55550 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

[FR Doc. 05–18957 Filed 9–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R04–OAR–2005–KY–0001–200521(a); FRL–

7972–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Kentucky; Redesignation of 

the Christian County, Kentucky Portion 

of the Clarksville-Hopkinsville 8-Hour 

Ozone Nonattainment Area to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On March 21, 2005, the 

Commonwealth of Kentucky, through 

the Kentucky Division For Air Quality 

(KDAQ), submitted a request for parallel 

processing and on May 20, 2005, 

submitted a final request: To redesignate 

the Christian County, Kentucky portion 

of the Clarksville-Hopkinsville 8-hour 

ozone nonattainment area to attainment 

for the 8-hour ozone National Ambient 

Air Quality Standard (NAAQS); and for 

EPA approval of a Kentucky State 

Implementation Plan (SIP) revision 

containing a 12-year maintenance plan 

for Christian County, Kentucky. The 

interstate Clarksville-Hopkinsville 8- 

hour ozone nonattainment area is 

comprised of two counties (i.e., 

Christian County, Kentucky and 

Montgomery County, Tennessee). EPA 

is approving the 8-hour ozone 

redesignation request for the Christian 

County, Kentucky portion of the 

Clarksville-Hopkinsville 8-hour ozone 

nonattainment area. Additionally, EPA 

is approving the 8-hour ozone 

maintenance plan for Christian County, 

Kentucky. This approval is based on 

EPA’s determination that the 

Commonwealth of Kentucky has 

demonstrated that Christian County, 

Kentucky has met the criteria for 

redesignation to attainment specified in 

the Clean Air Act (CAA), including the 

determination that the entire 

Clarksville-Hopkinsville 8-hour ozone 

nonattainment area has attained the 8- 

hour ozone standard. On June 29, 2005, 

the State of Tennessee submitted a 

redesignation request and maintenance 

plan for the Montgomery, Tennessee 

portion of this area for EPA parallel 

processing. In this action, EPA is also 

providing information on the status of 

its transportation conformity adequacy 

determination for the new motor vehicle 

emissions budgets (MVEBs) for the years 

2004 and 2016 that are contained in the 

12-year 8-hour ozone maintenance plan 

for Christian County, Kentucky. EPA is 

approving such MVEBs. 

DATES: This rule is effective on 

November 21, 2005, without further 

notice, unless EPA receives adverse 

written comments by October 24, 2005. 

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 Regional Material in 

EDocket (RME) ID No. R04–OAR–2005–

KY–0001, by one of the following 

methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/ RME. EPA’s 

electronic public docket and comment 

system is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: difrank.stacy@epa.gov. 

4. Fax: 404.562.9019. 

5. Mail: ‘‘R04–OAR–2005–KY–0001,’’

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. 

6. Hand Delivery or Courier. Deliver 

your comments to: Stacy DiFrank, 

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 

RME ID No. R04–OAR–2005–KY–0001. 

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:// 

docket.epa.gov/rmepub/, 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 RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 RME or 

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 RME 

index at http://docket.epa.gov/rmepub/. 

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 RME 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. 

FOR FURTHER INFORMATION CONTACT: 

Stacy DiFrank, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9042. 

Ms. Stacy DiFrank can also be reached 

via electronic mail at 

difrank.stacy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What are the Actions is EPA Taking? 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55551 

II. What is the Background for the Actions? 

III. What are the Criteria for Redesignation? 

IV. Why is EPA Taking These Actions? 

V. What is the Effect of EPA’s Actions? 

VI. What is EPA’s Analysis of the Request? 

VII. What is An Adequacy Determination 

and What is the Status of EPA’s Adequacy 

Determination for the Christian County 

portion of the Clarksville-Hopkinsville, TN–

KY Maintenance Area’s New MVEB for the 

Years 2004 and 2016? 

VIII. Actions on the Redesignation Request 

and Maintenance Plan SIP Revision 

Including Approval of the 2004 and 2016 

MVEBs. 

IX. Statutory and Executive Order Reviews 

I. What Are the Actions is EPA Taking? 

Through this rulemaking, EPA is 

taking several related actions. EPA is 

making the determination that the 

Clarksville-Hopkinsville 8-hour ozone 

nonattainment area has attained the 8- 

hour ozone standard, and the Christian 

County, Kentucky portion has met the 

requirements for redesignation under 

section 107(d)(3)(E) of the CAA. The 

Christian County portion of the 

Clarksville-Hopkinsville area is a basic 

8-hour nonattainment ozone area. 

Christian County is located in the 

Clarksville-Hopkinsville, TennesseeKentucky Metropolitan Statistical Area, 

which contains Christian County, 

Kentucky and Montgomery County, 

Tennessee. EPA is approving a request 

to change the legal designation of 

Christian County, Kentucky from 

nonattainment to attainment for the 8- 

hour ozone NAAQS. 

EPA is also approving Kentucky’s 8- 

hour ozone maintenance plan for 

Christian County (such approval being 

one of the CAA criteria for redesignation 

to attainment status). The maintenance 

plan is designed to help keep the 

Clarksville-Hopkinsville area (of which 

Christian County is a part) in attainment 

for the 8-hour ozone NAAQS for the 

next 12 years. 

Additionally, through this 

rulemaking, EPA is announcing its 

action on the Adequacy Process for the 

newly-established 2004 and 2016 

MVEBs for Christian County, Kentucky. 

The Adequacy comment period for the 

2004 and 2016 MVEBs began on March 

29, 2005, with EPA’s posting of the 

availability of this submittal on EPA’s 

Adequacy Web site (at http:// 

www.epa.gov/otaq/transp/conform/ 

adequacy.htm). The Adequacy comment 

period for these MVEBs closed on April 

28, 2005. No requests or adverse 

comments on this submittal were 

received during EPA’s Adequacy 

comment period. Please see section VII 

of this rulemaking for further 

explanation of this process. 

II. What Is the Background for the 

Action? 

Ground-level ozone is not emitted 

directly by sources. Rather, emissions of 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs) react in the 

presence of sunlight to form groundlevel ozone. NOX and VOC are referred 

to as precursors of ozone. The CAA 

establishes a process for air quality 

management through the NAAQS. 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone standard of 0.08 

parts per million (ppm). This new 

standard is more stringent than the 

previous 1-hour ozone standard. Under 

EPA regulations at 40 CFR part 50, the 

8-hour ozone standard is attained when 

the 3-year average of the annual fourthhighest daily maximum 8-hour average 

ambient air quality ozone 

concentrations is less than or equal to 

0.08 ppm (i.e. 0.084 ppm when 

rounding is considered). (See 69 FR 

23857 (April 30, 2004) for further 

information). Ambient air quality 

monitoring data for the 3-year period 

must meet a data completeness 

requirement. The ambient air quality 

monitoring data completeness 

requirement is met when the average 

percent of days with valid ambient 

monitoring data is greater than 90 

percent, and no single year has less than 

75 percent data completeness as 

determined in Appendix I of part 50. 

Specifically, section 2.3 of 40 CFR part 

50, Appendix I, ‘‘Comparisons with the 

Primary and Secondary Ozone 

Standards’’ states: 

‘‘The primary and secondary ozone 

ambient air quality standards are met at an 

ambient air quality monitoring site when the 

3-year average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentration is less than or equal to 0.08 

ppm. The number of significant figures in the 

level of the standard dictates the rounding 

convention for comparing the computed 3- 

year average annual fourth-highest daily 

maximum 8-hour average ozone 

concentration with the level of the standard. 

The third decimal place of the computed 

value is rounded, with values equal to or 

greater than 5 rounding up. Thus, a 

computed 3-year average ozone 

concentration of 0.085 ppm is the smallest 

value that is greater than 0.08 ppm.’’

The CAA required EPA to designate 

as nonattainment any area that was 

violating the 8-hour ozone NAAQS 

based on the three most recent years of 

ambient air quality data. The 

Clarksville-Hopkinsville 8-hour ozone 

nonattainment area was designated 

using 2001 to 2003 ambient air quality 

data. The Federal Register document 

making these designations was signed 

on April 15, 2004, and published on 

April 30, 2004, (69 FR 23857). The CAA 

contains two sets of provisions—subpart 

1 and subpart 2— that address planning 

and control requirements for ozone 

nonattainment areas. (Both are found in 

title I, part D.) Subpart 1 (which EPA 

refers to as ‘‘basic’’ nonattainment) 

contains general, less prescriptive, 

requirements for nonattainment areas 

for any pollutant—including ozone—

governed by a NAAQS. Subpart 2 

(which EPA refers to as ‘‘classified’’

nonattainment) provides more specific 

requirements for ozone nonattainment 

areas. Some 8-hour ozone 

nonattainment areas are subject only to 

the provisions of subpart 1. Other 8- 

hour ozone nonattainment areas are also 

subject to the provisions of subpart 2. 

Under EPA’s Phase I 8-hour ozone 

implementation rule, signed on April 

15, 2004, an area was classified under 

subpart 2 based on its 8-hour ozone 

design value (i.e., the 3-year average of 

the annual fourth-highest daily 

maximum 8-hour average ozone 

concentrations), if it had a 1-hour design 

value at or above 0.121 ppm (the lowest 

1-hour design value in Table 1 of 

subpart 2). All other areas are covered 

under subpart 1, based upon their 8- 

hour ambient air quality design values. 

The Clarksville-Hopkinsville area was 

originally designated as a ‘‘basic’’ 8- 

hour ozone nonattainment area by EPA 

on April 30, 2004, (69 FR 23857) and is 

subject to subpart 1 of part D. In 2004, 

the ambient ozone data for the interstate 

Clarksville-Hopkinsville nonattainment 

area indicated no further violations of 

the 8-hour ozone standard, using data 

from the 3-year period of 2002–2004 

(with the 2002–2004 design value of 

0.082 ppm), to demonstrate attainment. 

Available preliminary monitoring data 

through August 2005 indicates 

continued attainment of the 8-hour 

ozone standard. EPA expects to take 

action on a request to redesignate the 

Tennessee portion of the area (i.e., 

Montgomery County) to attainment for 

the 8-hour ozone NAAQS in a separate 

action. 

On May 20, 2005, the Commonwealth 

of Kentucky requested redesignation to 

attainment for the 8-hour ozone 

standard for the Christian County, 

Kentucky portion of the ClarksvilleHopkinsville interstate 8-hour ozone 

area. The redesignation request includes 

three years of complete, quality-assured 

ambient air quality data for the ozone 

seasons of 2002 through 2004, 

indicating the 8-hour ozone NAAQS 

had been achieved for the ClarksvilleHopkinsville area (of which Christian 

County, Kentucky is a part). The ozone 

season for this area is from April 1 until 

55552 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

September 30 of a calendar year. Under 

the CAA, nonattainment areas may be 

redesignated to attainment if sufficient, 

complete, quality-assured data is 

available for the Administrator to 

determine that the area has attained the 

standard and the area meets the other 

CAA redesignation requirements in 

section 107(d)(3)(E). 

III. What Are the Redesignation Review 

Criteria? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) allows for redesignation 

providing that: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS; (2) the 

Administrator has fully approved the 

applicable implementation plan for the 

area under section 110(k); (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and, (5) the State containing such 

area has met all requirements applicable 

to the area under section 110 and part 

D. 

EPA provided guidance on 

redesignation in the General Preamble 

for the Implementation of Title I of the 

CAA Amendments of 1990, on April 16, 

1992 (57 FR 13498), and supplemented 

this guidance on April 28, 1992 (57 FR 

18070). EPA has provided further 

guidance on processing redesignation 

requests in the following documents: 

1. ‘‘Ozone and Carbon Monoxide 

Design Value Calculations,’’

Memorandum from Bill Laxton, June 18, 

1990; 

2. ‘‘Maintenance Plans for 

Redesignation of Ozone and Carbon 

Monoxide Nonattainment Areas,’’

Memorandum from G. T. Helms, Chief, 

Ozone/Carbon Monoxide Programs 

Branch, April 30, 1992; 

3. ‘‘Contingency Measures for Ozone 

and Carbon Monoxide (CO) 

Redesignations,’’ Memorandum from G. 

T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, June 1, 

1992; 

4. ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, September 4, 

1992; 

5. ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (ACT) Deadlines,’’

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; 

6. ‘‘Technical Support Documents 

(TSD’s) for Redesignation of Ozone and 

Carbon Monoxide (CO) Nonattainment 

Areas, Memorandum from G. T. Helms, 

Chief, Ozone/Carbon Monoxide 

Programs Branch, August 17, 1993; 

7. ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) On or After 

November 15, 1992,’’ Memorandum 

from Michael H. Shapiro, Acting 

Assistant Administrator for Air and 

Radiation, September 17, 1993; 

8. ‘‘Use of Actual Emissions in 

Maintenance Demonstrations for Ozone 

and CO Nonattainment Areas,’’

Memorandum from D. Kent Berry, 

Acting Director, Air Quality 

Management Division, November 30, 

1993; 

9. ‘‘Part D New Source Review (Part 

D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994; 

and 

10. ‘‘Reasonable Further Progress, 

Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard,’’

Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, May 10, 1995. 

IV. Why is EPA Taking These Actions? 

On May 20, 2005, the Commonwealth 

of Kentucky requested redesignation of 

the Christian County, Kentucky portion 

of the Clarksville-Hopkinsville 8-hour 

ozone nonattainment area to attainment 

for the 8-hour ozone standard. EPA 

believes that the Commonwealth of 

Kentucky has demonstrated that 

Christian County, Kentucky (as part of 

the Clarksville-Hopkinsville area) has 

attained the standard and has met the 

requirements for redesignation set forth 

in section 107(d)(3)(E) of the CAA. 

V. What is the Effect of EPA’s Actions? 

Approval of this redesignation request 

would change the official designation of 

Christian County, Kentucky for the 8- 

hour ozone NAAQS found at 40 CFR 

part 81. It would also incorporate into 

the Kentucky SIP a plan for maintaining 

the 8-hour ozone NAAQS in the area 

through 2016. The maintenance plan 

includes contingency measures to 

remedy future violations of the 8-hour 

ozone NAAQS, and would establish 

MVEBs of 3.83 tons per day (tpd) and 

2.08 tpd for VOC, and 9.53 tpd and 3.83 

tpd for NOX for the years 2004 and 

2016, respectively. 

VI. What is EPA’s Analysis of the 

Request? 

EPA is making the determination that 

the Clarksville-Hopkinsville 8-hour 

ozone nonattainment area has attained 

the 8-hour ozone standard, and that all 

redesignation criteria have been met. 

The basis for EPA’s determination is as 

follows: 

(1) The Clarksville-Hopkinsville area 

has attained the 8-hour ozone NAAQS 

EPA is making the determination that 

the area has attained the 8-hour ozone 

NAAQS. For ozone, an area may be 

considered to be attaining the 8-hour 

ozone NAAQS if there are no violations, 

as determined in accordance with 40 

CFR 50.10 and Appendix I of part 50, 

based on three complete, consecutive 

calendar years of quality-assured air 

quality monitoring data. To attain this 

standard, the 3-year average of the 

fourth-highest daily maximum 8-hour 

average ozone concentrations measured 

at each monitor within an area over 

each year must not exceed 0.08 ppm. 

Based on the rounding convention 

described in 40 CFR part 50, Appendix 

I, the standard is attained if the design 

value is 0.084 ppm or below. The data 

must be collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in the EPA Air Quality System 

(AQS). The monitors generally should 

have remained at the same location for 

the duration of the monitoring period 

required for demonstrating attainment. 

KDAQ submitted ozone monitoring 

data for the ozone seasons from 2002 to 

2004. This data has been quality assured 

and is recorded in AQS. The fourth high 

averages for 2002, 2003 and 2004, and 

the 3-year average of these values (i.e. 

design value), are summarized in the 

following table: 

County 2002 2003 2004 2002–2004 

Christian ......................................................................................................................................................... 0.093 0.080 0.074 0.082 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55553 

Available preliminary monitoring 

data through June 2005 indicates 

continued attainment of the 8-hour 

ozone standard. In addition, as 

discussed below with respect to the 

maintenance plan, KDAQ has 

committed to continue monitoring in 

these areas in accordance with 40 CFR 

part 58. In summary, EPA believes that 

the data submitted by Kentucky 

provides an adequate demonstration 

that the Clarksville-Hopkinsville 8-hour 

ozone nonattainment area has attained 

the 8-hour ozone NAAQS. 

(2) Kentucky has a fully approved SIP 

under section 110(k) for Christian 

County and (5) Kentucky has met all 

applicable requirements under section 

110 and part D of the CAA. 

Below is a summary of how these two 

criteria were met. 

EPA has determined that Kentucky 

has met all applicable SIP requirements 

for Christian County under section 110 

of the CAA (general SIP requirements). 

EPA has also determined that the 

Kentucky SIP satisfies the criterion that 

it meets applicable SIP requirements 

under part D of title I of the CAA 

(requirements specific to subpart 1 basic 

8-hour ozone nonattainment areas) in 

accordance with section 107(d)(3)(E)(v). 

In addition, EPA has determined that 

the SIP is fully approved with respect to 

all applicable requirements in 

accordance with section 107(d)(3)(E)(ii). 

In making these determinations, EPA 

ascertained which requirements are 

applicable to the area and that if 

applicable they are fully approved 

under section 110(k). SIPs must be fully 

approved only with respect to 

applicable requirements. 

a. Christian County, Kentucky has met 

all applicable requirements under 

section 110 and part D of the CAA. 

The September 4, 1992, Calcagni 

memorandum (see ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, 

September 4, 1992) describes EPA’s 

interpretation of section 107(d)(3)(E). 

Under this interpretation, to qualify for 

redesignation, states requesting 

redesignation to attainment must meet 

only the relevant CAA requirements that 

come due prior to the submittal of a 

complete redesignation request. See also 

Michael Shapiro memorandum, 

September 17, 1993, and 60 FR 12459, 

12465–66 (March 7, 1995) 

(redesignation of Detroit-Ann Arbor, 

MI). Applicable requirements of the 

CAA that come due subsequent to the 

area’s submittal of a complete 

redesignation request remain applicable 

until a redesignation is approved, but 

are not required as a prerequisite to 

redesignation. See section 175A(c) of 

the CAA; Sierra Club v. EPA, 375 F.3d 

537 (7th Cir. 2004). See also 68 FR 

25424, 25427 (May 12, 2003) 

(redesignation of St. Louis, Missouri). 

General SIP requirements: Section 

110(a)(2) of title I of the CAA delineates 

the general requirements for a SIP, 

which include enforceable emissions 

limitations and other control measures, 

means, or techniques, provisions for the 

establishment and operation of 

appropriate devices necessary to collect 

data on ambient air quality, and 

programs to enforce the limitations. 

General SIP elements and requirements 

are delineated in section 110(a)(2) of 

title I, part A of the CAA. These 

requirements include, but are not 

limited to, the following: submittal of a 

SIP that has been adopted by the state 

after reasonable public notice and 

hearing; provisions for establishment 

and operation of appropriate procedures 

needed to monitor ambient air quality; 

implementation of a source permit 

program; provisions for the 

implementation of part C requirement 

(Prevention of Significant Deterioration 

(PSD)) and provisions for the 

implementation of part D requirements 

(New Source Review (NSR) permit 

programs); provisions for air pollution 

modeling; and provisions for public and 

local agency participation in planning 

and emission control rule development. 

These requirements are discussed in the 

following EPA documents: ‘‘Procedures 

for Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, 

September 4, 1992; ‘‘State 

Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(CAA) Deadlines,’’ Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, October 28, 1992; 

and ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) on or after 

November 15, 1992,’’ memorandum 

from Michael H. Shapiro, Acting 

Assistant Administrator, September 17, 

1993. See also guidance documents 

listed above in Section III. 

Section 110(a)(2)(D) requires that SIPs 

contain certain measures to prevent 

sources in a state from significantly 

contributing to air quality problems in 

another state. To implement this 

provision, EPA has required certain 

states to establish programs to address 

the transport of air pollutants (NOX SIP 

Call, Clean Air Interstate Rule (CAIR)). 

EPA has also found, generally, that 

states have not submitted SIPs under 

section 110(a)(1) to meet the interstate 

transport requirements of section 

110(a)(2)(D)(i). However, the section 

110(a)(2)(D) requirements for a state are 

not linked with a particular 

nonattainment area’s designation and 

classification in that state. EPA believes 

that the requirements linked with a 

particular nonattainment area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request. The 

transport SIP submittal requirements, 

where applicable, continue to apply to 

a state regardless of the designation of 

any one particular area in the state. 

Thus, we do not believe that these 

requirements should be construed to be 

applicable requirements for purposes of 

redesignation. In addition, EPA believes 

that the other section 110 elements not 

connected with nonattainment plan 

submissions and not linked with an 

area’s attainment status are not 

applicable requirements for purposes of 

redesignation. The State will still be 

subject to these requirements after the 

area is redesignated. The section 110 

and part D requirements, which are 

linked with a particular area’s 

designation and classification, are the 

relevant measures to evaluate in 

reviewing a redesignation request. This 

policy is consistent with EPA’s existing 

policy on applicability of conformity 

(i.e. for redesignations) and oxygenated 

fuels requirements, as well as with 

section 184 ozone transport 

requirements. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996), (62 FR 24826, May 7, 

1997); Cleveland-Akron-Loraine, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking at (60 FR 62748, December 

7, 1995). See also the discussion on this 

issue in the Cincinnati redesignation (65 

FR 37890, June 19, 2000), and in the 

Pittsburgh redesignation (66 FR 50399, 

October 19, 2001). In addition, 

Kentucky’s response to the CAIR rule is 

not due until September 2006. 

EPA believes that section 110 

elements not linked to the area’s 

nonattainment status are not applicable 

for purposes of redesignation. 

Nonetheless, EPA also notes that it has 

previously approved provisions in the 

Kentucky SIP addressing section 110 

elements under the 1-hour standard (47 

FR 30059, July 12, 1982). EPA believes 

that the section 110 SIP approved for 

the 1-hour standard is sufficient to meet 

55554 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

requirements under the 8-hour standard 

as well. 

Part D requirements: EPA has also 

determined that the Kentucky SIP meets 

applicable SIP requirements under part 

D of the CAA since no requirements 

became due prior to submission of the 

area’s redesignation request. Sections 

172–176 of the CAA, found in subpart 

1 of part D, set forth the basic 

nonattainment requirements applicable 

to all nonattainment areas. Section 182 

of the CAA, found in subpart 2 of part 

D, establishes additional specific 

requirements depending on the area’s 

nonattainment classification. Subpart 2 

is not applicable to the ClarksvilleHopkinsville area. 

Part D, subpart 1 applicable SIP 

requirements: For purposes of 

evaluating this redesignation request, 

the applicable part D, subpart 1 SIP 

requirements for all nonattainment areas 

are contained in sections 172(c)(1)–(9). 

A thorough discussion of the 

requirements contained in section 172 

can be found in the General Preamble 

for Implementation of Title I (57 FR 

13498). None of the requirements under 

part D became due prior to submission 

of the redesignation request, and 

therefore none are applicable to the area 

for purposes of redesignation. For 

example, the requirements for an 

attainment demonstration that meets the 

requirements of section 172(c)(1) are not 

yet applicable, nor are the requirements 

for Reasonably Achievable Control 

Technology (RACT) and Reasonably 

Available Control Measures (RACM) 

(section 172(c)(1)), Reasonable Further 

Progress (RFP) (section 172(c)(2)), and 

contingency measures (section 

172(c)(9)). 

In addition to the fact that part D 

requirements did not become due prior 

to submission of the redesignation 

request and therefore are not applicable, 

EPA believes it is reasonable to interpret 

the conformity and new source review 

requirements as not requiring approval 

prior to redesignation. 

Section 176 Conformity 

Requirements: Section 176(c) of the 

CAA requires states to establish criteria 

and procedures to ensure the Federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects developed, funded or approved 

under title 23 of the United States Code 

and the Federal Transit Act 

(‘‘transportation conformity’’) as well as 

to all other Federally supported or 

funded projects (‘‘general conformity’’). 

State conformity revisions must be 

consistent with Federal conformity 

regulations that the CAA required the 

EPA to promulgate. EPA believes it is 

reasonable to interpret the conformity 

requirements as not applying for 

purposes of evaluating the redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and federal 

confomity rules apply where state rules 

have not been approved. See Wall v. 

EPA, 265 F.3d 426 (6th Cir. 2001), 

upholding this interpretation. See also 

60 FR 62748 (Dec. 7, 1995, Tampa, FL). 

EPA has also determined that areas 

being redesignated need not comply 

with the requirement that a NSR 

program be approved prior to 

redesignation, provided that the area 

demonstrates maintenance of the 

standard without part D NSR in effect 

since PSD requirements will apply after 

redesignation. The rationale for this 

view is described in a memorandum 

from Mary Nichols, Assistant 

Administrator for Air and Radiation, 

dated October 14, 1994, entitled ‘‘Part D 

New Source Review Requirements for 

Areas Requesting Redesignation to 

Attainment.’’ Kentucky has 

demonstrated that the area will be able 

to maintain the standard without part D 

NSR in effect, and therefore, Kentucky 

need not have a fully approved part D 

NSR program prior to approval of the 

redesignation request. Kentucky’s PSD 

program will become effective in the 

area upon redesignation to attainment. 

See rulemakings for Detroit, MI (60 FR 

12467–12468, March 7, 1995); 

Cleveland-Akron-Lorraine, OH (61 FR 

20458, 20469–70, May 7, 1996); 

Louisville, KY (66 FR 53665, October 

23, 2001); Grand Rapids, Michigan (61 

FR 31834–31837, June 21, 1996). Thus, 

the area has satisfied all applicable 

requirements under section 110 and part 

D of the CAA. 

b. The area has a fully approved 

applicable SIP under section 110(k) of 

the CAA 

EPA has fully approved the applicable 

Kentucky SIP for the Christian County 

area under section 110(k) of the Clean 

Air Act. EPA may rely on prior SIP 

approvals in approving a redesignation 

request, see Calcagni Memo at p. 3; 

Southwestern Pennsylvania Growth 

Alliance v. Browner, 144 F.3d 984, 989–

90 (6th Cir. 1998); Wall v. EPA, 265 F.3d 

426 (6th Cir. 2001); plus any additional 

measures it may approve in conjunction 

with a redesignation action. See 68 FR 

25426 (May 12, 2003) and citations 

therein. Following passage of the CAA 

of 1970, Kentucky has adopted and 

submitted, and EPA has fully approved 

at various times, provisions addressing 

the various 1-hour ozone standard SIP 

elements applicable in the Christian 

County area (45 FR 6092 and 47 FR 

30059, July 12, 1982). As indicated 

above, EPA believes that the section 110 

elements not connected with 

nonattainment plan submissions and 

not linked to the area’s nonattainment 

status are not applicable requirements 

for purposes of redesignation. EPA also 

believes that since the part D 

requirements did not become due prior 

to submission of the redesignation 

request, they also are therefore not 

applicable requirements for purposes of 

redesignation. 

(3) The air quality improvement in the 

Clarksville-Hopkinsville 8-hour ozone 

area is due to permanent and 

enforceable reductions in emissions 

resulting from implementation of the 

SIP and applicable Federal air pollution 

control regulations and other permanent 

and enforceable reductions 

EPA believes that Kentucky has 

demonstrated that the observed air 

quality improvement in the area is due 

to permanent and enforceable 

reductions in emissions resulting from 

implementation of the SIP, Federal 

measures, and other state-adopted 

measures. EPA has determined that the 

implementation of the following 

permanent and enforceable emissions 

controls, that occurred from 2001–2004, 

have reduced local VOC and NOX

emissions and brought the area into 

attainment: 

—Federal Motor Vehicle Control 

Standards in Kentucky; 

—EPA’s Tier 2/Low Sulfur Gasoline 

program; 

—EPA’s Heavy-Duty Engine and Vehicle 

and Fuel Standards; 

—Federal controls on certain nonroad 

engines implemented during the 

2002–2004 period; 

—Reductions due to the NOX SIP Call; 

In addition to the reductions mentioned 

above, Kentucky is also relying on the 

following controls to maintain the 8- 

hour standard: 

—All new major VOC sources locating 

in Kentucky shall as a minimum 

apply control procedures that are 

reasonable, available and practical 

pursuant to Kentucky regulation 401 

KAR 50:012; 

—Prevention of Significant 

Deterioration requirements; 

—Federal Motor Vehicle Control 

Standards in Kentucky; 

—Federal controls on certain nonroad 

engines after 2000; 

—Federal control through Maximum 

Achievable Control Technology 

(MACT) of Hazardous Air Pollutants 

emissions will also contribute to 

maintaining the standard in the area. 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55555 

Kentucky has demonstrated that the 

implementation of permanent and 

enforceable emissions controls have 

reduced local VOC and NOX emissions. 

Most of the reductions are attributable 

to Federal programs such as EPA’s Tier 

2/Low Sulfur Gasoline program and 

other national clean fuel programs that 

began implementation in 2004. 

Additionally, Kentucky has indicated in 

its submittal that the ClarksvilleHopkinsville area has benefited from 

emissions reductions that have been 

achieved and will continue to be 

achieved through implementation of the 

NOX SIP Call, beginning in 2002. Also, 

the following non-highway mobile 

source reduction programs were 

implemented during the 2002–2004 

period: small spark-ignition engines, 

large-spark ignition engines, 

locomotives and land-based diesel 

engines. Kentucky has also 

demonstrated that year-to-year 

meteorological changes and trends are 

not the likely source of the overall, longterm improvement in ozone levels. EPA 

believes that permanent and enforceable 

emissions reductions in and 

surrounding the nonattainment area are 

the cause of the long-term improvement 

in ozone levels, and are the cause of the 

area achieving attainment of the ozone 

standard. EPA believes that permanent 

and enforceable emissions reductions 

are the cause of the long-term 

improvement in ozone levels, and are 

the cause of the area achieving 

attainment of the ozone standard. 

(4) The area has a fully approved 

maintenance plan pursuant to section 

175A of the CAA 

In conjunction with its request to 

redesignate the Christian County, 

Kentucky portion of the ClarksvilleHopkinsville 8-hour ozone 

nonattainment area to attainment status, 

KDAQ submitted a SIP revision to 

provide for the maintenance of the 8- 

hour ozone NAAQS in the Christian 

County area for at least 10 years after the 

effective date of redesignation to 

attainment. 

a. What is required in a maintenance 

plan? 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, Kentucky must 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain such 

contingency measures, with a schedule 

for implementation as EPA deems 

necessary to assure prompt correction of 

any future 8-hour ozone violations. 

Section 175A of the CAA sets forth the 

elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. The 

Calcagni memorandum, dated 

September 4, 1992, provides additional 

guidance on the content of a 

maintenance plan. An ozone 

maintenance plan should address five 

requirements: the attainment emissions 

inventory, maintenance demonstration, 

monitoring, verification of continued 

attainment, and a contingency plan. 

b. Attainment Emissions Inventory 

The Clarksville-Hopkinsville area has 

selected 2004 as ‘‘the attainment year’’

for purposes of demonstrating 

attainment of the 8-hour ozone NAAQS. 

The 2004 VOC and NOX emissions for 

the Christian County area were 

developed consistent with EPA 

guidance and are summarized in the 

table in the following subsection. 

c. Maintenance Demonstration 

The May 20, 2005, submittal includes 

a 12-year maintenance plan for 

Christian County. This demonstration: 

(i) Shows compliance and 

maintenance of the 8-hour ozone 

standard by assuring that current and 

future emissions of VOC and NOX

remain at or below attainment year 2004 

emissions levels. The year 2004 was 

chosen as the attainment year because it 

is one of the most recent three years 

(i.e., 2002, 2003, and 2004) for which 

the Clarksville-Hopkinsville area has 

clean air quality data for the 8-hour 

ozone standard. 

(ii) Uses 2004 as the attainment year 

and includes future inventory projected 

years for 2007, 2010, 2013, and 2016. 

(iii) Identifies an ‘‘out year’’ at least 10 

years after the time necessary for EPA to 

review and approve the maintenance 

plan. Per 40 CFR part 93, a MVEB was 

established for the last year of the 

maintenance plan. See section VII 

below. 

(iv) Provides the following actual and 

projected emissions inventories for 

Christian County. 

NOX EMISSIONS (TPD) FOR CHRISTIAN COUNTY

Source category 2004 2007 2010 2013 2016 

Point ........................................................................................................................................................... 1.42 1.48 1.55 1.60 1.67 

Area ........................................................................................................................................................... 0.14 0.14 0.14 0.14 0.14 

Mobile ........................................................................................................................................................ 9.53 8.13 6.59 4.97 3.83 

Nonroad ..................................................................................................................................................... 3.80 3.55 3.23 2.83 2.38 

Total .................................................................................................................................................... 14.89 13.30 11.51 9.54 8.02 

VOC EMISSIONS (TPD) FOR CHRISTIAN COUNTY

Source category 2004 2007 2010 2013 2016 

Point ........................................................................................................................................................... 1.87 2.04 2.22 2.27 2.46 

Area ........................................................................................................................................................... 4.40 4.47 4.57 4.50 4.55 

Mobile ........................................................................................................................................................ 3.83 3.17 2.68 2.31 2.08 

Nonroad ..................................................................................................................................................... 1.33 1.14 1.02 0.96 0.93 

Total .................................................................................................................................................... 11.43 10.82 10.49 10.04 10.02 

55556 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

d. Monitoring Network 

There is currently one monitor 

measuring ozone, located within 

Christian County, Kentucky, which 

provides air quality data for the entire 

Clarksville-Hopkinsville 8-hour ozone 

nonattainment area. Kentucky has 

committed in the maintenance plan to 

continue operation of the ozone monitor 

in compliance with 40 CFR part 58, and 

has addressed the requirement for 

monitoring. 

e. Verification of Continued Attainment 

Kentucky has the legal authority to 

enforce and implement the 

requirements of the ozone maintenance 

plan for Christian County, Kentucky. 

This includes the authority to adopt, 

implement and enforce any subsequent 

emissions control contingency measures 

determined to be necessary to correct 

future ozone attainment problems. 

Kentucky will track the progress of 

the maintenance plan by performing 

future reviews of actual emissions for 

the area using the latest emissions 

factors, models and methodologies. For 

these periodic inventories Kentucky 

will review the assumptions made for 

the purpose of the maintenance 

demonstration concerning projected 

growth of activity levels. If any of these 

assumptions appear to have changed 

substantially, Kentucky will re-project 

emissions. 

g. Contingency Plan 

The contingency plan provisions are 

designed to promptly correct a violation 

of the NAAQS that occurs after 

redesignation. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to assure that 

Kentucky will promptly correct a 

violation of the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the contingency 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation, and a time limit for 

action by the state. A state should also 

identify specific indicators to be used to 

determine when the contingency 

measures need to be implemented. The 

maintenance plan must include a 

requirement that a state will implement 

all measures with respect to control of 

the pollutant that were contained in the 

SIP before redesignation of the area to 

attainment in accordance with section 

175A(d). 

In the May 20, 2005 submittal, 

Kentucky affirms that all programs 

instituted by Kentucky and EPA will 

remain enforceable, and that sources are 

prohibited from reducing emissions 

controls following the redesignation of 

the area. In the submittal, Kentucky 

commits to adopt, within nine months, 

one or more contingency measures to reattain the standard, in the event of a 

violation of the 8-hour ozone NAAQS in 

the Clarksville-Hopkinsville 

nonattainment area. Kentucky notes that 

all regulatory programs will be 

implemented within 18 months. 

Specifically, the maintenance plan 

includes the following contingency 

measures to correct any future 

violations of the 8-hour ozone standard: 

• Implementation of a program to 

require additional emissions reductions 

on stationary sources; 

• Implementation of a program to 

enhance inspection of stationary sources 

to ensure emissions control equipment 

is functioning properly; 

• Implementation of Stage I Vapor 

Control; 

• Implementation of Stage II Vapor 

Recovery; 

• Open burning restrictions during 

ozone season; 

• Implementation of fuel programs, 

including incentives for alternative 

fuels; 

• Restriction of certain roads or lanes 

to, or construction of such roads or 

lanes for use by, passenger buses or 

high-occupancy vehicles; 

• Trip-reduction ordinances; 

• Employer-based transportation 

management plans, including 

incentives; 

• Programs to limit or restrict vehicle 

use in downtown areas, or other areas 

of emissions concentration, particularly 

during periods of peak use; 

• Programs for new construction and 

major reconstruction of paths or tracks 

for use by pedestrians or by nonmotorized vehicles when economically 

feasible and in the public interest. 

In addition, the maintenance plan 

includes specific provisions that in the 

event that a violation of the 8-hour 

ozone design value is measured in any 

portion of the maintenance area, or if 

periodic emissions inventory updates 

reveal excessive or unanticipated 

growth greater than 10 percent in ozone 

precursor emissions, Kentucky will 

evaluate existing control measures to 

see if any further emissions reduction 

measures should be implemented at that 

time. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: attainment 

inventory, maintenance demonstration, 

monitoring network, verification of 

continued attainment, and a 

contingency plan. The maintenance 

plan SIP revision submitted by 

Kentucky for Christian County meets 

the requirements of section 175A of the 

CAA. 

VII. What is an Adequacy 

Determination and What is the Status of 

EPA’s Adequacy Determination for 

Christian County’s new MVEBs for the 

years 2004 and 2016? 

Under the CAA, States are required to 

submit, at various times, control strategy 

SIPs and maintenance plans in ozone 

areas. These control strategy SIPs (e.g., 

reasonable further progress SIPs and 

attainment demonstration SIPs) and 

maintenance plans create MVEBs for 

criteria pollutants and/or their 

precursors to address pollution from 

cars and trucks. Per 40 CFR Part 93, a 

MVEB is established for the last year of 

the maintenance plan. The MVEB is the 

portion of the total allowable emissions 

in the maintenance demonstration that 

is allocated to highway and transit 

vehicle use and emissions. The MVEB 

serves as a ceiling on emissions from an 

area’s planned transportation system. 

The MVEB concept is further explained 

in the preamble to the November 24, 

1993, transportation conformity rule (58 

FR 62188). The preamble also describes 

how to establish the MVEB in the SIP 

and revise the MVEB. 

Under section 176(c) of the CAA, new 

transportation projects, such as the 

construction of new highways, must 

‘‘conform’’ to (i.e., be consistent with) 

the part of the State’s air quality plan 

that addresses pollution from cars and 

trucks. ‘‘Conformity’’ to the SIP means 

that transportation activities will not 

cause new air quality violations, worsen 

existing violations, or delay timely 

attainment of the NAAQS. If a 

transportation plan does not ‘‘conform,’’

most new projects that would expand 

the capacity of roadways cannot go 

forward. Regulations at 40 CFR part 93 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of such 

transportation activities to a SIP. 

When reviewing submitted ‘‘control 

strategy’’ SIPs or maintenance plans 

containing MVEBs, EPA must 

affirmatively find the MVEB contained 

therein ‘‘adequate’’ for use in 

determining transportation conformity. 

Once EPA affirmatively finds the 

submitted MVEB is adequate for 

transportation conformity purposes, that 

MVEB can be used by state and federal 

agencies in determining whether 

proposed transportation projects 

‘‘conform’’ to the SIP as required by 

section 176(c) of the CAA. EPA’s 

substantive criteria for determining 

‘‘adequacy’’ of an MVEB are set out in 

40 CFR 93.118(e)(4). 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55557 

EPA’s process for determining 

‘‘adequacy’’ consists of three basic steps: 

public notification of a SIP submission, 

a public comment period, and EPA’s 

adequacy finding. This process for 

determining the adequacy of submitted 

SIP MVEBs was initially outlined in 

EPA’s May 14, 1999 guidance, 

‘‘Conformity Guidance on 

Implementation of March 2, 1999, 

Conformity Court Decision.’’ This 

guidance was finalized in the 

Transportation Conformity Rule 

Amendments for the ‘‘New 8-Hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards and Miscellaneous 

Revisions for Existing Areas; 

Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change’’

on July 1, 2004 (69 FR 40004). EPA 

follows this guidance and rulemaking in 

making its adequacy determinations. 

Christian County’s 12-year 

maintenance plan submission contained 

new VOC and NOX MVEBs for the years 

2004 and 2016. The availability of the 

SIP submission with these 2004 and 

2016 MVEBs was announced for public 

comment on EPA’s adequacy Web page 

on March 29, 2005, at: http:// 

www.epa.gov/otaq/transp/conform/ 

currsips.htm. The EPA public comment 

period on the adequacy of the 2004 and 

2016 MVEBs for Christian County, 

Kentucky closed on April 28, 2005. EPA 

did not receive any adverse comments 

or requests for the submittal. 

Through this rulemaking, EPA is 

finding adequate and approving those 

MVEBs for use to determine 

transportation conformity because EPA 

has determined that the area maintains 

the standard with emissions at the 

levels of the budgets. These MVEBs will 

be separate state area budgets for the 

Christian County, Kentucky area. The 

State of Tennessee will establish MVEBs 

for the Montgomery County portion of 

the Clarksville-Hopkinsville area 

through the Tennessee SIP. The 

following table defines the 2004 and 

2016 MVEBs for Christian County, 

Kentucky. 

CHRISTIAN COUNTY 8-HOUR OZONE

MAINTENANCE AREA MVEBS

2004 2016 

NOX (tpd) .............................. 9.53 3.83 

VOC (tpd) ............................. 3.83 2.08 

VIII. Action on the Redesignation 

Request, the Maintenance Plan SIP 

Revision Including Approval of the 

2004 and 2016 MVEBs 

EPA is making a determination that 

the Clarksville-Hopkinsville area has 

attained the 8-hour ozone NAAQS. EPA 

is approving the redesignation of the 

Christian County, Kentucky portion of 

the area from nonattainment to 

attainment for the 8-hour ozone 

NAAQS. After evaluating Kentucky’s 

redesignation request, EPA has 

determined that it meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. EPA believes 

that the redesignation request and 

monitoring data demonstrate that the 

Clarksville-Hopkinsville area (of which 

Christian County is a part) has attained 

the 8-hour ozone standard. The final 

approval of this redesignation request 

would change the official designation 

for the Christian County area from 

nonattainment to attainment for the 8- 

hour ozone standard. 

EPA is also approving the 

maintenance plan SIP revision. 

Approval of the maintenance plan for 

Christian County is allowable, because 

Kentucky has demonstrated that that the 

plan meets the requirements of section 

175A as described more fully in this 

rulemaking. Additionally, EPA is 

finding adequate and approving the new 

2004 and 2016 MVEBs, submitted by 

Kentucky for Christian County, in 

conjunction with its redesignation 

request. Within 18 months from the 

effective date of this action, the 

transportation partners will need to 

demonstrate conformity to these new 

MVEBs pursuant to 40 CFR 93.104(e). 

EPA is publishing this rule without 

prior approval, because the Agency 

views this action as noncontroversial 

and anticipates no adverse comment. 

However, in the Proposed Rules section 

of today’s Federal Register, EPA is 

publishing a proposal to approve the 

redesignation and maintenance plan 

that will serve as the proposal if adverse 

comments are filed. This rule will be 

effective on November 21, 2005 unless 

EPA receives adverse comments by 

October 24, 2005. If EPA receives 

adverse comment, EPA will publish a 

timely withdrawal in the Federal 

Register, informing the public that the 

rule will not take effect. EPA will 

address the public comments 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. 

IX. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Redesignation of an area to 

attainment under section 107(d)(3)(E) of 

the CAA does not impose any new 

requirements on small entities. 

Redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on sources. Accordingly, 

the Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

affects the status of a geographical area, 

does not impose any new requirements 

on sources, or allow a state to avoid 

adopting or implementing other 

requirements and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

55558 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and because 

the Agency does not have reason to 

believe that the rule concerns an 

environmental health risk or safety risk 

that may disproportionately affect 

children. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the CAA. Redesignation is an action that 

affects the status of a geographical area 

but does not impose any new 

requirements on sources. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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 rule 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. section 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 November 21, 2005. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects: 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: September 13, 2005. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 and 81 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 S—Kentucky 

■ 2. Section 52.920(e) is amended by 

adding a new entry at the end of the 

table for ‘‘8-Hour Ozone Maintenance 

plan for the Christian County, Kentucky 

area’’ to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

name of nonregulatory SIP 

Applicable geographic or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

* * * * * * * 

8-Hour Ozone Maintenance plan for 

the Christian County, Kentucky area.

Christian County ..................... 05/20/2005 09/22/2005 [Insert FR page 

citation of publication].

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.318, the table entitled 

‘‘Kentucky-Ozone (8-Hour Standard)’’ is 

amended by revising the entry for 

‘‘Clarksville-Hopkinsville, TN–KY: 

Christian County’’ to read as follows: 

§ 81.318 Kentucky. 

* * * * * 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55559 

KENTUCKY-OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Clarksville-Hopkinsville, TN–KY Area: 

Christian County ............................................................... 10/24/05 Attainment.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. 05–18959 Filed 9–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R04–OAR–2005–TN–0007–200527(a) FRL–

7973–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Tennessee; Redesignation 

of the Montgomery County, Tennessee 

Portion of the Clarksville-Hopkinsville 

8-Hour Ozone Nonattainment Area to 

Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On August 10, 2005, the State 

of Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC), Air Pollution 

Control Division, submitted a final 

request: To redesignate the Montgomery 

County, Tennessee portion of the 

Clarksville-Hopkinsville 8-hour ozone 

nonattainment area to attainment for the 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS), and to 

approve a Tennessee State 

Implementation Plan (SIP) revision 

containing a 12-year maintenance plan 

for Montgomery County, Tennessee. The 

interstate Clarksville-Hopkinsville 8- 

hour ozone nonattainment area is 

comprised of two counties (i.e., 

Christian County, Kentucky and 

Montgomery County, Tennessee). EPA 

is approving the 8-hour ozone 

redesignation request for the 

Montgomery County, Tennessee portion 

of the Clarksville-Hopkinsville 8-hour 

ozone nonattainment area. Additionally, 

EPA is approving the 8-hour ozone 

maintenance plan for Montgomery 

County, Tennessee. This approval is 

based on EPA’s determination that the 

State of Tennessee has demonstrated 

that Montgomery County, Tennessee has 

met the criteria for redesignation to 

attainment specified in the Clean Air 

Act (CAA), including the determination 

that the entire Clarksville-Hopkinsville 

8-hour ozone nonattainment area has 

attained the 8-hour ozone standard. On 

March 21, 2005, the Commonwealth of 

Kentucky submitted a redesignation 

request and maintenance plan for the 

Christian County, Kentucky portion of 

this area for EPA parallel processing. In 

this action, EPA is also providing 

information on the status of its 

transportation conformity adequacy 

determination for the new motor vehicle 

emissions budgets (MVEBs) for the year 

2016 that are contained in the 12-year 

8-hour ozone maintenance plan for 

Montgomery County, Tennessee. EPA is 

approving such MVEBs. 

DATES: This rule is effective on 

November 21, 2005, without further 

notice, unless EPA receives adverse 

written comments by October 24, 2005. 

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 Regional Material in 

EDocket (RME) ID No. R04–OAR–2005–

TN–0007, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/RME. EPA’s 

electronic public docket and comment 

system is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: 

hoffman.annemarie@epa.gov or 

wood.amanetta@epa.gov. 

4. Fax: (404) 562–9019. 

5. Mail: ‘‘R04–OAR–2005–TN–0007,’’

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. 

6. Hand Delivery or Courier. Deliver 

your comments to: Anne Marie Hoffman 

or Amanetta Wood, 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 

RME ID No. R04–OAR–2005–TN–0007. 

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:// 

docket.epa.gov/rmepub/, 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 RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 RME or 

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