[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Rules and Regulations]
[Pages 55550-55559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18959]


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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.

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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 on-line instructions for submitting comments.
    3. E-mail: <a href="/cdn-cgi/l/email-protection#26424f405447484d08555247455f6643564708414950"><span class="__cf_email__" data-cfemail="03676a6571626d682d707762607a436673622d646c75">[email protected]</span></a>.
    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 
<a href="/cdn-cgi/l/email-protection#3054595642515e5b1e4344515349705540511e575f46"><span class="__cf_email__" data-cfemail="e7838e819586898cc9949386849ea7829786c9808891">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

    I. What are the Actions is EPA Taking?

[[Page 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, Tennessee-Kentucky 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 (NO<INF>X</INF>) and volatile organic 
compounds (VOCs) react in the presence of sunlight to form ground-level 
ozone. NO<INF>X</INF> 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 fourth-highest 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 Clarksville-Hopkinsville 
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 Clarksville-Hopkinsville area (of which 
Christian County, Kentucky is a part). The ozone season for this area 
is from April 1 until

[[Page 55552]]

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 NO<INF>X</INF> 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
------------------------------------------------------------------------


[[Page 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 (NO<INF>X</INF> 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

[[Page 55554]]

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 
Clarksville-Hopkinsville 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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.

[[Page 55555]]

    Kentucky has demonstrated that the implementation of permanent and 
enforceable emissions controls have reduced local VOC and 
NO<INF>X</INF> 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 
Clarksville-Hopkinsville area has benefited from emissions reductions 
that have been achieved and will continue to be achieved through 
implementation of the NO<INF>X</INF> 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, long-term 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 Clarksville-Hopkinsville 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 NO<INF>X</INF> 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 NO<INF>X</INF> 
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
------------------------------------------------------------------------


[[Page 55556]]

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 re-attain 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:
    <bullet> Implementation of a program to require additional 
emissions reductions on stationary sources;
    <bullet> Implementation of a program to enhance inspection of 
stationary sources to ensure emissions control equipment is functioning 
properly;
    <bullet> Implementation of Stage I Vapor Control;
    <bullet> Implementation of Stage II Vapor Recovery;
    <bullet> Open burning restrictions during ozone season;
    <bullet> Implementation of fuel programs, including incentives for 
alternative fuels;
    <bullet> Restriction of certain roads or lanes to, or construction 
of such roads or lanes for use by, passenger buses or high-occupancy 
vehicles;
    <bullet> Trip-reduction ordinances;
    <bullet> Employer-based transportation management plans, including 
incentives;
    <bullet> Programs to limit or restrict vehicle use in downtown 
areas, or other areas of emissions concentration, particularly during 
periods of peak use;
    <bullet> Programs for new construction and major reconstruction of 
paths or tracks for use by pedestrians or by non-motorized 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).

[[Page 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 PM<INF>2.5</INF> 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 NO<INF>X</INF> 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

[[Page 55558]]

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.

0
40 CFR part 52 and 81 is amended as follows:

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 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:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
    Name of nonregulatory SIP          Applicable       State submittal
 provision name of nonregulatory     geographic or      date/effective    EPA approval date       Explanation
               SIP                 nonattainment area        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance plan     Christian County...        05/20/2005  09/22/2005 [Insert
 for the Christian County,                                                FR page citation
 Kentucky area.                                                           of publication].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. In Sec.  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:


Sec.  81.318  Kentucky.

* * * * *

[[Page 55559]]



                                                            Kentucky-Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Designation \a\                                     Category/Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            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.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. 05-18959 Filed 9-21-05; 8:45 am]
BILLING CODE 6560-50-P


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