Approval and Promulgation of Implementation Plans; Kentucky; Louisville; Fine Particulate Matter 2002 Base Year Emissions Inventory, 45956-45958 [2012-18784]
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Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
not affect the finality of these actions 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. These actions,
pertaining to the determination of
attaining data for the 1997 annual and
2006 24-hour fine particulate matter
standard for the Knoxville Area, 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, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2231 is amended by
adding paragraphs (d) and (e) to read as
follows:
■
§ 52.2231 Control strategy: Sulfur oxides
and particulate matter.
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*
*
*
*
(d) Determination of attaining data.
EPA has determined the Knoxville,
Tennessee, nonattainment area has
attaining data for the 1997 annual PM2.5
NAAQS. This determination, in
accordance with 40 CFR 51.1004(c),
suspends the requirements for this area
to submit an attainment demonstration,
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
(e) Determination of attaining data.
EPA has determined KnoxvilleSevierville-La Follette, Tennessee,
nonattainment area has attaining data
for the 2006 24-hour PM2.5 NAAQS.
This determination, in accordance with
40 CFR 51.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0336; FRL–9708–5]
Approval and Promulgation of
Implementation Plans; Kentucky;
Louisville; Fine Particulate Matter 2002
Base Year Emissions Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve the 1997 annual fine particulate
matter (PM2.5) 2002 base year emissions
inventory portion of the State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Kentucky on December 3, 2008. The
emissions inventory is part of
Kentucky’s December 3, 2008,
attainment demonstration SIP revision
that was submitted to meet the
nonattainment requirements related to
the Commonwealth’s portion of the bistate Louisville, Kentucky-Indiana
nonattainment area for the 1997 annual
PM2.5 national ambient air quality
standards (NAAQS), hereafter referred
to as ‘‘the bi-state Louisville Area’’ or
‘‘Area.’’ The bi-state Louisville Area is
comprised of Clark and Floyd Counties
in Indiana, in their entireties; the
Madison Township portion of Jefferson
County, Indiana; and Bullitt and
Jefferson Counties in Kentucky, in their
entireties. This final action only relates
to the Kentucky portion (i.e., Bullitt and
Jefferson Counties) of this Area. This
action is being taken pursuant to section
110 of the Clean Air Act (CAA or Act).
DATES: This rule will be effective
September 4, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2012–0336. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
SUMMARY:
40 CFR part 52 is amended as follows:
*
the standard for as long as this area
continues to meet the 2006 24-hour
PM2.5 NAAQS.
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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:
Richard Wong, 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) 562–8726.
Mr. Wong can be reached via electronic
mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of the Commonwealth’s
Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA
established an annual PM2.5 NAAQS at
15.0 micrograms per cubic meter based
on a three-year average of annual mean
PM2.5 concentrations. On January 5,
2005 (70 FR 944), EPA published its air
quality designations and classifications
for the 1997 annual PM2.5 NAAQS based
upon air quality monitoring data for
calendar years 2001–2003. These
designations became effective on April
5, 2005. The bi-state Louisville Area was
designated nonattainment for the 1997
annual PM2.5 NAAQS. See 40 CFR
81.318 for Kentucky and 40 CFR 81.315
for Indiana.
Designation of an area as
nonattainment starts the process for a
state to develop and submit to EPA a
SIP under title I, part D of the CAA. This
SIP must include, among other
elements, a demonstration of how the
NAAQS will be attained in the
nonattainment area as expeditiously as
practicable, but no later than the date
required by the CAA. Under CAA
section 172(b), a state has up to three
years after an area’s designation as
nonattainment to submit its SIP to EPA.
For the 1997 annual PM2.5 NAAQS,
these SIPs were due April 5, 2008. See
40 CFR 51.1002(a).
On December 3, 2008, Kentucky
submitted an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
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further progress (RFP) plan, contingency
measures, a 2002 base year emissions
inventory and other planning SIP
revisions related to attainment of the
1997 annual PM2.5 NAAQS in the
Commonwealth’s portion of the bi-state
Louisville Area. Subsequently, on
March 9, 2011 (76 FR 12860), EPA
determined that the bi-state Louisville
Area attained the 1997 annual PM2.5
NAAQS. The determination of
attainment was based upon complete,
quality-assured and certified ambient air
monitoring data for the 2007–2009
period, showing that the Area had
monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements
for the Area to submit an attainment
demonstration and associated RACM,
RFP plan, contingency measures, and
other planning SIP revisions related to
attainment of the standard were
suspended as a result of the
determination of attainment, so long as
the Area continues to attain the 1997
annual PM2.5 NAAQS. See 40 CFR
51.1004(c).
On September 30, 2011, Kentucky
withdrew the attainment demonstration
submission (everything with the
exception of the 2002 base year
emissions inventory) for its portion of
the bi-state Louisville Area as allowed
by 40 CFR 51.1004(c). EPA notes that
the determination of attainment does
not suspend the emissions inventory
requirement found in CAA section
172(c)(3), and as such, Kentucky did not
withdraw this portion of its December 3,
2008, SIP revision. Section 172(c)(3) of
the CAA requires submission and
approval of a comprehensive, accurate,
and current inventory of actual
emissions.
On May 25, 2012, EPA published a
proposed rulemaking to approve
Kentucky’s 1997 annual PM2.5
emissions inventory for its portion of
the bi-state Louisville Area. See 77 FR
31262. Comments on the proposed
rulemaking were due on or before June
25, 2012. No comments, adverse or
otherwise, were received on EPA’s May
25, 2012, proposed rulemaking.
Pursuant to section 110 of the CAA,
EPA is now taking final action to
approve the Kentucky’s 1997 annual
PM2.5 emissions inventory as provided
in EPA’s May 25, 2012, proposed
rulemaking. A summary of the
background for today’s final action is
provided below. For more detail, please
refer to EPA’s proposed rulemaking at
77 FR 31262.
II. Analysis of the Commonwealth’s
Submittal
As discussed above, section 172(c)(3)
of the CAA requires areas to submit a
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45957
contractors and submitted by the states
to the 2002 National Emissions
Inventory. Several iterations of the 2002
inventories were developed for the
different emissions source categories
resulting from revisions and updates to
the data. This resulted in the use of
version G2 of the updated data to
represent the point sources’ emissions.
Data from many databases, studies, and
models (e.g., Vehicle Miles Traveled,
fuel programs, the NONROAD 2002
model data for commercial marine
vessels, locomotives, and Clean Air
Market Division, etc.) resulted in the
inventory submitted in this SIP. The
data were developed according to
current EPA emissions inventory
guidance ‘‘Emissions Inventory
Guidance for Implementation of Ozone
and Particulate Matter National
Ambient Air Quality Standards
TABLE 1—2002 ANNUAL EMISSIONS
(NAAQS) and Regional Haze
FOR THE KENTUCKY PORTION OF Regulations’’ (August 2005) and a
quality assurance project plan that was
THE LOUISVILLE AREA
developed through VISTAS and
[Tons per year]
approved by EPA. EPA agrees that the
process used to develop this inventory
Point Sources
County
was adequate to meet the requirements
NOX
SO2
PM2.5
of CAA section 172(c)(3) and the
implementing regulations.
Bullitt ...........
221
391
56
EPA has reviewed Kentucky’s 2002
Jefferson .....
25,915
41,483
830
base year emissions inventory and has
Non-Road Sources
determined that it is adequate for the
purposes of meeting section 172(c)(3)
Bullitt ...........
578
50
44 emissions inventory requirement.
Jefferson .....
10,989
1,429
720
Further, EPA has made the
determination that the emissions were
Area Sources
developed consistent with the CAA,
Bullitt ...........
51
93
804 implementing regulations and EPA
Jefferson .....
234
0
1,083 guidance for emission inventories.
comprehensive, accurate, and current
inventory of actual emissions from all
sources of the relevant pollutant or
pollutants in such area. Kentucky
selected 2002 as the base year for the
emissions inventory per 40 CFR
51.1008(b). Emissions contained in
Kentucky’s December 3, 2008, SIP
revision cover the general source
categories of point sources, non-road
mobile sources, area sources, and onroad mobile sources. A detailed
discussion of the emissions inventory
development can be found in Appendix
H of the Kentucky submittal; a summary
is provided below.
The table below provides a summary
of the annual 2002 emissions of nitrogen
oxides (NOx), sulfur dioxide (SO2), and
PM2.5 included in the Kentucky
submittal.
III. Final Action
Mobile Sources
Bullitt ...........
Jefferson .....
2,979
25,864
89
917
43
369
The 172(c)(3) emissions inventory is
developed by the incorporation of data
from multiple sources. States were
required to develop and submit to EPA
a triennial emissions inventory
according to the Consolidated Emissions
Reporting Rule for all source categories
(i.e., point, area, nonroad mobile, and
on-road mobile). This inventory often
forms the basis of data that are updated
with more recent information and data
that also are used in their attainment
demonstration modeling inventory.
Such was the case in the development
of the 2002 base year emissions
inventory that was submitted in the
Commonwealth’s attainment SIP for its
portion of the bi-state Louisville Area.
The 2002 emissions inventory was
based on data developed with the
Visibility Improvement State and Tribal
Association of the Southeast (VISTAS)
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EPA is taking final action to approve
the 2002 base year emissions inventory
portion of the attainment demonstration
SIP revision submitted by the
Commonwealth of Kentucky on
December 3, 2008. EPA has made the
determination that this action 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 final 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 final action:
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Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
• 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 F43255, 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 final 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 Commonwealth, 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 October 1, 2012. 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 20, 2012.
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.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding a new entry for ‘‘Louisville; 1997
Annual Fine Particulate Matter 2002
Base Year Emissions Inventory’’ to the
end of the table to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal
date/effective date
*
*
*
Louisville; 1997 Annual Fine
Bullitt and Jefferson CounParticulate Matter 2002
ties.
Base Year Emissions Inventory.
*
12/03/2008
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BILLING CODE 6560–50–P
EPA approval date
*
*
8/2/12 [Insert citation of publication]..
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R04–OAR–2012–0285; FRL–9705–7]
Approval and Promulgation of
Implementation Plans; Tennessee
110(a)(1) and (2) Infrastructure
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Explanations
*
Final rule.
EPA is taking final action to
approve in part, and conditionally
approve in part, the State
Implementation Plan (SIP) submission,
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
as demonstrating that the State meets
the SIP requirements of sections
110(a)(1) and (2) of the Clean Air Act
(CAA or the Act) for the 1997 annual
and 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS). Section 110(a) of
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45956-45958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18784]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0336; FRL-9708-5]
Approval and Promulgation of Implementation Plans; Kentucky;
Louisville; Fine Particulate Matter 2002 Base Year Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve the 1997 annual fine
particulate matter (PM2.5) 2002 base year emissions
inventory portion of the State Implementation Plan (SIP) revision
submitted by the Commonwealth of Kentucky on December 3, 2008. The
emissions inventory is part of Kentucky's December 3, 2008, attainment
demonstration SIP revision that was submitted to meet the nonattainment
requirements related to the Commonwealth's portion of the bi-state
Louisville, Kentucky-Indiana nonattainment area for the 1997 annual
PM2.5 national ambient air quality standards (NAAQS),
hereafter referred to as ``the bi-state Louisville Area'' or ``Area.''
The bi-state Louisville Area is comprised of Clark and Floyd Counties
in Indiana, in their entireties; the Madison Township portion of
Jefferson County, Indiana; and Bullitt and Jefferson Counties in
Kentucky, in their entireties. This final action only relates to the
Kentucky portion (i.e., Bullitt and Jefferson Counties) of this Area.
This action is being taken pursuant to section 110 of the Clean Air Act
(CAA or Act).
DATES: This rule will be effective September 4, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2012-0336. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30 excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, 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)
562-8726. Mr. Wong can be reached via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of the Commonwealth's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter based on a
three-year average of annual mean PM2.5 concentrations. On
January 5, 2005 (70 FR 944), EPA published its air quality designations
and classifications for the 1997 annual PM2.5 NAAQS based
upon air quality monitoring data for calendar years 2001-2003. These
designations became effective on April 5, 2005. The bi-state Louisville
Area was designated nonattainment for the 1997 annual PM2.5
NAAQS. See 40 CFR 81.318 for Kentucky and 40 CFR 81.315 for Indiana.
Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a SIP under title I, part D of the
CAA. This SIP must include, among other elements, a demonstration of
how the NAAQS will be attained in the nonattainment area as
expeditiously as practicable, but no later than the date required by
the CAA. Under CAA section 172(b), a state has up to three years after
an area's designation as nonattainment to submit its SIP to EPA. For
the 1997 annual PM2.5 NAAQS, these SIPs were due April 5,
2008. See 40 CFR 51.1002(a).
On December 3, 2008, Kentucky submitted an attainment demonstration
and associated reasonably available control measures (RACM), a
reasonable
[[Page 45957]]
further progress (RFP) plan, contingency measures, a 2002 base year
emissions inventory and other planning SIP revisions related to
attainment of the 1997 annual PM2.5 NAAQS in the
Commonwealth's portion of the bi-state Louisville Area. Subsequently,
on March 9, 2011 (76 FR 12860), EPA determined that the bi-state
Louisville Area attained the 1997 annual PM2.5 NAAQS. The
determination of attainment was based upon complete, quality-assured
and certified ambient air monitoring data for the 2007-2009 period,
showing that the Area had monitored attainment of the 1997 annual
PM2.5 NAAQS. The requirements for the Area to submit an
attainment demonstration and associated RACM, RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
standard were suspended as a result of the determination of attainment,
so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS. See 40 CFR 51.1004(c).
On September 30, 2011, Kentucky withdrew the attainment
demonstration submission (everything with the exception of the 2002
base year emissions inventory) for its portion of the bi-state
Louisville Area as allowed by 40 CFR 51.1004(c). EPA notes that the
determination of attainment does not suspend the emissions inventory
requirement found in CAA section 172(c)(3), and as such, Kentucky did
not withdraw this portion of its December 3, 2008, SIP revision.
Section 172(c)(3) of the CAA requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions.
On May 25, 2012, EPA published a proposed rulemaking to approve
Kentucky's 1997 annual PM2.5 emissions inventory for its
portion of the bi-state Louisville Area. See 77 FR 31262. Comments on
the proposed rulemaking were due on or before June 25, 2012. No
comments, adverse or otherwise, were received on EPA's May 25, 2012,
proposed rulemaking. Pursuant to section 110 of the CAA, EPA is now
taking final action to approve the Kentucky's 1997 annual
PM2.5 emissions inventory as provided in EPA's May 25, 2012,
proposed rulemaking. A summary of the background for today's final
action is provided below. For more detail, please refer to EPA's
proposed rulemaking at 77 FR 31262.
II. Analysis of the Commonwealth's Submittal
As discussed above, section 172(c)(3) of the CAA requires areas to
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
such area. Kentucky selected 2002 as the base year for the emissions
inventory per 40 CFR 51.1008(b). Emissions contained in Kentucky's
December 3, 2008, SIP revision cover the general source categories of
point sources, non-road mobile sources, area sources, and on-road
mobile sources. A detailed discussion of the emissions inventory
development can be found in Appendix H of the Kentucky submittal; a
summary is provided below.
The table below provides a summary of the annual 2002 emissions of
nitrogen oxides (NOx), sulfur dioxide (SO2), and
PM2.5 included in the Kentucky submittal.
Table 1--2002 Annual Emissions for the Kentucky Portion of the
Louisville Area
[Tons per year]
------------------------------------------------------------------------
Point Sources
County -----------------------------
NOX SO2 PM2.5
------------------------------------------------------------------------
Bullitt................................... 221 391 56
Jefferson................................. 25,915 41,483 830
�������������������������������������������
Non-Road Sources
-----------------------------
Bullitt................................... 578 50 44
Jefferson................................. 10,989 1,429 720
-----------------------------
Area Sources
-----------------------------
Bullitt................................... 51 93 804
Jefferson................................. 234 0 1,083
�������������������������������������������
Mobile Sources
-----------------------------
Bullitt................................... 2,979 89 43
Jefferson................................. 25,864 917 369
------------------------------------------------------------------------
The 172(c)(3) emissions inventory is developed by the incorporation
of data from multiple sources. States were required to develop and
submit to EPA a triennial emissions inventory according to the
Consolidated Emissions Reporting Rule for all source categories (i.e.,
point, area, nonroad mobile, and on-road mobile). This inventory often
forms the basis of data that are updated with more recent information
and data that also are used in their attainment demonstration modeling
inventory. Such was the case in the development of the 2002 base year
emissions inventory that was submitted in the Commonwealth's attainment
SIP for its portion of the bi-state Louisville Area. The 2002 emissions
inventory was based on data developed with the Visibility Improvement
State and Tribal Association of the Southeast (VISTAS) contractors and
submitted by the states to the 2002 National Emissions Inventory.
Several iterations of the 2002 inventories were developed for the
different emissions source categories resulting from revisions and
updates to the data. This resulted in the use of version G2 of the
updated data to represent the point sources' emissions. Data from many
databases, studies, and models (e.g., Vehicle Miles Traveled, fuel
programs, the NONROAD 2002 model data for commercial marine vessels,
locomotives, and Clean Air Market Division, etc.) resulted in the
inventory submitted in this SIP. The data were developed according to
current EPA emissions inventory guidance ``Emissions Inventory Guidance
for Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze Regulations'' (August 2005)
and a quality assurance project plan that was developed through VISTAS
and approved by EPA. EPA agrees that the process used to develop this
inventory was adequate to meet the requirements of CAA section
172(c)(3) and the implementing regulations.
EPA has reviewed Kentucky's 2002 base year emissions inventory and
has determined that it is adequate for the purposes of meeting section
172(c)(3) emissions inventory requirement. Further, EPA has made the
determination that the emissions were developed consistent with the
CAA, implementing regulations and EPA guidance for emission
inventories.
III. Final Action
EPA is taking final action to approve the 2002 base year emissions
inventory portion of the attainment demonstration SIP revision
submitted by the Commonwealth of Kentucky on December 3, 2008. EPA has
made the determination that this action 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
final 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 final action:
[[Page 45958]]
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 F43255, 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 final 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 Commonwealth, 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 October 1, 2012. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: July 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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.
Subpart S--Kentucky
0
2. Section 52.920(e) is amended by adding a new entry for ``Louisville;
1997 Annual Fine Particulate Matter 2002 Base Year Emissions
Inventory'' to the end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non-regulatory SIP geographic or date/effective EPA approval date Explanations
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Louisville; 1997 Annual Fine Bullitt and 12/03/2008 8/2/12 [Insert
Particulate Matter 2002 Base Jefferson Counties. citation of
Year Emissions Inventory. publication]..
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[FR Doc. 2012-18784 Filed 8-1-12; 8:45 am]
BILLING CODE 6560-50-P
