Approval and Promulgation of Implementation Plans Kentucky: 1- Hour Ozone Maintenance Plan Update for Edmonson Area

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 17, 2004 (Volume 69, Number 242)]
[Rules and Regulations]
[Page 75473-75478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de04-8]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2004-KY-0001-200425(a); FRL-7848-9]

Approval and Promulgation of Implementation Plans Kentucky: 1-
Hour Ozone Maintenance Plan Update for Edmonson Area

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: Today's action consists of two distinct but related final
rulemakings briefly characterized here and further discussed in the
SUPPLEMENTARY INFORMATION section of this rule. First, EPA is approving
revisions to the Edmonson County portion of the State Implementation
Plan (SIP) submitted by the Commonwealth of Kentucky, in draft form on
February 19, 2004, and in final form on August 24, 2004. The August 24,
2004, SIP revision provides the 10-year update to the original 1-hour
ozone maintenance plans for three 1-hour ozone maintenance areas,
including the Edmonson County Maintenance Area, and also provides
revised 2004 motor vehicle emission budgets (MVEBs) and establishes
2015 MVEBs. Through this action, EPA is providing notification of its
determination that the Edmonson County portion of the Commonwealth's
SIP revision satisfies the requirement of the Clean Air Act (CAA) as
amended in 1990 for the 10-year update for the 1-hour ozone maintenance
plan for Edmonson County Maintenance Area. Secondly, EPA is providing
information on the status of its transportation conformity adequacy
determination for the new MVEBs for the year 2015 that are contained in
the 10-year update to the 1-hour ozone maintenance plan for the
Edmonson County Area. In today's action, EPA is only addressing the
portion of the SIP revision for Edmonson County. EPA will take separate
action to address the other portions of the SIP revision.

DATES: This direct final rule is effective February 15, 2005, without
further notice, unless EPA receives adverse comment by January 18,
2005. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2004-

[[Page 75474]]

KY-0001, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: delatorre.rosymar@epa.gov.
4. Fax: 404-562-9019.
5. Mail: ``R04-OAR-2004-KY-0001,'' 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.
6. Hand Delivery or Courier: Deliver your comments to: Rosymar De
La Torre Col[oacute]n, Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division 12th floor, 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 RME ID No. R04-OAR-2004-KY-
0001. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, 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 RME or 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.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. 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 RME
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 contact 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: Rosymar De La Torre Col[oacute]n,
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, (404)
562-8965, delatorre.rosymar@epa.gov, or Lynorae Benjamin, Air Quality
Modeling and Transportation 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, (404) 562 9040, benjamin.lynorae@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What is the Background for This Action?
III. What is EPA's Analysis of the Edmonson County Maintenance
Area's Second 10-Year Plan?
IV. What are the MVEBs for the Edmonson County Maintenance Area?
V. What is an Adequacy Determination and What is the Status of EPA's
Adequacy Determination for the Edmonson Maintenance Area's New MVEB
for the Year 2015?
VI. Final Action
VII. Statutory and Executive Order Reviews

I. General Information

A. How Can I Get Copies Of This Document and Other Related Information?

In addition to the publicly available docket materials available
for inspection electronically in Regional Material in EDocket, and the
hard copy available at the Regional Office, which are identified in the
ADDRESSES section above, copies of the State submittal and EPA's
technical support document are also available for public inspection
during normal business hours, by appointment at the State Air Agency,
Commonwealth of Kentucky, Division of Air Quality, 803 Schenkel Lane,
Frankfort, Kentucky 40601-1403.

II. What Is the Background for This Action?

The air quality maintenance plan is a requirement of the 1990 CAA
for nonattainment areas that come into compliance with the national
ambient air quality standard (NAAQS) to assure their continued
maintenance of that standard. Eight years after redesignation to
attainment, section 175A(b) of the CAA requires the state to submit a
revised maintenance plan which demonstrates that attainment will
continue to be maintained for the ten years following the initial ten-
year period (this is known as the second 10-year plan). This second 10-
year plan updates the original 10-year 1-hour ozone maintenance plan
for the next 10-year period.
EPA designated Edmonson County, Kentucky as marginal nonattainment
for the 1-hour ozone NAAQS on November 6, 1991 (56 FR 56694), effective
on January 6, 1992. EPA approved the redesignation of Edmonson County
to attainment for the 1-hour ozone standard, on November 3, 1994 (60 FR
47092), effective on January 3, 1995. In this same rulemaking, EPA also
approved the Edmonson County's plan for maintaining the 1-hour ozone
NAAQS for the time period 1994 through 2004.
On February 19, 2004, Kentucky submitted to EPA a draft SIP
revision for parallel processing to provide for the 10-year update to
the original maintenance plans for five 1-hour ozone maintenance areas
as required by section 175A(b) of the CAA. Specific to the Edmonson
County Maintenance Area, the draft revision provided an update to the
Edmonson County 1-Hour Ozone Maintenance plan for the next 10 years,
i.e., 2005 through 2015. This draft 10-year update for the Edmonson County

[[Page 75475]]

Maintenance Area included updated MVEBs for the year 2004 and
established new MVEBs for the year 2015. While EPA did not have the
opportunity to parallel process this draft submittal, EPA did begin the
Adequacy Process for the newly-established 2015 MVEBs. The Adequacy
comment period for the 2015 MVEBs began on February 24, 2004, with
EPA's posting of the availability of this submittal on EPA's Adequacy
Web site (at http://www.epa.gov/otaq/transp/conform/adequacy.htm). The
Adequacy comment period for these MVEBs ended March 25, 2004. No
requests for this submittal or adverse comments on this submittal were
received during the Adequacy comment period. Please see the Adequacy
Section of this rulemaking for further explanation on this process.
While EPA can initiate the Adequacy process with a draft submittal,
EPA cannot conclude this process until a final submittal is received.
On August 24, 2004, Kentucky submitted to EPA a final SIP revision for
the 10-year update to the original maintenance plans for three 1-hour
ozone maintenance areas as required by section 175A(b) of the CAA. This
final submittal includes the updated MVEBs for the year 2004 and
establishes new MVEBs for the year 2015.

III. What Is EPA's Analysis of the Edmonson County Maintenance Area's
Second 10-Year Plan?

The Commonwealth's August 24, 2004, final SIP revision includes a
second 10-year maintenance plan for the Edmonson County Maintenance
Area, and indicates continued maintenance of the 1-hour ozone standard
through 2015. In this submittal, Kentucky opted to use 1990 as the
comparison year to demonstrate continued maintenance. While use of the
1990 emission inventory appears to demonstrate continued maintenance
for the 1-hour ozone standard with regard to the volatile organic
compound (VOC) precursor inventory, the use of the 1990 emission
inventory does not appear to demonstrate continued maintenance for the
1-hour ozone standard with regard to the nitrogen oxide
(NO_X) precursor inventory because the total NO_X
emissions levels in 2000 is higher than those in 1990. However, the
revision includes new ozone precursor emission inventory for 2000 for
Edmonson County which reflect updated emission controls applicable for
the area, and projected emissions for 2004, 2005, 2009, 2012, and 2015.
In the September 4, 1992, EPA guidance document, entitled,
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' EPA encourages the use of updated emission inventories to
verify continued attainment. As the Commonwealth mentions in its
submittal, the 2000 emission inventories are updated, and are being
provided as a part of the August 24, 2004, final SIP revision. This
area was attainment for the 1-hour ozone standard in 2000, so EPA
believes that these emission inventories also indicate attainment for
the area, and can be used for comparison purposes for demonstrating
continued maintenance in the projected years of 2004, 2005, 2009, 2012,
and 2015. The level of the projected emissions for all projected years
for both the NO_X and VOC precursors is below the level of
emissions for these precursors in 2000. Therefore, EPA believes that
this is a sufficient demonstration of continued maintenance for the 1-
hour ozone standard for the Edmonson County area. Furthermore, this
area is currently in attainment for the more stringent 8-hour ozone
standard. This rationale is consistent with the September 4, 1992, EPA
Guidance memorandum entitled ``Procedures for Processing Requests to
Redesignate Areas to Attainment.''
EPA is processing the Edmonson County portion of Kentucky's SIP
revision and is approving the Edmonson County 10-year update for its 1-
hour ozone maintenance plan, including approval of the updated 2004
MVEBs and the newly-established 2015 MVEBs, because EPA has determined
that the Plan complies with the requirements of Section 175A of the
CAA. The following two tables provide emissions data and projections
calculated, using MOBILE6.2, for the ozone precursors, VOC and
NO_X. Italicized figures in Tables 1 and 2 highlight data
comprising the 2004 and 2015 MVEBs, also presented in Table 3.

Table 1.--Edmonson County 1-Hour Ozone Maintenance Area VOC Emissions (Tons Per Day)
[Year 1990, 2000 emission inventory and projected VOC emissions (2004-2015)]
----------------------------------------------------------------------------------------------------------------
County 1990 2000 2004 2005 2009 2012 2015
----------------------------------------------------------------------------------------------------------------
Point.............................. 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Area............................... 0.74 0.89 0.93 0.94 0.98 1.02 1.05
Highway............................ 1.57 0.73 0.60 0.55 0.45 0.38 0.33
Non-Hwy............................ 0.45 0.27 0.26 0.25 0.23 0.23 0.23
Edmonson........................... 2.76 1.89 1.79 1.74 1.66 1.63 1.61
Safety Margin...................... N/A N/A 0.10 0.15 0.23 0.26 0.28
----------------------------------------------------------------------------------------------------------------

Table 2.--Edmonson County 1-Hour Ozone Maintenance Area NOX Emissions (Tons Per Day)
[Year 1990, 2000 emission inventory and projected NOX emissions (2004-2015)]
----------------------------------------------------------------------------------------------------------------
County 1990 2000 2004 2005 2009 2012 2015
----------------------------------------------------------------------------------------------------------------
Point.............................. 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Area............................... 0.04 0.06 0.06 0.06 0.06 0.07 0.07
Highway............................ 1.08 1.09 0.95 0.91 0.72 0.56 0.43
Non-Hwy............................ 0.37 0.52 0.48 0.48 0.43 0.40 0.38
Edmonson........................... 1.49 1.67 1.49 1.45 1.21 1.03 0.88
Safety Margin...................... N/A N/A 0.18 0.22 0.46 0.64 0.79
----------------------------------------------------------------------------------------------------------------

Under 40 CFR 93.101, the term safety margin is the difference
between the attainment level (from all sources) and the projected level
of emissions (from all sources) in the maintenance plan. The attainment
level of emissions is the level of emissions during one of the years in
which the area met the air quality health standard.

[[Page 75476]]

The emissions from point, area, nonroad, and mobile sources in 2000
equal 1.89 tons per day (tpd) of VOC for Edmonson County. Projected VOC
emissions out to the year 2015 equal 1.61 tpd of VOC. The available
safety margin for VOC is calculated to be the difference between these
amounts or, in this case, 0.28 tpd of VOC for 2015. By this same
method, 0.79 tpd (i.e., 1.67 tpd less 0.88 tpd) is the safety margin
for NO_X for 2015. The emissions are projected to maintain
the area's air quality consistent with the NAAQS. The safety margin
credit, or a portion thereof, can be allocated to the transportation
sector. The total emission level must stay below the attainment level
to be acceptable. The safety margin is the extra emissions that can be
allocated as long as the total attainment level of emissions is maintained.
As mentioned previously, the Commonwealth's August 24, 2004, final
SIP revision also updates the MVEBs for the Edmonson County Maintenance
Area for 2004, and establishes new MVEBs for 2015. Because EPA did not
provide a separate notice regarding the adequacy of the 2015 MVEBs, EPA
is taking the opportunity through this rulemaking to announce that it
has determined that the 2015 MVEBs are adequate for use to determine
transportation conformity. See section V of this rulemaking for more
information on EPA's Adequacy Process and determination for this area.

IV. What Are the MVEBs for the Edmonson County Maintenance Area?

Maintenance plans and other control strategy SIPs create MVEBs for
criteria pollutants and/or their precursors to address pollution from
cars and trucks. The MVEB is the portion of the total allowable
emissions that is allocated to highway and transit vehicle use and
emissions. The MVEB serves as a ceiling on emissions from an area's
planned transportation system. The MVEB concept is further explained in
the preamble to the November 24, 1993, Transportation Conformity Rule
(58 FR 62188). The preamble also describes how to establish the MVEBs
in the SIP and how to revise the MVEBs.
Under section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (e.g., be
consistent with) the part of the State's air quality plan that
addresses pollution from cars and trucks. ``Conformity'' to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of
the national ambient air quality standards. If a transportation plan
does not ``conform,'' most projects that would expand the capacity of
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA
policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP.
In this revision, Kentucky used MOBILE6.2 to update the Edmonson
County MVEBs for 2004, in addition to establishing MVEBs for VOC and
NO_X for the year 2015. The MVEBs have been defined for 2004
and 2015 in the Commonwealth's submittal, and are presented in Table 3
below.

Table 3
------------------------------------------------------------------------
NOX VOC
------------------------------------------------------------------------
2004.................................................. 0.95 0.60
2015.................................................. 0.43 0.33
------------------------------------------------------------------------

For the 2004 and 2015 MVEBs, the values for a given year are equal
to the on-road mobile source projected level of emissions for that year
(i.e., none of the available safety margins for VOC and NO_X
were allocated to the MVEBs). The MVEBs are constrained in each of the
budget years to assure that the total emissions (i.e., all source
categories) do not exceed the 2000 base year emissions. In no case are
the projected total emissions from mobile sources for any year greater
than the base year emissions totals for either VOC or NO_X.
As part of this final approval, EPA is approving both the revisions
to the 2004 MVEBs and the newly-established 2015 MVEBs for the Edmonson
County Maintenance Area. Upon EPA approval of the revised 2004 and new
2015 MVEBs in this final rulemaking, the Edmonson maintenance area must
use the revised and new MVEBs for future transportation conformity
determinations, effective on the effective date of this direct final
rulemaking.

V. What Is an Adequacy Determination and What Is the Status of EPA's
Adequacy Determination for the Edmonson Maintenance Area's New MVEB for
the Year 2015?

Until a MVEB in a SIP submittal is approved by EPA, it cannot be
used for transportation conformity purposes unless EPA makes an
affirmative finding that the MVEBs contained therein are ``adequate.''
Once EPA affirmatively finds the submitted MVEBs adequate for
transportation conformity purposes, those MVEBs can be used by State
and Federal agencies in determining whether proposed transportation
projects ``conform'' to the SIP even though EPA approval of the SIP
revision containing those MVEBs has not yet been finalized. EPA's
substantive criteria for determining ``adequacy'' of MVEBs in submitted
SIPs are set out in 40 CFR 93.118(e)(4).
EPA's process for determining ``adequacy'' of MVEBs in submitted
SIPs consists of three basic steps: public comment period, and EPA's
adequacy finding. This process for determining the adequacy of
submitted SIP MVEBs is set out in EPA's May 1999 guidance, ``Conformity
Guidance on Implementation of March 2, 1999, Conformity Court
Decision.'' This guidance is incorporated into EPA's June 30, 2003,
proposed rulemaking entitled ``Transportation Conformity Rule
Amendments: Response to Court Decision and Additional Rule Changes''
(68 FR 38974). Additionally, this guidance was finalized in the
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards and Miscellaneous
Revisions for Existing Areas; Transportation Conformity Rule
Amendments--Response to Court Decision and Additional Rule Change'' on
July 1, 2004 (69 FR 40004). EPA follows this guidance and rulemaking in
making its adequacy determinations.
The Edmonson County Maintenance Area's draft second 10-year
maintenance plan submissions contained new proposed VOC and
NO_X MVEBs for the year 2015. The availability of the draft
SIP submission with these 2015 MVEBs was announced for public comment
on EPA's adequacy Web page on February 24, 2004, at: http://www.epa.gov/
otaq/transp/conform/currsips.htm. The EPA public comment
period on adequacy of the 2015 MVEBs for the Edmonson County
Maintenance Area closed on March 25, 2004. EPA did not receive any
adverse comments, and in this rulemaking, is making a determination
that the adequacy criteria for the 2015 MVEB have been met.
Additionally, EPA through this rulemaking is approving those MVEBs for
use to determine transportation conformity.

VI. Final Action

EPA is approving Kentucky's August 24, 2004, SIP revision
pertaining to the Edmonson County Maintenance Area's 10-year update for
its 1-hour ozone maintenance plan, and is providing notice that it has
determined the 2015 VOC and NO_X MVEBs to be adequate under
the requirements of 40 CFR 93.118(e)(4). Additionally, through this
action, EPA is approving the revised 2004 MVEBs and the newly-
established 2015 MVEBs for the Edmonson County area. The revised 2004
MVEBs are 0.60

[[Page 75477]]

tpd for VOC and 0.95 tpd for NO_X; the 2015 MVEBs are 0.33
tpd for VOC and 0.43 tpd for NO_X. EPA is approving the
aformentioned changes to Kentucky's SIP because they are consistent
with Agency policy and guidance and meet all the requirements of
section 110 and section 175A of the Clean Air Act. As a result of
today's SIP revision approval, the revised 2004 MVEBs and the newly
established MVEB for 2015 must be used for future transportation
conformity determinations effective on February 15, 2005. The MVEBs,
based on the on-road mobile sources, are to be used by the local
metropolitan planning organizations and transportation authorities to
assure that transportation plans, programs, and projects are consistent
with, and conform to, the long term maintenance of acceptable air
quality in the Edmonson County area.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective February 15,
2005, without further notice unless the Agency receives adverse
comments by January 18, 2005.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on February 15, 2005, and
no further action will be taken on the proposed rule. Please note that
if we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VII. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 15, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

Dated: November 29, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

? Part 52 of chapter I, title 40, Code of Federal Regulations, 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 at the end of
the table for ``Edmonson Ozone 10 year

[[Page 75478]]

Maintenance Plan Update'' to read as follows:

Sec. 52.920 Identification of plan.

* * * * *
(e) * * *

EPA Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State submittal date/effective
provision or nonattainment area date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Edmonson Ozone 10 year Maintenance Edmonson County...... August 24, 2003................. December 17, 2004 ...............
Plan Update. [Insert Federal Register
citation]
----------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 04-27656 Filed 12-16-04; 8:45 am]
BILLING CODE 6560-50-P

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Approval and Promulgation of Implementation Plans Kentucky: 1- Hour Ozone Maintenance Plan Update for Edmonson Area

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