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, 55550-55559 [05-18959]
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations
[FR Doc. 05–18957 Filed 9–21–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[R04–OAR–2005–KY–0001–200521(a); FRL–
7972–9]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Kentucky; Redesignation of
the Christian County, Kentucky Portion
of the Clarksville-Hopkinsville 8-Hour
Ozone Nonattainment Area to
Attainment for Ozone
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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 8hour 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 8hour 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
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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: 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
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: difrank.stacy@epa.gov.
4. Fax: 404.562.9019.
5. Mail: ‘‘R04–OAR–2005–KY–0001,’’
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
6. Hand Delivery or Courier. Deliver
your comments to: Stacy DiFrank,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
RME ID No. R04–OAR–2005–KY–0001.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at 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.
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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.
FOR FURTHER INFORMATION CONTACT:
Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9042.
Ms. Stacy DiFrank can also be reached
via electronic mail at
difrank.stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the Actions is EPA Taking?
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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 8hour ozone standard, and the Christian
County, Kentucky portion has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. The
Christian County portion of the
Clarksville-Hopkinsville area is a basic
8-hour nonattainment ozone area.
Christian County is located in the
Clarksville-Hopkinsville, TennesseeKentucky Metropolitan Statistical Area,
which contains Christian County,
Kentucky and Montgomery County,
Tennessee. EPA is approving a request
to change the legal designation of
Christian County, Kentucky from
nonattainment to attainment for the 8hour ozone NAAQS.
EPA is also approving Kentucky’s 8hour 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 https://
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.
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II. What Is the Background for the
Action?
Ground-level ozone is not emitted
directly by sources. Rather, emissions of
nitrogen oxides (NOX) and volatile
organic compounds (VOCs) react in the
presence of sunlight to form groundlevel ozone. NOX and VOC are referred
to as precursors of ozone. The CAA
establishes a process for air quality
management through the NAAQS.
On July 18, 1997, EPA promulgated a
revised 8-hour ozone standard of 0.08
parts per million (ppm). This new
standard is more stringent than the
previous 1-hour ozone standard. Under
EPA regulations at 40 CFR part 50, the
8-hour ozone standard is attained when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.08 ppm (i.e. 0.084 ppm when
rounding is considered). (See 69 FR
23857 (April 30, 2004) for further
information). Ambient air quality
monitoring data for the 3-year period
must meet a data completeness
requirement. The ambient air quality
monitoring data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined in Appendix I of part 50.
Specifically, section 2.3 of 40 CFR part
50, Appendix I, ‘‘Comparisons with the
Primary and Secondary Ozone
Standards’’ states:
‘‘The primary and secondary ozone
ambient air quality standards are met at an
ambient air quality monitoring site when the
3-year average of the annual fourth-highest
daily maximum 8-hour average ozone
concentration is less than or equal to 0.08
ppm. The number of significant figures in the
level of the standard dictates the rounding
convention for comparing the computed 3year 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
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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 8hour 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 8hour ambient air quality design values.
The Clarksville-Hopkinsville area was
originally designated as a ‘‘basic’’ 8hour ozone nonattainment area by EPA
on April 30, 2004, (69 FR 23857) and is
subject to subpart 1 of part D. In 2004,
the ambient ozone data for the interstate
Clarksville-Hopkinsville nonattainment
area indicated no further violations of
the 8-hour ozone standard, using data
from the 3-year period of 2002–2004
(with the 2002–2004 design value of
0.082 ppm), to demonstrate attainment.
Available preliminary monitoring data
through August 2005 indicates
continued attainment of the 8-hour
ozone standard. EPA expects to take
action on a request to redesignate the
Tennessee portion of the area (i.e.,
Montgomery County) to attainment for
the 8-hour ozone NAAQS in a separate
action.
On May 20, 2005, the Commonwealth
of Kentucky requested redesignation to
attainment for the 8-hour ozone
standard for the Christian County,
Kentucky portion of the ClarksvilleHopkinsville interstate 8-hour ozone
area. The redesignation request includes
three years of complete, quality-assured
ambient air quality data for the ozone
seasons of 2002 through 2004,
indicating the 8-hour ozone NAAQS
had been achieved for the ClarksvilleHopkinsville area (of which Christian
County, Kentucky is a part). The ozone
season for this area is from April 1 until
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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 8hour ozone NAAQS found at 40 CFR
part 81. It would also incorporate into
the Kentucky SIP a plan for maintaining
the 8-hour ozone NAAQS in the area
through 2016. The maintenance plan
includes contingency measures to
remedy future violations of the 8-hour
ozone NAAQS, and would establish
MVEBs of 3.83 tons per day (tpd) and
2.08 tpd for VOC, and 9.53 tpd and 3.83
tpd for NOX for the years 2004 and
2016, respectively.
VI. What is EPA’s Analysis of the
Request?
EPA is making the determination that
the Clarksville-Hopkinsville 8-hour
ozone nonattainment area has attained
the 8-hour ozone standard, and that all
redesignation criteria have been met.
The basis for EPA’s determination is as
follows:
(1) The Clarksville-Hopkinsville area
has attained the 8-hour ozone NAAQS
EPA is making the determination that
the area has attained the 8-hour ozone
NAAQS. For ozone, an area may be
considered to be attaining the 8-hour
ozone NAAQS if there are no violations,
as determined in accordance with 40
CFR 50.10 and Appendix I of part 50,
based on three complete, consecutive
calendar years of quality-assured air
quality monitoring data. To attain this
standard, the 3-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations measured
at each monitor within an area over
each year must not exceed 0.08 ppm.
Based on the rounding convention
described in 40 CFR part 50, Appendix
I, the standard is attained if the design
value is 0.084 ppm or below. The data
must be collected and quality-assured in
accordance with 40 CFR part 58, and
recorded in the EPA Air Quality System
(AQS). The monitors generally should
have remained at the same location for
the duration of the monitoring period
required for demonstrating attainment.
KDAQ submitted ozone monitoring
data for the ozone seasons from 2002 to
2004. This data has been quality assured
and is recorded in AQS. The fourth high
averages for 2002, 2003 and 2004, and
the 3-year average of these values (i.e.
design value), are summarized in the
following table:
County
2002
2003
2004
2002–2004
Christian .........................................................................................................................................................
0.093
0.080
0.074
0.082
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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
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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
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55553
the transport of air pollutants (NOX SIP
Call, Clean Air Interstate Rule (CAIR)).
EPA has also found, generally, that
states have not submitted SIPs under
section 110(a)(1) to meet the interstate
transport requirements of section
110(a)(2)(D)(i). However, the section
110(a)(2)(D) requirements for a state are
not linked with a particular
nonattainment area’s designation and
classification in that state. EPA believes
that the requirements linked with a
particular nonattainment area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. The
transport SIP submittal requirements,
where applicable, continue to apply to
a state regardless of the designation of
any one particular area in the state.
Thus, we do not believe that these
requirements should be construed to be
applicable requirements for purposes of
redesignation. In addition, EPA believes
that the other section 110 elements not
connected with nonattainment plan
submissions and not linked with an
area’s attainment status are not
applicable requirements for purposes of
redesignation. The State will still be
subject to these requirements after the
area is redesignated. The section 110
and part D requirements, which are
linked with a particular area’s
designation and classification, are the
relevant measures to evaluate in
reviewing a redesignation request. This
policy is consistent with EPA’s existing
policy on applicability of conformity
(i.e. for redesignations) and oxygenated
fuels requirements, as well as with
section 184 ozone transport
requirements. See Reading,
Pennsylvania, proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Loraine, Ohio,
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final
rulemaking at (60 FR 62748, December
7, 1995). See also the discussion on this
issue in the Cincinnati redesignation (65
FR 37890, June 19, 2000), and in the
Pittsburgh redesignation (66 FR 50399,
October 19, 2001). In addition,
Kentucky’s response to the CAIR rule is
not due until September 2006.
EPA believes that section 110
elements not linked to the area’s
nonattainment status are not applicable
for purposes of redesignation.
Nonetheless, EPA also notes that it has
previously approved provisions in the
Kentucky SIP addressing section 110
elements under the 1-hour standard (47
FR 30059, July 12, 1982). EPA believes
that the section 110 SIP approved for
the 1-hour standard is sufficient to meet
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requirements under the 8-hour standard
as well.
Part D requirements: EPA has also
determined that the Kentucky SIP meets
applicable SIP requirements under part
D of the CAA since no requirements
became due prior to submission of the
area’s redesignation request. Sections
172–176 of the CAA, found in subpart
1 of part D, set forth the basic
nonattainment requirements applicable
to all nonattainment areas. Section 182
of the CAA, found in subpart 2 of part
D, establishes additional specific
requirements depending on the area’s
nonattainment classification. Subpart 2
is not applicable to the ClarksvilleHopkinsville area.
Part D, subpart 1 applicable SIP
requirements: For purposes of
evaluating this redesignation request,
the applicable part D, subpart 1 SIP
requirements for all nonattainment areas
are contained in sections 172(c)(1)–(9).
A thorough discussion of the
requirements contained in section 172
can be found in the General Preamble
for Implementation of Title I (57 FR
13498). None of the requirements under
part D became due prior to submission
of the redesignation request, and
therefore none are applicable to the area
for purposes of redesignation. For
example, the requirements for an
attainment demonstration that meets the
requirements of section 172(c)(1) are not
yet applicable, nor are the requirements
for Reasonably Achievable Control
Technology (RACT) and Reasonably
Available Control Measures (RACM)
(section 172(c)(1)), Reasonable Further
Progress (RFP) (section 172(c)(2)), and
contingency measures (section
172(c)(9)).
In addition to the fact that part D
requirements did not become due prior
to submission of the redesignation
request and therefore are not applicable,
EPA believes it is reasonable to interpret
the conformity and new source review
requirements as not requiring approval
prior to redesignation.
Section 176 Conformity
Requirements: Section 176(c) of the
CAA requires states to establish criteria
and procedures to ensure the Federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs and
projects developed, funded or approved
under title 23 of the United States Code
and the Federal Transit Act
(‘‘transportation conformity’’) as well as
to all other Federally supported or
funded projects (‘‘general conformity’’).
State conformity revisions must be
consistent with Federal conformity
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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
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elements applicable in the Christian
County area (45 FR 6092 and 47 FR
30059, July 12, 1982). As indicated
above, EPA believes that the section 110
elements not connected with
nonattainment plan submissions and
not linked to the area’s nonattainment
status are not applicable requirements
for purposes of redesignation. EPA also
believes that since the part D
requirements did not become due prior
to submission of the redesignation
request, they also are therefore not
applicable requirements for purposes of
redesignation.
(3) The air quality improvement in the
Clarksville-Hopkinsville 8-hour ozone
area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP and applicable Federal air pollution
control regulations and other permanent
and enforceable reductions
EPA believes that Kentucky has
demonstrated that the observed air
quality improvement in the area is due
to permanent and enforceable
reductions in emissions resulting from
implementation of the SIP, Federal
measures, and other state-adopted
measures. EPA has determined that the
implementation of the following
permanent and enforceable emissions
controls, that occurred from 2001–2004,
have reduced local VOC and NOX
emissions and brought the area into
attainment:
—Federal Motor Vehicle Control
Standards in Kentucky;
—EPA’s Tier 2/Low Sulfur Gasoline
program;
—EPA’s Heavy-Duty Engine and Vehicle
and Fuel Standards;
—Federal controls on certain nonroad
engines implemented during the
2002–2004 period;
—Reductions due to the NOX SIP Call;
In addition to the reductions mentioned
above, Kentucky is also relying on the
following controls to maintain the 8hour 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.
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Kentucky has demonstrated that the
implementation of permanent and
enforceable emissions controls have
reduced local VOC and NOX emissions.
Most of the reductions are attributable
to Federal programs such as EPA’s Tier
2/Low Sulfur Gasoline program and
other national clean fuel programs that
began implementation in 2004.
Additionally, Kentucky has indicated in
its submittal that the ClarksvilleHopkinsville area has benefited from
emissions reductions that have been
achieved and will continue to be
achieved through implementation of the
NOX SIP Call, beginning in 2002. Also,
the following non-highway mobile
source reduction programs were
implemented during the 2002–2004
period: small spark-ignition engines,
large-spark ignition engines,
locomotives and land-based diesel
engines. Kentucky has also
demonstrated that year-to-year
meteorological changes and trends are
not the likely source of the overall, longterm improvement in ozone levels. EPA
believes that permanent and enforceable
emissions reductions in and
surrounding the nonattainment area are
the cause of the long-term improvement
in ozone levels, and are the cause of the
area achieving attainment of the ozone
standard. EPA believes that permanent
and enforceable emissions reductions
are the cause of the long-term
improvement in ozone levels, and are
the cause of the area achieving
attainment of the ozone standard.
(4) The area has a fully approved
maintenance plan pursuant to section
175A of the CAA
In conjunction with its request to
redesignate the Christian County,
Kentucky portion of the ClarksvilleHopkinsville 8-hour ozone
nonattainment area to attainment status,
KDAQ submitted a SIP revision to
provide for the maintenance of the 8hour ozone NAAQS in the Christian
County area for at least 10 years after the
effective date of redesignation to
attainment.
a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, Kentucky must
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for the 10
years following the initial 10-year
period. To address the possibility of
future NAAQS violations, the
maintenance plan must contain such
contingency measures, with a schedule
for implementation as EPA deems
necessary to assure prompt correction of
any future 8-hour ozone violations.
Section 175A of the CAA sets forth the
elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. The
Calcagni memorandum, dated
September 4, 1992, provides additional
guidance on the content of a
maintenance plan. An ozone
maintenance plan should address five
requirements: the attainment emissions
inventory, maintenance demonstration,
monitoring, verification of continued
attainment, and a contingency plan.
b. Attainment Emissions Inventory
The Clarksville-Hopkinsville area has
selected 2004 as ‘‘the attainment year’’
for purposes of demonstrating
attainment of the 8-hour ozone NAAQS.
The 2004 VOC and NOX emissions for
the Christian County area were
developed consistent with EPA
guidance and are summarized in the
table in the following subsection.
c. Maintenance Demonstration
The May 20, 2005, submittal includes
a 12-year maintenance plan for
Christian County. This demonstration:
(i) Shows compliance and
maintenance of the 8-hour ozone
standard by assuring that current and
future emissions of VOC and NOX
remain at or below attainment year 2004
emissions levels. The year 2004 was
chosen as the attainment year because it
is one of the most recent three years
(i.e., 2002, 2003, and 2004) for which
the Clarksville-Hopkinsville area has
clean air quality data for the 8-hour
ozone standard.
(ii) Uses 2004 as the attainment year
and includes future inventory projected
years for 2007, 2010, 2013, and 2016.
(iii) Identifies an ‘‘out year’’ at least 10
years after the time necessary for EPA to
review and approve the maintenance
plan. Per 40 CFR part 93, a MVEB was
established for the last year of the
maintenance plan. See section VII
below.
(iv) Provides the following actual and
projected emissions inventories for
Christian County.
NOX EMISSIONS (TPD) FOR CHRISTIAN COUNTY
Source category
2004
2007
2010
2013
2016
Point ...........................................................................................................................................................
Area ...........................................................................................................................................................
Mobile ........................................................................................................................................................
Nonroad .....................................................................................................................................................
1.42
0.14
9.53
3.80
1.48
0.14
8.13
3.55
1.55
0.14
6.59
3.23
1.60
0.14
4.97
2.83
1.67
0.14
3.83
2.38
Total ....................................................................................................................................................
14.89
13.30
11.51
9.54
8.02
2004
2007
2010
2013
2016
Point ...........................................................................................................................................................
Area ...........................................................................................................................................................
Mobile ........................................................................................................................................................
Nonroad .....................................................................................................................................................
1.87
4.40
3.83
1.33
2.04
4.47
3.17
1.14
2.22
4.57
2.68
1.02
2.27
4.50
2.31
0.96
2.46
4.55
2.08
0.93
Total ....................................................................................................................................................
11.43
10.82
10.49
10.04
10.02
VOC EMISSIONS (TPD) FOR CHRISTIAN COUNTY
Source category
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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
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15:53 Sep 21, 2005
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controls following the redesignation of
the area. In the submittal, Kentucky
commits to adopt, within nine months,
one or more contingency measures to reattain the standard, in the event of a
violation of the 8-hour ozone NAAQS in
the Clarksville-Hopkinsville
nonattainment area. Kentucky notes that
all regulatory programs will be
implemented within 18 months.
Specifically, the maintenance plan
includes the following contingency
measures to correct any future
violations of the 8-hour ozone standard:
• Implementation of a program to
require additional emissions reductions
on stationary sources;
• Implementation of a program to
enhance inspection of stationary sources
to ensure emissions control equipment
is functioning properly;
• Implementation of Stage I Vapor
Control;
• Implementation of Stage II Vapor
Recovery;
• Open burning restrictions during
ozone season;
• Implementation of fuel programs,
including incentives for alternative
fuels;
• Restriction of certain roads or lanes
to, or construction of such roads or
lanes for use by, passenger buses or
high-occupancy vehicles;
• Trip-reduction ordinances;
• Employer-based transportation
management plans, including
incentives;
• Programs to limit or restrict vehicle
use in downtown areas, or other areas
of emissions concentration, particularly
during periods of peak use;
• Programs for new construction and
major reconstruction of paths or tracks
for use by pedestrians or by nonmotorized vehicles when economically
feasible and in the public interest.
In addition, the maintenance plan
includes specific provisions that in the
event that a violation of the 8-hour
ozone design value is measured in any
portion of the maintenance area, or if
periodic emissions inventory updates
reveal excessive or unanticipated
growth greater than 10 percent in ozone
precursor emissions, Kentucky will
evaluate existing control measures to
see if any further emissions reduction
measures should be implemented at that
time.
EPA has concluded that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. The maintenance
plan SIP revision submitted by
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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).
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EPA’s process for determining
‘‘adequacy’’ consists of three basic steps:
public notification of a SIP submission,
a public comment period, and EPA’s
adequacy finding. This process for
determining the adequacy of submitted
SIP MVEBs was initially outlined in
EPA’s May 14, 1999 guidance,
‘‘Conformity Guidance on
Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was finalized in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous
Revisions for Existing Areas;
Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change’’
on July 1, 2004 (69 FR 40004). EPA
follows this guidance and rulemaking in
making its adequacy determinations.
Christian County’s 12-year
maintenance plan submission contained
new VOC and NOX MVEBs for the years
2004 and 2016. The availability of the
SIP submission with these 2004 and
2016 MVEBs was announced for public
comment on EPA’s adequacy Web page
on March 29, 2005, at: https://
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
NOX (tpd) ..............................
VOC (tpd) .............................
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9.53
3.83
3.83
2.08
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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 8hour 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.
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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
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Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant and because
the Agency does not have reason to
believe that the rule concerns an
environmental health risk or safety risk
that may disproportionately affect
children.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Redesignation is an action that
affects the status of a geographical area
but does not impose any new
requirements on sources. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 21, 2005. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects:
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: September 13, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 and 81 is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding a new entry at the end of the
table for ‘‘8-Hour Ozone Maintenance
plan for the Christian County, Kentucky
area’’ to read as follows:
I
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
name of nonregulatory SIP
Applicable geographic or nonattainment area
*
*
8-Hour Ozone Maintenance plan for
the Christian County, Kentucky area.
*
*
Christian County .....................
1. The authority citation for part 81
continues to read as follows:
I
15:53 Sep 21, 2005
05/20/2005
EPA approval date
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2. In § 81.318, the table entitled
‘‘Kentucky-Ozone (8-Hour Standard)’’ is
amended by revising the entry for
I
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Explanation
*
*
09/22/2005 [Insert FR page
citation of publication].
Authority: 42 U.S.C. 7401 et seq.
PART 81—[AMENDED]
VerDate Aug<31>2005
State submittal
date/effective
date
*
‘‘Clarksville-Hopkinsville, TN–KY:
Christian County’’ to read as follows:
§ 81.318
*
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Kentucky.
*
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55559
Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations
KENTUCKY-OZONE (8-HOUR STANDARD)
Designation a
Category/Classification
Designated area
Date 1
*
*
*
Clarksville-Hopkinsville, TN–KY Area:
Christian County ...............................................................
*
*
*
Date 1
Type
*
*
*
*
*
*
Type
*
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[R04–OAR–2005–TN–0007–200527(a) FRL–
7973–5]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Tennessee; Redesignation
of the Montgomery County, Tennessee
Portion of the Clarksville-Hopkinsville
8-Hour Ozone Nonattainment Area to
Attainment
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: On August 10, 2005, the State
of Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), Air Pollution
Control Division, submitted a final
request: To redesignate the Montgomery
County, Tennessee portion of the
Clarksville-Hopkinsville 8-hour ozone
nonattainment area to attainment for the
8-hour ozone National Ambient Air
Quality Standard (NAAQS), and to
approve a Tennessee State
Implementation Plan (SIP) revision
containing a 12-year maintenance plan
for Montgomery County, Tennessee. The
interstate Clarksville-Hopkinsville 8hour ozone nonattainment area is
comprised of two counties (i.e.,
Christian County, Kentucky and
Montgomery County, Tennessee). EPA
is approving the 8-hour ozone
redesignation request for the
Montgomery County, Tennessee portion
of the Clarksville-Hopkinsville 8-hour
ozone nonattainment area. Additionally,
EPA is approving the 8-hour ozone
maintenance plan for Montgomery
County, Tennessee. This approval is
based on EPA’s determination that the
VerDate Aug<31>2005
15:53 Sep 21, 2005
Jkt 205001
State of Tennessee has demonstrated
that Montgomery County, Tennessee has
met the criteria for redesignation to
attainment specified in the Clean Air
Act (CAA), including the determination
that the entire Clarksville-Hopkinsville
8-hour ozone nonattainment area has
attained the 8-hour ozone standard. On
March 21, 2005, the Commonwealth of
Kentucky submitted a redesignation
request and maintenance plan for the
Christian County, Kentucky portion of
this area for EPA parallel processing. In
this action, EPA is also providing
information on the status of its
transportation conformity adequacy
determination for the new motor vehicle
emissions budgets (MVEBs) for the year
2016 that are contained in the 12-year
8-hour ozone maintenance plan for
Montgomery County, Tennessee. EPA is
approving such MVEBs.
DATES: This rule is effective on
November 21, 2005, without further
notice, unless EPA receives adverse
written comments by October 24, 2005.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R04–OAR–2005–
TN–0007, by one of the following
methods:
1. Federal eRulemaking Portal:
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
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail:
hoffman.annemarie@epa.gov or
wood.amanetta@epa.gov.
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
4. Fax: (404) 562–9019.
5. Mail: ‘‘R04–OAR–2005–TN–0007,’’
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
6. Hand Delivery or Courier. Deliver
your comments to: Anne Marie Hoffman
or Amanetta Wood, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
RME ID No. R04–OAR–2005–TN–0007.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at 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
E:\FR\FM\22SER1.SGM
22SER1
]]>Agencies
[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Rules and Regulations]
[Pages 55550-55559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18959]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R04-OAR-2005-KY-0001-200521(a); FRL-7972-9]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of
the Christian County, Kentucky Portion of the Clarksville-Hopkinsville
8-Hour Ozone Nonattainment Area to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On March 21, 2005, the Commonwealth of Kentucky, through the
Kentucky Division For Air Quality (KDAQ), submitted a request for
parallel processing and on May 20, 2005, submitted a final request: To
redesignate the Christian County, Kentucky portion of the Clarksville-
Hopkinsville 8-hour ozone nonattainment area to attainment for the 8-
hour ozone National Ambient Air Quality Standard (NAAQS); and for EPA
approval of a Kentucky State Implementation Plan (SIP) revision
containing a 12-year maintenance plan for Christian County, Kentucky.
The interstate Clarksville-Hopkinsville 8-hour ozone nonattainment area
is comprised of two counties (i.e., Christian County, Kentucky and
Montgomery County, Tennessee). EPA is approving the 8-hour ozone
redesignation request for the Christian County, Kentucky portion of the
Clarksville-Hopkinsville 8-hour ozone nonattainment area. Additionally,
EPA is approving the 8-hour ozone maintenance plan for Christian
County, Kentucky. This approval is based on EPA's determination that
the Commonwealth of Kentucky has demonstrated that Christian County,
Kentucky has met the criteria for redesignation to attainment specified
in the Clean Air Act (CAA), including the determination that the entire
Clarksville-Hopkinsville 8-hour ozone nonattainment area has attained
the 8-hour ozone standard. On June 29, 2005, the State of Tennessee
submitted a redesignation request and maintenance plan for the
Montgomery, Tennessee portion of this area for EPA parallel processing.
In this action, EPA is also providing information on the status of its
transportation conformity adequacy determination for the new motor
vehicle emissions budgets (MVEBs) for the years 2004 and 2016 that are
contained in the 12-year 8-hour ozone maintenance plan for Christian
County, Kentucky. EPA is approving such MVEBs.
DATES: This rule is effective on November 21, 2005, without further
notice, unless EPA receives adverse written comments by October 24,
2005. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2005-KY-0001, by one of the following
methods:
1. Federal eRulemaking Portal: 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 system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: difrank.stacy@epa.gov.
4. Fax: 404.562.9019.
5. Mail: ``R04-OAR-2005-KY-0001,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
6. Hand Delivery or Courier. Deliver your comments to: Stacy
DiFrank, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
Instructions: Direct your comments to RME ID No. R04-OAR-2005-KY-
0001. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
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.
FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9042. Ms. Stacy DiFrank can also be reached via electronic mail at
difrank.stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the Actions is EPA Taking?
[[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 https://
www.epa.gov/otaq/transp/conform/adequacy.htm). The Adequacy comment
period for these MVEBs closed on April 28, 2005. No requests or adverse
comments on this submittal were received during EPA's Adequacy comment
period. Please see section VII of this rulemaking for further
explanation of this process.
II. What Is the Background for the Action?
Ground-level ozone is not emitted directly by sources. Rather,
emissions of nitrogen oxides (NOX) and volatile organic
compounds (VOCs) react in the presence of sunlight to form ground-level
ozone. NOX and VOC are referred to as precursors of ozone.
The CAA establishes a process for air quality management through the
NAAQS.
On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 parts per million (ppm). This new standard is more stringent
than the previous 1-hour ozone standard. Under EPA regulations at 40
CFR part 50, the 8-hour ozone standard is attained when the 3-year
average of the annual 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 NOX for the years 2004 and 2016, respectively.
VI. What is EPA's Analysis of the Request?
EPA is making the determination that the Clarksville-Hopkinsville
8-hour ozone nonattainment area has attained the 8-hour ozone standard,
and that all redesignation criteria have been met. The basis for EPA's
determination is as follows:
(1) The Clarksville-Hopkinsville area has attained the 8-hour ozone
NAAQS
EPA is making the determination that the area has attained the 8-
hour ozone NAAQS. For ozone, an area may be considered to be attaining
the 8-hour ozone NAAQS if there are no violations, as determined in
accordance with 40 CFR 50.10 and Appendix I of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
monitoring data. To attain this standard, the 3-year average of the
fourth-highest daily maximum 8-hour average ozone concentrations
measured at each monitor within an area over each year must not exceed
0.08 ppm. Based on the rounding convention described in 40 CFR part 50,
Appendix I, the standard is attained if the design value is 0.084 ppm
or below. The data must be collected and quality-assured in accordance
with 40 CFR part 58, and recorded in the EPA Air Quality System (AQS).
The monitors generally should have remained at the same location for
the duration of the monitoring period required for demonstrating
attainment.
KDAQ submitted ozone monitoring data for the ozone seasons from
2002 to 2004. This data has been quality assured and is recorded in
AQS. The fourth high averages for 2002, 2003 and 2004, and the 3-year
average of these values (i.e. design value), are summarized in the
following table:
------------------------------------------------------------------------
County 2002 2003 2004 2002-2004
------------------------------------------------------------------------
Christian.......................... 0.093 0.080 0.074 0.082
------------------------------------------------------------------------
[[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 (NOX SIP Call, Clean Air Interstate Rule
(CAIR)). EPA has also found, generally, that states have not submitted
SIPs under section 110(a)(1) to meet the interstate transport
requirements of section 110(a)(2)(D)(i). However, the section
110(a)(2)(D) requirements for a state are not linked with a particular
nonattainment area's designation and classification in that state. EPA
believes that the requirements linked with a particular nonattainment
area's designation and classification are the relevant measures to
evaluate in reviewing a redesignation request. The transport SIP
submittal requirements, where applicable, continue to apply to a state
regardless of the designation of any one particular area in the state.
Thus, we do not believe that these requirements should be construed
to be applicable requirements for purposes of redesignation. In
addition, EPA believes that the other section 110 elements not
connected with nonattainment plan submissions and not linked with an
area's attainment status are not applicable requirements for purposes
of redesignation. The State will still be subject to these requirements
after the area is redesignated. The section 110 and part D
requirements, which are linked with a particular area's designation and
classification, are the relevant measures to evaluate in reviewing a
redesignation request. This policy is consistent with EPA's existing
policy on applicability of conformity (i.e. for redesignations) and
oxygenated fuels requirements, as well as with section 184 ozone
transport requirements. See Reading, Pennsylvania, proposed and final
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati redesignation (65 FR 37890, June 19, 2000), and in the
Pittsburgh redesignation (66 FR 50399, October 19, 2001). In addition,
Kentucky's response to the CAIR rule is not due until September 2006.
EPA believes that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Nonetheless, EPA also notes that it has previously approved provisions
in the Kentucky SIP addressing section 110 elements under the 1-hour
standard (47 FR 30059, July 12, 1982). EPA believes that the section
110 SIP approved for the 1-hour standard is sufficient to meet
[[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 NOX emissions and brought the area into attainment:
--Federal Motor Vehicle Control Standards in Kentucky;
--EPA's Tier 2/Low Sulfur Gasoline program;
--EPA's Heavy-Duty Engine and Vehicle and Fuel Standards;
--Federal controls on certain nonroad engines implemented during the
2002-2004 period;
--Reductions due to the NOX SIP Call;
In addition to the reductions mentioned above, Kentucky is also relying
on the following controls to maintain the 8-hour standard:
--All new major VOC sources locating in Kentucky shall as a minimum
apply control procedures that are reasonable, available and practical
pursuant to Kentucky regulation 401 KAR 50:012;
--Prevention of Significant Deterioration requirements;
--Federal Motor Vehicle Control Standards in Kentucky;
--Federal controls on certain nonroad engines after 2000;
--Federal control through Maximum Achievable Control Technology (MACT)
of Hazardous Air Pollutants emissions will also contribute to
maintaining the standard in the area.
[[Page 55555]]
Kentucky has demonstrated that the implementation of permanent and
enforceable emissions controls have reduced local VOC and
NOX emissions. Most of the reductions are attributable to
Federal programs such as EPA's Tier 2/Low Sulfur Gasoline program and
other national clean fuel programs that began implementation in 2004.
Additionally, Kentucky has indicated in its submittal that the
Clarksville-Hopkinsville area has benefited from emissions reductions
that have been achieved and will continue to be achieved through
implementation of the NOX SIP Call, beginning in 2002. Also,
the following non-highway mobile source reduction programs were
implemented during the 2002-2004 period: small spark-ignition engines,
large-spark ignition engines, locomotives and land-based diesel
engines. Kentucky has also demonstrated that year-to-year
meteorological changes and trends are not the likely source of the
overall, 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 NOX emissions for the
Christian County area were developed consistent with EPA guidance and
are summarized in the table in the following subsection.
c. Maintenance Demonstration
The May 20, 2005, submittal includes a 12-year maintenance plan for
Christian County. This demonstration:
(i) Shows compliance and maintenance of the 8-hour ozone standard
by assuring that current and future emissions of VOC and NOX
remain at or below attainment year 2004 emissions levels. The year 2004
was chosen as the attainment year because it is one of the most recent
three years (i.e., 2002, 2003, and 2004) for which the Clarksville-
Hopkinsville area has clean air quality data for the 8-hour ozone
standard.
(ii) Uses 2004 as the attainment year and includes future inventory
projected years for 2007, 2010, 2013, and 2016.
(iii) Identifies an ``out year'' at least 10 years after the time
necessary for EPA to review and approve the maintenance plan. Per 40
CFR part 93, a MVEB was established for the last year of the
maintenance plan. See section VII below.
(iv) Provides the following actual and projected emissions
inventories for Christian County.
NOX Emissions (tpd) for Christian County
------------------------------------------------------------------------
Source category 2004 2007 2010 2013 2016
------------------------------------------------------------------------
Point........................... 1.42 1.48 1.55 1.60 1.67
Area............................ 0.14 0.14 0.14 0.14 0.14
Mobile.......................... 9.53 8.13 6.59 4.97 3.83
Nonroad......................... 3.80 3.55 3.23 2.83 2.38
---------
Total....................... 14.89 13.30 11.51 9.54 8.02
------------------------------------------------------------------------
VOC Emissions (tpd) for Christian County
------------------------------------------------------------------------
Source category 2004 2007 2010 2013 2016
------------------------------------------------------------------------
Point........................... 1.87 2.04 2.22 2.27 2.46
Area............................ 4.40 4.47 4.57 4.50 4.55
Mobile.......................... 3.83 3.17 2.68 2.31 2.08
Nonroad......................... 1.33 1.14 1.02 0.96 0.93
---------
Total....................... 11.43 10.82 10.49 10.04 10.02
------------------------------------------------------------------------
[[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:
Implementation of a program to require additional
emissions reductions on stationary sources;
Implementation of a program to enhance inspection of
stationary sources to ensure emissions control equipment is functioning
properly;
Implementation of Stage I Vapor Control;
Implementation of Stage II Vapor Recovery;
Open burning restrictions during ozone season;
Implementation of fuel programs, including incentives for
alternative fuels;
Restriction of certain roads or lanes to, or construction
of such roads or lanes for use by, passenger buses or high-occupancy
vehicles;
Trip-reduction ordinances;
Employer-based transportation management plans, including
incentives;
Programs to limit or restrict vehicle use in downtown
areas, or other areas of emissions concentration, particularly during
periods of peak use;
Programs for new construction and major reconstruction of
paths or tracks for use by pedestrians or by 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 PM2.5 National Ambient Air Quality Standards and
Miscellaneous Revisions for Existing Areas; Transportation Conformity
Rule Amendments--Response to Court Decision and Additional Rule
Change'' on July 1, 2004 (69 FR 40004). EPA follows this guidance and
rulemaking in making its adequacy determinations.
Christian County's 12-year maintenance plan submission contained
new VOC and NOX MVEBs for the years 2004 and 2016. The
availability of the SIP submission with these 2004 and 2016 MVEBs was
announced for public comment on EPA's adequacy Web page on March 29,
2005, at: https://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
