Approval and Promulgation of Implementation Plans; Kentucky; NOX, 25686-25689 [E9-12557]
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25686
Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules
Actions
Compliance
Procedures
Purposes of Reducing Regional
Transport of Ozone,’’ otherwise known
as the ‘‘Nitrogen Oxides (NOX) SIP Call
Phase I.’’ The second revision responds
to EPA’s regulations entitled, ‘‘Interstate
Ozone Transport: Response to Court
Decisions on the NOX SIP Call, NOX SIP
Call Technical Amendments, and
Section 126 Rules,’’ otherwise known as
the ‘‘ NOX SIP Call Phase II.’’ The NOX
SIP Call Phase II revision satisfies EPA’s
rule that requires Kentucky to submit
Phase II revisions necessary to achieve
applicable, incremental reductions of
NOX. The intended effect of the Phase
II SIP revision is to reduce emissions of
NOX originating in the Commonwealth
of Kentucky to help attain and maintain
the national ambient air quality
standard for ozone. The March 24, 2006,
final submittal stopped the federal
implementation plan clock that started
on February 8, 2006, when EPA made a
finding that Kentucky failed to submit
the required SIP for Phase II of the NOX
SIP Call by April 1, 2005.
DATES: Comments must be received on
or before June 29, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2005–KY–0003, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: 404–562–9019.
4. Mail: EPA–R04–OAR–2005–KY–
0003, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, 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
Docket ID No. EPA–R04–OAR–2005–
KY–0003. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available Online at
https://www.regulations.gov, 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
through https://www.regulations.gov or
e-mail, information that you consider to
be CBI or otherwise protected. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, 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 https://
www.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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
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 https://
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
(iii) Installation of the applicable cable shield
kit SL#274 or SL#274–2 terminates the requirement of paragraph (e)(1) of this AD.
Alternative Methods of Compliance
(AMOCs)
(f) The Manager, Fort Worth Airplane
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Andy McAnaul,
Aerospace Engineer, 10100 Reunion Pl., Ste.
650, San Antonio, Texas 78216; telephone:
(210) 308–3365; fax: (210) 308–3370. Before
using any approved AMOC on any airplane
to which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
Related Information
(g) To get copies of the service information
referenced in this AD, contact Air Tractor,
Inc., P.O. Box 485, Olney, Texas 76374;
telephone: (940) 564–5616; facsimile: (940)
564–5612; E-mail: parts@airtractor.com;
Internet: https://www.airtractor.com. To view
the AD docket, go to U.S. Department of
Transportation, Docket Operations, M–30,
West Building Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, or on the Internet at
https://www.regulations.gov.
Issued in Kansas City, Missouri, on May
20, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9–12524 Filed 5–28–09; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2005–KY–0003–200616;
FRL–8911–3]
Approval and Promulgation of
Implementation Plans; Kentucky; NOX
SIP Call Phase II
mstockstill on PROD1PC66 with PROPOSALS
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
the State Implementation Plan (SIP)
revisions submitted by the
Commonwealth of Kentucky on
September 12, 2005, and March 24,
2006. The first revision provides
Kentucky’s response to EPA’s
regulations entitled, ‘‘Finding of
Significant Contribution and
Rulemaking for Certain States in Ozone
Transport Assessment Group Region for
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules
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:
Nacosta C. Ward, 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) 562–9140.
Ms. Ward can also be reached via
electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
mstockstill on PROD1PC66 with PROPOSALS
I. Background
II. Analysis of State’s Submittal
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
On October 27, 1998, EPA published
a final rule known as the ‘‘NOX SIP
Call’’ (63 FR 57356), and later known as
the ‘‘NOX SIP Call Phase I.’’ The NOX
SIP Call Phase I required 22 states,
including the Commonwealth of
Kentucky, to meet NOX emission
budgets during the ozone season (March
through September) to reduce the
amount of ground level ozone that is
transported across the eastern United
States. EPA identified NOX emission
reductions by source category when
they could be achieved by using costeffective measures. These source
categories include electric generating
units (EGUs), non-EGUs, internal
combustion engines (ICEs) and cement
kilns. For each affected jurisdiction,
EPA determined NOX emission budgets
based on the implementation of cost
effective controls. The budgets were to
be met by the year 2007. Phase I of the
NOX SIP Call gave states the flexibility
to decide which source categories to
regulate to meet its statewide budget.
During Phase I, Kentucky regulated
EGUs, non-EGUs and cement kilns, but
chose not to address ICEs. See, 67 FR
17624, 17625 (April 11, 2002) (Approval
and Promulgation of Implementation
Plans: Kentucky: Nitrogen Oxides
Budget and Allowance Trading
Program).
A number of parties, including certain
states as well as industry and labor
groups, challenged Phase I of the NOX
SIP Call rule. On March 2, 2000, EPA
published additional technical
amendments to the NOX SIP Call in the
Federal Register (64 FR 26298 and 65
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FR 11222, respectively). On March 3,
2000, the United States Court of
Appeals for the District of Columbia
Circuit Court (D.C. Circuit Court) issued
its decision on the NOX SIP Call, ruling
in favor of EPA on all the major issues.
Michigan v. EPA, 213 F.3d 663 (D.C. Cir.
2000). However, the D.C. Circuit Court
remanded four specific elements to EPA
for further action: The definition of
EGU; the level of control for stationary
internal combustion engines; the
geographic extent of the NOX SIP Call
for Georgia and Missouri; and the
inclusion of Wisconsin. On January 31,
2002, the Kentucky Environmental and
Public Protection Cabinet (KEPPC)
submitted final revisions to its SIP that
complied with the requirements of
Phase I of the NOX SIP Call. EPA
approved the revisions on April 11,
2002, 67 FR 17624, which became
effective on June 10, 2002.
On April 21, 2004, EPA published a
final rule, addressing the remanded
portion of the NOX SIP Call Rule. This
rule is entitled, ‘‘Interstate Ozone
Transport: Response to Court Decisions
on the NOX SIP Call, NOX SIP Call
Technical Amendments, and Section
126 Rules,’’ and is otherwise known as
the ‘‘NOX SIP Rule Phase II’’ (69 FR
21604). The action promulgated specific
changes in response to the Court’s
ruling on Phase I of the Rule.
Specifically, it finalized certain aspects
of the definitions of EGU and non-EGU,
and the control level assumed for large
stationary ICEs. For large, natural gas
fired, stationary ICEs the control level
was set at 82 percent, because the vast
majority of large natural gas-fired ICEs
are lean burn. For diesel and dual fuel
stationary ICEs the control level was set
at 90 percent since on average they are
rich burn, diesel and dual fuel ICEs. The
April 21, 2004, rule also finalized
partial state budgets for Georgia,
Missouri, Alabama, and Michigan,
changes to statewide NOX budgets, the
SIP submittal dates for the required
states to address the Phase II portion of
the budget, the SIP submittal dates for
Georgia and Missouri, the compliance
date for all covered sources, and the
exclusion of Wisconsin from the NOX
SIP Call (69 FR 21604, April 21, 2004).
The final rule also required states that
submitted NOX SIP Call Phase I
revisions, to submit by April 1, 2005,
Phase II SIP revisions as needed to
achieve the necessary incremental
reductions of NOX. Phase II requires
emissions reductions that are relatively
small, representing less than 10 percent
of the total reductions required by Phase
I of the NOX SIP Call.
Phase II of the NOX SIP Call required
Kentucky to reduce the Phase I NOX
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25687
emissions originating in the
Commonwealth from 165,075 tons
(Phase I budget) to 162,519 tons (Phase
II budget) of NOX emissions. (69 FR
21604, 2162, April 21, 2004). This
represents a 4,224 ton reduction of NOX
emissions in Kentucky. The budget
numbers for Phase II for each affected
state were based on the Phase I emission
inventory as revised in the ‘‘Technical
Amendment to the Finding of
Significant Contribution and
Rulemaking for Certain States for
Purposes of Reducing Regional
Transport of Ozone,’’ which was
published on March 2, 2000. However,
EPA approved a revised Phase I Budget
for Kentucky in a revision to the NOX
SIP Call submitted on April 11, 2002 (67
FR 17624). Therefore, the final
Kentucky Phase II Budget in the April
21, 2004, notice is inaccurate because it
is based on the previous Phase I Budget.
On January 23, 2004, EPA wrote a
letter to KEPPC clarifying that based on
current rules and regulations, including
63 FR 57356, 57416 (October 27, 1998),
and 40 CFR 96.2, EPA was allowing
each state with one or more carbon
monoxide (CO) boiler combusting CO
from fluidized catalytic cracking units
(FCCUs) to determine whether all of the
Commonwealth’s FCCU–CO boilers
were covered by the NOX SIP Call
trading program. There is currently only
one facility in Kentucky with FCCU–CO
boilers (the Ashland Oil facility, located
in Ashland, Kentucky). Kentucky
elected to exclude all FCCU–CO boilers
in the Commonwealth from the NOX
trading program. Today’s action
removes the requirement from the
Kentucky SIP that such units comply
with the NOX SIP Call Phase I by
exempting them from the non-EGU
portion of the Kentucky NOX budget.
However, Kentucky is still able to meet
the phase II budgets through other
reductions. For more information
regarding the specifics of Phase I source
categories and budgets, see 67 FR 17624
(April 11, 2002).
Kentucky is achieving the Phase II
goal by setting the control level for
large, stationary ICEs at 82 percent, and
for diesel and dual fuel stationary ICEs
at 90 percent. The application of control
levels to ICEs represents a reduction in
NOX emissions originating in Kentucky.
Therefore, the large stationary ICE
portion of Kentucky’s non-EGU NOX
trading budget is being reduced by 2,491
tons of NOX emissions.
On September 12, 2005, the KEPPC
submitted a draft of its SIP regulation
revisions, intended to meet the
requirements of the NOX SIP Call Phase
II. A public hearing was conducted on
October 21, 2005. On March 24, 2006,
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules
SIP revisions were submitted in their
final form. The March 24, 2006,
submittal stopped the federal
implementation plan clock that started
under the Clean Air Act (CAA)
following EPA’s February 8, 2006,
finding that Kentucky failed to submit
the required SIP revisions for Phase II of
the NOX SIP Call by April 1, 2005 (71
FR 6347, February 8, 2006).
II. Analysis of State Submittal
The September 12, 2005, and March
24, 2006, proposed revisions to the
Kentucky SIP include changes to
regulation 401 KAR 51:150, which are
consistent with EPA requirements for
Phase II of the NOX SIP Call. In
addition, the proposed revisions
included a change to regulation 401
KAR 51:160, which is consistent with
EPA requirements for Phase I of the
NOX SIP Call. The Phase II revisions
require the Cabinet to set NOX emission
levels for large stationary ICEs,
including large utility and industrial
boilers (i.e., engines emitting more than
one ton of NOX per average ozone
season day in 1997), except FCCU–CO
boilers, at 82 percent. The combination
of the Kentucky regulations addressing
NOX emissions from large utility and
industrial boilers, cement kilns and ICEs
achieve all the necessary NOX
reductions required to meet NOX Phase
II requirements for Kentucky. In light of
these reductions, the projected 2007
control period NOX emissions for the
various categories are as follows in tons
per year:
• Total EGU NOX Budget—36,504.
• Total Non-EGU NOX—Budget
26,259.
• Total NOX Budget for Stationary
Area Sources—31,807.
• Total NOX Budget for Nonroad
Mobile Sources—15,025.
• Total NOX Budget for Highway
Mobile Sources—53,268.1
• Total NOX Budget for Kentucky—
162,863.
The revised non-EGU NOX budget
was 28,750 tons in the January 31, 2002,
SIP revision and revised to 26,259 tons
in the September 2005 SIP Revision.
The large boilers/turbines were reduced
from 179 to 64 NOX ozone season tons
due to FCCU–CO boilers being
exempted from that category. The large
cement kilns remained the same at
1,091 NOX ozone season tons. The large
ICEs went from 3,083 to 577 NOX ozone
season tons by applying the appropriate
Phase II reductions. Small and other
sources increased from 24,397 to 24,527
tons due to moving Ashland Oil from
the large boilers/turbines to this portion
of the non-EGU budget. Additionally,
there was an error in Kentucky’s
original inventory for units at the Texas
Gas-Jeffersontown facility, resulting in
eight more units than initially included
in the small/other sources budget. The
chart below summarizes the budgets:
SUMMARY OF NON-EGU NOX EMISSIONS BUDGET
January 31, 2002
NOX SIP Call SIP
revision submittal
(NOX ozone
season tons)
March 24, 2006
NOX SIP Call SIP
revision submittal
(NOX ozone
season tons)
Large Boilers/Turbines* ...............................................................................................................................
Large Cement Kilns .....................................................................................................................................
Large ICEs ...................................................................................................................................................
Small/Other Sources ....................................................................................................................................
179
1091
3083
24,397
64
1091
577
24,527
Total Non-EGU Emissions ...................................................................................................................
28,750
26,259
Portion of the non-EGU NOX emissions budget
* Non-EGU budget that is part of the NOX SIP Call cap and trade program.
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
1 This NO Budget is not intended for the
X
purposes of implementing transportation
conformity requirements. Refer to the attainment
demonstration, maintenance plan or reasonable
further progress plan for the particular
nonattainment and/or maintenance area(s) for the
appropriate motor vehicle emissions budget for an
area for transportation conformity purposes.
III. Proposed Action
EPA is proposing to approve the
aforementioned changes to the SIP,
including Kentucky’s NOX SIP Call
Phase II budget. This SIP revision is
consistent with section 110 of the CAA.
mstockstill on PROD1PC66 with PROPOSALS
IV. Statutory and Executive Order
Reviews
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection,
Incorporation by reference, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9–12557 Filed 5–28–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2002–0043; FRL–8403–8]
Pesticide Tolerance Nomenclature
Changes; Proposed Technical
Amendment
mstockstill on PROD1PC66 with PROPOSALS
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: This document proposes
minor revisions to the terminology of
certain commodity terms listed under
40 CFR part 180, subpart C. EPA is
proposing this action to establish a
uniform listing of commodity terms.
DATES: Comments, identified by docket
identification (ID) number EPA–HQ–
OPP–2002–0043, must be received on or
before July 28, 2009.
ADDRESSES: Submit your comments,
identified by docket ID number EPA–
HQ–OPP–2002–0043, by one of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Building), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
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4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket telephone number is (703) 305–
5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2002–
0043. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, 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 regulations.gov or email. The Federal regulations.gov
website is an ‘‘anonymous access’’
system, 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 regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the 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 docket
are listed in the docket index available
in regulations.gov. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. Although
listed in the index, some information is
not publicly available, e.g., 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 in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
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25689
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive,
Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Stephen Schaible, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9362; e-mail address:
schaible.stephen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS 111).
• Animal production (NAICS 112).
• Food manufacturer (NAICS 311).
• Pesticide manufacturer (NAICS
32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0043. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
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29MYP1
]]>Agencies
[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Proposed Rules]
[Pages 25686-25689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12557]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2005-KY-0003-200616; FRL-8911-3]
Approval and Promulgation of Implementation Plans; Kentucky;
NOX SIP Call Phase II
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve the State Implementation Plan
(SIP) revisions submitted by the Commonwealth of Kentucky on September
12, 2005, and March 24, 2006. The first revision provides Kentucky's
response to EPA's regulations entitled, ``Finding of Significant
Contribution and Rulemaking for Certain States in Ozone Transport
Assessment Group Region for Purposes of Reducing Regional Transport of
Ozone,'' otherwise known as the ``Nitrogen Oxides (NOX) SIP
Call Phase I.'' The second revision responds to EPA's regulations
entitled, ``Interstate Ozone Transport: Response to Court Decisions on
the NOX SIP Call, NOX SIP Call Technical
Amendments, and Section 126 Rules,'' otherwise known as the ``
NOX SIP Call Phase II.'' The NOX SIP Call Phase
II revision satisfies EPA's rule that requires Kentucky to submit Phase
II revisions necessary to achieve applicable, incremental reductions of
NOX. The intended effect of the Phase II SIP revision is to
reduce emissions of NOX originating in the Commonwealth of
Kentucky to help attain and maintain the national ambient air quality
standard for ozone. The March 24, 2006, final submittal stopped the
federal implementation plan clock that started on February 8, 2006,
when EPA made a finding that Kentucky failed to submit the required SIP
for Phase II of the NOX SIP Call by April 1, 2005.
DATES: Comments must be received on or before June 29, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2005-KY-0003, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: 404-562-9019.
4. Mail: EPA-R04-OAR-2005-KY-0003, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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 Docket ID No. EPA-R04-OAR-
2005-KY-0003. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
Online at https://www.regulations.gov, 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 through https://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, 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 https://www.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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. 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 https://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
[[Page 25687]]
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: Nacosta C. Ward, 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) 562-9140. Ms. Ward can also be reached via electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of State's Submittal
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
On October 27, 1998, EPA published a final rule known as the
``NOX SIP Call'' (63 FR 57356), and later known as the
``NOX SIP Call Phase I.'' The NOX SIP Call Phase
I required 22 states, including the Commonwealth of Kentucky, to meet
NOX emission budgets during the ozone season (March through
September) to reduce the amount of ground level ozone that is
transported across the eastern United States. EPA identified
NOX emission reductions by source category when they could
be achieved by using cost-effective measures. These source categories
include electric generating units (EGUs), non-EGUs, internal combustion
engines (ICEs) and cement kilns. For each affected jurisdiction, EPA
determined NOX emission budgets based on the implementation
of cost effective controls. The budgets were to be met by the year
2007. Phase I of the NOX SIP Call gave states the
flexibility to decide which source categories to regulate to meet its
statewide budget. During Phase I, Kentucky regulated EGUs, non-EGUs and
cement kilns, but chose not to address ICEs. See, 67 FR 17624, 17625
(April 11, 2002) (Approval and Promulgation of Implementation Plans:
Kentucky: Nitrogen Oxides Budget and Allowance Trading Program).
A number of parties, including certain states as well as industry
and labor groups, challenged Phase I of the NOX SIP Call
rule. On March 2, 2000, EPA published additional technical amendments
to the NOX SIP Call in the Federal Register (64 FR 26298 and
65 FR 11222, respectively). On March 3, 2000, the United States Court
of Appeals for the District of Columbia Circuit Court (D.C. Circuit
Court) issued its decision on the NOX SIP Call, ruling in
favor of EPA on all the major issues. Michigan v. EPA, 213 F.3d 663
(D.C. Cir. 2000). However, the D.C. Circuit Court remanded four
specific elements to EPA for further action: The definition of EGU; the
level of control for stationary internal combustion engines; the
geographic extent of the NOX SIP Call for Georgia and
Missouri; and the inclusion of Wisconsin. On January 31, 2002, the
Kentucky Environmental and Public Protection Cabinet (KEPPC) submitted
final revisions to its SIP that complied with the requirements of Phase
I of the NOX SIP Call. EPA approved the revisions on April
11, 2002, 67 FR 17624, which became effective on June 10, 2002.
On April 21, 2004, EPA published a final rule, addressing the
remanded portion of the NOX SIP Call Rule. This rule is
entitled, ``Interstate Ozone Transport: Response to Court Decisions on
the NOX SIP Call, NOX SIP Call Technical
Amendments, and Section 126 Rules,'' and is otherwise known as the
``NOX SIP Rule Phase II'' (69 FR 21604). The action
promulgated specific changes in response to the Court's ruling on Phase
I of the Rule. Specifically, it finalized certain aspects of the
definitions of EGU and non-EGU, and the control level assumed for large
stationary ICEs. For large, natural gas fired, stationary ICEs the
control level was set at 82 percent, because the vast majority of large
natural gas-fired ICEs are lean burn. For diesel and dual fuel
stationary ICEs the control level was set at 90 percent since on
average they are rich burn, diesel and dual fuel ICEs. The April 21,
2004, rule also finalized partial state budgets for Georgia, Missouri,
Alabama, and Michigan, changes to statewide NOX budgets, the
SIP submittal dates for the required states to address the Phase II
portion of the budget, the SIP submittal dates for Georgia and
Missouri, the compliance date for all covered sources, and the
exclusion of Wisconsin from the NOX SIP Call (69 FR 21604,
April 21, 2004). The final rule also required states that submitted
NOX SIP Call Phase I revisions, to submit by April 1, 2005,
Phase II SIP revisions as needed to achieve the necessary incremental
reductions of NOX. Phase II requires emissions reductions
that are relatively small, representing less than 10 percent of the
total reductions required by Phase I of the NOX SIP Call.
Phase II of the NOX SIP Call required Kentucky to reduce
the Phase I NOX emissions originating in the Commonwealth
from 165,075 tons (Phase I budget) to 162,519 tons (Phase II budget) of
NOX emissions. (69 FR 21604, 2162, April 21, 2004). This
represents a 4,224 ton reduction of NOX emissions in
Kentucky. The budget numbers for Phase II for each affected state were
based on the Phase I emission inventory as revised in the ``Technical
Amendment to the Finding of Significant Contribution and Rulemaking for
Certain States for Purposes of Reducing Regional Transport of Ozone,''
which was published on March 2, 2000. However, EPA approved a revised
Phase I Budget for Kentucky in a revision to the NOX SIP
Call submitted on April 11, 2002 (67 FR 17624). Therefore, the final
Kentucky Phase II Budget in the April 21, 2004, notice is inaccurate
because it is based on the previous Phase I Budget.
On January 23, 2004, EPA wrote a letter to KEPPC clarifying that
based on current rules and regulations, including 63 FR 57356, 57416
(October 27, 1998), and 40 CFR 96.2, EPA was allowing each state with
one or more carbon monoxide (CO) boiler combusting CO from fluidized
catalytic cracking units (FCCUs) to determine whether all of the
Commonwealth's FCCU-CO boilers were covered by the NOX SIP
Call trading program. There is currently only one facility in Kentucky
with FCCU-CO boilers (the Ashland Oil facility, located in Ashland,
Kentucky). Kentucky elected to exclude all FCCU-CO boilers in the
Commonwealth from the NOX trading program. Today's action
removes the requirement from the Kentucky SIP that such units comply
with the NOX SIP Call Phase I by exempting them from the
non-EGU portion of the Kentucky NOX budget. However,
Kentucky is still able to meet the phase II budgets through other
reductions. For more information regarding the specifics of Phase I
source categories and budgets, see 67 FR 17624 (April 11, 2002).
Kentucky is achieving the Phase II goal by setting the control
level for large, stationary ICEs at 82 percent, and for diesel and dual
fuel stationary ICEs at 90 percent. The application of control levels
to ICEs represents a reduction in NOX emissions originating
in Kentucky. Therefore, the large stationary ICE portion of Kentucky's
non-EGU NOX trading budget is being reduced by 2,491 tons of
NOX emissions.
On September 12, 2005, the KEPPC submitted a draft of its SIP
regulation revisions, intended to meet the requirements of the
NOX SIP Call Phase II. A public hearing was conducted on
October 21, 2005. On March 24, 2006,
[[Page 25688]]
SIP revisions were submitted in their final form. The March 24, 2006,
submittal stopped the federal implementation plan clock that started
under the Clean Air Act (CAA) following EPA's February 8, 2006, finding
that Kentucky failed to submit the required SIP revisions for Phase II
of the NOX SIP Call by April 1, 2005 (71 FR 6347, February
8, 2006).
II. Analysis of State Submittal
The September 12, 2005, and March 24, 2006, proposed revisions to
the Kentucky SIP include changes to regulation 401 KAR 51:150, which
are consistent with EPA requirements for Phase II of the NOX
SIP Call. In addition, the proposed revisions included a change to
regulation 401 KAR 51:160, which is consistent with EPA requirements
for Phase I of the NOX SIP Call. The Phase II revisions
require the Cabinet to set NOX emission levels for large
stationary ICEs, including large utility and industrial boilers (i.e.,
engines emitting more than one ton of NOX per average ozone
season day in 1997), except FCCU-CO boilers, at 82 percent. The
combination of the Kentucky regulations addressing NOX
emissions from large utility and industrial boilers, cement kilns and
ICEs achieve all the necessary NOX reductions required to
meet NOX Phase II requirements for Kentucky. In light of
these reductions, the projected 2007 control period NOX
emissions for the various categories are as follows in tons per year:
Total EGU NOX Budget--36,504.
Total Non-EGU NOX--Budget 26,259.
Total NOX Budget for Stationary Area Sources--
31,807.
Total NOX Budget for Nonroad Mobile Sources--
15,025.
Total NOX Budget for Highway Mobile Sources--
53,268.\1\
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\1\ This NOX Budget is not intended for the purposes
of implementing transportation conformity requirements. Refer to the
attainment demonstration, maintenance plan or reasonable further
progress plan for the particular nonattainment and/or maintenance
area(s) for the appropriate motor vehicle emissions budget for an
area for transportation conformity purposes.
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Total NOX Budget for Kentucky--162,863.
The revised non-EGU NOX budget was 28,750 tons in the
January 31, 2002, SIP revision and revised to 26,259 tons in the
September 2005 SIP Revision. The large boilers/turbines were reduced
from 179 to 64 NOX ozone season tons due to FCCU-CO boilers
being exempted from that category. The large cement kilns remained the
same at 1,091 NOX ozone season tons. The large ICEs went
from 3,083 to 577 NOX ozone season tons by applying the
appropriate Phase II reductions. Small and other sources increased from
24,397 to 24,527 tons due to moving Ashland Oil from the large boilers/
turbines to this portion of the non-EGU budget. Additionally, there was
an error in Kentucky's original inventory for units at the Texas Gas-
Jeffersontown facility, resulting in eight more units than initially
included in the small/other sources budget. The chart below summarizes
the budgets:
Summary of Non-EGU NOX Emissions Budget
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January 31, 2002 March 24, 2006
NOX SIP Call SIP NOX SIP Call SIP
Portion of the non-EGU NOX revision revision
emissions budget submittal (NOX submittal (NOX
ozone season ozone season
tons) tons)
------------------------------------------------------------------------
Large Boilers/Turbines*........... 179 64
Large Cement Kilns................ 1091 1091
Large ICEs........................ 3083 577
Small/Other Sources............... 24,397 24,527
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Total Non-EGU Emissions....... 28,750 26,259
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* Non-EGU budget that is part of the NOX SIP Call cap and trade program.
III. Proposed Action
EPA is proposing to approve the aforementioned changes to the SIP,
including Kentucky's NOX SIP Call Phase II budget. This SIP
revision is consistent with section 110 of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249,
[[Page 25689]]
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Incorporation by reference, Air pollution
control, Carbon monoxide, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-12557 Filed 5-28-09; 8:45 am]
BILLING CODE 6560-50-P
