Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules 97 

Treasury’s records with respect to a 

reclamation debt and requests to enter 

into repayment agreements must be sent 

in writing to: Department of the 

Treasury, Financial Management 

Service, Check Resolution Division, 

Reclamation Branch, Room 700D, P.O. 

Box 1849, Hyattsville, MD 20788, or to 

such other address as Treasury may 

publish in the Treasury Financial 

Manual, which can be found at http:// 

www.fms.treas.gov. 

(3) If the Federal Reserve Bank is 

unable to debit the financial 

institution’s reserve account, FMS will 

assess interest, penalties, and 

administrative costs in accordance with 

§ 240.8. Additionally, Treasury will 

proceed to collect the reclamation debt 

through offset in accordance with 

§ 240.10 and Treasury Check Offset in 

accordance with § 240.11. 

(4) If Treasury determines that a 

reclamation has been made in error, 

Treasury will abandon the reclamation. 

If Treasury already has collected the 

amount of the reclamation from the 

reclamation debtor, Treasury will 

promptly refund to the reclamation 

debtor the amount of its payment. 

(b) * * * 

(4) * * * 

(iii) If the Director, Check Resolution 

Division, or an authorized designee, 

finds, by a preponderance of the 

evidence, that the reclamation debtor is 

liable for the reclamation debt, Treasury 

will notify the reclamation debtor, in 

writing, of his or her decision. If the 

reclamation debtor has not paid the 

reclamation in full, Treasury will direct 

the Federal Reserve Bank to debit the 

financial institution’s reserve account 

immediately, provided that at least 30 

calendar days have passed from the date 

of the Notice of Direct Debit. If at least 

30 calendar days have not yet passed 

from the date of the Notice of Direct 

Debit, Treasury will direct the Federal 

Reserve Bank to debit the financial 

institution’s reserve account on the 30th 

calendar day from the date of the Notice 

of Direct Debit. The Federal Reserve 

Bank will provide advice of the debit to 

the reclamation debtor. If the 

appropriate Federal Reserve Bank is 

unable to debit a reclamation debtor’s 

reserve account, Treasury will proceed 

to collect the reclamation debt through 

offset in accordance with § 240.10 and 

§ 240.11. 

* * * * * 

Dated: December 23, 2009. 

Richard L. Gregg, 

Acting Fiscal Assistant Secretary. 

[FR Doc. E9–31166 Filed 12–31–09; 8:45 am] 

BILLING CODE 4810–35–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186; FRL–9099–8] 

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 Paducah 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 

Paducah 8-hour ozone 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 standard 

(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. 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 Paducah 

Area under the 2008 standard will be 

addressed in the future. 

DATES: Comments must be received on 

or before February 3, 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 

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:// 


pwalker on DSK8KYBLC1PROD with PROPOSALS
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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 

Paducah Area, consisting of Marshall 

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 1-hour ozone NAAQS. 

On November 13, 1992, the 

Commonwealth of Kentucky submitted 

a request to redesignate the Paducah 

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 Paducah Area would 

remain in attainment for the 1-hour 

ozone standard 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 1-hour ozone standard 

areas with design values less 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 Paducah 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). Marshall County 

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

which make up the Paducah Area) were 

designated attainment for the 1997 8- 

hour ozone standard, effective June 15, 

2004. The Paducah 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 (DC 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 Paducah 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 Paducah 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 the 1997 8-hour ozone 

maintenance plan for the Paducah 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 Paducah Area until 2020. 

As required, this plan provides for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS in the 

Paducah 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 is discussed below for 

the Paducah Area. 

(a) Attainment Inventory. In order to 

demonstrate maintenance in the 

Paducah Area, Kentucky developed 

comprehensive inventories of volatile 

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 

values on which the 1997 8-hour ozone 

designation decisions were 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 


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1The 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. 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. 

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—PADUCAH AREA

[VOC and NOX Emissions Inventory] 1

Emissions 2002 2005 2008 2011 2014 2017 2020 

Total VOC (tons per day) ................................................................................ 77.46 66.77 21.95 21.87 21.73 21.59 21.64 

Total NOX (tons per day) ................................................................................. 8.40 7.52 7.10 6.62 6.05 5.69 5.52 

As shown in Table 1 above, the 

Paducah Area is projected to decrease 

total VOC and NOX emissions 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 0.05 tons per day 

between the years 2017 and 2020. 

However, year 2020 emissions projected 

for both VOC and NOx are well under 

the 2002 baseline year emissions levels. 

Thus 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 requires that at 

least one of the listed measures will be 

promptly implemented to ensure that 

this Area returns to 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 Paducah Area 

was 2020. As discussed in section (a) 

Attainment Inventory above, Kentucky 

identified the level of ozone-forming 

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 

Paducah Area. Subsequently, Kentucky 

provided updated projections for all 

years. EPA finds 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 Paducah 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. 

There are no sources subject to CAIR 

or the NOX SIP Call in the Paducah 

Area. Hence the recent remand of CAIR 

does not impact the maintenance 

inventories or maintenance 

demonstration in any way. Further, the 

Paducah 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 design values 3

for the Paducah 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 one monitor in Livingston 

County in the Paducah Area. Marshall 

County does not have a monitor. For the 

Livingston County monitor, no design 

values exceeding the 1997 0.08 ppm 

standard occurred in recent years and it 

is anticipated that the monitor will 

remain at the current location, unless 

otherwise allowed to be removed in 

consultation with EPA and in 

accordance with the 40 CFR part 58. 


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See, Wegman Memorandum, pages 4 

and 5. 

TABLE 2—DESIGN VALUES FOR 8- 

HOUR OZONE (PPM) 

Year 

Paducah area 

Livingston 

County 

2000–2002 ............................ 0.084 

2001–2003 ............................ 0.084 

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

2003–2005 ............................ 0.075 

2004–2006 ............................ 0.072 

2005–2007 ............................ 0.074 

2006–2008 ............................ 0.071 

Based on the Table above, each of the 

three-year average available design 

values demonstrates attainment of the 

1997 ozone NAAQS. Further, these 

design values indicate that the Paducah 

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 Livingston County 

monitoring site exceeds the 1997 ozone 

standard, the contingency plan included 

in the Kentucky’s maintenance plan 

submittal includes contingency 

measures which will be promptly 

implemented in accordance with the 

contingency plan, discussed 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 a violation of the 1997 ozone 

NAAQS that may occur. In this 

maintenance plan, if contingency 

measures are triggered by a violation of 

the 1997 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) further restrictions on 

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) tripreduction ordinances; (7) employerbased transportation management plans, 

including incentives; (8) programs to 

limit or restrict vehicle use in 

downtown areas, or other areas of 

emission 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 nonmotorized 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 Paducah 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 

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 Paducah 

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 


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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: December 22, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–31170 Filed 12–31–09; 8:45 am] 

BILLING CODE 6560–50–P 


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