Approval and Promulgation of Implementation Plans; Kentucky: NOX, 54755-54757 [E9-25456]

Download as PDF Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations Register. The Commission directs the Secretary to arrange for publication of this order in the Federal Register. It is ordered: 1. The Commission adopts the direct final rule that follows the Secretary’s signature into the Commission’s Rules of Practice and Procedure. 2. Interested persons may submit comments within 30 days of publication in the Federal Register. 3. The Secretary shall arrange for publication of this order in the Federal Register. These actions will take effect 40 days after publication in the Federal Register. List of Subjects in 39 CFR Part 3030 Administrative practice and procedure; Postal Service. By the Commission. Shoshana M. Grove, Secretary. For the reasons stated in the preamble, under the authority at 39 U.S.C. 503, the Postal Regulatory Commission amends chapter III of title 39 of the Code of Federal Regulations as follows: ■ PART 3030—RULES FOR COMPLAINTS 1. The authority citation for part 3030 continues to read as follows: ■ Authority: 39 U.S.C. 503; 3662. ■ 2. Revise § 3030.11 to read as follows: § 3030.11 Service. Any person filing a complaint must simultaneously serve a copy of the complaint on the Postal Service at the following address: PRCCOMPLAINTS@usps.gov. A complaint is not deemed filed until it is served on the Postal Service. A waiver may be obtained pursuant to § 3001.9(a) of this chapter. [FR Doc. E9–25343 Filed 10–22–09; 8:45 am] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 CPrice-Sewell on DSKGBLS3C1PROD with RULES [EPA–R04–OAR–2005–KY–0003; FRL–8972– 2] Approval and Promulgation of Implementation Plans; Kentucky: NOX SIP Call Phase II AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is taking final action to approve the State Implementation Plan VerDate Nov<24>2008 13:34 Oct 22, 2009 Jkt 220001 (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.’’ EPA proposed to approve Kentucky’s request to revise the SIP on May 29, 2009. This action is being taken pursuant to Section 110 of the Clean Air Act (CAA). DATES: Effective Date: This rule will be effective November 23, 2009. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R04–OAR–2005–KY–0003. All documents in the docket are listed on the https://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 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 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: Deanne Grant, 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. The telephone number is (404) 562–9291. Ms. Grant can also be reached via electronic mail at grant.deanne@epa.gov. For information relating to the Kentucky SIP, please contact Mr. Zuri Farngalo at (404) 562– PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 54755 9152. Mr. Farngalo can also be reached via electronic mail at farngalo.zuri@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. EPA’s Action II. Background III. Final Action IV. Statutory and Executive Order Reviews I. EPA’s Action EPA is taking final action to approve 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 (FIP) 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. EPA proposed to approve Kentucky’s request to amend the SIP on May 29, 2009 (74 FR 25686). In that proposal, EPA also stated its intent to remove compliance requirements of the NOX SIP Call Phase I. The comment period closed on June 29, 2009. No comments were received in regard to this action. EPA is finalizing the approval as proposed based on the rationale stated in the proposal and in this final action. II. Background 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 E:\FR\FM\23OCR1.SGM 23OCR1 CPrice-Sewell on DSKGBLS3C1PROD with RULES 54756 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations 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). 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, 21629, April 21, 2004). 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. The current approved Kentucky Phase II Budget for NOX emissions is 162,863 tons. On January 23, 2004, EPA wrote a letter to KEPPC clarifying that based on current rules and regulations, including the NOX SIP Call Phase I rulemaking (63 FR 57356, 57416) 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). On September 12, 2005, the KEPPC provided a submittal for parallel processing 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, Kentucky submitted the final SIP revision for approval. The March 24, 2006, submittal stopped the FIP clock that started under the CAA following EPA’s February 8, 2006, finding that Kentucky failed to submit the required VerDate Nov<24>2008 13:34 Oct 22, 2009 Jkt 220001 SIP revisions for Phase II of the NOX SIP Call by April 1, 2005 (71 FR 6347, February 8, 2006). III. Final Action EPA is taking final action to approve the aforementioned changes to the SIP, including Kentucky’s NOX SIP Call Phase II budget. These revisions meet CAA requirements and are consistent with EPA policy and regulations. 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 action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 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 December 22, 2009. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 9, 2009. A. Stanley Meiburg, Acting Regional Administrator, Region 4. ■ 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\23OCR1.SGM 23OCR1 54757 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations Subpart S—Kentucky 2. In § 52.920(c), Table 1 is amended: a. Under Chapter 51, by adding an entry for ‘‘401 KAR 51:150—NOX ■ ■ requirements for large utility and industrial boilers’’ to read as follows: requirements for stationary internal combustion engines’’; and ■ b. Under Chapter 51, by revising the entry for ‘‘401 KAR 51:160—NOX § 52.920 * Identification of plan. * * (c) * * * * * TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS State citation State effective date Title/subject * * * * EPA approval date * Explanation * * Chapter 51. Attainment and Maintenance of the National Ambient Air Quality Standards * * * * * * 401 KAR 51:150 ............... NOX requirements for stationary internal combustion engines. 2/3/06 10/23/09 [Insert citation of publication] * 401 KAR 51:160 ............... * * * NOX requirements for large utility and industrial boilers. * 2/3/06 * 10/23/09 [Insert citation of publication] * * * * * * * * [FR Doc. E9–25456 Filed 10–22–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 070717342–7713–02] RIN 0648–XS18 Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam Size Limit for Fishing Year 2010 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; suspension of the Atlantic surfclam minimum size limit. CPrice-Sewell on DSKGBLS3C1PROD with RULES * SUMMARY: NMFS suspends the minimum size limit for Atlantic surfclams for the 2010 fishing year. This action is taken under the authority of the implementing regulations for this fishery, which allow for the annual suspension of the minimum size limit based upon set criteria. The intended effect is to relieve the industry from a VerDate Nov<24>2008 13:34 Oct 22, 2009 Jkt 220001 * * regulatory burden that is not necessary, as the majority of surfclams harvested are larger than the minimum size limit. DATES: Effective January 1, 2010, through December 31, 2010. ADDRESSES: Written inquiries may be sent to: Regional Administrator, National Marine Fisheries Service, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930– 2298. FOR FURTHER INFORMATION CONTACT: Anna Macan, Fishery Management Specialist, (978) 281–9165; fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Section 648.72(c) of the regulations implementing the Fishery Management Plan (FMP) for the Atlantic Surfclam and Ocean Quahog Fisheries authorizes the Administrator, Northeast Region, NMFS (Regional Administrator), to suspend annually, by publication of a notification in the Federal Register, the minimum size limit for Atlantic surfclams. This action may be taken unless discard, catch, and biological sampling data indicate that 30 percent of the Atlantic surfclam resource is smaller than 4.75 inches (120 mm) and the overall reduced size is not attributable to harvest from beds where growth of the individual clams has been reduced because of density-dependent factors. At its June 2009 meeting, the MidAtlantic Fishery Management Council PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 * * * voted to recommend that the Regional Administrator suspend the minimum size limit for the 2010 fishing year. In accordance with the provisions of the FMP, the Regional Administrator will publish the suspension of the surfclam minimum size if the proportion of undersized surfclams is under 30 percent of the total surfclam landings for each fishing year. Commercial surfclam data for 2009 were analyzed to determine the percentage of surfclams that were smaller than the minimum size requirement. The analysis indicated that 6.10 percent of the overall commercial landings were composed of surfclams that were less than 4.75 inches (120 mm). Based on these data, the Regional Administrator adopts the Council’s recommendation and suspends the minimum size limit for Atlantic surfclams from January 1 through December 31, 2010. Classification This action is authorized by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 19, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–25547 Filed 10–22–09; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\23OCR1.SGM 23OCR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Rules and Regulations]
[Pages 54755-54757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25456]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-KY-0003; FRL-8972-2]

Approval and Promulgation of Implementation Plans; Kentucky:
NOX SIP Call Phase II

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking final action 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.'' EPA proposed to approve
Kentucky's request to revise the SIP on May 29, 2009. This action is
being taken pursuant to Section 110 of the Clean Air Act (CAA).

DATES: Effective Date: This rule will be effective November 23, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2005-KY-0003. All documents in the docket are listed on
the https://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 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 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: Deanne Grant, 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. The telephone number is (404)
562-9291. Ms. Grant can also be reached via electronic mail at
grant.deanne@epa.gov. For information relating to the Kentucky SIP,
please contact Mr. Zuri Farngalo at (404) 562-9152. Mr. Farngalo can
also be reached via electronic mail at farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA's Action
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Action

EPA is taking final action to approve 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 (FIP) 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.
EPA proposed to approve Kentucky's request to amend the SIP on May
29, 2009 (74 FR 25686). In that proposal, EPA also stated its intent to
remove compliance requirements of the NOX SIP Call Phase I.
The comment period closed on June 29, 2009. No comments were received
in regard to this action. EPA is finalizing the approval as proposed
based on the rationale stated in the proposal and in this final action.

II. Background

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

[[Page 54756]]

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). 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, 21629, April 21,
2004). 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. The current approved Kentucky Phase II Budget for
NOX emissions is 162,863 tons.
On January 23, 2004, EPA wrote a letter to KEPPC clarifying that
based on current rules and regulations, including the NOX
SIP Call Phase I rulemaking (63 FR 57356, 57416) 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).
On September 12, 2005, the KEPPC provided a submittal for parallel
processing 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, Kentucky
submitted the final SIP revision for approval. The March 24, 2006,
submittal stopped the FIP clock that started under the 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).

III. Final Action

EPA is taking final action to approve the aforementioned changes to
the SIP, including Kentucky's NOX SIP Call Phase II budget.
These revisions meet CAA requirements and are consistent with EPA
policy and regulations.

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
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
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, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 December 22, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

Dated: October 9, 2009.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

[[Page 54757]]

Subpart S--Kentucky

0
2. In Sec. 52.920(c), Table 1 is amended:
0
a. Under Chapter 51, by adding an entry for ``401 KAR 51:150--
NOX requirements for stationary internal combustion
engines''; and
0
b. Under Chapter 51, by revising the entry for ``401 KAR 51:160--
NOX requirements for large utility and industrial boilers''
to read as follows:

Sec. 52.920 Identification of plan.

* * * * *
(c) * * *

Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 51. Attainment and Maintenance of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
401 KAR 51:150.................. NOX requirements 2/3/06 10/23/09 [Insert
for stationary citation of
internal publication]
combustion engines.

* * * * * * *
401 KAR 51:160.................. NOX requirements 2/3/06 10/23/09 [Insert
for large utility citation of
and industrial publication]
boilers.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. E9-25456 Filed 10-22-09; 8:45 am]
BILLING CODE 6560-50-P

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