Approval and Promulgation of Air Quality Implementation Plan: Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Owensboro Area, 3183-3187 [2010-971]
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PART 522—ADMISSION TO
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1. The authority citation for 28 CFR
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[FR Doc. 2010–878 Filed 1–19–10; 8:45 am]
BILLING CODE 4410–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–1186; FRL–9104–6]
Approval and Promulgation of Air
Quality Implementation Plan:
Kentucky; Approval Section 110(a)(1)
Maintenance Plan for the 1997 8-Hour
Ozone Standard for the Owensboro
Area
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
a revision to the Kentucky State
Implementation Plan (SIP) concerning
the maintenance plan addressing the
1997 8-hour ozone standard for the
Owensboro 8-hour ozone attainment
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3183
area, which comprises Daviess County
and a portion of Hancock County
(hereafter referred to as the ‘‘Owensboro
Area’’). This maintenance plan was
submitted to EPA on May 27, 2008, by
the Commonwealth of Kentucky, and
ensures the continued attainment of the
1997 8-hour ozone national ambient air
quality standard (NAAQS) through the
year 2020. On July 15, 2009, the
Commonwealth of Kentucky submitted
supplemental information with updated
emissions tables to reflect actual
emissions for this Area. EPA proposes to
find that this plan meets the statutory
and regulatory requirements, and is
consistent with EPA’s guidance. EPA is
proposing to approve the revisions to
the Kentucky SIP, pursuant to Section
110 of the Clean Air Act (CAA). On
March 12, 2008, EPA issued a revised
ozone standard. The current action,
however, is being taken to address
requirements under the 1997 ozone
standard. Requirements for the
Owensboro Area under the 2008
standard will be addressed in the future.
DATES: Comments must be received on
or before February 19, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2007–1186, 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–2007–1186,
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–2007–
1186. 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
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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
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: Zuri
Farngalo, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
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SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9152.
Mr. Farngalo can also be reached via
electronic mail at
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the Commonwealth’s
Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
In accordance with the CAA, the
Owensboro Area, consisting of Daviess
County and a portion of Hancock
County in Kentucky, was designated as
marginal nonattainment for the 1-hour
ozone NAAQS effective November 6,
1991 (56 FR 56694) because the Area
did not meet the 1-hour ozone NAAQS.
On November 13, 1992, the
Commonwealth of Kentucky submitted
a request to redesignate the Owensboro
Area to attainment for the 1-hour ozone
standard. At the same time as the
redesignation request, Kentucky
submitted the required ozone
monitoring data and maintenance plan
to ensure that the Owensboro Area
would remain in attainment for the 1hour ozone standard for a period of 10
years, consistent with the CAA section
175A. The maintenance plan submitted
by Kentucky followed EPA guidance for
limited maintenance areas, which
applied to 1-hour ozone standard areas
with design values lower than 85
percent of the applicable standard (0.12
parts per million (ppm)). On February 7,
1995, EPA approved Kentucky’s request
to redesignate the Owensboro Area (60
FR 7124) to attainment for the 1-hour
ozone standard.
On April 30, 2004, EPA designated
areas for the 1997 8-hour ozone NAAQS
(69 FR 23858), and published the final
Phase I Implementation Rule for the
1997 8-hour ozone NAAQS (69 FR
23951) (Phase I Rule). Daviess County
and a portion of Hancock County (i.e.,
which make up the Owensboro Area)
were designated as attainment for the
1997 8-hour ozone standard, effective
June 15, 2004. The Owensboro
attainment area consequently was
required to submit a 10-year
maintenance plan under section
110(a)(1) of the CAA and the Phase I
Rule, 40 CFR 51.905(a)(3) and (4). On
May 20, 2005, EPA issued guidance
providing information on how a state
might fulfill the maintenance plan
obligation established by the CAA and
the Phase I Rule (Memorandum from
Lydia N. Wegman to Air Division
Directors, Maintenance Plan Guidance
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Document for Certain 8-hour Ozone
Areas Under Section 110(a)(1) of Clean
Air Act, May 20, 2005—hereafter
referred to as ‘‘Wegman Memorandum’’).
On December 22, 2006, the United
States Court of Appeals for the District
of Columbia Circuit issued an opinion
that vacated portions of EPA’s Phase I
Implementation Rule for the 1997 8hour ozone standard. See South Coast
Air Quality Management District. v.
EPA, 472 F.3d 882 (D.C. Cir. 2006). The
Court vacated those portions of the Rule
that provided for regulation of the 1997
8-hour ozone nonattainment areas
designated under Subpart 1 in lieu of
Subpart 2 (of part D of the CAA), among
other portions. The Court’s decision did
not alter any requirements under the
Phase I Rule for section 110(a)(1)
maintenance plans. EPA is proposing to
find that Kentucky’s May 27, 2008,
proposed SIP revision satisfies the
section 110(a)(1) CAA requirements for
a plan that provides for implementation,
maintenance, and enforcement of the
1997 8-hour ozone NAAQS in the
Owensboro Area. On March 12, 2008,
EPA issued a revised ozone standard.
The current action, however, is being
taken to address requirements under the
1997 ozone standard. Requirements for
the Owensboro Area under the 2008
standard will be addressed in the future.
II. Analysis of the Commonwealth’s
Submittal
On May 27, 2008, the Commonwealth
of Kentucky submitted a SIP revision
containing a 1997 8-hour ozone
maintenance plan for the Owensboro
Area as required by section 110(a)(1) of
the CAA and the provisions of EPA’s
Phase I Rule (see 40 CFR 51.905(a)(4)).
The purpose of this maintenance plan is
to ensure continued attainment and
maintenance of the 1997 8-hour ozone
NAAQS in the Owensboro Area until
2020.
As required, this plan provides for
continued attainment and maintenance
of the 1997 8-hour ozone NAAQS in the
Owensboro Area for 10 years from the
effective date of the Area’s designation
as attainment for the 1997 8-hour ozone
NAAQS, and includes contingency
measures. A July 15, 2009, submittal
from Kentucky updated the emissions
projections for point sources for 2005
and 2008 with actual data, and revised
the point source projections for 2011,
2014, 2017 and 2020 based on more
recent data. Each of the section 110(a)(1)
plan components for the Owensboro
Area is discussed below.
(a) Attainment Inventory. In order to
demonstrate maintenance in the
Owensboro Area, Kentucky developed
comprehensive inventories of volatile
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organic compounds (VOC) and nitrogen
oxide (NOX) emissions from area,
stationary, and mobile sources using
2002 as the base year. The year 2002 is
an appropriate year for Kentucky to base
attainment level emissions, because
states may select any one of the three
years on which the 1997 8-hour
attainment designation was based (2001,
2002, and 2003). The Commonwealth’s
submittal contains the detailed
inventory data and summaries by source
category. Using the 2002 inventory (as a
base year) reflects one of the years used
for calculating the air quality design
value on which the 1997 8-hour ozone
designation for the Area was based.
A further practical reason for selecting
2002 as the base year emission
inventory is that section 110(a)(2)(B) of
the CAA and the Consolidated
Emissions Reporting Rule (67 FR 39602,
June 10, 2002) require states to submit
emissions inventories for all criteria
pollutants and their precursors every
three years, on a schedule that includes
the emissions year 2002. The due date
for the 2002 emissions inventory is
established in the Rule as June 2004. In
accordance with these requirements,
Kentucky compiles a statewide
emissions inventory for point sources
on an annual basis. On-road mobile
emissions of VOC and NOX were
estimated using MOBILE6.2 motor
vehicle emissions factor computer
model. Non-road mobile emissions data
were derived using the U.S. EPA’s NonRoad Model.
In projecting data for the attainment
year 2020 inventory, Kentucky used
several methods to project data from the
3185
base year 2002 to the years 2005, 2008,
2011, 2014, 2017 and 2020. These actual
and projected inventories were
developed using EPA-approved
technologies and methodologies. Point
source and non-point source projections
were derived from the Emissions
Growth Analysis System version 4.0
(EGAS 4.0). Non-road mobile
projections were derived from EGAS
4.0, as well as from the National Mobile
Inventory Model.
The following tables provide VOC and
NOX emissions data for the 2002 base
attainment year inventory; as well as
actual VOC and NOX emission
inventory data for 2005 and 2008, and
projected VOC and NOX emission
inventory data for 2011, 2014, 2017 and
2020.
TABLE 1. OWENSBORO AREA1—VOC AND NOX EMISSIONS INVENTORY
Emissions
2002
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Total VOC (tons per day) ........................
Total NOX (tons per day) .........................
18.97
44.87
As shown in Table 1 above, the
Owensboro Area total VOC and NOX
emissions are projected to decrease from
the base year of 2002 to the maintenance
year of 2020, thus demonstrating
continued attainment/maintenance of
the 1997 8-hour ozone standard. Total
VOC emissions are projected to steadily
decrease from the base year of 2002
through 2017, but are then projected to
slightly increase by 0.02 tons per day
(tpd) between the years 2017 and 2020.
Additionally, total NOX emissions
steadily decreased from the base year of
2002 to 2017, but are then projected to
slightly increase by 0.31 tpd. However,
year 2020 emissions projected for both
VOC and NOX are well under the 2002
baseline year emission levels. Thus EPA
proposes to find that Kentucky
demonstrated that the 1997 8-hour
ozone standard will continue to be
maintained.
As shown in the table above,
Kentucky has demonstrated that the
future year emissions will be less than
the 2002 base attainment year’s
emissions for the 1997 8-hour ozone
NAAQS. The attainment inventory
submitted by Kentucky for this Area is
consistent with the criteria discussed in
the Wegman Memorandum. EPA finds
that the actual emissions levels in 2005,
and 2008, along with the future
1 These emissions estimates in this table were
provided by Kentucky on July 15, 2009, through
John Lyons, Director, Division of Air Quality, as an
update to emissions estimates provided in the May
25, 2007 submittal.
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2005
14.54
36.78
2008
2011
14.42
31.07
14.09
30.63
emissions for 2011, 2014, 2017, and
2020 are expected to be less than the
emissions levels in 2002. See Table 2 for
design value trends for this Area.
In the event that a future 8-hour ozone
monitoring reading in this Area is found
to violate the 1997 8-hour ozone
standard, the contingency plan section
of the maintenance plan includes
measures that at least one of which will
be promptly implemented to ensure that
this Area returns the maintenance of the
1997 8-hour ozone standard. Please see
section (d) Contingency Plan, below, for
additional information related to the
contingency measures.
(b) Maintenance Demonstration. The
primary purpose of a maintenance plan
is to demonstrate how an area will
continue to remain in compliance with
the 1997 8-hour ozone standard for the
10 year period following the effective
date of designation as unclassifiable/
attainment. The end projection year for
the maintenance plan for Owensboro
Area was 2020. As discussed in section
(a) Attainment Inventory above,
Kentucky identified the level of ozoneforming emissions that were consistent
with attainment of the NAAQS for
ozone in 2002. For the original
submittal, Kentucky projected VOC and
NOX emissions for the years 2005, 2008,
2011, 2014, 2017 and 2020 in the
Owensboro Area. Subsequently,
Kentucky provided updated projections
for all the years. See Table 1. EPA
proposes to find that the future
emissions levels in those years are
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2014
13.85
30.28
2017
13.79
30.27
2020
13.81
30.58
expected to be below the emissions
levels in 2002.
Kentucky’s SIP revision also relies on
a combination of several air quality
measures that will provide for
additional 8-hour ozone emissions
reductions in the Owensboro Area.
These measures include the potential
implementation of the following, among
others: (1) Federal motor vehicle control
program; (2) fleet turnover of
automobiles; (3) low reid vapor pressure
of gasoline; (4) tier 2 motor vehicle
emissions and fuel standards; (5) heavyduty gasoline and diesel highway
vehicles standard; (6) large nonroad
diesel engines rule; (7) nonroad spark
ignition engines and recreational
engines standard; (8) point source
emission reductions; (9) Air Products
and Chemicals –21–157–00009, (10)
reasonably available control measures,
(11) maximum available control
technology; (12) NOX SIP Call; (13)
Clean Air Interstate Rule (CAIR) 2; (14)
several control programs to reduce area
source emissions from aerosol coatings,
architectural and industrial
maintenance coatings, and commercial/
consumer products; (15) non–highway
mobile source reductions; and (16)
emissions standards for small and large
spark-ignition engines, locomotives and
land based diesel engines.
2 Despite the legal status of CAIR as remanded,
many facilities have already or are continuing with
plans to install emission controls that may benefit
Kentucky areas.
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There are no sources subject to CAIR
or the NOX SIP Call in the Owensboro
Area. Hence the recent remand of CAIR
does not impact the maintenance
inventories or maintenance
demonstration in any way. Further, the
Owensboro Area was in attainment
prior to implementation of these rules.
Hence any contribution to the reduction
in the background ozone levels from
these rules will be in addition to the
projected decreases within the
maintenance planning area. These rules
are included in the discussion of the
maintenance plan because, even though
the submittal takes no credit for them,
they are expected to reduce transported
NOX and ozone from outside the
nonattainment area, providing a further,
unquantified improvement in the Area’s
air quality.
(c) Ambient Air Quality Monitoring.
The table below shows monitoring and
design values 3 for the Owensboro Area.
The ambient ozone monitoring data was
collected at sites that were selected with
assistance from EPA and are considered
to be representative of the area of
highest concentration.
There is a monitor in Hancock and
Daviess Counties in the Owensboro
Area. There was no design value
exceeding the 1997 0.08 ppm standard
and it is anticipated that the monitors
will remain at current locations, unless
otherwise allowed to be removed in
consultation with EPA and in
accordance with the 40 CFR part 58.
See, Wegman Memorandum, pages 4
and 5.
TABLE 2—MONITORING AND DESIGN VALUES FOR 8–HOUR OZONE
[ppm]
Owensboro area
monitoring values
Year
Daviess County
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2000–2002
2001–2003
2002–2004
2003–2005
2004–2006
2005–2007
2006–2008
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
Hancock County
0.077
0.076
0.073
0.072
0.074
0.081
0.077
0.083
0.082
0.080
0.073
0.073
0.076
0.076
Area design
value
0.083
0.082
0.080
0.073
0.074
0.081
0.077
Based on the Table above, each of the
three-year average available design
values demonstrates attainment of the
1997 ozone NAAQS. The design value
for the area is the higher of the design
values at either of the monitors. Further,
these design vales indicate that the
Owensboro Area is expected to continue
attainment of the 1997 ozone NAAQS.
The attainment level for the 1997 8-hour
ozone standard is 0.08 ppm, effectively
0.084 ppm with the rounding
convention. However, in the event that
a design value at one of Owensboro
Area monitoring sites exceeds the 1997
8-hour ozone standard, the contingency
plan included in the Kentucky’s
maintenance plan submittal includes
contingency measures which will be
promptly implemented in accordance
with section (d) Contingency Plan,
below.
(d) Contingency Plan. In accordance
with 40 CFR 51.905(a)(4)(ii) and the
Wegman Memorandum, the section
110(a)(1) maintenance plan includes
contingency provisions to promptly
correct any violation of the 1997 8-hour
ozone NAAQS that occurs. In this
maintenance plan, if contingency
measures are triggered by a violation of
the 8-hour ozone NAAQS, Kentucky is
committing to adopt one or more of the
contingency measures listed below,
within nine months following the
trigger, and implement the measures
within eighteen months following the
trigger. The contingency measures
include: (1) Implementation of a
program to require additional emissions
reductions on stationary sources; (2)
requirement for Stage I Vapor Recovery;
(3) requirement of Stage II Vapor
Recovery; (4) open burning during
summer ozone season; (5) restriction of
certain roads or lanes to, or construction
of such roads or lanes for use by,
passenger buses or high-occupancy
vehicles; (6) trip-reduction ordinances;
(7) employer-based transportation
management plans, including
incentives; (8) programs to limit or
restrict vehicle use in downtown areas,
or other areas of emissions
concentration, particularly during
periods of peak use; and (9) programs
for new construction and major
reconstructions of paths or tracks for use
by pedestrians or by non-motorized
vehicles when economically feasible
and in the public interest.
The maintenance plan also includes
two additional triggers (which would
occur prior to a violation of the 1997 8hour ozone NAAQS) for an evaluation
of existing control measures to see if any
further emission reduction measures
should be implemented at that time.
These triggers are an exceedance of the
NAAQS in any portion of the
maintenance area or a ten percent or
greater increase in emissions of either
VOC or NOX, based on the 2002
emissions inventory and periodic
emission inventory updates. If either of
these triggers occurs, Kentucky commits
to evaluating existing control measures
to see if any further emission reduction
measures should be implemented.
EPA proposes to find that these
contingency measures and schedules for
implementation satisfy EPA’s guidance
on the requirements of section 110(a)(1)
of continued attainment. Continued
attainment of the 1997 8-hour ozone
NAAQS in the Owensboro Area will
depend, in part, on the air quality
measures discussed previously (see
section II). In addition, Kentucky
commits to verifying the 1997 8-hour
ozone status in each maintenance plan
through annual and periodic
evaluations of the emissions
inventories. In the annual evaluations,
Kentucky will review VOC and NOX
emission data from stationary point
sources. During the periodic evaluations
(every three years), Kentucky will
update the emissions inventory for all
3 The air quality design value at a monitoring site
is defined as that concentration that when reduced
to the level of the standard ensures that the site
meets the standard. For a concentration-based
standard, the air quality design value is simply the
standard-related test statistic. Thus, for the primary
and secondary ozone standards, the 3-year average
annual fourth-highest daily maximum 8-hour
average ozone concentration is also the air quality
design value for the site. 40 CFR Part 50, Appendix
I, Section 3.
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emissions source categories, and
compare the updated emissions
inventory data with actual 2005 and
2008, and projected 2011, 2014, 2017
and 2020 attainment emissions
inventories to verify continued
attainment of the 1997 8-hour ozone
standard.
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III. Proposed Action
Pursuant to section 110(a)(1) of the
CAA, EPA is proposing to approve the
maintenance plan addressing the 1997
8-hour ozone standard for the
Owensboro Area, which was submitted
by Kentucky on May 27, 2008, as
updated in a July 15, 2009, submission,
and which ensures continued
attainment of the 1997 8-hour ozone
NAAQS through the year 2020. EPA has
evaluated the Commonwealth’s
submittal and has determined that it
meets the applicable requirements of the
CAA and EPA regulations, and is
consistent with EPA policy.
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);
VerDate Nov<24>2008
15:05 Jan 19, 2010
Jkt 220001
• 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Incorporation by reference,
Ozone, Nitrogen dioxides, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: January 4, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010–971 Filed 1–19–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 205, 207, 208, 209, 211,
215, 216, 217, 219, 225, 228, 232, 237,
246, 250, 252
Defense Federal Acquisition
Regulation Supplement: Inflation
Adjustment of Acquisition-Related
Thresholds (DFARS Case 2009–D003)
AGENCY: Defense Acquisition
Regulations System. Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement Section 807 of the Ronald W.
Reagan National Defense Authorization
Act for Fiscal Year 2005. Section 807
provides for adjustment every 5 years of
statutory acquisition-related thresholds,
except for Davis-Bacon Act, Service
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
3187
Contract Act, and trade agreements
thresholds. This case also reviews
nonstatutory acquisition-related
thresholds for adjustment in 2010.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
March 22, 2010, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2009–D003,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2009–D003 in the subject
line of the message.
Fax: 703–602–0350.
Mail: Defense Acquisition Regulations
System, Attn: Ms. Amy Williams,
OUSD(AT&L)DPAP(DARS), 3060
Defense Pentagon, Room 3B855,
Washington, DC 20301–3060.
Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
A. Background
This rule proposes to amend multiple
DFARS parts to implement Section 807
of the Ronald W. Reagan National
Defense Authorization Act for Fiscal
Year 2005 (Pub. L. 108–375). Section
807 provides for adjustment every 5
years (in years evenly divisible by 5) of
statutory acquisition-related thresholds,
except for Davis-Bacon Act, Service
Contract Act, and trade agreements
thresholds. This case also reviews
nonstatutory DFARS acquisition-related
thresholds for adjustment in 2010. FAR
case 2008–024 proposes comparable
changes to acquisition-related
thresholds in the FAR.
This is the second review of DFARS
acquisition-related thresholds. The last
review was conducted under DFARS
case 2004–D022. The final rule was
published in the Federal Register on
December 19, 2006 (71 FR 75891).
B. Analysis
1. What is an acquisition-related
threshold?
This case builds on the review of
DFARS thresholds in 2005 and uses the
same interpretation of the statutory
definition of acquisition-related
threshold. The statute defines an
E:\FR\FM\20JAP1.SGM
20JAP1
]]>Agencies
[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Proposed Rules]
[Pages 3183-3187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-971]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-1186; FRL-9104-6]
Approval and Promulgation of Air Quality Implementation Plan:
Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-
Hour Ozone Standard for the Owensboro Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a revision to the Kentucky State
Implementation Plan (SIP) concerning the maintenance plan addressing
the 1997 8-hour ozone standard for the Owensboro 8-hour ozone
attainment area, which comprises Daviess County and a portion of
Hancock County (hereafter referred to as the ``Owensboro Area''). This
maintenance plan was submitted to EPA on May 27, 2008, by the
Commonwealth of Kentucky, and ensures the continued attainment of the
1997 8-hour ozone national ambient air quality standard (NAAQS) through
the year 2020. On July 15, 2009, the Commonwealth of Kentucky submitted
supplemental information with updated emissions tables to reflect
actual emissions for this Area. EPA proposes to find that this plan
meets the statutory and regulatory requirements, and is consistent with
EPA's guidance. EPA is proposing to approve the revisions to the
Kentucky SIP, pursuant to Section 110 of the Clean Air Act (CAA). On
March 12, 2008, EPA issued a revised ozone standard. The current
action, however, is being taken to address requirements under the 1997
ozone standard. Requirements for the Owensboro Area under the 2008
standard will be addressed in the future.
DATES: Comments must be received on or before February 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-1186, 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-2007-1186, 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-
2007-1186. 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
[[Page 3184]]
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 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: Zuri Farngalo, 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)
562-9152. Mr. Farngalo can also be reached via electronic mail at
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the Commonwealth's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
In accordance with the CAA, the Owensboro Area, consisting of
Daviess County and a portion of Hancock County in Kentucky, was
designated as marginal nonattainment for the 1-hour ozone NAAQS
effective November 6, 1991 (56 FR 56694) because the Area did not meet
the 1-hour ozone NAAQS. On November 13, 1992, the Commonwealth of
Kentucky submitted a request to redesignate the Owensboro Area to
attainment for the 1-hour ozone standard. At the same time as the
redesignation request, Kentucky submitted the required ozone monitoring
data and maintenance plan to ensure that the Owensboro Area would
remain in attainment for the 1-hour ozone standard for a period of 10
years, consistent with the CAA section 175A. The maintenance plan
submitted by Kentucky followed EPA guidance for limited maintenance
areas, which applied to 1-hour ozone standard areas with design values
lower than 85 percent of the applicable standard (0.12 parts per
million (ppm)). On February 7, 1995, EPA approved Kentucky's request to
redesignate the Owensboro Area (60 FR 7124) to attainment for the 1-
hour ozone standard.
On April 30, 2004, EPA designated areas for the 1997 8-hour ozone
NAAQS (69 FR 23858), and published the final Phase I Implementation
Rule for the 1997 8-hour ozone NAAQS (69 FR 23951) (Phase I Rule).
Daviess County and a portion of Hancock County (i.e., which make up the
Owensboro Area) were designated as attainment for the 1997 8-hour ozone
standard, effective June 15, 2004. The Owensboro attainment area
consequently was required to submit a 10-year maintenance plan under
section 110(a)(1) of the CAA and the Phase I Rule, 40 CFR 51.905(a)(3)
and (4). On May 20, 2005, EPA issued guidance providing information on
how a state might fulfill the maintenance plan obligation established
by the CAA and the Phase I Rule (Memorandum from Lydia N. Wegman to Air
Division Directors, Maintenance Plan Guidance Document for Certain 8-
hour Ozone Areas Under Section 110(a)(1) of Clean Air Act, May 20,
2005--hereafter referred to as ``Wegman Memorandum''). On December 22,
2006, the United States Court of Appeals for the District of Columbia
Circuit issued an opinion that vacated portions of EPA's Phase I
Implementation Rule for the 1997 8-hour ozone standard. See South Coast
Air Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
The Court vacated those portions of the Rule that provided for
regulation of the 1997 8-hour ozone nonattainment areas designated
under Subpart 1 in lieu of Subpart 2 (of part D of the CAA), among
other portions. The Court's decision did not alter any requirements
under the Phase I Rule for section 110(a)(1) maintenance plans. EPA is
proposing to find that Kentucky's May 27, 2008, proposed SIP revision
satisfies the section 110(a)(1) CAA requirements for a plan that
provides for implementation, maintenance, and enforcement of the 1997
8-hour ozone NAAQS in the Owensboro Area. On March 12, 2008, EPA issued
a revised ozone standard. The current action, however, is being taken
to address requirements under the 1997 ozone standard. Requirements for
the Owensboro Area under the 2008 standard will be addressed in the
future.
II. Analysis of the Commonwealth's Submittal
On May 27, 2008, the Commonwealth of Kentucky submitted a SIP
revision containing a 1997 8-hour ozone maintenance plan for the
Owensboro Area as required by section 110(a)(1) of the CAA and the
provisions of EPA's Phase I Rule (see 40 CFR 51.905(a)(4)). The purpose
of this maintenance plan is to ensure continued attainment and
maintenance of the 1997 8-hour ozone NAAQS in the Owensboro Area until
2020.
As required, this plan provides for continued attainment and
maintenance of the 1997 8-hour ozone NAAQS in the Owensboro Area for 10
years from the effective date of the Area's designation as attainment
for the 1997 8-hour ozone NAAQS, and includes contingency measures. A
July 15, 2009, submittal from Kentucky updated the emissions
projections for point sources for 2005 and 2008 with actual data, and
revised the point source projections for 2011, 2014, 2017 and 2020
based on more recent data. Each of the section 110(a)(1) plan
components for the Owensboro Area is discussed below.
(a) Attainment Inventory. In order to demonstrate maintenance in
the Owensboro Area, Kentucky developed comprehensive inventories of
volatile
[[Page 3185]]
organic compounds (VOC) and nitrogen oxide (NOX) emissions
from area, stationary, and mobile sources using 2002 as the base year.
The year 2002 is an appropriate year for Kentucky to base attainment
level emissions, because states may select any one of the three years
on which the 1997 8-hour attainment designation was based (2001, 2002,
and 2003). The Commonwealth's submittal contains the detailed inventory
data and summaries by source category. Using the 2002 inventory (as a
base year) reflects one of the years used for calculating the air
quality design value on which the 1997 8-hour ozone designation for the
Area was based.
A further practical reason for selecting 2002 as the base year
emission inventory is that section 110(a)(2)(B) of the CAA and the
Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002)
require states to submit emissions inventories for all criteria
pollutants and their precursors every three years, on a schedule that
includes the emissions year 2002. The due date for the 2002 emissions
inventory is established in the Rule as June 2004. In accordance with
these requirements, Kentucky compiles a statewide emissions inventory
for point sources on an annual basis. On-road mobile emissions of VOC
and NOX were estimated using MOBILE6.2 motor vehicle
emissions factor computer model. Non-road mobile emissions data were
derived using the U.S. EPA's Non-Road Model.
In projecting data for the attainment year 2020 inventory, Kentucky
used several methods to project data from the base year 2002 to the
years 2005, 2008, 2011, 2014, 2017 and 2020. These actual and projected
inventories were developed using EPA-approved technologies and
methodologies. Point source and non-point source projections were
derived from the Emissions Growth Analysis System version 4.0 (EGAS
4.0). Non-road mobile projections were derived from EGAS 4.0, as well
as from the National Mobile Inventory Model.
The following tables provide VOC and NOX emissions data
for the 2002 base attainment year inventory; as well as actual VOC and
NOX emission inventory data for 2005 and 2008, and projected
VOC and NOX emission inventory data for 2011, 2014, 2017 and
2020.
Table 1. Owensboro Area\1\--VOC and NOX Emissions Inventory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions 2002 2005 2008 2011 2014 2017 2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total VOC (tons per day)..................................... 18.97 14.54 14.42 14.09 13.85 13.79 13.81
Total NOX (tons per day)..................................... 44.87 36.78 31.07 30.63 30.28 30.27 30.58
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 1 above, the Owensboro Area total VOC and
NOX emissions are projected to decrease from the base year
of 2002 to the maintenance year of 2020, thus demonstrating continued
attainment/maintenance of the 1997 8-hour ozone standard. Total VOC
emissions are projected to steadily decrease from the base year of 2002
through 2017, but are then projected to slightly increase by 0.02 tons
per day (tpd) between the years 2017 and 2020. Additionally, total
NOX emissions steadily decreased from the base year of 2002
to 2017, but are then projected to slightly increase by 0.31 tpd.
However, year 2020 emissions projected for both VOC and NOX
are well under the 2002 baseline year emission levels. Thus EPA
proposes to find that Kentucky demonstrated that the 1997 8-hour ozone
standard will continue to be maintained.
---------------------------------------------------------------------------
\1\ These emissions estimates in this table were provided by
Kentucky on July 15, 2009, through John Lyons, Director, Division of
Air Quality, as an update to emissions estimates provided in the May
25, 2007 submittal.
---------------------------------------------------------------------------
As shown in the table above, Kentucky has demonstrated that the
future year emissions will be less than the 2002 base attainment year's
emissions for the 1997 8-hour ozone NAAQS. The attainment inventory
submitted by Kentucky for this Area is consistent with the criteria
discussed in the Wegman Memorandum. EPA finds that the actual emissions
levels in 2005, and 2008, along with the future emissions for 2011,
2014, 2017, and 2020 are expected to be less than the emissions levels
in 2002. See Table 2 for design value trends for this Area.
In the event that a future 8-hour ozone monitoring reading in this
Area is found to violate the 1997 8-hour ozone standard, the
contingency plan section of the maintenance plan includes measures that
at least one of which will be promptly implemented to ensure that this
Area returns the maintenance of the 1997 8-hour ozone standard. Please
see section (d) Contingency Plan, below, for additional information
related to the contingency measures.
(b) Maintenance Demonstration. The primary purpose of a maintenance
plan is to demonstrate how an area will continue to remain in
compliance with the 1997 8-hour ozone standard for the 10 year period
following the effective date of designation as unclassifiable/
attainment. The end projection year for the maintenance plan for
Owensboro Area was 2020. As discussed in section (a) Attainment
Inventory above, Kentucky identified the level of ozone-forming
emissions that were consistent with attainment of the NAAQS for ozone
in 2002. For the original submittal, Kentucky projected VOC and
NOX emissions for the years 2005, 2008, 2011, 2014, 2017 and
2020 in the Owensboro Area. Subsequently, Kentucky provided updated
projections for all the years. See Table 1. EPA proposes to find that
the future emissions levels in those years are expected to be below the
emissions levels in 2002.
Kentucky's SIP revision also relies on a combination of several air
quality measures that will provide for additional 8-hour ozone
emissions reductions in the Owensboro Area. These measures include the
potential implementation of the following, among others: (1) Federal
motor vehicle control program; (2) fleet turnover of automobiles; (3)
low reid vapor pressure of gasoline; (4) tier 2 motor vehicle emissions
and fuel standards; (5) heavy-duty gasoline and diesel highway vehicles
standard; (6) large nonroad diesel engines rule; (7) nonroad spark
ignition engines and recreational engines standard; (8) point source
emission reductions; (9) Air Products and Chemicals -21-157-00009, (10)
reasonably available control measures, (11) maximum available control
technology; (12) NOX SIP Call; (13) Clean Air Interstate
Rule (CAIR) \2\; (14) several control programs to reduce area source
emissions from aerosol coatings, architectural and industrial
maintenance coatings, and commercial/consumer products; (15) non-
highway mobile source reductions; and (16) emissions standards for
small and large spark-ignition engines, locomotives and land based
diesel engines.
---------------------------------------------------------------------------
\2\ Despite the legal status of CAIR as remanded, many
facilities have already or are continuing with plans to install
emission controls that may benefit Kentucky areas.
---------------------------------------------------------------------------
[[Page 3186]]
There are no sources subject to CAIR or the NOX SIP Call
in the Owensboro Area. Hence the recent remand of CAIR does not impact
the maintenance inventories or maintenance demonstration in any way.
Further, the Owensboro Area was in attainment prior to implementation
of these rules. Hence any contribution to the reduction in the
background ozone levels from these rules will be in addition to the
projected decreases within the maintenance planning area. These rules
are included in the discussion of the maintenance plan because, even
though the submittal takes no credit for them, they are expected to
reduce transported NOX and ozone from outside the
nonattainment area, providing a further, unquantified improvement in
the Area's air quality.
(c) Ambient Air Quality Monitoring. The table below shows
monitoring and design values \3\ for the Owensboro Area. The ambient
ozone monitoring data was collected at sites that were selected with
assistance from EPA and are considered to be representative of the area
of highest concentration.
---------------------------------------------------------------------------
\3\ The air quality design value at a monitoring site is defined
as that concentration that when reduced to the level of the standard
ensures that the site meets the standard. For a concentration-based
standard, the air quality design value is simply the standard-
related test statistic. Thus, for the primary and secondary ozone
standards, the 3-year average annual fourth-highest daily maximum 8-
hour average ozone concentration is also the air quality design
value for the site. 40 CFR Part 50, Appendix I, Section 3.
---------------------------------------------------------------------------
There is a monitor in Hancock and Daviess Counties in the Owensboro
Area. There was no design value exceeding the 1997 0.08 ppm standard
and it is anticipated that the monitors will remain at current
locations, unless otherwise allowed to be removed in consultation with
EPA and in accordance with the 40 CFR part 58. See, Wegman Memorandum,
pages 4 and 5.
Table 2--Monitoring and Design Values for 8-Hour Ozone
[ppm]
----------------------------------------------------------------------------------------------------------------
Owensboro area monitoring values
-----------------------------------------------------
Year Area design
Daviess County Hancock County value
----------------------------------------------------------------------------------------------------------------
2000-2002................................................. 0.077 0.083 0.083
2001-2003................................................. 0.076 0.082 0.082
2002-2004................................................. 0.073 0.080 0.080
2003-2005................................................. 0.072 0.073 0.073
2004-2006................................................. 0.074 0.073 0.074
2005-2007................................................. 0.081 0.076 0.081
2006-2008................................................. 0.077 0.076 0.077
----------------------------------------------------------------------------------------------------------------
Based on the Table above, each of the three-year average available
design values demonstrates attainment of the 1997 ozone NAAQS. The
design value for the area is the higher of the design values at either
of the monitors. Further, these design vales indicate that the
Owensboro Area is expected to continue attainment of the 1997 ozone
NAAQS. The attainment level for the 1997 8-hour ozone standard is 0.08
ppm, effectively 0.084 ppm with the rounding convention. However, in
the event that a design value at one of Owensboro Area monitoring sites
exceeds the 1997 8-hour ozone standard, the contingency plan included
in the Kentucky's maintenance plan submittal includes contingency
measures which will be promptly implemented in accordance with section
(d) Contingency Plan, below.
(d) Contingency Plan. In accordance with 40 CFR 51.905(a)(4)(ii)
and the Wegman Memorandum, the section 110(a)(1) maintenance plan
includes contingency provisions to promptly correct any violation of
the 1997 8-hour ozone NAAQS that occurs. In this maintenance plan, if
contingency measures are triggered by a violation of the 8-hour ozone
NAAQS, Kentucky is committing to adopt one or more of the contingency
measures listed below, within nine months following the trigger, and
implement the measures within eighteen months following the trigger.
The contingency measures include: (1) Implementation of a program to
require additional emissions reductions on stationary sources; (2)
requirement for Stage I Vapor Recovery; (3) requirement of Stage II
Vapor Recovery; (4) open burning during summer ozone season; (5)
restriction of certain roads or lanes to, or construction of such roads
or lanes for use by, passenger buses or high-occupancy vehicles; (6)
trip-reduction ordinances; (7) employer-based transportation management
plans, including incentives; (8) programs to limit or restrict vehicle
use in downtown areas, or other areas of emissions concentration,
particularly during periods of peak use; and (9) programs for new
construction and major reconstructions of paths or tracks for use by
pedestrians or by non-motorized vehicles when economically feasible and
in the public interest.
The maintenance plan also includes two additional triggers (which
would occur prior to a violation of the 1997 8-hour ozone NAAQS) for an
evaluation of existing control measures to see if any further emission
reduction measures should be implemented at that time. These triggers
are an exceedance of the NAAQS in any portion of the maintenance area
or a ten percent or greater increase in emissions of either VOC or
NOX, based on the 2002 emissions inventory and periodic
emission inventory updates. If either of these triggers occurs,
Kentucky commits to evaluating existing control measures to see if any
further emission reduction measures should be implemented.
EPA proposes to find that these contingency measures and schedules
for implementation satisfy EPA's guidance on the requirements of
section 110(a)(1) of continued attainment. Continued attainment of the
1997 8-hour ozone NAAQS in the Owensboro Area will depend, in part, on
the air quality measures discussed previously (see section II). In
addition, Kentucky commits to verifying the 1997 8-hour ozone status in
each maintenance plan through annual and periodic evaluations of the
emissions inventories. In the annual evaluations, Kentucky will review
VOC and NOX emission data from stationary point sources.
During the periodic evaluations (every three years), Kentucky will
update the emissions inventory for all
[[Page 3187]]
emissions source categories, and compare the updated emissions
inventory data with actual 2005 and 2008, and projected 2011, 2014,
2017 and 2020 attainment emissions inventories to verify continued
attainment of the 1997 8-hour ozone standard.
III. Proposed Action
Pursuant to section 110(a)(1) of the CAA, EPA is proposing to
approve the maintenance plan addressing the 1997 8-hour ozone standard
for the Owensboro Area, which was submitted by Kentucky on May 27,
2008, as updated in a July 15, 2009, submission, and which ensures
continued attainment of the 1997 8-hour ozone NAAQS through the year
2020. EPA has evaluated the Commonwealth's submittal and has determined
that it meets the applicable requirements of the CAA and EPA
regulations, and is consistent with EPA policy.
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, 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, Air pollution control, Intergovernmental
relations, Incorporation by reference, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 4, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-971 Filed 1-19-10; 8:45 am]
BILLING CODE 6560-50-P
