[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52467-52470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21107]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-1186-201021; FRL-9193-4]


Approval and Promulgation of Air Quality Implementation Plans: 
Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-
Hour Ozone Standard for the Paducah Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a revision to the 
Kentucky State Implementation Plan (SIP) concerning the maintenance 
plan addressing the 1997 8-hour ozone standards for the Paducah 1997 8-
hour ozone attainment area, which comprises Marshall County and a 
portion of Livingston County (hereafter referred to as the ``Paducah 
Area''). This maintenance plan was submitted to EPA on May 27, 2008, by 
the Commonwealth of Kentucky, and ensures the continued attainment of 
the 1997 8-hour ozone national ambient air quality standards (NAAQS) 
through the year 2020. On July 15, 2009, the Commonwealth of Kentucky 
submitted supplemental information with updated

[[Page 52468]]

emissions tables for this Area to reflect actual emissions. This plan 
meets the statutory and regulatory requirements, and is consistent with 
EPA's guidance. EPA is taking final action to approve the revisions to 
the Kentucky SIP, pursuant to the Clean Air Act (CAA). EPA is also in 
the process of establishing a new 8-hour ozone NAAQS, and expects to 
finalize the reconsidered NAAQS by August 2010. Today's action, 
however, relates only to the 1997 8-hour ozone NAAQS. Requirements for 
the Paducah Area under the 2010 NAAQS will be addressed in the future.

DATES: This rule will be effective September 27, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2007-1186. All documents in the 
electronic docket are listed in the http://www.regulations.gov Web 
site. Although listed in the index, some information is not publicly 
available, i.e., Confidential Business Information or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that, if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Mr. Farngalo may be reached 
by phone at (404) 562-9152 or by electronic mail address 
<a href="/cdn-cgi/l/email-protection#aacccbd8c4cdcbc6c584d0dfd8c3eacfdacb84cdc5dc"><span class="__cf_email__" data-cfemail="fb9d9a89959c9a9794d5818e8992bb9e8b9ad59c948d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA Guidance and CAA Requirements
III. Today's Action
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    In accordance with the CAA, the Paducah Area, consisting of 
Marshall County and a portion of Livingston County in Kentucky, was 
designated as marginal nonattainment for the 1-hour ozone NAAQS 
effective November 6, 1991 (56 FR 56694) because the Area did not meet 
the 1-hour ozone NAAQS. On November 13, 1992, the Commonwealth of 
Kentucky submitted a request to redesignate the Paducah Area to 
attainment for the 1-hour ozone NAAQS. At the same time as the 
redesignation request, Kentucky submitted the required ozone monitoring 
data and maintenance plan to ensure that the Paducah Area would remain 
in attainment for the 1-hour ozone NAAQS for a period of 10 years, 
consistent with the CAA section 175A(a). The maintenance plan submitted 
by Kentucky followed EPA guidance for limited maintenance areas, which 
applied to 1-hour ozone NAAQS areas with design values less than 85 
percent of the applicable standard (0.12 parts per million). On 
February 7, 1995, EPA approved Kentucky's request to redesignate the 
Paducah Area (60 FR 7124) to attainment for the 1-hour ozone NAAQS.

II. EPA Guidance and CAA Requirements

    On April 30, 2004, EPA designated areas for the 1997 8-hour ozone 
NAAQS (69 FR 23858), and published the final Phase I Implementation 
Rule for the 1997 8-hour ozone NAAQS (69 FR 23951) (Phase I Rule). The 
Paducah Area was designated attainment for the 1997 8-hour ozone NAAQS, 
effective June 15, 2004. The Paducah attainment area consequently was 
required to submit a 10-year maintenance plan under section 110(a)(1) 
of the CAA and the Phase I Rule, 40 CFR 51.905(a)(4). On May 20, 2005, 
EPA issued guidance providing information as to how a state might 
fulfill the maintenance plan obligation established by the CAA and the 
Phase I Rule (Memorandum from Lydia N. Wegman to Air Division 
Directors, Maintenance Plan Guidance Document for Certain 8-hour Ozone 
Areas Under Section 110(a)(1) of Clean Air Act, May 20, 2005--hereafter 
referred to as ``Wegman Memorandum'').
    On December 22, 2006, the United States Court of Appeals for the 
District of Columbia Circuit issued an opinion that vacated portions of 
EPA's Phase I Rule. See South Coast Air Quality Management District. v. 
EPA, 472 F.3d 882 (DC Cir. 2006). The Court vacated those portions of 
the Phase I Rule that provided for regulation of the 1997 8-hour ozone 
nonattainment areas designated under Subpart 1 (of part D of the CAA), 
in lieu of Subpart 2 among other portions. The Court's decision did not 
alter any 8-hour ozone attainment area requirements under the Phase I 
Rule for CAA section 110(a)(1) maintenance plans. EPA has determined 
that Kentucky's May 27, 2008, proposed SIP revision satisfies the 
section 110(a)(1) CAA requirements for a plan that provides for 
implementation, maintenance, and enforcement of the 1997 8-hour ozone 
NAAQS in the Paducah attainment area.

III. Today's Action

    EPA is taking final action to approve the SIP revisions concerning 
the 110(a)(1) maintenance plan addressing the 1997 8-hour ozone NAAQS 
for the Paducah Area. This maintenance plan was submitted to EPA on May 
27, 2008, by the Commonwealth of Kentucky to ensure the continued 
attainment of the 1997 8-hour ozone NAAQS through the year 2020. This 
approval action is based on EPA's analyses of whether this request 
complies with section 110 of the CAA and section 51.905(a)(4). EPA's 
analyses for the Commonwealth of Kentucky's submittal are described in 
detail in the proposed rule published January 4, 2010 (75 FR 97).
    The comment period for this proposed action closed on February 3, 
2010. EPA did not receive any comments, adverse or otherwise, during 
this public comment period. However, EPA noticed an inadvertent 
omission of the July 15, 2009, supplement that Kentucky provided from 
the electronic docket at http://www.regulations.gov. Since EPA 
referenced this supplement in the January 4, 2010, proposed rulemaking, 
EPA reopened the public comment period for this proposed action for the 
limited purpose of allowing the public the opportunity to review and 
consider this supplemental information in regards to EPA's proposed 
rulemaking (75 FR 8574). EPA's reopening of the comment period ended on 
March 25, 2010. During this additional comment period, EPA did not 
receive any comments.
    In support of this final action, the Commonwealth of Kentucky 
provided an analysis of emissions differences for the highway mobile 
source emissions using a Reid Vapor Pressure (RVP) level of 9.0 pounds 
per square inch (psi), which is the applicable standard during the 
regulatory control period (i.e., May 1st through September 15th). See 
40 CFR 80.27. In its original submission, the Commonwealth of Kentucky 
had modeled 8.6 psi based on historical information that indicated that 
summer

[[Page 52469]]

time RVP supplied to the Paducah Area averaged 8.6 psi. EPA considers 
the original submittal to model a more stringent RVP; however, in order 
to ensure that Kentucky could demonstrate attainment with a higher RVP, 
Kentucky provided the supplemental information. Subsequently, the 
Commonwealth of Kentucky provided modeling at the 9.0 psi level. EPA 
reviewed this additional information and noted that there was no change 
in emissions for nitrogen oxides (NO<INF>X</INF>) and a slight increase 
(less than a tenth of a ton per day) in emissions of volatile organic 
compounds (VOC) with RVP at the 9.0 psi level as compared to the 8.6 
psi level. The difference in total highway emissions for each year 
emissions was provided and is included in the following table:

                                  Paducah Area Highway Mobile Source Emissions
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                                                  8.6 psi                 9.0 psi         Difference between 8.6
                                         ------------------------------------------------      psi & 9.0 psi
                                                                                         -----------------------
                                              VOC         NOX         VOC         NOX         VOC         NOX
----------------------------------------------------------------------------------------------------------------
2002....................................        1.14        1.90        1.19        1.90        0.05        0.00
2005....................................        1.62        3.36        1.67        3.36        0.05        0.00
2008....................................        1.47        3.00        1.52        3.00        0.05        0.00
2011....................................        1.32        2.49        1.36        2.49        0.04        0.00
2014....................................        1.14        1.90        1.19        1.90        0.05        0.00
2017....................................        1.04        1.51        1.07        1.52        0.03        0.01
2020....................................        0.94        1.27        0.97        1.27        0.03        0.00
----------------------------------------------------------------------------------------------------------------

    EPA has made the determination that, even with the slight increase 
in VOC emissions due to the difference of modeling 9.0 psi versus 8.6 
psi, Kentucky has demonstrated continued maintenance for the 1997 8-
hour NAAQS for the Paducah Area. Further, EPA believes that Kentucky's 
110(a)(1) submission for the Paducah Area meets the CAA requirements in 
addition to EPA policy and guidance.

IV. Final Action

    Pursuant to Section 110 of the CAA, EPA is approving the 
maintenance plan addressing the 1997 8-hour ozone NAAQS for the Paducah 
Area, which was submitted by Kentucky on May 27, 2008, and ensures 
continued attainment of the 1997 8-hour ozone NAAQS through the year 
2020. EPA has evaluated the Commonwealth's submittal and has determined 
that it meets the applicable requirements of the CAA and EPA 
regulations, and is consistent with EPA policy. EPA's rationale is 
explained in the proposed action.
    On March 12, 2008, EPA issued a revised ozone NAAQS. EPA 
subsequently announced a reconsideration of the 2008 NAAQS, and 
proposed new 8-hour ozone NAAQS in January 2010. A final 8-hour ozone 
NAAQS is expected in August 2010. The current action, however, is being 
taken to address requirements under the 1997 ozone NAAQS. Requirements 
for the Paducah Area under the 2010 NAAQS will be addressed in the 
future.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

[[Page 52470]]

    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 October 25, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Air pollution control, Environmental protection, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 11, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

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 for the 
``Paducah 8-Hour Ozone Attainment/1-Hour Ozone Maintenance Plan Section 
110(a)(1)'' at the end of the table to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                     Applicable        State submittal
     Name of SIP provision          geographic or      date/effective     EPA approval date      Explanation
                                 nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Paducah 8-Hour Ozone Attainment/ Marshall and        May 27, 2008......  August 26, 2010
 1-Hour Ozone Maintenance Plan    Livingston                              [insert citation
 Section 110(a)(1).               Counties.                               of publication].
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[FR Doc. 2010-21107 Filed 8-25-10; 8:45 am]
BILLING CODE 6560-50-P


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