12562 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 

45CSR] 

Title/subject State effective 

date EPA approval date Additional explanation/citation at 40 CFR 52.2565 

* * * * * * * 

[45CSR] Series 6 Control of Air Pollution From Combustion of Refuse 

Section 45–6–1 ......... General ............ 6/1/08 3/25/09[Insert page number 

where the document begins].

Added subsection 1.1.a. 

Section 45–6–2 ......... Definitions ........ 6/1/08 3/25/09[Insert page number 

where the document begins].

Terms added: ‘‘Agency Administrator,’’ ‘‘CFR,’’ 

‘‘Prescribed Burning,’’ and ‘‘Secretary.’’ 

Terms removed: ‘‘Clean Lumber,’’ ‘‘Director,’’ 

‘‘Wood Waste,’’ and ‘‘Yard Waste.’’ 

Terms amended: ‘‘Incinerator,’’ ‘‘Incinerator Capacity,’’ ‘‘Opacity,’’ ‘‘Open Burning,’’ ‘‘Pathological Waste,’’ and ‘‘Refuse.’’ 

Section 45–6–3 ......... Open Burning 

Prohibited.

6/1/08 3/25/09[Insert page number 

where the document begins].

Added subsection 3.1.e. (3.1.e.1 through 

3.1.e.6). 

Revised subsections 3.1, 3.1.b, 3.1.c.3, and 

3.2.a. 

Section 45–6–4 ......... Emission Standards for Incinerators.6/1/08 3/25/09[Insert page number 

where the document begins].

Deleted subsections 4.8, and 4.8.a through 

4.8.d. 

Revised subsections 4.1, 4.2, 4.3, 4.5, 4.7 and 

4.8.e. 

Added subsections 4.9 and 4.10. 

Section 45–6–5 ......... Registration ...... 6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsection 5.1. 

Section 45–6–6 ......... Permits ............. 6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsections 6.1, 6.1.a.3, 6.1.a.4, 

6.1.b.3, 6.1.b.5, 6.1.b.6, and 6.1.b.7. 

Added subsection 6.2. 

Section 45–6–7 ......... Reports and 

Testing.

6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsections 7.1 and 7.2. 

Section 45–6–8 ......... Variances ......... 6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsections 8.1 and 8.2. 

Section 45–6–9 ......... Emergencies 

and Natural 

Disasters.

6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsection 9.1. 

Added subsections 9.1.c, 9.2, and 9.2.a through 

9.2.c. 

Section 45–6–10 ....... Exemptions ...... 6/1/08 3/25/09[Insert page number 

where the document begins].

New Section. 

Section 45–6–11 ....... Effect of the 

Rule.

6/1/08 3/25/09[Insert page number 

where the document begins].

Recodified—formerly section 45–6–10. 

Section 45–6–12 ....... Inconsistency 

Between 

Rules.

6/1/08 3/25/09[Insert page number 

where the document begins].

Recodified—formerly section 45–6–11. 

Revised subsection 12.1. 

* * * * * * * 

[FR Doc. E9–6615 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0796 ; A–1–FRL– 

8785–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Carbon Monoxide Limited 

Maintenance Plan for Providence, RI 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island. 

This revision establishes a limited 

maintenance plan for the Providence 

Rhode Island carbon monoxide 

attainment area and addresses the 

remaining portion of the ten-year update 

to the carbon monoxide maintenance 

plan. This action is being taken in 

accordance with the Clean Air Act. 

DATES: This direct final rule will be 

effective May 26, 2009, unless EPA 

receives adverse comments by April 24, 

2009. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2008–0796 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2008–0796’’, 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (mail code CAQ), Boston, 

MA 02114–2023. 


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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12563 

4. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. 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 legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2008– 

0796. 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. 

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 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact 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 legal holidays. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency; Office of Air Resources, 

Department of Environmental 

Management, 235 Promenade Street, 

Providence, RI 02908–5767. 

FOR FURTHER INFORMATION CONTACT: 

Donald O. Cooke, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, One Congress Street, Suite 1100 

(CAQ), Boston, MA 02114–2023, 

telephone number (617) 918–1668, fax 

number (617) 918–0668, e-mail 

cooke.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Criteria for Limited Maintenance Plan 

Designation 

A. EPA Guidance 

B. Demonstration of Maintenance 

C. Emission Inventory 

D. Monitoring Network and Verification of 

Continued Attainment 

III. Contingency 

IV. State Commitments 

V. Conformity 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. Background and Purpose 

In 1989, Rhode Island submitted a 

request to EPA to redesignate 

Providence to attainment status for 

carbon monoxide (CO). Since the EPA 

had not yet approved that request when 

the Clean Air Act Amendments of 1990 

(CAAA) were enacted, Rhode Island 

submitted a revised redesignation 

request to EPA in 1991 that addressed 

additional requirements in the CAAA. 

The initial ten-year maintenance plan 

relied on emissions reductions from the 

Federal Motor Vehicle Emission Control 

Program (FMVECP) and from the 

Prevention of Significant Deterioration 

(PSD) program, which replaced the New 

Source Review (NSR) program when the 

redesignation became effective. The 

maintenance plan also stated that, if the 

carbon monoxide National Ambient Air 

Quality Standard (NAAQS) was violated 

in the ten year period covered by the 

plan, the State would submit a plan to 

correct the violation within 18 months 

of the violation. On September 5, 1991, 

the EPA published a Final Rule in the 

Federal Register that redesignated 

Providence to attainment status for CO 

(56 FR 43872). 

Section 175A of the CAAA requires 

redesignated areas to submit a second 

ten-year maintenance plan to the EPA 

eight years after the first plan is 

approved. The second plan must 

demonstrate that compliance with the 

NAAQS will continue during the ten 

year period following the expiration of 

the first maintenance plan. In the case 

of Rhode Island, the second ten-year 

maintenance plan was scheduled to be 

submitted in 1999 and would cover the 

years 2001 through 2011. Rhode Island 

did not submit a second ten-year 

maintenance plan at that time; however 

the emissions control programs 

established in the first ten-year 

maintenance plan continued to be in 

effect. Monitored levels of carbon 

monoxide in the Providence attainment 

area continued to be well below the 8- 

hour NAAQS standard of 9.0 parts per 

million (ppm), and have stayed on a 

downward trend. The 1-hour CO 

NAAQS of 32 parts per million was 

never exceeded in the State of Rhode 

Island. 

In June 2007, Rhode Island 

Department of Environmental 

Management (RI DEM) requested 

permission to discontinue monitoring 

for CO at the Dorrance Street site in 

Providence. This request was prompted 

by amendments to EPA’s monitoring 

requirements (Final Rule: Revisions to 

Ambient Air Monitoring Regulations; 

October 17, 2006; 71 FR 61236), which 

removed minimum requirements for CO 

monitoring for determining compliance 

with NAAQS. The amended EPA 

regulation continued to require the 

operation of CO monitors at Type II 

stations in the Photochemical 

Assessment Monitoring Sites (PAMS) 

network. Rhode Island has operated a 

year round CO monitor at its Type II 

PAMS site in East Providence since 

1998. 

In its request to remove the Dorrance 

Street CO monitor, RI DEM stated that 

the monitor no longer served a useful 

purpose because the CO NAAQS had 

not been exceeded for 20 years and was 

extremely unlikely to be exceeded in the 

future, since monitored levels were 

considerably below the NAAQS and 

continued to trend downward and the 

emissions control programs that had 

resulted in this decrease remained in 


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12564 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

1Memorandum ‘‘Limited Maintenance Plan 

Option for Nonclassifiable Ozone Nonattainment 

Areas’’ from Sally L. Shaver, Director, EPA Air 

Quality Strategies and Standards Division, to 

Regional Air Directors, November 16, 1994. 

2Memorandum ‘‘Limited Maintenance Plan 

Option for Nonclassifiable CO Nonattainment 

Areas’’ from Joseph W. Paisie, Group Leader, EPA 

Integrated Policy and Strategies Group, to Air 

Branch Chiefs, October 6, 1995. 

place. Moreover, this site was no longer 

useful for predicting the State’s daily 

Air Quality Index (AQI), which serves to 

warn the public about impending poor 

air quality, because all CO 

measurements recorded since 2001 had 

been in the ‘‘good’’ category of the AQI. 

In an October 24, 2007 letter from 

Michael Kenyon, Director of the Office 

of Environmental Measurement and 

Evaluation, EPA Region I approved the 

termination of the Dorrance Street site 

‘‘subject to the revision of the 

Providence carbon monoxide 

maintenance plan being approved by 

EPA.’’ At issue was the fact that the 

original maintenance plan relied on the 

levels measured by the Dorrance Street 

monitor to track continued attainment 

of the CO NAAQS. EPA advised that, if 

CO monitoring at that site were 

discontinued, Rhode Island would need 

to revise its CO maintenance plan to 

provide another mechanism to track 

continued attainment until the end of 

the second ten-year maintenance period 

(September 2011) and to identify levels 

that would trigger the need for 

additional action. RI DEM agreed to 

revise its plan and discontinued CO 

monitoring at the Dorrance Street site at 

the end of June 2007. 

On September 22, 2008, the State of 

Rhode Island submitted a formal 

revision to its State Implementation 

Plan (SIP) for a Limited Maintenance 

Plan for the Providence Rhode Island 

Carbon Monoxide Maintenance Area. 

The SIP revision consists of a second 

follow-on ten-year carbon monoxide 

maintenance plan for the Providence 

carbon monoxide attainment area to 

address the remainder of the 

maintenance plan period (period 2001 

to 2011), and a request for a limited 

carbon monoxide maintenance plan 

designation. The SIP revision also 

includes the State’s commitment to year 

round carbon monoxide monitoring at 

the East Providence Photochemical 

Assessment Monitoring Station (PAMS) 

site. 

II. Criteria for Limited Maintenance 

Plan Designation 

A. EPA Guidance 

In November 1994, EPA issued 

guidance regarding a limited 

maintenance plan option for 

nonclassifiable ozone nonattainment 

areas.1 In October 1995, EPA issued 

further guidance that extended that 

option to nonclassifiable carbon 

monoxide nonattainment areas.2 To 

qualify for the limited maintenance 

option, an area’s 8-hour average CO 

design value at the time of redesignation 

must be at or below 7.65 ppm (85% of 

the NAAQS). 

Unlike full maintenance plans, 

limited maintenance plans are not 

required to include a projection of 

emissions over the maintenance period, 

because, according to EPA’s 1995 

guidance, ‘‘the continued applicability 

of prevention of significant deterioration 

(PSD) requirements, any control 

measures already in the SIP, and 

Federal measures (such as the Federal 

Motor Vehicle Emission Control 

Program) should provide adequate 

assurance of maintenance for those 

areas.’’ 

Moreover, the establishment of 

emissions budgets for conformity 

purposes is not required as part of 

limited maintenance plans. According 

to the 1995 guidance, ‘‘it is 

unreasonable to expect that such an area 

will experience so much growth * * * 

that a violation of the CO NAAQS 

would result.’’ Therefore, budgets for 

transportation and general conformity 

determinations are not required for 

areas with approved limited 

maintenance plans. 

B. Demonstration of Maintenance 

For areas such as Providence Rhode 

Island that utilize EPA’s limited 

maintenance plan approach, the 

maintenance demonstration is 

considered to be satisfied for ‘‘not 

classified’’ areas if the monitoring data 

show the design value is at or below 

7.65 ppm, or 85 percent of the level of 

the 8-hour carbon monoxide CO 

NAAQS. The design value must be 

based on the 8 consecutive quarters of 

data. For such areas, there is no 

requirement to project emissions of air 

quality over the maintenance period. 

EPA believes if the area begins the 

maintenance period at, or below, 85% of 

the CO 8 hour NAAQS, the applicability 

of Prevention of Significant 

Deterioration (PSD) requirements, the 

control measures already in the SIP, and 

Federal measures, should provide 

adequate assurance of maintenance over 

the initial 10-year maintenance period. 

In addition, the design value for the area 

must continue to be at or below 7.65 

ppm until the time of final EPA action 

on the redesignation. At the time of 

redesignation, in 1991, Providence’s 8- 

hour CO design value was 7.4 ppm, and 

had been below 7.65 since 1989. The 

design value has continued to decline as 

shown in Table 1. The design value for 

2006, the last full year that the 

Providence monitor operated, was 2.5 

ppm (as compared to the NAAQS of 9.0 

ppm). Therefore, Providence 

demonstrates maintenance and is 

clearly eligible for the limited 

maintenance plan option. 

TABLE 1—8-HOUR CARBON MONOXIDE

DESIGN VALUES FOR PROVIDENCE

RHODE ISLAND

[8-Hour carbon monoxide design values for 

Providence Rhode Island] 

Year Design value 

(ppm) 

1991 ...................................... 7.4 

1998 ...................................... 4.7 

1999 ...................................... 3.9 

2000 ...................................... 3.5 

2001 ...................................... 3.8 

2002 ...................................... 2.7 

2003 ...................................... 2.3 

2004 ...................................... 2.5 

2005 ...................................... 2.5 

2006 ...................................... 2.5 

2007 ...................................... 2.5 

C. Emission Inventory 

An annual carbon monoxide emission 

inventory was prepared for both Rhode 

Island Statewide and Providence 

County for the year 2002, a year in 

which attainment was monitored in the 

Providence Rhode Island carbon 

monoxide attainment area, and the 8- 

hour carbon monoxide design value was 

2.7 parts per million. Please see Table 

2. below: 


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TABLE 2—STATEWIDE AND PROVIDENCE COUNTY RHODE ISLAND 2002 ANNUAL CARBON MONOXIDE EMISSIONS

[2002 carbon monoxide annual emissions (tons per year)] 

Source 

Rhode Island 

statewide carbon 

monoxide 

emissions 

Providence county 

carbon monoxide 

emissions 

Stationary point ............................................................................................................................................ 1,742 1,663 

Stationary nonpoint ...................................................................................................................................... 10,535 4,875 

Non-road mobile .......................................................................................................................................... 68,804 30,501 

On-road mobile ............................................................................................................................................ 188,312 109,794 

Total Anthropogenic (man-made) ......................................................................................................... 269,393 146,833 

Biogenic ....................................................................................................................................................... 1,925 554 

Total ............................................................................................................................................... 271,318 147,387 

D. Monitoring Network and Verification 

of Continued Attainment 

In the limited maintenance plan, 

Rhode Island Department of 

Environmental Management commits to 

maintain a continuous CO monitor at 

the East Providence PAMS site and reestablish a CO monitoring site meeting 

EPA specifications in downtown 

Providence should (1) the East 

Providence 8-hour CO design value 

increase to five parts per million; or (2) 

total calendar year CO emissions in 

Providence County from all 

anthropogenic sources exceed 190,883 

tons per year (a value 30% higher than 

the total anthropogenic emissions in the 

2002 inventory); or (3) average motor 

vehicle CO emissions measured by the 

remote sensing program in any year 

between 2008 and 2011 exceed 0.39%, 

which is three times the 2006 value. 

III. Contingency 

EPA concurs with RI DEM that 

specific contingency measures are not 

needed at the present, since current CO 

levels are so far below the NAAQS and 

emissions from mobile sources, the 

dominant source of CO in the State and 

in Providence County, are decreasing as 

the percentage of vehicles subject to 

tighter Federal Motor Vehicle Emission 

Control Program (FMVECP) standards 

increase in the State. However, if 

monitoring for CO in downtown 

Providence is triggered, based on the 

criteria specified below, in ‘‘State 

Commitments,’’ RI DEM will develop 

contingency measures that will go into 

effect if a violation of the NAAQS 

occurs without further action by the 

State. 

IV. State Commitments 

EPA’s guidance for limited 

maintenance plans also requires states 

to include several commitments as part 

of the SIP revision. To fulfill those 

requirements, Rhode Island’s September 

22, 2008 SIP submittal includes the 

following commitments: 

• RI DEM will maintain a continuous 

CO monitor at the East Providence 

PAMS site to verify continued 

compliance with the CO NAAQS in the 

CO maintenance area; 

• Should the East Providence 8-hour 

CO design value increase to five parts 

per million, RI DEM will re-establish a 

CO Monitoring site meeting EPA 

specifications in downtown Providence 

within six months; 

• Should total calendar year CO 

emissions in Providence County from 

all anthropogenic sources exceed 

190,883 tons per year (a value 30% 

higher than the total anthropogenic 

emissions in the 2002 inventory) RI 

DEM will re-establish a CO Monitoring 

site meeting EPA specifications in 

downtown Providence within six 

months; 

• Should average motor vehicle CO 

emissions measured by the remote 

sensing program in any year between 

2008 and 2011 exceed 0.39%, which is 

three times the 2006 value, RI DEM will 

re-establish a CO Monitoring site 

meeting EPA specifications in 

downtown Providence within six 

months; 

• Should the design value in the 

Providence maintenance area exceed 

7.65 ppm, RI DEM will coordinate with 

EPA to: Verify the validity of the data; 

evaluate whether the data should be 

excluded based on an ‘‘exceptional 

event’’; and, if warranted based on the 

data review, develop a full maintenance 

plan for the affected maintenance areas; 

and, 

• RI DEM will continue to ensure that 

project-level CO evaluations of 

transportation projects (i.e., project-level 

conformity, as described in 40 CFR 

93.116) in the Providence CO 

attainment area are conducted through 

the end of the second ten-year 

maintenance period. 

V. Conformity 

Section 176(c) of the Clean Air Act 

(CAA) defines transportation conformity 

as conformity to the state 

implementation plan’s purpose of 

eliminating or reducing the severity and 

number of violations of the NAAQS and 

achieving expeditious attainment of 

such standards. The CAA further 

defines transportation conformity to 

mean that no Federal transportation 

activity will: (1) Cause or contribute to 

any new violation of any standard in 

any area; (2) increase the frequency or 

severity of any existing violation of any 

standard in any area; or (3) delay timely 

attainment of any standard or any 

required interim emission reductions or 

other milestones in any area. The 

Federal Transportation Conformity 

Rule, 40 CFR part 93, subpart A, sets 

forth the criteria and procedures for 

demonstrating and assuring conformity 

of transportation plans, programs and 

projects which are developed, funded or 

approved by the U.S. Department of 

Transportation, and by metropolitan 

planning organizations or other 

recipients of funds under title 23 U.S.C. 

or the Federal Transit Laws (49 U.S.C. 

53). The transportation conformity rule 

applies within all nonattainment and 

maintenance areas. As prescribed by the 

transportation conformity rule, once an 

area has an applicable state 

implementation plan with motor vehicle 

emissions budgets, the expected 

emissions from planned transportation 

activities must be consistent with 

(‘‘conform to’’) such established budgets 

for that area. 

In the case of the Providence Rhode 

Island CO limited maintenance plan 

area, however, the emissions budgets 

may be treated as essentially not 

constraining for the length of the second 

maintenance period as long as the area 

continues to meet the limited 

maintenance criteria, because there is 


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12566 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

no reason to expect that these areas will 

experience so much growth in that 

period that a violation of the CO 

NAAQS would result. In other words, 

emissions from on-road transportation 

sources need not be capped for the 

remainder of the maintenance period 

because it is unreasonable to believe 

that emissions from such sources would 

increase to a level that would threaten 

the air quality in this area for the 

duration of this maintenance period. 

Therefore, for the limited maintenance 

plan CO maintenance area, all Federal 

actions that require conformity 

determinations under the transportation 

conformity rule are considered to satisfy 

the regional emissions analysis and 

‘‘budget test’’ requirements in 40 CFR 

93.118 of the rule. 

Since limited maintenance plan areas 

are still maintenance areas, however, 

transportation conformity 

determinations are still required for 

transportation plans, programs and 

projects. Specifically, for such 

determinations, transportation plans, 

transportation improvement programs, 

and projects must still demonstrate that 

they are fiscally constrained (40 CFR 

part 108) and must meet the criteria for 

consultation and Transportation Control 

Measure (TCM) implementation in the 

conformity rule (40 CFR 93.112 and 40 

CFR 93.113, respectively). In addition, 

projects in limited maintenance areas 

will still be required to meet the criteria 

for CO hot spot analyses to satisfy 

‘‘project level’’ conformity 

determinations (40 CFR 93.116 and 40 

CFR 93.123) which must incorporate the 

latest planning assumptions and models 

that are available. All aspects of 

transportation conformity (with the 

exception of satisfying the emission 

budget test) will still be required. 

If the carbon monoxide attainment 

area monitors carbon monoxide 

concentrations at or above the limited 

maintenance eligibility criteria, or 7.65 

parts per million, then that maintenance 

area would no longer qualify for a 

limited maintenance plan and would 

revert to a full maintenance plan. In this 

event, the limited maintenance plan 

would remain applicable for conformity 

purposes only until the full 

maintenance plan is submitted and EPA 

has found its motor vehicle emissions 

budgets adequate for conformity 

purposes or EPA approves the full 

maintenance plan SIP revision. At that 

time regional emissions analyses would 

resume as a transportation conformity 

criteria. 

VI. Final Action 

EPA is approving Rhode Island’s 

September 22, 2008 State 

Implementation Plan (SIP) revision 

establishing a limited maintenance plan 

for the Providence Rhode Island carbon 

monoxide attainment area. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective May 26, 

2009 without further notice unless the 

Agency receives relevant adverse 

comments by April 24, 2009. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on May 26, 2009 and no further action 

will be taken on the proposed rule. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

VII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

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); 

• 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 Clean Air Act; 

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. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12567 

appropriate circuit by May 26, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 12, 2009. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

■ Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart OO—Rhode Island 

■ 2. Section 52.2089 is added to read as 

follows: 

§ 52.2089 Control strategy: carbon 

monoxide. 

(a) Approval—On September 22, 

2008, the Rhode Island Department of 

Environmental Management submitted a 

request to establish a limited 

maintenance plan for the Providence 

Rhode Island carbon monoxide 

attainment area for the remainder of the 

second ten-year maintenance plan. The 

State of Rhode Island has committed to 

year round carbon monoxide monitoring 

at the East Providence Photochemical 

Assessment Monitoring Station (PAMS) 

site; re-establishing downtown 

Providence CO monitoring if criteria 

specified in the Limited Maintenance 

Plan are triggered; and, ensuring that 

project-level carbon monoxide 

evaluations of transportation projects in 

the maintenance area are conducted. 

The limited maintenance plan satisfies 

all applicable requirements of section 

175A of the Clean Air Act. Approval of 

a limited maintenance plan is 

conditioned on maintaining levels of 

ambient carbon monoxide levels below 

the required limited maintenance plan 

8-hour carbon monoxide design value 

criterion of 7.65 parts per million. If the 

Limited Maintenance Plan criterion is 

no longer satisfied, Rhode Island must 

develop a full maintenance plan to meet 

Clean Air Act requirements. 

(b) [Reserved] 

[FR Doc. E9–6643 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186–200821(a); 

FRL–8781–5] 

Approval and Promulgation of Air 

Quality Implementation Plans: 

Kentucky; Approval Section 110(a)(1) 

Maintenance Plans for the 1997 8-Hour 

Ozone Standard for the HuntingtonAshland Area, Lexington Area and 

Edmonson County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the Kentucky State Implementation Plan 

(SIP) concerning the maintenance plans 

addressing the 1997 8-hour ozone 

standard for the following areas: the 

Kentucky portion of the Huntington— 

Ashland Area (a portion of Greenup 

County); Lexington Area (Fayette and 

Scott Counties); and Edmonson County. 

These maintenance plans were 

submitted to EPA on May 27, 2008, by 

the Commonwealth of Kentucky and 

ensure the continued attainment of the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS) through 

the year 2020. These plans meet the 

statutory and regulatory requirements, 

and are consistent with EPA’s guidance. 

EPA is approving the revisions pursuant 

to section 110 of the Clean Air Act 

(‘‘CAA’’ or ‘‘Act’’). 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 Huntington-Ashland, Lexington, and 

Edmonson County Areas under the 2008 

standard will be addressed in the future. 

DATES: This rule is effective on May 26, 

2009 without further notice, unless EPA 

receives adverse comment by April 24, 

2009. If EPA receives such comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–1186, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

2. E-mail: Jane Spann at 

spann.jane@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: Jane 

Spann, 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 

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 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov website 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 

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 


sroberts on PROD1PC70 with RULES