 years from the 

effective date of the Area’s designation 

as attainment for the 1997 8-hour ozone 

NAAQS, and includes contingency 

measures. A July 15, 2009, submittal 

from Kentucky updated the emissions 

projections for point sources for 2005 

and 2008 with actual data, and revised 

the point source projections for 2011, 

2014, 2017 and 2020 based on more 

recent data. Each of the section 110(a)(1) 

plan components for the Owensboro 

Area is discussed below. 

(a) Attainment Inventory. In order to 

demonstrate maintenance in the 

Owensboro Area, Kentucky developed 

comprehensive inventories of volatile 


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1These emissions estimates in this table were 

provided by Kentucky on July 15, 2009, through 

John Lyons, Director, Division of Air Quality, as an 

update to emissions estimates provided in the May 

25, 2007 submittal. 

2 Despite the legal status of CAIR as remanded, 

many facilities have already or are continuing with 

plans to install emission controls that may benefit 

Kentucky areas. 

organic compounds (VOC) and nitrogen 

oxide (NOX) emissions from area, 

stationary, and mobile sources using 

2002 as the base year. The year 2002 is 

an appropriate year for Kentucky to base 

attainment level emissions, because 

states may select any one of the three 

years on which the 1997 8-hour 

attainment designation was based (2001, 

2002, and 2003). The Commonwealth’s 

submittal contains the detailed 

inventory data and summaries by source 

category. Using the 2002 inventory (as a 

base year) reflects one of the years used 

for calculating the air quality design 

value on which the 1997 8-hour ozone 

designation for the Area was based. 

A further practical reason for selecting 

2002 as the base year emission 

inventory is that section 110(a)(2)(B) of 

the CAA and the Consolidated 

Emissions Reporting Rule (67 FR 39602, 

June 10, 2002) require states to submit 

emissions inventories for all criteria 

pollutants and their precursors every 

three years, on a schedule that includes 

the emissions year 2002. The due date 

for the 2002 emissions inventory is 

established in the Rule as June 2004. In 

accordance with these requirements, 

Kentucky compiles a statewide 

emissions inventory for point sources 

on an annual basis. On-road mobile 

emissions of VOC and NOX were 

estimated using MOBILE6.2 motor 

vehicle emissions factor computer 

model. Non-road mobile emissions data 

were derived using the U.S. EPA’s NonRoad Model. 

In projecting data for the attainment 

year 2020 inventory, Kentucky used 

several methods to project data from the 

base year 2002 to the years 2005, 2008, 

2011, 2014, 2017 and 2020. These actual 

and projected inventories were 

developed using EPA-approved 

technologies and methodologies. Point 

source and non-point source projections 

were derived from the Emissions 

Growth Analysis System version 4.0 

(EGAS 4.0). Non-road mobile 

projections were derived from EGAS 

4.0, as well as from the National Mobile 

Inventory Model. 

The following tables provide VOC and 

NOX emissions data for the 2002 base 

attainment year inventory; as well as 

actual VOC and NOX emission 

inventory data for 2005 and 2008, and 

projected VOC and NOX emission 

inventory data for 2011, 2014, 2017 and 

2020. 

TABLE 1. OWENSBORO AREA1—VOC AND NOX EMISSIONS INVENTORY

Emissions 2002 2005 2008 2011 2014 2017 2020 

Total VOC (tons per day) ........................ 18.97 14.54 14.42 14.09 13.85 13.79 13.81 

Total NOX (tons per day) ......................... 44.87 36.78 31.07 30.63 30.28 30.27 30.58 

As shown in Table 1 above, the 

Owensboro Area total VOC and NOX

emissions are projected to decrease from 

the base year of 2002 to the maintenance 

year of 2020, thus demonstrating 

continued attainment/maintenance of 

the 1997 8-hour ozone standard. Total 

VOC emissions are projected to steadily 

decrease from the base year of 2002 

through 2017, but are then projected to 

slightly increase by 0.02 tons per day 

(tpd) between the years 2017 and 2020. 

Additionally, total NOX emissions 

steadily decreased from the base year of 

2002 to 2017, but are then projected to 

slightly increase by 0.31 tpd. However, 

year 2020 emissions projected for both 

VOC and NOX are well under the 2002 

baseline year emission levels. Thus EPA 

proposes to find that Kentucky 

demonstrated that the 1997 8-hour 

ozone standard will continue to be 

maintained. 

As shown in the table above, 

Kentucky has demonstrated that the 

future year emissions will be less than 

the 2002 base attainment year’s 

emissions for the 1997 8-hour ozone 

NAAQS. The attainment inventory 

submitted by Kentucky for this Area is 

consistent with the criteria discussed in 

the Wegman Memorandum. EPA finds 

that the actual emissions levels in 2005, 

and 2008, along with the future 

emissions for 2011, 2014, 2017, and 

2020 are expected to be less than the 

emissions levels in 2002. See Table 2 for 

design value trends for this Area. 

In the event that a future 8-hour ozone 

monitoring reading in this Area is found 

to violate the 1997 8-hour ozone 

standard, the contingency plan section 

of the maintenance plan includes 

measures that at least one of which will 

be promptly implemented to ensure that 

this Area returns the maintenance of the 

1997 8-hour ozone standard. Please see 

section (d) Contingency Plan, below, for 

additional information related to the 

contingency measures. 

(b) Maintenance Demonstration. The 

primary purpose of a maintenance plan 

is to demonstrate how an area will 

continue to remain in compliance with 

the 1997 8-hour ozone standard for the 

10 year period following the effective 

date of designation as unclassifiable/ 

attainment. The end projection year for 

the maintenance plan for Owensboro 

Area was 2020. As discussed in section 

(a) Attainment Inventory above, 

Kentucky identified the level of ozoneforming emissions that were consistent 

with attainment of the NAAQS for 

ozone in 2002. For the original 

submittal, Kentucky projected VOC and 

NOX emissions for the years 2005, 2008, 

2011, 2014, 2017 and 2020 in the 

Owensboro Area. Subsequently, 

Kentucky provided updated projections 

for all the years. See Table 1. EPA 

proposes to find that the future 

emissions levels in those years are 

expected to be below the emissions 

levels in 2002. 

Kentucky’s SIP revision also relies on 

a combination of several air quality 

measures that will provide for 

additional 8-hour ozone emissions 

reductions in the Owensboro Area. 

These measures include the potential 

implementation of the following, among 

others: (1) Federal motor vehicle control 

program; (2) fleet turnover of 

automobiles; (3) low reid vapor pressure 

of gasoline; (4) tier 2 motor vehicle 

emissions and fuel standards; (5) heavyduty gasoline and diesel highway 

vehicles standard; (6) large nonroad 

diesel engines rule; (7) nonroad spark 

ignition engines and recreational 

engines standard; (8) point source 

emission reductions; (9) Air Products 

and Chemicals –21–157–00009, (10) 

reasonably available control measures, 

(11) maximum available control 

technology; (12) NOX SIP Call; (13) 

Clean Air Interstate Rule (CAIR) 2; (14) 

several control programs to reduce area 

source emissions from aerosol coatings, 

architectural and industrial 

maintenance coatings, and commercial/ 

consumer products; (15) non–highway 

mobile source reductions; and (16) 

emissions standards for small and large 

spark-ignition engines, locomotives and 

land based diesel engines. 


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3The air quality design value at a monitoring site 

is defined as that concentration that when reduced 

to the level of the standard ensures that the site 

meets the standard. For a concentration-based 

standard, the air quality design value is simply the 

standard-related test statistic. Thus, for the primary 

and secondary ozone standards, the 3-year average 

annual fourth-highest daily maximum 8-hour 

average ozone concentration is also the air quality 

design value for the site. 40 CFR Part 50, Appendix 

I, Section 3. 

There are no sources subject to CAIR 

or the NOX SIP Call in the Owensboro 

Area. Hence the recent remand of CAIR 

does not impact the maintenance 

inventories or maintenance 

demonstration in any way. Further, the 

Owensboro Area was in attainment 

prior to implementation of these rules. 

Hence any contribution to the reduction 

in the background ozone levels from 

these rules will be in addition to the 

projected decreases within the 

maintenance planning area. These rules 

are included in the discussion of the 

maintenance plan because, even though 

the submittal takes no credit for them, 

they are expected to reduce transported 

NOX and ozone from outside the 

nonattainment area, providing a further, 

unquantified improvement in the Area’s 

air quality. 

(c) Ambient Air Quality Monitoring. 

The table below shows monitoring and 

design values 3 for the Owensboro Area. 

The ambient ozone monitoring data was 

collected at sites that were selected with 

assistance from EPA and are considered 

to be representative of the area of 

highest concentration. 

There is a monitor in Hancock and 

Daviess Counties in the Owensboro 

Area. There was no design value 

exceeding the 1997 0.08 ppm standard 

and it is anticipated that the monitors 

will remain at current locations, unless 

otherwise allowed to be removed in 

consultation with EPA and in 

accordance with the 40 CFR part 58. 

See, Wegman Memorandum, pages 4 

and 5. 

TABLE 2—MONITORING AND DESIGN VALUES FOR 8–HOUR OZONE

[ppm] 

Year 

Owensboro area 

monitoring values 

Daviess County Hancock County Area design 

value 

2000–2002 ....................................................................................................................... 0.077 0.083 0.083 

2001–2003 ....................................................................................................................... 0.076 0.082 0.082 

2002–2004 ....................................................................................................................... 0.073 0.080 0.080 

2003–2005 ....................................................................................................................... 0.072 0.073 0.073 

2004–2006 ....................................................................................................................... 0.074 0.073 0.074 

2005–2007 ....................................................................................................................... 0.081 0.076 0.081 

2006–2008 ....................................................................................................................... 0.077 0.076 0.077 

Based on the Table above, each of the 

three-year average available design 

values demonstrates attainment of the 

1997 ozone NAAQS. The design value 

for the area is the higher of the design 

values at either of the monitors. Further, 

these design vales indicate that the 

Owensboro Area is expected to continue 

attainment of the 1997 ozone NAAQS. 

The attainment level for the 1997 8-hour 

ozone standard is 0.08 ppm, effectively 

0.084 ppm with the rounding 

convention. However, in the event that 

a design value at one of Owensboro 

Area monitoring sites exceeds the 1997 

8-hour ozone standard, the contingency 

plan included in the Kentucky’s 

maintenance plan submittal includes 

contingency measures which will be 

promptly implemented in accordance 

with section (d) Contingency Plan, 

below. 

(d) Contingency Plan. In accordance 

with 40 CFR 51.905(a)(4)(ii) and the 

Wegman Memorandum, the section 

110(a)(1) maintenance plan includes 

contingency provisions to promptly 

correct any violation of the 1997 8-hour 

ozone NAAQS that occurs. In this 

maintenance plan, if contingency 

measures are triggered by a violation of 

the 8-hour ozone NAAQS, Kentucky is 

committing to adopt one or more of the 

contingency measures listed below, 

within nine months following the 

trigger, and implement the measures 

within eighteen months following the 

trigger. The contingency measures 

include: (1) Implementation of a 

program to require additional emissions 

reductions on stationary sources; (2) 

requirement for Stage I Vapor Recovery; 

(3) requirement of Stage II Vapor 

Recovery; (4) open burning during 

summer ozone season; (5) restriction of 

certain roads or lanes to, or construction 

of such roads or lanes for use by, 

passenger buses or high-occupancy 

vehicles; (6) trip-reduction ordinances; 

(7) employer-based transportation 

management plans, including 

incentives; (8) programs to limit or 

restrict vehicle use in downtown areas, 

or other areas of emissions 

concentration, particularly during 

periods of peak use; and (9) programs 

for new construction and major 

reconstructions of paths or tracks for use 

by pedestrians or by non-motorized 

vehicles when economically feasible 

and in the public interest. 

The maintenance plan also includes 

two additional triggers (which would 

occur prior to a violation of the 1997 8- 

hour ozone NAAQS) for an evaluation 

of existing control measures to see if any 

further emission reduction measures 

should be implemented at that time. 

These triggers are an exceedance of the 

NAAQS in any portion of the 

maintenance area or a ten percent or 

greater increase in emissions of either 

VOC or NOX, based on the 2002 

emissions inventory and periodic 

emission inventory updates. If either of 

these triggers occurs, Kentucky commits 

to evaluating existing control measures 

to see if any further emission reduction 

measures should be implemented. 

EPA proposes to find that these 

contingency measures and schedules for 

implementation satisfy EPA’s guidance 

on the requirements of section 110(a)(1) 

of continued attainment. Continued 

attainment of the 1997 8-hour ozone 

NAAQS in the Owensboro Area will 

depend, in part, on the air quality 

measures discussed previously (see 

section II). In addition, Kentucky 

commits to verifying the 1997 8-hour 

ozone status in each maintenance plan 

through annual and periodic 

evaluations of the emissions 

inventories. In the annual evaluations, 

Kentucky will review VOC and NOX

emission data from stationary point 

sources. During the periodic evaluations 

(every three years), Kentucky will 

update the emissions inventory for all 


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emissions source categories, and 

compare the updated emissions 

inventory data with actual 2005 and 

2008, and projected 2011, 2014, 2017 

and 2020 attainment emissions 

inventories to verify continued 

attainment of the 1997 8-hour ozone 

standard. 

III. Proposed Action 

Pursuant to section 110(a)(1) of the 

CAA, EPA is proposing to approve the 

maintenance plan addressing the 1997 

8-hour ozone standard for the 

Owensboro Area, which was submitted 

by Kentucky on May 27, 2008, as 

updated in a July 15, 2009, submission, 

and which ensures continued 

attainment of the 1997 8-hour ozone 

NAAQS through the year 2020. EPA has 

evaluated the Commonwealth’s 

submittal and has determined that it 

meets the applicable requirements of the 

CAA and EPA regulations, and is 

consistent with EPA policy. 

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 proposed 

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 proposed 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); 

• 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 FR 43255, 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 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 state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: January 4, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–971 Filed 1–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 205, 207, 208, 209, 211, 

215, 216, 217, 219, 225, 228, 232, 237, 

246, 250, 252 

Defense Federal Acquisition 

Regulation Supplement: Inflation 

Adjustment of Acquisition-Related 

Thresholds (DFARS Case 2009–D003) 

AGENCY: Defense Acquisition 

Regulations System. Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement Section 807 of the Ronald W. 

Reagan National Defense Authorization 

Act for Fiscal Year 2005. Section 807 

provides for adjustment every 5 years of 

statutory acquisition-related thresholds, 

except for Davis-Bacon Act, Service 

Contract Act, and trade agreements 

thresholds. This case also reviews 

nonstatutory acquisition-related 

thresholds for adjustment in 2010. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 22, 2010, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2009–D003, 

using any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D003 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Ms. Amy Williams, 

OUSD(AT&L)DPAP(DARS), 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060. 

Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, (703) 602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This rule proposes to amend multiple 

DFARS parts to implement Section 807 

of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal 

Year 2005 (Pub. L. 108–375). Section 

807 provides for adjustment every 5 

years (in years evenly divisible by 5) of 

statutory acquisition-related thresholds, 

except for Davis-Bacon Act, Service 

Contract Act, and trade agreements 

thresholds. This case also reviews 

nonstatutory DFARS acquisition-related 

thresholds for adjustment in 2010. FAR 

case 2008–024 proposes comparable 

changes to acquisition-related 

thresholds in the FAR. 

This is the second review of DFARS 

acquisition-related thresholds. The last 

review was conducted under DFARS 

case 2004–D022. The final rule was 

published in the Federal Register on 

December 19, 2006 (71 FR 75891). 

B. Analysis 

1. What is an acquisition-related 

threshold? 

This case builds on the review of 

DFARS thresholds in 2005 and uses the 

same interpretation of the statutory 

definition of acquisition-related 

threshold. The statute defines an 


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