[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12567-12572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6601]


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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 Huntington-Ashland Area, Lexington Area and 
Edmonson County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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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 <a href="/cdn-cgi/l/email-protection#99eae9f8f7f7b7f3f8f7fcd9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="0d7e7d6c636323676c63684d687d6c236a627b">[email protected]</span></a>.
    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

[[Page 12568]]

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 <a href="/cdn-cgi/l/email-protection#4f3c3f2e212161252e212a0f2a3f2e61282039"><span class="__cf_email__" data-cfemail="a5d6d5c4cbcb8bcfc4cbc0e5c0d5c48bc2cad3">[email protected]</span></a>. The telephone number for Zuri Farngalo is 
(404) 562-9152 and the electronic mail address is 
<a href="/cdn-cgi/l/email-protection#6a0c0b18040d0b060544101f18032a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="d0b6b1a2beb7b1bcbffeaaa5a2b990b5a0b1feb7bfa6">[email protected]</span></a>.

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).
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    \1\ For 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.
    \2\ The 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.
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    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 
Huntington-Ashland 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 Huntington-Ashland 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

[[Page 12569]]

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 
(NO<INF>X</INF>) 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 Huntington-Ashland 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 NO<INF>X</INF> 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 Non-Road 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 non-point source projections were 
derived from the Emissions Growth Analysis System version 4.0 (EGAS 
4.0). Non-road mobile projections were derived from EGAS 4.0, as well 
as from the National Mobile Inventory Model.
    The following tables provide VOC and NO<INF>X</INF> emissions data 
for the 2002 base attainment year inventory, as well as projected VOC 
and NO<INF>X</INF> 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
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                          Emissions                                2002         2005         2008         2011         2014         2017         2020
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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
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    As shown in Table 1 above, the Kentucky portion of the Huntington-
Ashland area is projected to decrease total VOC and NO<INF>X</INF> 
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]
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                          Emissions                                2002         2005         2008         2011         2014         2017         2020
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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
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    As shown in Table 2 above, the Lexington Area is projected to 
decrease total NO<INF>X</INF> 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
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                          Emissions                                2002         2005         2008         2011         2014         2017         2020
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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
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    As shown in Table 3 above, Edmonson County is projected to decrease 
total VOC and NO<INF>X</INF> 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

[[Page 12570]]

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 Huntington-Ashland 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 NO<INF>X</INF> 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) NO<INF>X</INF> 
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 
spark-ignition engines, locomotives and land based diesel engines.
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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.
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    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)
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                                                                             Lexington Area
                                                          Huntington-  --------------------------    Edmonson
                         Year                            Ashland Area     Fayette       Scott         County
                                                                           County       County
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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 
NO<INF>X</INF> 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) trip-reduction ordinances; (7) employer 
based transportation management plans, including incentives; (8) 
programs to limit or restrict vehicle use in downtown areas, or other 
areas of emissions concentration particularly during periods of peak 
use; and (9) programs for new construction and major reconstructions of 
paths or tracks for use by pedestrians or by non-motorized vehicles 
when economically feasible and in the public interest.

[[Page 12571]]

    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 
NO<INF>X</INF> 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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.

0
40 CFR part 52 is amended as follows:

[[Page 12572]]

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
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:


Sec.  52.920  Identification of plan.


* * * * *
    (e) * * *

                                EPA--Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
     Name of SIP provision          geographic or    submittal date/  EPA approval date        Explanations
                                 nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                    * * * * *
Huntington--Ashland Section      A portion of             5/27/2008  3/25/2008           .......................
 110(a)(1) Maintenance Plan for   Greenup County.                    [Insert citation
 the 1997 8-Hour Ozone Standard.                                      of publication].
Lexington Section 110(a)(1)      Fayette and Scott        5/27/2008  3/25/2008           .......................
 Maintenance Plan for the 1997    Counties.                          [Insert citation
 8-Hour Ozone Standard.                                               of publication].
Edmonson County Section          Edmonson County...       5/27/2008  3/25/2008           .......................
 110(a)(1) Maintenance Plan for                                      [Insert citation
 1997 8-Hour Ozone Standard.                                          of publication].
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-6601 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-P


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