Approval and Promulgation of Implementation Plans for Kentucky: Inspection and Maintenance Program Removal for Northern Kentucky; Commercial Motor Vehicle and Mobile Equipment Refinishing Operations, 17029-17037 [05-6631]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Proposed Rules]
[Pages 17029-17037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6631]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2004-KY-0003-200502; FRL-7895-4]


Approval and Promulgation of Implementation Plans for Kentucky: 
Inspection and Maintenance Program Removal for Northern Kentucky; 
Commercial Motor Vehicle and Mobile Equipment Refinishing Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve four related revisions to the 
Kentucky State Implementation Plan (SIP) submitted by the Commonwealth 
of Kentucky on November 12, 2004. These revisions affect the Northern 
Kentucky area, which is comprised of the Kentucky Counties of Boone, 
Campbell, and Kenton, and is part of the Cincinnati-Hamilton 
Metropolitan Statistical Area. EPA is proposing to approve the movement 
of the regulation underlying the Northern Kentucky inspection and 
maintenance (I/M) program from the active portion of the Kentucky SIP 
to the contingency measures section of the Northern Kentucky 1-Hour 
Ozone Maintenance Plan. EPA is also proposing to approve revisions to a 
Kentucky rule which provides for the control of volatile organic 
compounds from new solvent metal cleaning equipment. Further, EPA 
proposes to add a new rule to the Kentucky SIP affecting commercial 
motor vehicle and mobile equipment refinishing operations in Northern 
Kentucky. Finally, EPA is proposing to approve updated mobile source 
category emission projections using MOBILE6.2, with updated, subarea 
motor vehicle emission budgets (MVEBs) for the year 2010. EPA's final 
approval is contingent upon Kentucky making some clarifications in the 
final SIP submittal.

DATES: Written comments must be received on or before May 4, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2004-KY-0003, by one of the following 
methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: https://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the

[[Page 17030]]

system, select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    3. E-mail: notarianni.michele@epa.gov.
    4. Fax: (404) 562-9019.
    5. Mail: ``R04-OAR-2004-KY-0003,'' 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: Michele 
Notarianni, Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, 12th floor, 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-2004-KY-
0003. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
https://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 https://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. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Phone: (404) 562-9031. E-mail: 
notarianni.michele@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What Changes to the Kentucky SIP Were Submitted for EPA Approval?
II. What Authorities Apply To Moving the Northern Kentucky I/M 
Program to a Contingency Measure in the Kentucky SIP?
III. What Is EPA's Analysis of Kentucky's Demonstration of Non-
Interference With the 1-Hour Ozone and Carbon Monoxide (CO) National 
Ambient Air Quality Standard (NAAQS)?
    A. EPA's Analysis of Kentucky's Demonstration of Non-
Interference With the 1-Hour Ozone NAAQS
    B. Updated MVEBs for 2010
    C. EPA's Analysis of Kentucky's Demonstration of Non-
Interference With the CO NAAQS
IV. What Is EPA's Analysis of Kentucky's Demonstration of Non-
Interference With the 8-Hour Ozone and Fine Particulate Matter 
NAAQS?
    A. What Criteria Must Be Met?
    B. What Is EPA's Analysis of Whether the Proposed Reductions 
Meet the Criteria of Contemporaneous, Equivalent, Quantifiable, 
Permanent, Enforceable, and Surplus?
    1. Contemporaneous
    2. Equivalent
    a. Selection of the Year 2005 To Estimate Emission Increases 
From Closure of the Northern Kentucky Vehicle Emissions Testing 
(VET) Program.
    b. Methodology for Substituting Volatile Organic Compound (VOC) 
for Nitrogen Oxides (NOX) To Determine ``All VOC-
Equivalent'' Needed To Replace the VET Program.
    c. Equivalent Emissions Reductions From Two Kentucky Rules
    3. Quantifiable
    4. Permanent
    5. Enforceable
    6. Surplus
V. What Is EPA's Proposed Action?
VI. Statutory and Executive Order Reviews

I. What Changes to the Kentucky SIP Were Submitted for EPA Approval?

    In response to a Kentucky Legislative action signed by the Governor 
on April 9, 2004, Kentucky submitted to EPA a proposed revision to the 
Kentucky SIP on November 12, 2004, for parallel processing. This 
revision affects regulation 401 KAR 65:010, ``Vehicle emission control 
programs,'' which is a SIP-approved regulation underlying the Northern 
Kentucky I/M program, also known as the Northern Kentucky Vehicle 
Emissions Testing (VET) Program. Kentucky has requested to move the VET 
Program regulation from the active control measures portion of the SIP 
to the contingency measures portion of the Northern Kentucky 1-Hour 
Ozone Maintenance Plan, which is part of the Kentucky SIP. The Northern 
Kentucky VET Program is a basic I/M program that includes on-board 
diagnostics (i.e., OBD) and results in emissions reductions of nitrogen 
oxides (NOX), volatile organic compounds (VOC), and carbon 
monoxide (CO). The VET Program began testing vehicles in Boone, 
Campbell, and Kenton Counties in September 1999, to help meet 
nonattainment area requirements for the ozone NAAQS effective at the 
time.
    The Northern Kentucky area is comprised of the Kentucky Counties of 
Boone, Campbell, and Kenton, and is part of the Cincinnati-Hamilton 
Metropolitan Statistical Area (MSA). Presently, Boone, Campbell, and 
Kenton Counties comprise the Northern Kentucky portion of the 
Cincinnati 1-Hour Ozone Maintenance Area. This maintenance status means 
these counties were formerly designated nonattainment for the 1-hour 
ozone standard, are now attaining this standard, and have since been 
redesignated to attainment for the 1-hour ozone standard effective July 
5, 2000 (July 31, 2002, 67 FR 49600). This area was previously 
classified as a moderate ozone nonattainment area. As such, the area 
was required to

[[Page 17031]]

implement a basic I/M program under section 182(b)(4) of the Clean Air 
Act.
    Kentucky's November 12, 2004, draft SIP submittal proposes to 
implement new emission reductions to compensate for the NOX 
and VOC emission increases resulting from removing the Northern 
Kentucky VET Program as an active control measure in the SIP. To 
demonstrate non-interference with applicable requirements of the Act 
through replacement emissions reductions, the compensating emissions 
reductions must be equivalent to or greater than those achieved with 
the VET Program. Equivalent emissions reductions are needed to replace 
an anticipated increase of 0.78 tons per summer day (tpsd) of VOC and 
0.29 tpsd of NOX in the year 2005 due to closure of the VET 
Program. These replacement VOC and NOX emissions reductions 
must also occur in a time period contemporaneous to the VET Program's 
closure, as explained further in section IV. The VOC and NOX 
replacement emissions reductions are needed to support a demonstration 
of non-interference with the 8-hour ozone and fine particulate matter 
(PM2.5) NAAQS.
    The VET Program also reduces CO emissions. In response to EPA 
comments on the November proposal, Kentucky will also include a 
demonstration of non-interference with the CO NAAQS in the final SIP 
submittal to address the CO emission increases due to discontinuation 
of the VET Program.
    The November 12, 2004, submittal proposes VOC emissions reductions 
from two Kentucky rules. The revisions to Kentucky rule 401 KAR 59:185, 
``New solvent metal cleaning equipment,'' requires the use of VOC 
solvents with lower vapor pressures in batch cold cleaning machines 
used in specified facilities located in the Northern Kentucky Counties 
of Boone, Campbell, and Kenton. These revisions were originally 
submitted to EPA on July 16, 2004. Kentucky's public hearing on the 
proposed amendments to 401 KAR 59:185 was held August 25, 2004, with 
written comments due by August 31, 2004. In a letter dated August 31, 
2004, EPA concurred with the revisions and the analysis for estimating 
VOC emissions reductions from these rule changes. (A copy of this 
letter is located on the RME Web site under the Docket ID, R04-OAR-
2004-KY-0003.) The November 12, 2004, submittal, which replaces the 
July 16, 2004, proposed SIP revision, also proposes to add a new rule, 
401 KAR 59:760, ``Commercial Motor Vehicle and Mobile Equipment 
Refinishing Operations,'' to the Kentucky SIP. This new regulation 
requires the use of high transfer efficiency application techniques at 
auto body repair and refinishing operations, and prescribes operating 
procedures to minimize the emissions of VOCs. The Commonwealth also 
enacted and included in the November 12, 2004, submittal an emergency 
version of rule 401 KAR 59:760, i.e., 401 KAR 59:760E, with a State 
effective date of November 15, 2004, and a compliance date of February 
1, 2005. EPA is not taking action on this emergency regulation, 401 KAR 
59:760E. The public hearing on rule 401 KAR 59:760 and movement of the 
VET Program to the contingency measures list was held on January 4, 
2005.
    Under the parallel processing procedure, the Commonwealth of 
Kentucky submits a copy of the proposed regulation or other revisions 
to EPA before conducting its public hearing. EPA reviews this proposed 
State action, and prepares a notice of proposed rulemaking for 
publication in the Federal Register within the same general time frame 
as Kentucky's public comment period. After the Commonwealth submits a 
final SIP revision (including a response to public comments raised 
during the Commonwealth's public participation process) to EPA, the 
Agency will prepare a final rulemaking notice. If the Commonwealth's 
final SIP submittal contains changes which occur after EPA's notice of 
proposed rulemaking, such changes must be described in EPA's final 
rulemaking action. If the Commonwealth's changes are significant, then 
EPA must decide whether it is appropriate to re-propose the 
Commonwealth's action.

II. What Authorities Apply To Moving the Northern Kentucky I/M Program 
to a Contingency Measure in the Kentucky SIP?

    Section 110(l) of the Clean Air Act (i.e., ``Act'') states:

    Each revision to an implementation plan submitted by a State 
under this Act shall be adopted by such State after reasonable 
notice and public hearing. The Administrator shall not approve a 
revision to a plan if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of this Act.

    The States' obligation to comply with each of the NAAQS is 
considered as ``any applicable requirement(s) concerning attainment.'' 
A demonstration is necessary to show that this revision will not 
interfere with attainment or maintenance of the NAAQS, including those 
for ozone, CO, and PM2.5, or any other requirement of the 
Act.
    With respect to the 1-hour ozone NAAQS, EPA redesignated the 
Kentucky portion of the Cincinnati-Hamilton area to attainment for the 
1-hour ozone standard in a final action published July 31, 2002 (67 FR 
49600). The Cincinnati-Hamilton moderate 1-hour ozone nonattainment 
area (Cincinnati-Hamilton area) includes the Ohio Counties of Hamilton, 
Butler, Clermont, and Warren, and the Kentucky Counties of Boone, 
Campbell, and Kenton. As part of its redesignation to attainment for a 
NAAQS, the area must have a plan to maintain the standard, called a 
``maintenance plan.'' Under section 175A(a) of the Act, emission 
reduction programs in a maintenance plan for a NAAQS must be continued 
unless a demonstration is made that the future, projected emissions for 
the area, without credit for reductions due to the emission reduction 
program being removed, remain at or below the baseline attainment level 
of emissions identified in the maintenance plan. If such a 
demonstration is made, that program is eligible for removal from the 
SIP. However, section 175A(d) of the Act requires that available 
contingency measures in the maintenance plan include all measures in 
the SIP for the area before that area was redesignated to attainment. 
Since the VET Program was in the SIP prior to redesignation to 
attainment for the 1-hour ozone NAAQS, the VET Program must be listed 
in the contingency portion of the 1-hour ozone maintenance plan as 
required by section 175A(d). Kentucky was able to demonstrate continued 
maintenance of the 1-hour ozone standard for the requisite timeframe 
without taking credit for reductions from the Northern Kentucky VET 
Program, as summarized in section III below.
    In addition, provisions in EPA's I/M rule, set forth in 40 CFR 
51.372(c) under the heading ``Redesignation requests,'' apply to the 
Northern Kentucky VET Program situation. These provisions were 
published January 5, 1995, at 60 FR 1735. The provisions allow certain 
areas seeking redesignation to submit only the authority for an I/M 
program rather than an implemented program in satisfaction of the 
applicable I/M requirements. Under these I/M rule provisions, a basic 
I/M area (i.e., was required to adopt a basic I/M program) which has 
been redesignated to attainment for the 1-hour ozone NAAQS can convert 
the I/M program to a contingency measure as part of the

[[Page 17032]]

area's 1-hour ozone maintenance plan, notwithstanding the new 
antibacksliding provisions in EPA's 8-hour ozone implementation rule 
published April 30, 2004 (69 FR 23858). A basic I/M area which is 
designated nonattainment for the 8-hour ozone NAAQS, yet not required 
to have an I/M program based on its 8-hour ozone designation, continues 
to have the option to move its I/M program to a contingency measure as 
long as the 8-hour ozone nonattainment area can demonstrate that doing 
so will not interfere with its ability to comply with any NAAQS or any 
other applicable Clean Air Act requirement pursuant to section 110(l) 
of the Act. For further details on the application of 8-hour ozone 
anti-backsliding provisions to basic I/M programs in 1-hour ozone 
maintenance areas, please refer to the May 12, 2004, EPA Memorandum 
from Tom Helms, Group Leader, Ozone Policy and Strategies Group, Office 
of Air Quality Planning and Standards, and Leila H. Cook, Group Leader, 
State Measures and Conformity Group, Office of Transportation and Air 
Quality, to the Air Program Managers, the subject of which is ``1 Hour 
Ozone Maintenance Plans Containing Basic I/M Programs.'' A copy of this 
memorandum may be obtained at https://www.epa.gov/ttn/oarpg/t1pgm.html 
under the file date ``5-12-04.''

III. What Is EPA's Analysis of Kentucky's Demonstration of Non-
Interference With the 1-Hour Ozone and CO NAAQS?

A. EPA's Analysis of Kentucky's Demonstration of Non-Interference With 
the 1-Hour Ozone NAAQS

    The November 12, 2004, Kentucky SIP revision seeking removal of the 
VET Program includes an evaluation for the 1-hour ozone NAAQS of the 
potential emission impacts associated with increased emissions that 
would result from removal of the Northern Kentucky VET Program as an 
active control measure in the SIP. For the 1-hour ozone NAAQS, the 
submittal provides VOC and NOX emission inventory data for 
the Northern Kentucky portion (i.e., Boone, Campbell, and Kenton 
Counties) of the Cincinnati-Hamilton MSA for 1996, the year the area 
met the 1-hour ozone NAAQS, and projected emissions through 2010. The 
emission inventory data for the ``Mobile'' source category are 
calculated using MOBILE6.2 because this same model was used to 
determine the emissions reductions from the VET Program needing to be 
replaced. MOBILE6.2 is a model which provides estimates of emissions 
from onroad mobile sources. The mobile source data updated with MOBILE 
6.2 are to replace the MOBILE5a emissions data in the currently 
approved Northern Kentucky 1-Hour Ozone Maintenance Plan, which results 
in updated MVEBs for the year 2010 of 7.68 tons per summer day (tpsd) 
VOC and 17.42 tpsd NOX.
    In Tables 1 and 2 below, the emission inventory projections for 
2005, 2008, and 2010 are updated to reflect the changes proposed by the 
November 12, 2004, submittal, namely removal of the VET Program as an 
active control measure and application of two rules to further control 
VOCs in the Northern Kentucky area. The VOC and NOX emission 
totals for this area include emissions from the point, area, mobile, 
and non-highway (or nonroad) source categories. As shown in Tables 1 
and 2 below, the projected, total VOC and NOX emissions 
without the VET Program for 2005, 2008, and 2010 for the Northern 
Kentucky area all fall below the 1996 attainment year emission levels 
of 45.10 tpsd VOC and 74.13 tpsd NOX. For example, Table 1 
shows the current 2005 total VOC emissions projected for the area are 
34.16 tpsd. By adding the predicted increase of 0.78 tpsd VOC in 2005 
due to the closure of the VET Program, this results in 34.94 tpsd of 
VOC in 2005, which is below the 1996 attainment level of 45.10 tpsd 
VOC. This same analysis proves true when comparing the VOC emissions in 
tpsd of 34.01 in 2008 and 34.40 in 2010 to the 1996 attainment level of 
45.10, and when comparing the NOX emissions in tpsd for 
2005, 2008, and 2010 of 69.13, 65.13, and 64.06, respectively, to the 
1996 attainment level of 74.13 tpsd. The area does not exceed its 1-
hour ozone maintenance level of emissions, even after removal of the 
VET Program. Thus, the Northern Kentucky area demonstrates continued 
maintenance of the 1-hour ozone NAAQS without the Northern Kentucky VET 
Program.

 Table 1.--Total VOC Emissions for the Northern Kentucky Counties (Boone, Campbell, Kenton); Kentucky Portion of
                              the Cincinnati-Hamilton 1-Hour Ozone Maintenance Area
----------------------------------------------------------------------------------------------------------------
           VOC (in tpsd)                1996         1999         2002         2005         2008         2010
----------------------------------------------------------------------------------------------------------------
Total VOC for Northern KY Area*...        45.10        38.41        35.12        34.16        33.44        33.74
VOC Increase Without VET Program..  ...........  ...........  ...........         0.78         0.57         0.66
                                   --------------
    Total VOC for Northern KY Area  ...........  ...........  ...........        34.94        34.01        34.40
     Without VET Program..........
----------------------------------------------------------------------------------------------------------------
*Emissions reflect updated mobile emissions using MOBILE6.2.


 Table 2.--Total NOX Emissions for the Northern Kentucky Counties (Boone, Campbell, Kenton); Kentucky Portion of
                              the Cincinnati-Hamilton 1-Hour Ozone Maintenance Area
----------------------------------------------------------------------------------------------------------------
           NOX (in tpsd)                1996         1999         2002         2005         2008         2010
----------------------------------------------------------------------------------------------------------------
Total NOX for Northern KY Area*...        74.13        74.82        71.53        68.84        65.11        63.97
NOX Increase Without VET Program..  ...........  ...........  ...........         0.29         0.02         0.09
                                   --------------
    Total NOX for Northern KY Area  ...........  ...........  ...........        69.13        65.13        64.06
     Without VET Program..........
----------------------------------------------------------------------------------------------------------------
*Emissions reflect updated mobile emissions using MOBILE6.2.


[[Page 17033]]

B. Updated MVEBs for 2010

    In the November 12, 2004, submittal, Kentucky notes that the MVEBs 
established for the year 2010 for the Kentucky portion of the 
Cincinnati-Hamilton MSA (i.e., the Northern Kentucky area) are also 
updated using MOBILE6.2. A MVEB is the projected level of controlled 
emissions from the transportation sector (mobile sources) that is 
estimated in the SIP. The SIP controls emissions through regulations, 
for example, on fuels and exhaust levels for cars. 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.
    The 2010 MVEBs were originally established by Kentucky and Ohio for 
this area as a part of the 1-hour ozone maintenance plan that was 
associated with the redesignation of this area to attainment of the 1-
hour ozone NAAQS. Subsequently, both Kentucky and Ohio revised the 2010 
MVEBs for this area, and established individual State MVEBs for their 
respective portions of the Cincinnati 1-hour ozone maintenance area. 
Kentucky's revised 2010 MVEBs, applicable only to Boone, Kenton and 
Campbell counties in Kentucky, were approved by EPA on May 30, 2003, 
through final rulemaking (68 FR 104). These MVEBs, which included an 
allocation from the available safety margin, were developed with the 
MOBILE5 emissions factor model, and are 7.02 tpsd of VOC and 17.33 tpsd 
of NOX. The establishment of the individual State MVEBs for 
these areas allows each State to implement the conformity requirements 
independent of one another. Today's action relates only to revisions to 
the Kentucky 2010 MVEBs.
    EPA is proposing to approve the updated 2010 MVEBs of 7.68 tpsd VOC 
and 17.42 tpsd NOX because the total emissions from all 
sources in the Northern Kentucky area remain below the 1996 attainment 
levels, as depicted in Tables 1 and 2 above. These revised MVEBs were 
developed with the MOBILE6.2 mobile emissions factor model and do not 
include an allocation from the available safety margin. Upon final 
approval of these updated MVEBs, the budgets will be used by the 
Northern Kentucky area to determine transportation conformity.

C. EPA's Analysis of Kentucky's Demonstration of Non-Interference With 
the CO NAAQS

    The November 12, 2004, submittal does not include a demonstration 
of non-interference with the CO standard to show that the CO increases 
expected from closure of the VET Program will not interfere with 
continued attainment of the CO NAAQS in the Northern Kentucky area. 
Because CO is one of the applicable requirements of the Act, Kentucky 
will need to include a demonstration of non-interference for CO in the 
final SIP submittal. In Kentucky's July 16, 2004, proposed SIP 
revision, the Commonwealth provided data showing that CO levels are 
expected to increase by 12.5 tpsd in 2005 due to discontinuation of the 
VET Program.
    The Northern Kentucky area has always been attainment for the CO 
NAAQS, and CO monitoring data from the years 1991-2001 show CO levels 
trending downward. Specifically, in 1991, CO levels in Northern 
Kentucky were 77 percent below the 1-hour and 46 percent below the 8-
hour CO standards. In contrast, monitored CO levels in 2001 fell 93 
percent below the 1-hour and 80 percent below the 8-hour CO standards. 
Based on a preliminary review of this data, EPA believes closure of the 
VET Program will not interfere with continued attainment of the CO 
NAAQS in the Northern Kentucky area.

IV. What Is EPA's Analysis of Kentucky's Demonstration of Non-
Interference With the 8-Hour Ozone and Fine Particulate Matter NAAQS?

A. What Criteria Must Be Met?

    EPA designated the Kentucky Counties of Boone, Campbell, and Kenton 
nonattainment for the 8-hour ozone NAAQS on April 30, 2004 (69 FR 
23858), effective June 15, 2004. EPA designated these same counties 
nonattainment for the PM2.5 NAAQS in a final action 
published January 5, 2005 (70 FR 944), effective April 5, 2005. For an 
area such as the Northern Kentucky area that does not yet have an 
attainment demonstration for the new 8-hour ozone and PM2.5 
NAAQS, EPA has provided its interpretation of section 110(1) of the 
Clean Air Act in a May 11, 2004, letter from EPA to Louisville's 
Assistant County Attorney. (To view a copy of this letter, go to the 
RME Web site, https://docket.epa.gov/rmepub/, enter the Docket ID for 
this action, R04-OAR-2004-KY-0003, and click on the appropriate 
Document ID.) A strict interpretation of the requirement in section 
110(1) of the Clean Air Act would allow EPA to approve a SIP revision 
removing a SIP requirement only after determining, based on a completed 
attainment demonstration, that it would not interfere with applicable 
requirements concerning attainment and reasonable further progress. 
However, EPA recognizes that prior to the time areas are required to 
submit attainment demonstrations for the 8-hour ozone and 
PM2.5 NAAQS, this strict interpretation could prevent any 
changes to SIP control measures. EPA does not believe this strict 
interpretation is necessary or appropriate.
    Prior to the time that attainment demonstrations are due for the 8-
hour ozone and PM2.5 standards, it is unknown what suite of 
control measures are needed for a given area to attain these standards. 
During this period, to demonstrate no interference with any applicable 
NAAQS or requirement of the Clean Air Act under section 110(l), EPA 
believes it is appropriate to allow States to substitute equivalent 
emissions reductions to compensate for the control measure being moved 
from the active portion of the SIP to the contingency provisions, as 
long as actual emissions in the air are not increased. EPA concluded 
that preservation of the status quo air quality during the time new 
attainment demonstrations are being prepared will prevent interference 
with the States' obligations to develop timely attainment 
demonstrations.
    ``Equivalent'' emissions reductions mean reductions which are equal 
to or greater than those reductions achieved by the control measure to 
be removed from the active portion of the SIP. To show the 
compensating, emissions reductions are equivalent, modeling or adequate 
justification must be provided. (EPA memorandum from John Calcagni, 
Director, Air Quality Management Division, to the Air Directors in EPA 
Regions 1-10, September 4, 1992, pages 10 and 13.) As stated in the May 
11, 2004, letter referenced earlier, the compensating, equivalent 
reductions must represent actual, new emissions reductions achieved in 
a contemporaneous time frame to the termination of the existing SIP 
control measure, in order to preserve the status quo level of emissions 
in the air. In addition to being contemporaneous, the equivalent 
emissions reductions must also be permanent, enforceable, quantifiable, 
and surplus to be approved into the SIP.

[[Page 17034]]

B. What Is EPA's Analysis of Whether the Proposed Reductions Meet the 
Criteria of Contemporaneous, Equivalent, Quantifiable, Permanent, 
Enforceable, and Surplus?

    The November 12, 2004, submittal proposes equivalent VOC emissions 
reductions for the Northern Kentucky VET Program from two Kentucky 
rules. The following is a description of how the proposed VOC emissions 
reductions from two Kentucky rules, 401 KAR 59:185 and 401 KAR 59:760, 
meet the six criteria of contemporaneous, equivalent (or greater), 
permanent, enforceable, quantifiable, and surplus.
1. Contemporaneous
    While ``contemporaneous'' is not explicitly defined in the Clean 
Air Act, a reasonable interpretation is to enact the compensating, 
equivalent emissions reductions within one year (prior to or following) 
the cessation of the substituted control measure. The State effective 
date of revisions to regulation 401 KAR 59:185 is January 4, 2005. The 
State effective date of 401 KAR 59:760 is likely to occur, at the 
latest, during the March-April 2005 timeframe, contingent on the 
typical schedule of Kentucky's rulemaking process, with the emergency 
version of this rule already in effect as of November 15, 2004. The 
November 12, 2004, submittal requests two different effective dates for 
the VET Program's closure. Kentucky will clarify in the final submittal 
the correct date requested. The actual effective date is contingent 
upon EPA's final action. In accordance with Kentucky Senate Joint 
Resolution 3 dated March 29, 2004, the closure of the Northern Kentucky 
VET Program is legislated to occur once EPA approves, through 
rulemaking, a revision to the Kentucky SIP incorporating compensating, 
equivalent emissions reductions to replace the VET Program. (To view a 
copy of the Senate Joint Resolution 3, please see Appendix A of the 
November 12, 2004, submittal available in EPA's RME system.) As long as 
closure of the VET Program occurs within one year from the replacement 
emissions reductions, these reductions will be contemporaneous to the 
emissions reductions from both rules, 401 KAR 59:185 and 401 KAR 
59:760.
2. Equivalent
    The VET Program reduces emissions of VOC, NOX, and CO. 
VOC and NOX are contributors (``precursors'') to the 
formation of ground-level ozone and fine particulate matter. Thus, the 
increase in VOC and NOX need to be offset with equivalent 
(or greater) emissions reductions from another control measure(s) in 
order to demonstrate non-interference with the 8-hour ozone and 
PM2.5 NAAQS. Substitute CO emissions reductions are not 
needed for this demonstration because the area is attaining the CO 
NAAQS and CO levels in the area are well below the standard, as noted 
in section III.C. of this document. It is unlikely that removing the 
VET Program will interfere with the area's ability to continue to 
attain the CO NAAQS.
    a. Selection of the Year 2005 To Estimate Emission Increases From 
Closure of the Northern Kentucky VET Program. To demonstrate that the 
VOC emissions reductions from 401 KAR 59:185 and 401 KAR 59:760 provide 
the equivalent benefit of the VOC and NOX emissions 
reductions achieved by the VET Program, Kentucky first identified the 
expected increases in emissions due to closure of the program for the 
years 2005, 2008, and 2010. As shown in Table 3 below, VOC and 
NOX emissions from onroad mobile sources are expected to 
increase in 2005 by 0.78 tpsd and 0.29 tpsd, respectively, due to 
closure of the Northern Kentucky VET Program. In 2008 and 2010, 
expected VOC and NOX reductions from the VET Program 
decline. In particular, NOX reductions are predicted to be 
0.02 tpsd in 2008 and 0.09 tpsd for 2010. Thus, the year 2005 provides 
the greatest number of VET Program emissions that need to be replaced. 
For these reasons, EPA believes that analyzing emissions for 2005 is 
conservative, and represents the greatest impact on air quality from 
the Program's closure beginning in 2005, when emissions from the loss 
of the Program would first impact the area.
    Kentucky used MOBILE6.2, EPA's latest version of the mobile model 
for estimating onroad mobile source emissions, to develop the onroad 
mobile emission estimates for the Northern Kentucky area. The 
MOBILE6.2-based emissions are proposed to replace the Mobile5a-
generated emissions in the current, approved 1-hour ozone maintenance 
plan for the Northern Kentucky area.

                          Table 3.--Emission Increases from Closure of the VET Program
----------------------------------------------------------------------------------------------------------------
                                     Onroad VOC mobile emissions (tpsd)      Onroad NOX mobile emissions (tpsd)
             Strategy             ------------------------------------------------------------------------------
                                       2005         2008         2010          2005         2008         2010
----------------------------------------------------------------------------------------------------------------
With VET Program.................         8.98         7.33         7.02         24.21        19.30        17.33
Without VET Program..............         9.76         7.90         7.68         24.50        19.32        17.42
Emission Increases without VET            0.78         0.57         0.66          0.29         0.02         0.09
 Program.........................
----------------------------------------------------------------------------------------------------------------

    b. Methodology for Substituting VOC for NOX to Determine 
All ``VOC-Equivalent'' Needed To Replace the VET Program. To determine 
the equivalent number of VOCs to replace 0.78 tpsd VOC and 0.29 tpsd 
NOX emissions reductions predicted in 2005 from the VET 
Program, Kentucky converted the 0.29 tpsd of NOX into VOC 
using an equation developed in accordance with the August 5, 1994, EPA 
memorandum, ``Clarification of Policy for Nitrogen Oxides 
(NOX) Substitution,'' from John Seitz. This memorandum 
pertains to EPA's ``NOX Substitution Guidance'' (December 
1993). The guidance acknowledges that controlling only VOCs may not be 
the most effective approach in all areas for attaining the ozone 
standard, and allows for substitution of NOX for VOC 
emissions reductions required for Reasonable Further Progress, 
contingent upon approval by EPA. The 1994 memorandum further clarifies 
that NOX for VOC substitution is a viable approach prior to 
completing modeling to support an area's attainment demonstration. 
Using the principles of EPA's NOX Substitution Guidance, EPA 
will similarly allow substitution of VOC for NOX emissions 
reductions on a percentage basis, where it is demonstrated that VOC 
emissions reductions are effective in attaining or maintaining the 
ozone NAAQS. Furthermore, the most recent authoritative assessments of 
ozone control approaches 1 2 have concluded that although a 
NOX control strategy

[[Page 17035]]

would be most effective for reducing regional scale ozone transport, 
VOC reductions are most effective in more dense urbanized areas. The 
Kentucky Counties of Boone, Campbell, and Kenton are in the Cincinnati-
Hamilton MSA adjacent to the highly populated Ohio Counties of Hamilton 
and Clermont.
---------------------------------------------------------------------------

    \1\ Ozone Transport Assessment Group OTAG Final Report, 1997.
    \2\ NARSTO, An Assessment of Tropospheric Ozone Pollution--A 
North American Perspective, July 2000.
---------------------------------------------------------------------------

    To determine the amount of VOC that will provide equivalent ozone 
reduction benefits as the 0.29 tpsd of NOX, Kentucky used 
the following equation in accordance with EPA guidance: (NOX 
increase due to closure of the VET Program)/(Total NOX 
Emissions for the Northern Kentucky Area) x (Total VOC Emissions for 
the Northern Kentucky Area) = Equivalent VOC emissions reductions 
required. This equation incorporates calculation of the VOC/
NOX ratio, which determines what a one percent reduction in 
VOC is equivalent to, in tpsd, for a one percent reduction in 
NOX. This ratio is based upon EPA's NOX 
Substitution Guidance (December 1993). To calculate the VOC/
NOX ratio, the area's total VOC emissions are divided by the 
area's total NOX emissions from all source categories for a 
given year. For example, the 2005 VOC/NOX ratio is: (32.56 
tpsd VOC)/(64.77 tpsd NOX) = (1 percent VOC reduction)/(1 
percent NOX reduction) = 0.50 tpsd VOC/1.0 tpsd 
NOX. Thus, to reduce 1.0 tpsd of NOX, 0.50 tpsd 
of VOC is required to be reduced. Using this same calculation, the 
ratios for 2008 and 2010 are 0.52 tpsd VOC/1.0 tpsd NOX and 
0.53 tpsd VOC/1.0 tpsd NOX, respectively. In the 2005 
example, the VOC/NOX ratio is then applied as follows to 
solve for ``X'': 0.50 tpsd VOC/1.0 tpsd NOX = X tpsd VOC/
0.29 tpsd NOX. For 2005, ``X'' equals 0.145 or, with 
rounding, 0.15 tpsd of VOC must be reduced to be equivalent to a 0.29 
tpsd reduction of NOX. Similar calculations for 2008 and 
2010 show that the equivalent amount of VOC emissions reductions needed 
to replace the 0.29 tpsd NOX are 0.151 tpsd and 0.154 tpsd, 
respectively, which both round to 0.15 tpsd VOC. This analysis shows 
that the year used to develop the VOC/NOX ratio does not 
alter, after rounding, the resulting amount of 0.15 tpsd VOC-equivalent 
for 0.29 tpsd of NOX.
    In the November 2004 submittal, Kentucky's methodology applied 
total VOC and NOX emission data for the year 2010 in the 
``VOC Equivalent Emissions'' equation above because this provides the 
greatest number of VOC-equivalent emissions to replace. Kentucky 
computed the VOC-equivalent to the 0.29 tpsd of NOX 
emissions reductions expected in 2005 from the VET Program as follows: 
(0.29 tpsd NOX)/(63.77 tpsd NOX) x (34.05 tpsd 
VOC) = 0.1548 or, with rounding, 0.15 tpsd VOC. In the final submittal, 
Kentucky will clarify references to the VOC/NOX ratio in the 
November 2004 proposed revision to show how the ratios derived in 
Appendices B and E are used in the ``VOC Equivalent Emissions'' 
equation above.
    c. Equivalent Emissions Reductions From Two Kentucky Rules. To 
calculate the total number of VOC emissions reductions needed to 
replace the VET Program, Kentucky added the 0.15 tpsd VOC-equivalent of 
0.29 tpsd NOX to the 0.78 tpsd VOC emissions increase 
expected in 2005 from closure of the program, yielding 0.93 tpsd VOC 
(i.e., 0.15 + 0.78). Thus, 0.93 tpsd of VOC emissions reductions are 
needed to replace the VET Program.
    As explained in the following section, ``4. Quantifiable,'' 
revisions to rule 401 KAR 59:185 and new rule 401 KAR 59:760 are 
expected to reduce VOCs in 2005 by 0.71 tpsd and 0.27 tpsd, 
respectively, yielding a total of 0.98 tpsd VOC emissions reductions 
(i.e., 0.71 + 0.27 = 0.98) from these rules. These emissions reductions 
exceed the 0.93 tpsd VOCs needed to replace the VET Program by 0.05 
tpsd (i.e., 0.98-0.93 = 0.05).
    Therefore, based on this conservative equivalency analysis, the 
proposed 0.98 tpsd of VOC reductions from the two Kentucky rules are 
equivalent, in terms of reduced ozone formation benefits, to the VOC 
and NOX reductions from the VET Program. In addition, VOC 
and NOX, the relevant pollutants controlled by the VET 
Program, are contributing precursors to the formation of 
PM2.5 and thus, EPA concludes that these equivalent 
reductions also demonstrate non-interference with the PM2.5 
NAAQS.
3. Quantifiable
    The November 12, 2004, submittal shows that in 2005, 0.71 tpsd of 
VOC will be reduced through the revisions to rule 401 KAR 59:185, and 
0.27 tpsd of VOCs will be reduced through rule 401 KAR 59:760. The 
emissions reductions meet the criterion for quantifiable, as the VOC 
emissions reductions may be calculated as follows.
    The rule revisions to 401 KAR 59:185 establish a vapor pressure 
limit for solvents used in cold cleaning degreasing operations in the 
Northern Kentucky Counties of Boone, Campbell, and Kenton. Section 
4(3)(a) of the regulation requires that vendors provide in these 
counties only solvents with a vapor pressure at or below 1.0 
millimeters (mm) of mercury measured at 20 degrees Celsius for solvents 
sold in units greater than five gallons for use in cold cleaners. 
Section 4(3)(b) prohibits operations of a cold cleaner using a solvent 
exceeding the vapor pressure limit described for section 4(3)(a). In 
addition, section 4(4) of the regulation requires users to keep records 
of their solvent purchases.
    To determine the amount of VOC reductions from revisions to 401 KAR 
59:185 affecting the Northern Kentucky counties, the projected 2005 
cold cleaning degreasing emissions (in tpsd) for these counties are 
multiplied by 67 percent, which is the control efficiency (CE) of the 
rule, and 80 percent, which is the rule effectiveness (RE) factor. The 
CE provides an estimate of the percent VOC reduction expected from 
lowering the vapor pressure limit in the rule as described above. The 
67 percent CE has been used in similar cold cleaning degreasing 
regulations in the States of Indiana, Illinois, and Maryland. The RE 
factor of 80 percent is an EPA estimate of the effectiveness of this 
type of rule. The results of this calculation provide the 2005 cold 
cleaning degreasing estimated emissions reductions. For example, in 
Boone County, 0.32 tpsd of VOC emissions are projected for 2005 from 
cold cleaning degreasing. This 2005 cold cleaning degreasing projection 
was derived from identifying the percent contribution to the 2005 VOC 
projections from the total solvent degreasing area source category 
listed in Appendix I of the Northern Kentucky 1-Hour Ozone Maintenance 
Plan approved by EPA into the Kentucky SIP. Using EPA emission factors, 
Kentucky determined that cold cleaning degreasing VOC emissions 
contribute 84 percent to the total solvent degreasing emission 
projection of 0.38 tpsd VOC, i.e., (0.38 tpsd VOC) x (84 percent) = 
0.32 tpsd VOC. Using the multipliers described above for the Boone 
County example, (0.32 tpsd VOC) x (67 percent CE) x (80 percent RE) = 
0.17 tpsd VOC cold cleaning degreasing emissions are expected to be 
reduced in 2005 from the rule revisions. Table 4 below presents the VOC 
reductions expected for Boone, Campbell, and Kenton Counties from the 
revisions to 401 KAR 59:185, which total 0.71 tpsd VOC.

[[Page 17036]]



                       Table 4.--Cold Cleaning Degreasing VOC Emissions Reductions (tpsd)
----------------------------------------------------------------------------------------------------------------
                                                                                2005 Cold
                                                                                 cleaning          2005 Cold
                                                           Projected 2005       degreasing          cleaning
                                                           cold cleaning        estimated          degreasing
                         County                              degreasing         emissions          estimated
                                                          emissions (tpsd)      reductions         emissions
                                                                              (tpsd)--(CE) x   reductions (tpsd)
                                                                                   (RE)
----------------------------------------------------------------------------------------------------------------
Boone..................................................               0.32      (67%) x (80%)               0.17
Campbell...............................................               0.36      (67%) x (80%)               0.19
Kenton.................................................               0.66      (67%) x (80%)               0.35
                                                        --------------------
    Total..............................................               1.34  .................               0.71
----------------------------------------------------------------------------------------------------------------

    To determine the amount of VOC reductions in the Northern Kentucky 
counties from new rule, 401 KAR 59:760, calculations similar to what 
are described for 401 KAR 59:185 are made. Kentucky applied a 35 
percent CE for implementation of high transfer efficiency spray gun 
technology required by this rule. This 35 percent CE is based on 
figures provided in the Ozone Transport Commission Pechan Report, dated 
March 31, 2001, and CEs approved by EPA in other areas. Kentucky also 
applied EPA's default 80 percent RE factor, resulting in 0.27 tpsd VOC 
are predicted to be reduced in 2005 from 401 KAR 59:760. Table 5 below 
presents the VOC reductions expected for Boone, Campbell, and Kenton 
Counties from 401 KAR 59:760, which total 0.27 tpsd VOC.

                   Table 5.--2005 Mobile equipment refinishing VOC emissions reductions (tpsd)
----------------------------------------------------------------------------------------------------------------
                                                                             Estimated mobile
                                                                                equipment         2005 Mobile
                                                           Projected 2005      refinishing         equipment
                         County                           mobile equipment      emissions         refinishing
                                                            refinishing         reductions         emissions
                                                          emissions (tpsd)    (tpsd)--(CE) x   reductions (tpsd)
                                                                                   (RE)
----------------------------------------------------------------------------------------------------------------
Boone..................................................               0.27      (35%) x (80%)               0.08
Campbell...............................................               0.26      (35%) x (80%)               0.07
Kenton.................................................               0.43      (35%) x (80%)               0.12
                                                        --------------------
    Total..............................................               0.96  .................               0.27
----------------------------------------------------------------------------------------------------------------

    EPA has reviewed the calculations, methodology, and supporting 
analyses provided by Kentucky and agrees with the 2005 VOC emission 
reduction estimates of 0.71 tpsd and 0.27 tpsd for 401 KAR 59:185 and 
401 KAR 59:760, respectively, described above and summarized in Tables 
4 and 5.
4. Permanent
    The emissions reductions from Kentucky rules, 401 KAR 59:185 and 
401 KAR 59:760, are made permanent through Kentucky's rulemaking 
process. Once State effective, these regulations have the full force of 
a law and establish obligatory requirements applicable to affected 
groups. EPA's approval of the final SIP revision will incorporate 
revisions to 401 KAR 59:185 and new rule 59:760 into the federally 
enforceable Kentucky SIP. EPA is not taking action on emergency rule, 
401 KAR 59:760E, included in the November 12, 2004, submittal because 
the rule has an expiration date under Kentucky Revised Statute 13A.190, 
and thus, is not permanent. Since the emissions reductions from the 
emergency rule are not included in the calculation of equivalent 
emissions reductions needed to replace the VET Program, EPA inaction on 
this rule does not affect the approvability of this proposed revision.
5. Enforceable
    The emissions reductions are enforceable by the Commonwealth of 
Kentucky as of the State effective date of these regulations. Upon 
final approval into the Kentucky SIP, revised rule 401 KAR 59:185 and 
new rule 59:760 will be Federally enforceable by the EPA, as of the 
effective date of EPA's final rulemaking.
6. Surplus
    The VOC emissions reductions from Kentucky's two rules are surplus 
for two reasons. The emissions reductions go beyond the reductions 
already required in the Kentucky SIP, and the reductions are not from a 
Federal Control Measure that would occur without any State or local 
action. Specifically, the 0.71 tpsd of VOC emissions reductions from 
revisions to 401 KAR 59:185 are due to new provisions created in 
sections 4(3) and 4(4) which prohibit the sale and use of solvents with 
vapor pressure limits exceeding that specified in the regulation. Rule 
401 KAR 59:760 is a new regulation proposed for inclusion into the 
Kentucky SIP, which will provide 0.27 tpsd of VOC emissions reductions 
in 2005 from requirements to use high transfer efficiency spray gun 
technology at mobile equipment refinishing operations in Northern 
Kentucky.

V. What Is EPA's Proposed Action?

    EPA is proposing to move 401 KAR 65:010, ``Vehicle emission control 
programs'' from the active control measure portion of the Kentucky SIP 
to the contingency measures section of the Northern Kentucky 1-Hour 
Ozone Maintenance Plan. EPA is also proposing to approve revisions to 
Kentucky rule 401 KAR 59:185, ``New solvent metal cleaning equipment'' 
and the addition of new rule 401 KAR 59:760, ``Commercial Motor Vehicle 
and Mobile Equipment Refinishing Operations,'' into the Kentucky SIP. 
Finally, EPA is proposing to approve updated mobile source category 
emission projections using MOBILE6.2, with updated, subarea MVEBs of 
7.68 tpsd VOC and 17.42 tpsd NOX for the year 2010. EPA's 
proposed approval is contingent upon Kentucky addressing

[[Page 17037]]

the requested clarifications in EPA's December 29, 2004, comment letter 
on this proposed SIP revision. Kentucky must include a demonstration of 
non-interference with the CO NAAQS, as demonstrated by very low levels 
of ambient CO--well below the NAAQS--and the fact that the area is in 
attainment of the CO NAAQS. Kentucky must also clarify references to 
the VOC/NOX ratio and modify subsection (1)(j) of section 3, 
``Operating requirements,'' of 401 KAR 59:760. This subsection uses 
language which mirrors that of the Ozone Transport Commission model 
rule. However, to be consistent with current Agency policy, this 
language needs to be revised to include some form of public review for 
determining other coating application methods which achieve emissions 
reductions equivalent to high volume low pressure or electrostatic 
spray application methods. In the current language proposed, the 
Kentucky Cabinet makes this determination.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve State law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 (Public Law 104-4).
    This proposed 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 proposes to approve a State rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. 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 proposed 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.).

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 25, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-6631 Filed 4-1-05; 8:45 am]
BILLING CODE 6560-50-P