Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Kentucky: Redesignation of the Kentucky Portion of the Louisville 8-Hour Ozone Nonattainment Area to Attainment for Ozone, 36601-36605 [E7-13003]
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MVEBs of 1.52 tpd of VOCs and 1.91
tpd of NOX.
(3) Allen County and Stark County, as
submitted on June 20, 2006, and
supplemented on August 24, 2006, and
December 4, 2006. The maintenance
plan establishes 2009 MVEBs for Allen
County of 5.08 tpd of VOCs and 8.28 tpd
of NOX, and 2018 MVEBs for Allen
County of 2.89 tpd of VOCs and 3.47 tpd
of NOX. For Stark County the 2009
MVEBs are 10.02 tpd of VOCs and 18.03
tpd of NOX, and the 2018 budgets are
5.37 tpd of VOC and 7.08 tpd of NOX.
(4) Washington County, as submitted
on September 22, 2006, and
supplemented on November 17, 2006.
The maintenance plan establishes 2009
MVEBs for Washington County of 2.59
tpd of VOCs and 3.58 tpd of NOX, and
2018 MVEBs for Washington county of
1.67 tpd of VOCs and 1.76 tpd of NOX.
[FR Doc. E7–13000 Filed 7–3–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
This rule will be
effective August 6, 2007.
EFFECTIVE DATE:
40 CFR Parts 52 and 81
[EPA–RO4–OAR–2006–0584–200723; FRL–
8335–4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Kentucky: Redesignation of
the Kentucky Portion of the Louisville
8-Hour Ozone Nonattainment Area to
Attainment for Ozone
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA is approving a request,
submitted on September 29, 2006, from
the Commonwealth of Kentucky
(Kentucky), through the Kentucky
Division for Air Quality (KDAQ), to
redesignate the Kentucky portion of the
bi-State Louisville 8-hour ozone
nonattainment area to attainment for the
8-hour National Ambient Air Quality
Standard (NAAQS). The Kentucky
portion of the bi-State Louisville 8-hour
ozone nonattainment area (hereafter
referred to as the ‘‘Kentucky State
Louisville Area’’) is comprised of three
Kentucky Counties—Bullitt, Jefferson
and Oldham. The Indiana portion of the
bi-State Louisville 8-hour ozone
nonattainment area is comprised of two
Indiana Counties—Clark and Floyd.
EPA’s approval of Kentucky’s
redesignation request is based upon the
determination that Kentucky has
demonstrated that the Kentucky State
Louisville Area has met the criteria for
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redesignation to attainment specified in
the Clean Air Act (CAA), including the
determination that the entire (both the
Kentucky and Indiana portions) bi-State
Louisville 8-hour ozone nonattainment
area has attained the 8-hour ozone
standard. Additionally, EPA is
approving the 8-hour ozone
maintenance plan for the Kentucky
State Louisville Area, including the
regional motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs)
which cover the Kentucky and Indiana
portions of this bi-State area. In July and
September 2006, Indiana submitted a
redesignation request and maintenance
plan for the Indiana portion of this 8hour ozone area with identical MVEBs
to those reflected in Kentucky’s
maintenance plan. EPA is taking action
on that redesignation request and
maintenance plan in a separate action.
This final rule also addresses a
comment made on EPA’s proposed
rulemaking for this action, previously
published April 27, 2007 (72 FR 20966).
EPA has established a
docket for this action under Docket
Identification No. EPA–RO4–OAR–
2006–0584. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
ADDRESSES:
number at (404) 562–9074 or electronic
mail at LeSane.Heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Are We Taking These Actions?
IV. What Are the Effects of These Actions?
V. Response to Comments
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Is the Background for the
Actions?
On September 29, 2006, Kentucky,
through the KDAQ, submitted a request
to redesignate the Kentucky bi-State
Louisville Area to attainment for the 8hour ozone standard, and for EPA
approval of the Kentucky State
Implementation Plan (SIP) revision
containing a maintenance plan for the
Kentucky State Louisville Area. In an
action published on April 27, 2007 (72
FR 20966), EPA proposed to approve the
redesignation of the Kentucky State
Louisville Area to attainment. EPA also
proposed approval of Kentucky’s plan
for maintaining the 8-hour NAAQS as a
SIP revision, and proposed to approve
the regional MVEBs for the Kentucky biState Louisville Area that were
contained in the maintenance plan. This
rule is EPA’s final action on the April
27, 2007, proposed rule.
During the comment period for EPA’s
proposal, one commenter submitted an
adverse comment. EPA is addressing
that comment in this action, and is
taking final action as described in
Section II and Section V of this
rulemaking.
EPA is also providing information on
the status of the Agency’s transportation
conformity adequacy determination for
the new regional MVEBs for the years
2003 and 2020 that are contained in the
maintenance plan for the Kentucky biState Louisville Area. These MVEBs are
identical to those reflected in Indiana’s
maintenance plan for this bi-State area.
The maintenance plans establish the
following regional MVEBs for the
Kentucky bi-State Louisville Area.
KENTUCKY BI-STATE LOUISVILLE 8HOUR OZONE MVEBS
[Tons per day]
2003
FOR FURTHER INFORMATION CONTACT:
Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Ms.
LeSane can be reached via telephone
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VOC ..................................
NOX ..................................
2020
40.97
95.51
22.92
29.46
EPA’s adequacy public comment
period on these budgets (as contained in
Kentucky’s submittal) began on April
27, 2007, and closed on May 29, 2007.
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No comments related to the adequacy of
the MVEBs were received during EPA’s
adequacy public comment period.
Consequently, in a letter dated June
18, 2007, to John Lyons, Director of the
Kentucky Department of Air Quality,
and Art Williams, Director of Jefferson
County Air Pollution Control District,
EPA informed Kentucky of its intention
to find the new 2003 and 2020 MVEBs
for VOC and NOX adequate for
transportation conformity purposes. The
State of Indiana was also informed of
EPA’s intentions in a letter date June 18,
2007. Subsequently, in a separate
Federal Register notice, EPA is finding
the 2003 and 2020 MVEBs, as contained
in Kentucky’s submittal, adequate. A
similar notice was published for these
MVEBs as contained in Indiana’s
submittal. These MVEBs meet the
adequacy criteria contained in the
Transportation Conformity Rule. The
new regional MVEBs are thus currently
being used for transportation conformity
determinations.
Various aspects of EPA’s Phase 1 8hour ozone implementation rule were
challenged in court and on December
22, 2006, the U.S. Court of Appeals for
the District of Columbia Circuit (D.C.
Circuit Court) vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23951, April 30,
2004.) South Coast Air Quality
Management Dist. (SCAQMD) v. EPA,
472 F. 3d 882 (DC Cir. 2006). On June
8, 2007, in response to several petitions
for rehearing, the D.C. Circuit clarified
that the Phase 1 Rule was vacated only
with regard to those parts of the rule
that had been successfully challenged.
Therefore, the Phase 1 Rule provisions
related to classifications for areas
currently classified under subpart 2 of
title I, part D of the Act as 8-hour
nonattainment areas, the 8-hour
attainment dates and the timing for
emissions reductions needed for
attainment of the 8-hour ozone NAAQS
remain effective. The June 8th decision
left intact the Court’s rejection of EPA’s
reasons for implementing the 8-hour
standard in certain nonattainment areas
under subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour standard
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
successfully challenged. The June 8th
decision reaffirmed the December 22,
2006, decision that EPA had improperly
failed to retain four measures required
for 1-hour nonattainment areas under
the anti-backsliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
based on an area’s 1-hour nonattainment
classification; (2) Section 185 penalty
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fees for 1-hour severe or extreme
nonattainment areas; (3) measures to be
implemented pursuant to section
172(c)(9) or 182(c)(9) of the Act, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain that NAAQS; and (4)
certain transportation conformity
requirements for certain types of federal
actions. The June 8th decision clarified
that the Court’s reference to conformity
requirements was limited to requiring
the continued use of 1-hour MVEBs
until 8-hour budgets were available for
8-hour conformity determinations.
For the reasons set forth in the
proposal action for the Kentucky bi-state
Louisville Area, EPA does not believe
that the Court’s rulings alter any
requirements relevant to this
redesignation action so as to preclude
redesignation, and do not prevent EPA
from finalizing this redesignation. EPA
believes that the Court’s December 22,
2006, and June 8, 2007, decisions
impose no impediment to moving
forward with redesignation of this area
to attainment, because even in light of
the Court’s decisions, redesignation is
appropriate under the relevant
redesignation provisions of the Act and
longstanding policies regarding
redesignation requests.
redesignation to attainment specified in
the CAA, including a demonstration
that the entire bi-state Louisville area
has attained the 8-hour ozone standard.
EPA’s analyses of Kentucky’s 8-hour
ozone redesignation request and
maintenance plan are described in
detail in the proposed rule published
April 27, 2007 (72 FR 20966).
Consistent with the CAA, the
maintenance plan that EPA is approving
today also includes 2003 and 2020
regional MVEBs for NOX and VOCs. In
this action, EPA is approving these 2003
and 2020 MVEBs. For regional emission
analysis years that involve years prior to
2020, the applicable budget, for the
purpose of conducting transportation
conformity analyses, are the new 2003
MVEBs. For regional emission analysis
years that involve the year 2020 and
beyond, the applicable budget, for the
purpose of conducting transportation
conformity analyses, are the new 2020
MVEBs. EPA determined that the 2003
and 2020 MVEBs are adequate through
a previous action. EPA is approving
such MVEBs in this action.
Additionally, in this action, EPA is
responding to the one comment
received on the April 27, 2007 (72 FR
20966), rulemaking proposing to
approve the redesignation request and
the maintenance plan SIP revision.
II. What Actions Is EPA Taking?
EPA is taking final action to approve
Kentucky’s redesignation request and to
change the legal designation of the
Kentucky bi-State Louisville Area from
nonattainment to attainment for the 8hour ozone NAAQS. EPA’s response to
the only comment received on the April
27, 2007, proposed rule, is described in
Section III below. The entire bi-State
Louisville 8-hour ozone nonattainment
area is comprised of three Kentucky
Counties—Bullitt, Jefferson, and
Oldham, and two Indiana Counties—
Clark and Floyd. This final action
addresses only the Kentucky portion of
the bi-state Louisville 8-hour ozone
area. EPA will take action on the
redesignation request and maintenance
plan for the Indiana portion of this area
in a separate action. EPA is also
approving Kentucky’s 8-hour ozone
maintenance plan for Bullitt, Jefferson,
and Oldham counties (such approval
being one of the CAA criteria for
redesignation to attainment status). The
maintenance plan is designed to help
keep the Kentucky state Louisville Area
in attainment for the 8-hour ozone
NAAQS through 2020. These approval
actions are based on EPA’s
determination that Kentucky has
demonstrated that the Kentucky state
Louisville Area has met the criteria for
III. Why Are We Taking These Actions?
EPA has determined that the entire bistate Louisville area has attained the 8hour ozone standard and has also
determined that Kentucky has
demonstrated that all other criteria for
the redesignation of the Kentucky State
Louisville Area from nonattainment to
attainment of the 8-hour ozone NAAQS
have been met. See, section 107(d)(3)(E)
of the CAA. EPA is also taking final
action to approve the maintenance plan
for the Kentucky State Louisville Area
as meeting the requirements of sections
175A and 107(d) of the CAA.
Furthermore, EPA is approving the 2003
and 2020 MVEBs contained in
Kentucky’s maintenance plan because
these MVEBs are consistent with
maintenance for the entire bi-state
Louisville area. In the April 27, 2007,
proposal to redesignate the Kentucky
State Louisville Area, EPA described the
applicable criteria for redesignation to
attainment and its analysis of how those
criteria have been met. The rationale for
EPA’s findings and actions is set forth
in the proposed rulemaking and
summarized in this rulemaking.
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IV. What Are the Effects of These
Actions?
Approval of the redesignation request
changes the official designation of
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Bullitt, Jefferson, and Oldham Counties
for the 8-hour ozone NAAQS, found at
40 CFR Part 81. It also incorporates into
the Kentucky SIP a plan for maintaining
the 8-hour ozone NAAQS in the area
through 2020. The maintenance plan
includes contingency measures to
remedy future violations of the 8-hour
ozone NAAQS, and establishes MVEBs
for the years 2003 and 2020 for the
entire bi-state Louisville area.
V. Response to Comments
EPA received comments from one
individual in response to the April 27,
2007, proposal to redesignate the
Kentucky State Louisville Area. 72 FR
20966. The following is a summary of
the adverse comment received and
EPA’s response to that comment.
Comment: Kentucky Resource
Council states that the data reflects that
Louisville Gas & Electric’s (LG&E)
power plants, Trimble, Ghent and Mill
Creek, are running at low NOX emission
rates due to recent installation of
selective catalytic reduction control
technology. To the extent that these
reductions achieved by the utilities to
aid compliance with the NOX SIP call
are relied upon by the District and
Kentucky in order to demonstrate
attainment or maintenance of
attainment, those emission reductions
must be made permanent and
enforceable. As a cap and trade
program, the NOX SIP call would not
itself require that the utilities continue
to operate at such a low emissions rate
from these units.
Response: In evaluating attainment
and future maintenance of the 8-hour
ozone standard in the Louisville area,
the Commonwealth of Kentucky and
EPA utilized current air quality
monitoring data and future projected
emissions data based upon enforceable,
permanent reductions. Some of these
reductions are related to regional NOX
reduction programs, such as the NOX
SIP Call and the Clean Air Interstate
Rule. As discussed in the redesignation
proposal, the emissions analysis for the
Louisville area indicates that the area
will continue to maintain the 8-hour
ozone standard until at least 2020
without taking into account the
reductions from LG&E’s use of specific
control technology. The projected NOX
levels without reductions from the NOX
SIP Call for the years 2005, 2008, 2011,
2014, 2017 and 2020, continue to show
reductions below the base year, which
demonstrate maintenance as
summarized in the table below. We
expect the area will continue to benefit
from the reductions due to control
equipment installed to meet the NOX
SIP Call. However, EPA’s analysis
indicates that the area will continue to
maintain even without those reductions.
ACTUAL AND PROJECTED NOX EMISSIONS FOR BULLITT, JEFFERSON AND OLDHAM COUNTIES
[Tons per day]
Categories
2003
2005
2008
2011
2014
2017
2020
Point
Bullitt ....................................................................................
Jefferson ..............................................................................
Oldham .................................................................................
0.60
74.48
0.09
0.61
53.95
0.09
0.64
53.63
0.09
0.65
50.91
0.10
0.68
51.76
0.10
0.71
51.24
0.10
0.72
46.49
0.10
Area Subtotal ................................................................
75.47
54.65
54.36
51.66
52.54
52.05
47.31
Point
Bullitt ....................................................................................
Jefferson ..............................................................................
Oldham .................................................................................
0.11
0.75
0.07
0.11
0.76
0.07
0.12
0.76
0.07
0.12
0.76
0.08
0.13
0.76
0.09
0.13
0.76
0.09
0.14
0.76
0.09
Area Subtotal ................................................................
0.93
0.94
0.95
0.96
0.98
0.98
0.99
Mobile*
Bullitt ....................................................................................
Jefferson ..............................................................................
Oldham .................................................................................
7.52
63.29
4.43
7.23
54.96
4.36
5.99
41.55
3.58
4.83
29.62
2.88
3.84
19.76
2.34
3.17
13.87
1.96
2.73
11.02
1.72
Mobile Subtotal .............................................................
75.24
66.55
51.12
37.33
25.94
19.00
15.47
Nonroad
Bullitt ....................................................................................
Jefferson ..............................................................................
Oldham .................................................................................
1.81
31.94
1.63
1.78
31.11
1.59
1.70
29.36
1.49
1.60
27.37
1.37
1.47
25.26
1.22
1.35
23.44
1.07
1.27
22.17
0.95
Nonroad Total ...............................................................
35.38
34.48
32.55
30.34
27.95
25.86
24.39
Total with NOX SIP Call Reductions .....................
187.02*
156.62
138.98
120.29
107.41
97.89
88.16
Reductions due to NOX SIP Call .........................................
................
20.88
21.25
23.93
23.05
23.54
28.25
Total without NOX SIP Call reductions .................
................
177.50
160.23
144.22
130.46
121.43
116.41
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* Actual baseline emissions.
Without taking credit for NOX SIP Call
reductions, projected emissions are
below the baseline emissions for
attainment.
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VI. Final Action
After evaluating Kentucky’s
redesignation request and the comments
received, EPA is taking final action to
approve the redesignation and change
the legal designation of the Kentucky
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state Louisville Area from
nonattainment to attainment for the 8hour ozone NAAQS. Through this
action, EPA is also approving into the
Kentucky SIP, the 8-hour ozone
maintenance plan for Bullitt, Jefferson,
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and Oldham Counties, which includes
the new 2003 MVEBs of 40.97 tpd for
VOC, and 95.51 tpd for NOX, and 2020
MVEBs of 22.92 tpd for VOC, and 29.46
tpd for NOX for the entire bi-state
Louisville area. These identical MVEBs
are reflected in Indiana’s 8-hour
maintenance plan which was developed
for Clark and Floyd Counties, as part of
this bi-state 8-hour ozone area. EPA is
taking action on the Indiana SIP through
a separate rulemaking.
VII. 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. 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
(Public Law 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
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. 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. 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. 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 September 4, 2007. 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) of the CAA.)
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: June 27, 2007.
J.I. Palmer Jr.,
Regional Administrator, Region 4.
40 CFR part 52 and 81 are 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 ‘‘Louisville 8-hour Ozone
Maintenance Plan’’ to read as follows:
I
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
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Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal date/effective
date
*
*
*
Louisville 8-hour Ozone Main- Bullitt County, Jefferson
tenance Plan.
County, Oldham County.
*
*
.................................................
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EPA approval date
*
07/05/07 [Insert first page of
publication].
E:\FR\FM\05JYR1.SGM
05JYR1
Explanation
*
36605
Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations
2. In § 81.318, the table entitled
‘‘Kentucky-Ozone (8–Hour Standard)’’ is
amended by revising the entry for
‘‘Louisville, KY-IN’’, ‘‘Bullitt County’’,
I
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
‘‘Jefferson County’’, and ‘‘Oldham
County’’ to read as follows:
§ 81.318
*
*
Kentucky.
*
*
*
KENTUCKY-OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
Date 1
*
*
*
Louisville, KY–IN:
Bullitt County ....................................................................
Jefferson County ..............................................................
Oldham County ................................................................
*
*
Type
*
*
*
*
*
08/06/07
08/06/07
08/06/07
*
Date 1
*
*
Type
Attainment.
Attainment.
Attainment.
*
a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
*
*
*
*
[FR Doc. E7–13003 Filed 7–3–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2006–0560; FRL–8335–5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio
Rules to Control Emissions From
Hospital, Medical, and Infectious
Waste Incinerators
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: The EPA is giving final
approval to a State plan submitted by
Ohio concerning criteria pollutant and
toxic emissions from Hospital, Medical
and Infectious Waste Incinerators
(HMIWI) in the State. Ohio prepared a
plan based on Clean Air Act (CAA)
sections 111(d) and 129 for existing
hospital, medical and infectious waste
incinerators and asked that it be
reviewed and approved as the State
plan. The State’s HMIWI plan sets out
requirements for affected units at least
as stringent as the EPA requirements
entitled ‘‘Emission Guidelines (EG) and
Compliance Times for Hospital/
Medical/ Infectious Waste Incinerators’’
published in the Federal Register dated
September 15, 1997. For approval, the
State plan must include requirements
for emission limits at least as protective
as those requirements stated in the
emission guideline. We are approving,
with some exceptions, items requested
in Ohio’s letter of October 18, 2005,
VerDate Aug<31>2005
15:50 Jul 03, 2007
Jkt 211001
including limits for a variety of
emissions from HMIWI units including
mercury, cadmium, lead, hydrogen
chloride, and dioxin and criteria
pollutants. The rules in the plan apply
to existing sources only, for which
construction commenced on or before
June 20, 1996. New sources constructed
after this date are covered by a Federal
new source performance standard. The
Ohio rules, contained in the plan, were
proposed on March 22, 2002, and a
public hearing was held on April 29,
2002. The rules became effective in
Ohio on March 23, 2004. EPA proposed
approval in the Federal Register on
January 10, 2007, and received no
comments on the proposal. We are
approving the Ohio plan, with several
noted exceptions, because it meets the
requirements of the EPA emission
guideline affecting hospital incinerators.
This final rule is effective on
August 6, 2007.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2006–0560. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(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 through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
ADDRESSES:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone John
Paskevicz, Engineer, at (312) 886–6084
before visiting the Region 5 office.
John
Paskevicz, Engineer, Criteria Pollutant
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6084,
paskevicz.john@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What action is being taken by EPA?
II. The HMIWI State Plan Requirement
III. What does the Ohio plan contain?
IV. Is my HMIWI subject to these regulations?
V. Why is the Ohio HMIWI plan approvable?
VI. Statutory and Executive Order Reviews
I. What action is being taken by EPA?
We are approving selected portions of
the Ohio plan to control the air
emissions from HMIWI units in the
State. Our approval is based on EPA’s
review of the Ohio plan compared to the
EPA Emission Guideline (EG) document
dated September 15, 1997, 40 CFR part
60, subpart Ce (Emission Guidelines and
Compliance Times for HMIWIs, see 62
FR 48348–48391). As noted in our
proposed rule approval, (72 FR 1197,
dated January 10, 2007) we are not
taking action on the following portions
of the Ohio Rule 3745–75–02(I)(1)
(arsenic), –02(I)(2) (beryllium), –02(I)(4)
(chromium), and –02(I)(7) (nickel)
because these pollutants and the
emission limits noted in the State rule
for these pollutants are not part of the
EPA emission guideline document. EPA
E:\FR\FM\05JYR1.SGM
05JYR1
]]>Agencies
[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Rules and Regulations]
[Pages 36601-36605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13003]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-RO4-OAR-2006-0584-200723; FRL-8335-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Kentucky: Redesignation of
the Kentucky Portion of the Louisville 8-Hour Ozone Nonattainment Area
to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a request, submitted on September 29, 2006,
from the Commonwealth of Kentucky (Kentucky), through the Kentucky
Division for Air Quality (KDAQ), to redesignate the Kentucky portion of
the bi-State Louisville 8-hour ozone nonattainment area to attainment
for the 8-hour National Ambient Air Quality Standard (NAAQS). The
Kentucky portion of the bi-State Louisville 8-hour ozone nonattainment
area (hereafter referred to as the ``Kentucky State Louisville Area'')
is comprised of three Kentucky Counties--Bullitt, Jefferson and Oldham.
The Indiana portion of the bi-State Louisville 8-hour ozone
nonattainment area is comprised of two Indiana Counties--Clark and
Floyd. EPA's approval of Kentucky's redesignation request is based upon
the determination that Kentucky has demonstrated that the Kentucky
State Louisville Area has met the criteria for redesignation to
attainment specified in the Clean Air Act (CAA), including the
determination that the entire (both the Kentucky and Indiana portions)
bi-State Louisville 8-hour ozone nonattainment area has attained the 8-
hour ozone standard. Additionally, EPA is approving the 8-hour ozone
maintenance plan for the Kentucky State Louisville Area, including the
regional motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOCs) which cover the
Kentucky and Indiana portions of this bi-State area. In July and
September 2006, Indiana submitted a redesignation request and
maintenance plan for the Indiana portion of this 8-hour ozone area with
identical MVEBs to those reflected in Kentucky's maintenance plan. EPA
is taking action on that redesignation request and maintenance plan in
a separate action. This final rule also addresses a comment made on
EPA's proposed rulemaking for this action, previously published April
27, 2007 (72 FR 20966).
EFFECTIVE DATE: This rule will be effective August 6, 2007.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-RO4-OAR-2006-0584. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Ms. LeSane can be reached via
telephone number at (404) 562-9074 or electronic mail at
LeSane.Heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Are We Taking These Actions?
IV. What Are the Effects of These Actions?
V. Response to Comments
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Is the Background for the Actions?
On September 29, 2006, Kentucky, through the KDAQ, submitted a
request to redesignate the Kentucky bi-State Louisville Area to
attainment for the 8-hour ozone standard, and for EPA approval of the
Kentucky State Implementation Plan (SIP) revision containing a
maintenance plan for the Kentucky State Louisville Area. In an action
published on April 27, 2007 (72 FR 20966), EPA proposed to approve the
redesignation of the Kentucky State Louisville Area to attainment. EPA
also proposed approval of Kentucky's plan for maintaining the 8-hour
NAAQS as a SIP revision, and proposed to approve the regional MVEBs for
the Kentucky bi-State Louisville Area that were contained in the
maintenance plan. This rule is EPA's final action on the April 27,
2007, proposed rule.
During the comment period for EPA's proposal, one commenter
submitted an adverse comment. EPA is addressing that comment in this
action, and is taking final action as described in Section II and
Section V of this rulemaking.
EPA is also providing information on the status of the Agency's
transportation conformity adequacy determination for the new regional
MVEBs for the years 2003 and 2020 that are contained in the maintenance
plan for the Kentucky bi-State Louisville Area. These MVEBs are
identical to those reflected in Indiana's maintenance plan for this bi-
State area. The maintenance plans establish the following regional
MVEBs for the Kentucky bi-State Louisville Area.
Kentucky Bi-State Louisville 8-Hour Ozone MVEBs
[Tons per day]
------------------------------------------------------------------------
2003 2020
------------------------------------------------------------------------
VOC................................................... 40.97 22.92
NOX................................................... 95.51 29.46
------------------------------------------------------------------------
EPA's adequacy public comment period on these budgets (as contained
in Kentucky's submittal) began on April 27, 2007, and closed on May 29,
2007.
[[Page 36602]]
No comments related to the adequacy of the MVEBs were received during
EPA's adequacy public comment period.
Consequently, in a letter dated June 18, 2007, to John Lyons,
Director of the Kentucky Department of Air Quality, and Art Williams,
Director of Jefferson County Air Pollution Control District, EPA
informed Kentucky of its intention to find the new 2003 and 2020 MVEBs
for VOC and NOX adequate for transportation conformity
purposes. The State of Indiana was also informed of EPA's intentions in
a letter date June 18, 2007. Subsequently, in a separate Federal
Register notice, EPA is finding the 2003 and 2020 MVEBs, as contained
in Kentucky's submittal, adequate. A similar notice was published for
these MVEBs as contained in Indiana's submittal. These MVEBs meet the
adequacy criteria contained in the Transportation Conformity Rule. The
new regional MVEBs are thus currently being used for transportation
conformity determinations.
Various aspects of EPA's Phase 1 8-hour ozone implementation rule
were challenged in court and on December 22, 2006, the U.S. Court of
Appeals for the District of Columbia Circuit (D.C. Circuit Court)
vacated EPA's Phase 1 Implementation Rule for the 8-hour Ozone
Standard. (69 FR 23951, April 30, 2004.) South Coast Air Quality
Management Dist. (SCAQMD) v. EPA, 472 F. 3d 882 (DC Cir. 2006). On June
8, 2007, in response to several petitions for rehearing, the D.C.
Circuit clarified that the Phase 1 Rule was vacated only with regard to
those parts of the rule that had been successfully challenged.
Therefore, the Phase 1 Rule provisions related to classifications for
areas currently classified under subpart 2 of title I, part D of the
Act as 8-hour nonattainment areas, the 8-hour attainment dates and the
timing for emissions reductions needed for attainment of the 8-hour
ozone NAAQS remain effective. The June 8th decision left intact the
Court's rejection of EPA's reasons for implementing the 8-hour standard
in certain nonattainment areas under subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour standard and those anti-backsliding provisions of the Phase 1 Rule
that had not been successfully challenged. The June 8th decision
reaffirmed the December 22, 2006, decision that EPA had improperly
failed to retain four measures required for 1-hour nonattainment areas
under the anti-backsliding provisions of the regulations: (1)
Nonattainment area New Source Review (NSR) requirements based on an
area's 1-hour nonattainment classification; (2) Section 185 penalty
fees for 1-hour severe or extreme nonattainment areas; (3) measures to
be implemented pursuant to section 172(c)(9) or 182(c)(9) of the Act,
on the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS, or for failure to attain that
NAAQS; and (4) certain transportation conformity requirements for
certain types of federal actions. The June 8th decision clarified that
the Court's reference to conformity requirements was limited to
requiring the continued use of 1-hour MVEBs until 8-hour budgets were
available for 8-hour conformity determinations.
For the reasons set forth in the proposal action for the Kentucky
bi-state Louisville Area, EPA does not believe that the Court's rulings
alter any requirements relevant to this redesignation action so as to
preclude redesignation, and do not prevent EPA from finalizing this
redesignation. EPA believes that the Court's December 22, 2006, and
June 8, 2007, decisions impose no impediment to moving forward with
redesignation of this area to attainment, because even in light of the
Court's decisions, redesignation is appropriate under the relevant
redesignation provisions of the Act and longstanding policies regarding
redesignation requests.
II. What Actions Is EPA Taking?
EPA is taking final action to approve Kentucky's redesignation
request and to change the legal designation of the Kentucky bi-State
Louisville Area from nonattainment to attainment for the 8-hour ozone
NAAQS. EPA's response to the only comment received on the April 27,
2007, proposed rule, is described in Section III below. The entire bi-
State Louisville 8-hour ozone nonattainment area is comprised of three
Kentucky Counties--Bullitt, Jefferson, and Oldham, and two Indiana
Counties--Clark and Floyd. This final action addresses only the
Kentucky portion of the bi-state Louisville 8-hour ozone area. EPA will
take action on the redesignation request and maintenance plan for the
Indiana portion of this area in a separate action. EPA is also
approving Kentucky's 8-hour ozone maintenance plan for Bullitt,
Jefferson, and Oldham counties (such approval being one of the CAA
criteria for redesignation to attainment status). The maintenance plan
is designed to help keep the Kentucky state Louisville Area in
attainment for the 8-hour ozone NAAQS through 2020. These approval
actions are based on EPA's determination that Kentucky has demonstrated
that the Kentucky state Louisville Area has met the criteria for
redesignation to attainment specified in the CAA, including a
demonstration that the entire bi-state Louisville area has attained the
8-hour ozone standard. EPA's analyses of Kentucky's 8-hour ozone
redesignation request and maintenance plan are described in detail in
the proposed rule published April 27, 2007 (72 FR 20966).
Consistent with the CAA, the maintenance plan that EPA is approving
today also includes 2003 and 2020 regional MVEBs for NOX and
VOCs. In this action, EPA is approving these 2003 and 2020 MVEBs. For
regional emission analysis years that involve years prior to 2020, the
applicable budget, for the purpose of conducting transportation
conformity analyses, are the new 2003 MVEBs. For regional emission
analysis years that involve the year 2020 and beyond, the applicable
budget, for the purpose of conducting transportation conformity
analyses, are the new 2020 MVEBs. EPA determined that the 2003 and 2020
MVEBs are adequate through a previous action. EPA is approving such
MVEBs in this action.
Additionally, in this action, EPA is responding to the one comment
received on the April 27, 2007 (72 FR 20966), rulemaking proposing to
approve the redesignation request and the maintenance plan SIP
revision.
III. Why Are We Taking These Actions?
EPA has determined that the entire bi-state Louisville area has
attained the 8-hour ozone standard and has also determined that
Kentucky has demonstrated that all other criteria for the redesignation
of the Kentucky State Louisville Area from nonattainment to attainment
of the 8-hour ozone NAAQS have been met. See, section 107(d)(3)(E) of
the CAA. EPA is also taking final action to approve the maintenance
plan for the Kentucky State Louisville Area as meeting the requirements
of sections 175A and 107(d) of the CAA. Furthermore, EPA is approving
the 2003 and 2020 MVEBs contained in Kentucky's maintenance plan
because these MVEBs are consistent with maintenance for the entire bi-
state Louisville area. In the April 27, 2007, proposal to redesignate
the Kentucky State Louisville Area, EPA described the applicable
criteria for redesignation to attainment and its analysis of how those
criteria have been met. The rationale for EPA's findings and actions is
set forth in the proposed rulemaking and summarized in this rulemaking.
IV. What Are the Effects of These Actions?
Approval of the redesignation request changes the official
designation of
[[Page 36603]]
Bullitt, Jefferson, and Oldham Counties for the 8-hour ozone NAAQS,
found at 40 CFR Part 81. It also incorporates into the Kentucky SIP a
plan for maintaining the 8-hour ozone NAAQS in the area through 2020.
The maintenance plan includes contingency measures to remedy future
violations of the 8-hour ozone NAAQS, and establishes MVEBs for the
years 2003 and 2020 for the entire bi-state Louisville area.
V. Response to Comments
EPA received comments from one individual in response to the April
27, 2007, proposal to redesignate the Kentucky State Louisville Area.
72 FR 20966. The following is a summary of the adverse comment received
and EPA's response to that comment.
Comment: Kentucky Resource Council states that the data reflects
that Louisville Gas & Electric's (LG&E) power plants, Trimble, Ghent
and Mill Creek, are running at low NOX emission rates due to
recent installation of selective catalytic reduction control
technology. To the extent that these reductions achieved by the
utilities to aid compliance with the NOX SIP call are relied
upon by the District and Kentucky in order to demonstrate attainment or
maintenance of attainment, those emission reductions must be made
permanent and enforceable. As a cap and trade program, the
NOX SIP call would not itself require that the utilities
continue to operate at such a low emissions rate from these units.
Response: In evaluating attainment and future maintenance of the 8-
hour ozone standard in the Louisville area, the Commonwealth of
Kentucky and EPA utilized current air quality monitoring data and
future projected emissions data based upon enforceable, permanent
reductions. Some of these reductions are related to regional
NOX reduction programs, such as the NOX SIP Call
and the Clean Air Interstate Rule. As discussed in the redesignation
proposal, the emissions analysis for the Louisville area indicates that
the area will continue to maintain the 8-hour ozone standard until at
least 2020 without taking into account the reductions from LG&E's use
of specific control technology. The projected NOX levels
without reductions from the NOX SIP Call for the years 2005,
2008, 2011, 2014, 2017 and 2020, continue to show reductions below the
base year, which demonstrate maintenance as summarized in the table
below. We expect the area will continue to benefit from the reductions
due to control equipment installed to meet the NOX SIP Call.
However, EPA's analysis indicates that the area will continue to
maintain even without those reductions.
Actual and Projected NOX Emissions for Bullitt, Jefferson and Oldham Counties
[Tons per day]
----------------------------------------------------------------------------------------------------------------
Categories 2003 2005 2008 2011 2014 2017 2020
----------------------------------------------------------------------------------------------------------------
Point
Bullitt............................ 0.60 0.61 0.64 0.65 0.68 0.71 0.72
Jefferson.......................... 74.48 53.95 53.63 50.91 51.76 51.24 46.49
Oldham............................. 0.09 0.09 0.09 0.10 0.10 0.10 0.10
----------------------------------------------------------------------------
Area Subtotal.................. 75.47 54.65 54.36 51.66 52.54 52.05 47.31
----------------------------------------------------------------------------------------------------------------
Point
Bullitt............................ 0.11 0.11 0.12 0.12 0.13 0.13 0.14
Jefferson.......................... 0.75 0.76 0.76 0.76 0.76 0.76 0.76
Oldham............................. 0.07 0.07 0.07 0.08 0.09 0.09 0.09
----------------------------------------------------------------------------
Area Subtotal.................. 0.93 0.94 0.95 0.96 0.98 0.98 0.99
----------------------------------------------------------------------------------------------------------------
Mobile*
Bullitt............................ 7.52 7.23 5.99 4.83 3.84 3.17 2.73
Jefferson.......................... 63.29 54.96 41.55 29.62 19.76 13.87 11.02
Oldham............................. 4.43 4.36 3.58 2.88 2.34 1.96 1.72
----------------------------------------------------------------------------
Mobile Subtotal................ 75.24 66.55 51.12 37.33 25.94 19.00 15.47
----------------------------------------------------------------------------------------------------------------
Nonroad
Bullitt............................ 1.81 1.78 1.70 1.60 1.47 1.35 1.27
Jefferson.......................... 31.94 31.11 29.36 27.37 25.26 23.44 22.17
Oldham............................. 1.63 1.59 1.49 1.37 1.22 1.07 0.95
----------------------------------------------------------------------------
Nonroad Total.................. 35.38 34.48 32.55 30.34 27.95 25.86 24.39
----------------------------------------------------------------------------
Total with NOX SIP Call 187.02* 156.62 138.98 120.29 107.41 97.89 88.16
Reductions................
----------------------------------------------------------------------------------------------------------------
Reductions due to NOX SIP Call..... ......... 20.88 21.25 23.93 23.05 23.54 28.25
----------------------------------------------------------------------------
Total without NOX SIP Call ......... 177.50 160.23 144.22 130.46 121.43 116.41
reductions................
----------------------------------------------------------------------------------------------------------------
* Actual baseline emissions.
Without taking credit for NOX SIP Call reductions, projected
emissions are below the baseline emissions for attainment.
VI. Final Action
After evaluating Kentucky's redesignation request and the comments
received, EPA is taking final action to approve the redesignation and
change the legal designation of the Kentucky state Louisville Area from
nonattainment to attainment for the 8-hour ozone NAAQS. Through this
action, EPA is also approving into the Kentucky SIP, the 8-hour ozone
maintenance plan for Bullitt, Jefferson,
[[Page 36604]]
and Oldham Counties, which includes the new 2003 MVEBs of 40.97 tpd for
VOC, and 95.51 tpd for NOX, and 2020 MVEBs of 22.92 tpd for
VOC, and 29.46 tpd for NOX for the entire bi-state
Louisville area. These identical MVEBs are reflected in Indiana's 8-
hour maintenance plan which was developed for Clark and Floyd Counties,
as part of this bi-state 8-hour ozone area. EPA is taking action on the
Indiana SIP through a separate rulemaking.
VII. 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.
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 (Public Law 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 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. 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. 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.
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 September 4, 2007. 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) of the CAA.)
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: June 27, 2007.
J.I. Palmer Jr.,
Regional Administrator, Region 4.
0
40 CFR part 52 and 81 are 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 ``Louisville 8-hour Ozone Maintenance Plan'' to read as
follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Louisville 8-hour Ozone Bullitt County, .................. 07/05/07 [Insert
Maintenance Plan. Jefferson County, first page of
Oldham County. publication].
----------------------------------------------------------------------------------------------------------------
[[Page 36605]]
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 ``Louisville, KY-IN'',
``Bullitt County'', ``Jefferson County'', and ``Oldham County'' to read
as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky-Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Louisville, KY-IN:
Bullitt County...................... 08/06/07 Attainment...............................
Jefferson County.................... 08/06/07 Attainment...............................
Oldham County....................... 08/06/07 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. E7-13003 Filed 7-3-07; 8:45 am]
BILLING CODE 6560-50-P
