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 


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12568 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

1For the 1997 8-hour ozone standard Scott and 

Fayette Counties were previously in the Lexington 

1-hour maintenance area but were individually 

designated attainment for the 1997 8-hour ozone 

standard. 

2The 1-hour ozone nonattainment area for the 

Huntington-Ashland includes Boyd County and a 

portion of Greenup County in Kentucky. For the 

1997 8-hour ozone standard, Boyd County in the 

Huntington-Ashland area was designated 

nonattainment, whereas the portion of Greenup 

County that was designated nonattainment for the 

1-hour ozone standard was designated attainment 

for the 1997 8-hour ozone standard. 

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 

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 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: Jane 

Spann or 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. Jane 

Spann may be reached by phone at (404) 

562–9029 or by electronic mail address 

spann.jane@epa.gov. The telephone 

number for Zuri Farngalo is (404) 562– 

9152 and the electronic mail address is 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the Commonwealth’s 

Submittals 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In accordance with the CAA, the 

Huntington-Ashland Area 1, Lexington 

Area 2 and Edmonson County were 

designated as nonattainment for the 1- 

hour ozone NAAQS (effective January 6, 

1992, 56 FR 56694). 

On November 13, 1992, the 

Commonwealth of Kentucky submitted 

a request to redesignate the Lexington 

Area and Edmonson County to 

attainment for the 1-hour ozone 

standard. Subsequently, on November 

12, 1993, the Commonwealth of 

Kentucky submitted a request to 

redesignate the Huntington-Ashland 

Area to attainment for the 1-hour ozone 

standard. At the same time as the 

redesignation requests, Kentucky 

submitted the required ozone 

monitoring data and maintenance plans 

to ensure that the Areas would remain 

in attainment for the 1-hour ozone 

standard for a period of 10 years, 

consistent with the CAA 175A(a). The 

maintenance plans submitted by 

Kentucky followed EPA guidance for 

limited maintenance areas, which was 

provided for the 1-hour ozone standard 

areas that have design values less than 

85 percent of the applicable standard. In 

this case, the applicable standard was 

the 1-hour ozone standard of 0.12 parts 

per million (ppm). 

EPA approved Kentucky’s requests to 

redesignate the Huntington-Ashland 

Area (60 FR 33748), Lexington Area (60 

FR 47089) and Edmonson County (59 

FR 55053) to attainment for the 1-hour 

ozone standard. The maintenance plan 

for the Huntington-Ashland Area (a 

portion of Greenup County) was 

approved on June 29, 1995, with an 

effective date of June 29, 1995 (60 FR 

33748). The maintenance plan for the 

Lexington Area was approved on 

September 11, 1995, with an effective 

date of November 13, 1995 (60 FR 

47089). The 1-hour ozone maintenance 

plan for Edmonson County was 

approved on November 3, 1994, with an 

effective date of January 3, 1995 (59 FR 

55053). 

On April 30, 2004, EPA designated 

areas for the 1997 8-hour ozone NAAQS 

(69 FR 23858), and published the final 

Phase I Implementation Rule for the 

1997 8-hour ozone NAAQS (69 FR 

23951) (Phase I Rule). The HuntingtonAshland Area, Lexington Area, and 

Edmonson County were designated as 

attainment for the 1997 8-hour ozone 

standard, effective June 15, 2004. The 

attainment areas consequently were 

required to submit 10-year maintenance 

plans under section 110(a)(1) of the 

CAA and the Phase I Rule. 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 

does not alter any requirements under 

the Phase I Rule for maintenance plans. 

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 

Huntington-Ashland, Lexington, and 

Edmonson County Areas. 

II. Analysis of the State’s Submittals 

On May 27, 2008, the Commonwealth 

of Kentucky submitted SIP revisions 

containing 1997 8-hour ozone 

maintenance plans for the portion of 

Greenup County in the HuntingtonAshland Area, the Lexington Area, and 

Edmonson County 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 these 

maintenance plans are to ensure 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS in the 

Huntington-Ashland Area, Lexington 

Area, and Edmonson County until 2020. 

As required, these plans provide for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS in the 

area for 10 years from the effective date 

of the area’s designation as attainment 

for the 1997 8-hour ozone NAAQS, and 

include components illustrating how 

each area will continue attainment of 

the 1997 8-hour ozone NAAQS and 

provides contingency measures. Each of 


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the section 110(a)(1) plan components is 

discussed below for each area. 

a. Attainment Inventory. 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 to 

demonstrate maintenance of the 1997 8- 

hour ozone NAAQS for the HuntingtonAshland Area, Lexington Area and 

Edmonson County. 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 

submittals contain 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. 2002 

also is one of the years in the 2002–2004 

period used to establish baseline 

visibility levels for the regional haze 

program. 

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 MOBILE 6.2 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 

projected inventories were developed 

using EPA-approved technologies and 

methodologies. Point source and nonpoint source projections were derived 

from the Emissions Growth Analysis 

System version 4.0 (EGAS 4.0). Nonroad 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 

projected VOC and NOX emission 

inventory data for 2005, 2008, 2011, 

2014, 2017 and 2020. 

TABLE 1—PARTIAL GREENUP COUNTY PORTION OF HUNTINGTON-ASHLAND AREA VOC AND NOX EMISSIONS INVENTORY

Emissions 2002 2005 2008 2011 2014 2017 2020 

Total VOC (tons per day) ........................ 3.14 2.86 2.69 2.53 2.43 2.36 2.33 

Total NOX (tons per day) ......................... 2.42 2.18 1.95 1.72 1.47 1.29 1.19 

As shown in Table 1 above, the 

Kentucky portion of the HuntingtonAshland 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. 

TABLE 2—LEXINGTON AREA (SCOTT AND FAYETTE COUNTIES) 

[VOC and NOX Emissions Inventory] 

Emissions 2002 2005 2008 2011 2014 2017 2020 

Total VOC (tons per day) ........................ 50.89 47.87 48.23 47.89 48.12 48.93 50.13 

Total NOX (tons per day) ......................... 39.33 32.66 29.85 25.77 21.15 17.97 15.98 

As shown in Table 2 above, the 

Lexington Area is projected to decrease 

total NOX emissions from the base year 

of 2002 to the maintenance year of 2020. 

Total VOC emissions steadily decrease 

from the base year of 2002 through 

2008, but are then projected to increase 

by 1.2 tons per day between the years 

2017 to the maintenance year of 2020; 

however, year 2020 emissions are 

projected as less than the baseline year 

emission level. Thus, it is demonstrated 

that the 1997 8-hour ozone standard 

will continue to be attainment/ 

maintained. 

TABLE 3—EDMONSON COUNTY VOC AND NOX EMISSIONS INVENTORY

Emissions 2002 2005 2008 2011 2014 2017 2020 

Total VOC (tons per day) ........................ 2.72 2.86 2.89 2.80 2.63 2.40 2.24 

Total NOX (tons per day) ......................... 1.34 1.17 1.09 0.95 0.80 0.68 0.61 

As shown in Table 3 above, 

Edmonson County is projected to 

decrease total VOC and NOX emissions 

from the base year of 2002 to the 

maintenance year of 2020. VOC 

emissions increased slightly between 

the base year of 2002 and 2011; 

however, this small spike is not 

anticipated to affect maintenance. Total 

VOC’s are projected to decrease to levels 

below that of the base year by 2020, thus 

demonstrating continued maintenance 

of the 1997 8-hour ozone standard. 

As shown in the tables 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 inventories 

submitted by Kentucky for these areas 

are consistent with the criteria 

discussed in the Wegman 

Memorandum. EPA finds that the future 

emissions levels in 2005, 2008, 2011, 

2014, 2017, and 2020 are expected to be 

similar to or less than the emissions 

levels in 2002. In the event that a future 


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3 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. 

8-hour ozone monitoring reading in 

theses areas is found to violate the 1997 

8-hour ozone standard, the contingency 

plan section of the maintenance plans 

includes measures that will be promptly 

implemented to ensure that each of 

these areas 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 plans for the portion of 

Greenup County in the HuntingtonAshland Area, Lexington Area and 

Edmonson County 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. Kentucky 

projected VOC and NOX emissions for 

the years 2005, 2008, 2011, 2014, 2017 

and 2020 in the Huntington-Ashland 

Area, the Lexington Area and Edmonson 

County; and EPA finds that the future 

emissions levels in those years are 

expected to be similar or below the 

emissions levels in 2002. 

Kentucky’s SIP revisions also rely on 

a combination of several air quality 

measures that will provide for 

additional 8-hour ozone emissions 

reductions in the Huntington-Ashland 

Area, Lexington Area, and Edmonson 

County. These measures include the 

potential implementation of the 

following, among others: (1) Federal 

motor vehicle control program; (2) fleet 

turnover of automobiles; (3) federal 

reformulated gasoline; (4) tier 2 motor 

vehicle emissions and fuel standards; 

(5) heavy-duty 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) reasonably 

available control measures (RACM); (10) 

maximum available control technology 

(MACT); (11) NOX SIP Call; (12) Clean 

Air Interstate Rule (CAIR) 3, (13) several 

control programs to reduce area source 

emissions from aerosol coatings, 

architectural and industrial 

maintenance coatings, and commercial/ 

consumer products and (14) emissions 

standards for small and large sparkignition engines, locomotives and land 

based diesel engines. 

c. Ambient Air Quality Monitoring. 

The Table below shows design values 

for the Huntington-Ashland Area, 

Lexington Area and Edmonson County. 

The ambient ozone monitoring data was 

collected at sites that were selected with 

assistance from the EPA and are 

considered to be representative of the 

area of highest concentration. 

With regard to the monitors, there is 

a monitor in Greenup County. The 

Lexington area has two monitors in 

Fayette County (Ironworks and Newton) 

and one in Scott County; however, the 

Scott County monitor was discontinued 

in 2002. Edmonson County has one 

monitor. There were no design values 

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 the 

consultation with the EPA and in 

accordance with the 40 CFR part 58. 

TABLE 4—DESIGN VALUES FOR 8-HOUR OZONE (PPM) 

Year HuntingtonAshland Area 

Lexington Area 

Edmonson 

Fayette County 

County 

Scott 

County 

2000–2002 ............................................................................................................... 0.083 0.078 0.071 0.084 

2001–2003 ............................................................................................................... 0.083 0.076 0.069 0.080 

2002–2004 ............................................................................................................... 0.078 0.071 0.067 0.077 

2003–2005 ............................................................................................................... 0.076 0.069 * 0.073 

2004–2006 ............................................................................................................... 0.076 0.059 * 0.072 

2006–2007 ............................................................................................................... 0.078 0.067 * 0.076 

* Monitor discontinued in 2005. 

Based on the Table above, each of the 

available design values indentified is 

considered to be in attainment of the 

1997 ozone NAAQS and demonstrates 

that the Kentucky areas subject to this 

action are expected to continue 

attainment of the 1997 ozone NAAQS. 

In the event that a design value at one 

of the Kentucky area monitoring sites 

exceeds the 1997 ozone standard of 84 

parts per billion, the Contingency Plan 

included in the Kentucky’s maintenance 

plan submittal includes contingency 

measures which will be promptly 

implemented in section (d) Contingency 

Plan, below. 

d. Contingency Plan. The section 

110(a)(1) maintenance plans include 

contingency provisions to promptly 

correct any violation of the 1997 ozone 

NAAQS that occurs. The contingency 

indicator for the Huntington-Ashland 

Area, Lexington Area and Edmonson 

County, maintenance plans is based on 

updates to the emission inventories. The 

triggering mechanism for activation of 

contingency measures is a ten percent or 

greater increase in emissions of either 

VOC or NOX based on the 2002 

emissions inventory. In these 

maintenance plans, if contingency 

measures are triggered, Kentucky is 

committing to implement the measures 

as expeditiously as practicable, but no 

longer than nine months following the 

trigger. Some of the contingency 

measures include: (1) Implementation of 

a program to require additional 

emissions reductions on stationary 

sources; (2) requirement of 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) 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 nonmotorized vehicles when economically 

feasible and in the public interest. 


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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 

partial area of Greenup County in 

Huntington-Ashland Area, Lexington 

Area and Edmonson County 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 to the projected 2005, 

2008, 2011, 2014, 2017 and 2020 

attainment emissions inventories to 

verify continued attainment of the 8- 

hour ozone standard. 

III. Final Action 

Pursuant to section 110 of the Act, 

EPA is approving the maintenance plans 

addressing the 1997 8-hour ozone 

standard for a portion of Greenup 

County in the Huntington-Ashland 

Area, the Lexington Area, and 

Edmonson County, which were 

submitted by Kentucky on May 27, 

2008, and ensure continued attainment 

of the 1997 8-hour ozone NAAQS 

through the year 2020. EPA has 

evaluated the Commonwealth’s 

submittals and has determined that they 

meet the applicable requirements of the 

CAA and EPA regulations, and are 

consistent with EPA policy. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a non-controversial 

revision 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 adverse comment be filed. This 

rule will be effective on May 26, 2009 

without further notice unless the 

Agency receives adverse comment by 

April 24, 2009. If EPA receives such 

comments, then EPA will publish a 

document 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. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting must do so at this time. If 

no such comments are received, the 

public is advised this rule will be 

effective on May 26, 2009 and no further 

action will be taken on the proposed 

rule. 

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 action 

merely approves Kentucky 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 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. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the 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, Intergovernmental 

relations, Incorporation by reference, 

Ozone, Nitrogen Dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: February 25, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 


sroberts on PROD1PC70 with RULES
12572 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart S—Kentucky 

■ 2. Section 52.920(e), is amended by 

adding new entries at the end of the 

table for ‘‘Huntington-Ashland 8-Hour 

Ozone Section 110(a)(1) Maintenance 

Plan for the 1997 8-hour ozone 

standard’’, ‘‘Lexington Section 110(a)(1) 

Maintenance Plan for the 1997 8-hour 

ozone standard’’, and ‘‘Edmonson 

County Section 110(a)(1) Maintenance 

Plan for the 1997 8-hour ozone 

standard’’ to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA—APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*****

Huntington—Ashland Section 110(a)(1) Maintenance Plan for the 1997 8–Hour Ozone Standard.A portion of Greenup 

County.

5/27/2008 3/25/2008 

[Insert citation of publication].

Lexington Section 110(a)(1) Maintenance Plan for 

the 1997 8–Hour Ozone Standard.

Fayette and Scott Counties.5/27/2008 3/25/2008 

[Insert citation of publication].

Edmonson County Section 110(a)(1) Maintenance 

Plan for 1997 8–Hour Ozone Standard.

Edmonson County .......... 5/27/2008 3/25/2008 

[Insert citation of publication].

[FR Doc. E9–6601 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0093; FRL–8779–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Volatile Organic Compound 

Reasonably Available Control 

Technology for Reynolds Consumer 

Products Company 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia’s State 

Implementation Plan (SIP). This 

revision pertains to a State operating 

permit containing terms and conditions 

for the control of emissions of volatile 

organic compounds (VOCs) from 

Reynolds Consumer Products Company 

located in Richmond, Virginia. The 

submittal is for the purpose of meeting 

the requirements for reasonably 

available control technology (RACT) in 

order to implement the maintenance 

plan for the Richmond 8-hour ozone 

maintenance area. EPA is approving the 

revision to the Virginia SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on May 26, 

2009 without further notice, unless EPA 

receives adverse written comment by 

April 24, 2009. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0093 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0093, 

Cristina Fernandez, Chief, Air Quality 

Planning, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0093. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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 

during normal business hours at the Air 


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