[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75865-75868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30954]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0751; FRL- 9763-9]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of 
the Kentucky Portion of the Huntington-Ashland, WV-KY-OH 1997 Annual 
Fine Particulate Matter Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a request submitted on 
February 12, 2012, by the Commonwealth of Kentucky, through the 
Kentucky Energy and Environment Cabinet, Division for Air Quality 
(DAQ), to redesignate the Kentucky portion of the tri-state Huntington-
Ashland, West Virginia-Kentucky-Ohio fine particulate matter 
(PM2.5) nonattainment area (hereafter referred to as the 
``Huntington-Ashland Area'' or ``Area'') to attainment for the 1997 
Annual PM2.5 National Ambient Air Quality Standards (NAAQS). 
The Huntington-Ashland Area is composed of Boyd County and a portion of 
Lawrence County in Kentucky; Lawrence and Scioto Counties and portions 
of Adams and Gallia Counties in Ohio; and Cabell and Wayne Counties and 
a portion of Mason County in West Virginia. EPA's approval of the 
redesignation request is based on the determination that Kentucky has 
met the criteria for redesignation to attainment set forth in the Clean 
Air Act (CAA or Act). EPA is approving a revision to the Kentucky State 
Implementation Plan (SIP) to include the 1997 Annual PM2.5 
maintenance plan for the Kentucky portion of the Huntington-Ashland 
Area. EPA is also approving the on-road motor vehicle insignificance 
finding for direct PM2.5 and nitrogen oxides (NOx) for the 
Kentucky portion of the Huntington-Ashland Area.

DATES: Effective Date: This rule will be effective on December 26, 2012

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0751. 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

[[Page 75866]]

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: Joel Huey, 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. Joel Huey may be reached by 
phone at (404) 562-9104 or via electronic mail at huey.joel@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the Background for the Actions?
II. What are the Actions EPA is Taking?
III. Why is EPA Taking These Actions?
IV. What are the Effects of These Actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the Background for the Actions?

    As stated in EPA's proposed approval notice published on November 
19, 2012 (77 FR 69409), this redesignation action addresses the 
Kentucky portion of the Huntington-Ashland Area's status solely with 
respect to the 1997 Annual PM2.5 NAAQS, for which 
designations were finalized on November 13, 2009 (74 FR 58688). On 
February 12, 2012,\1\ the Commonwealth of Kentucky, through DAQ, 
submitted a request to redesignate the Kentucky portion of the 
Huntington-Ashland Area to attainment for the 1997 Annual 
PM2.5 NAAQS, and for EPA approval of the Kentucky SIP 
revision containing a maintenance plan for the Area. In the November 
19, 2012, notice, EPA proposed to take the following separate but 
related actions, some of which involve multiple elements: (1) To 
redesignate the Kentucky portion of the Huntington-Ashland Area to 
attainment for the 1997 Annual PM2.5 NAAQS, and (2) to 
approve into the Kentucky SIP, under section 175A of the CAA, 
Kentucky's 1997 Annual PM2.5 NAAQS maintenance plan, 
including the on-road motor vehicle insignificance finding for direct 
PM2.5 and NOx for the Kentucky portion of the Huntington-
Ashland Area. EPA received no comments, adverse or otherwise, on the 
November 19, 2012, proposed rulemaking. As noted in the November 19, 
2012, proposal notice, on April 11, 2012, EPA approved, under section 
172(c)(3) of the CAA, Kentucky's 2002 base-year emissions inventory for 
the Huntington-Ashland Area as part of the SIP revision submitted by 
the Commonwealth to provide for attainment of the 1997 
p.m.2.5 NAAQS in the Area. EPA received no comments, adverse 
or otherwise, on the proposal related to approval of Kentucky's 2002 
base-year emissions inventory.
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    \1\ Although EPA received Kentucky's the request to redesignate 
the Kentucky portion of the Huntington-Ashland Area to attainment 
for the 1997 Annual PM2.5 NAAQS on February 12, 2012, the 
official SIP submittal date and state effective date is the date of 
the submittal cover letter, February 9, 2012.
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    EPA is now taking final action on the three actions identified 
above. Additional background for today's action is set forth in EPA's 
November 19, 2012, proposal and is summarized below.
    EPA has reviewed the most recent ambient monitoring data, which 
indicate that the Huntington-Ashland Area continues to attain the 1997 
Annual PM2.5 NAAQS beyond the submitted 3-year attainment 
period of 2008-2010. As stated in EPA's November 19, 2012, proposal 
notice, the 3-year design value of 13.1 [mu]g/m\3\ for 2008-2010 meets 
the NAAQS of 15.0 [mu]g/m\3\. Quality assured and certified data in 
EPA's Air Quality System (AQS) for 2011 provide a 3-year design value 
of 12.1 [mu]g/m\3\ for 2009-2011. Furthermore, preliminary monitoring 
data for 2012 indicate that the Area is continuing to attain the 1997 
Annual PM2.5 NAAQS. The 2012 preliminary data are available 
AQS although not yet quality assured and certified.

II. What are the actions EPA is taking?

    In today's rulemaking, EPA is approving: (1) Kentucky's 
redesignation request to change the legal designation of Boyd County 
and a portion of Lawrence County in Kentucky from nonattainment to 
attainment for the 1997 Annual PM2.5 NAAQS, and (2) 
Kentucky's 1997 Annual PM2.5 maintenance plan (such approval 
being one of the CAA criteria for redesignation to attainment status) 
for the Kentucky portion of the Huntington-Ashland Area. The 
maintenance plan is designed to demonstrate that the Kentucky portion 
of the Huntington-Ashland Area will continue to attain the 1997 Annual 
PM2.5 NAAQS through 2022. EPA's approval of the 
redesignation request is based on EPA's determination that the Kentucky 
portion of the Huntington-Ashland Area meets the criteria for 
redesignation set forth in CAA, sections 107(d)(3)(E) and 175A, 
including EPA's determination that the Kentucky portion of the 
Huntington-Ashland Area has attained the 1997 Annual PM2.5 
NAAQS. EPA's analyses of Kentucky's redesignation request, maintenance 
plan, and emissions inventory are described in detail in the November 
19, 2012, proposed rule (77 FR 69409).
    Consistent with the CAA, the maintenance plan that EPA is approving 
also includes an on-road motor vehicle insignificance finding for 
direct PM2.5 and NOx for the Kentucky portion of the 
Huntington-Ashland Area. In this action, EPA is approving this 
insignificance finding for the purposes of transportation conformity.

III. Why is EPA taking these actions?

    EPA has determined that the Kentucky portion of the Huntington-
Ashland Area has attained the 1997 Annual PM2.5 NAAQS and 
has also determined that all other criteria for the redesignation of 
the Kentucky portion of the Huntington-Ashland Area from nonattainment 
to attainment of the 1997 Annual PM2.5 NAAQS have been met. 
See CAA section 107(d)(3)(E). One of those requirements is that the 
Kentucky portion of the Huntington-Ashland Area has an approved plan 
demonstrating maintenance of the 1997 Annual PM2.5 NAAQS. 
EPA is also taking final action to approve the maintenance plan for the 
Kentucky portion of the Huntington-Ashland Area as meeting the 
requirements of sections 175A and 107(d)(3)(E) of the CAA. In addition, 
EPA is approving the on-road motor vehicle insignificance finding for 
direct PM2.5 and NOx for the Kentucky portion of the 
Huntington-Ashland Area. The detailed rationale for EPA's findings and 
actions are set forth in the proposed rulemaking and in other 
discussion in this final rulemaking.

IV. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of Boyd County and a portion of Lawrence County in Kentucky from 
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. 
EPA is modifying the regulatory table in 40 CFR 81.318 to reflect a 
designation of attainment for these counties. EPA is also approving, as 
a revision to the Kentucky SIP, the Commonwealth's plan for maintaining 
the 1997 Annual PM2.5 NAAQS in the Kentucky portion of the 
Huntington-Ashland Area through 2022. The maintenance plan includes 
contingency measures to remedy possible future violations of the 1997 
Annual PM2.5 NAAQS and establishes an on-road motor vehicle 
insignificance finding for direct PM2.5 and NOx for the 
Kentucky portion of the Huntington-Ashland Area.

[[Page 75867]]

V. Final Action

    EPA is taking final action to approve the redesignation and change 
the legal designation of Boyd County and a portion of Lawrence County 
in Kentucky from nonattainment to attainment for the 1997 Annual 
PM2.5 NAAQS. Through this action, EPA is also approving into 
the Kentucky SIP the 1997Annual PM2.5 maintenance plan for 
the Kentucky portion of the Huntington-Ashland Area, which includes an 
on-road motor vehicle insignificance finding for direct 
PM2.5 and NOx for the Kentucky portion of the Huntington-
Ashland Area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. This 
is because a delayed effective date is unnecessary due to the nature of 
a redesignation to attainment, which relieves the Area from certain CAA 
requirements that would otherwise apply to it. The immediate effective 
date for this action is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule grants or recognizes an exemption or 
relieves a restriction, and section 553(d)(3), which allows an 
effective date less than 30 days after publication as otherwise 
provided by the agency for good cause found and published with the 
rule. The purpose of the 30-day waiting period prescribed in section 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule relieves the Commonwealth of various 
requirements for the Kentucky portion of the Huntington-Ashland Area. 
For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for 
this action to become effective on the date of publication of this 
action.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For these reasons, these actions:
     Are 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory action subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001);
     Are 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,
     Do 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 February 25, 2013. 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

 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, and Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks.

    Dated: December 13, 2012.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
    40 CFR parts 52 and 81 are 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 ``1997 Annual 
PM2.5 Maintenance Plan for the Kentucky portion of the 
Huntington-Ashland Area'' at the end of the table to read as follows:

[[Page 75868]]

Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                        Applicable           State
    Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date       Explanations
            provision               nonattainment area  effective date
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                                                * * * * * * * * *
1997 Annual PM2.5 Maintenance      Boyd County and              2/9/12  12/26/12 [Insert     For the 1997 Annual
 Plan for the Kentucky portion of   Lawrence County                      citation of          PM2.5 NAAQS.
 the Huntington-Ashland Area.       (part) (Kentucky                     publication].
                                    portion of the
                                    Huntington-Ashland
                                    WV-KY-OH Area).
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PART 81-[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.
0
4. In Sec.  81.318, the table entitled ``Kentucky-PM2.5 
(Annual NAAQS)'' is amended under ``Huntington-Ashland, WV-KY-OH'' by 
revising the entries for ``Boyd County'' and ``Lawrence County (part)'' 
to read as follows:


Sec.  81.318  Kentucky.

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                     Kentucky--PM2.5--(Annual NAAQS)
------------------------------------------------------------------------
                                              Designation\a\
         Designated area         ---------------------------------------
                                        Date\1\              Type
------------------------------------------------------------------------
Huntington-Ashland, WV-KY-OH:
 
                                 * * * *
Boyd County.....................  This action is      Attainment
                                   effective 12/26/
                                   12.
Lawrence County (part)..........  This action is      Attainment
                                   effective 12/26/
                                   12.
 
                                 * * * *
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\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

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[FR Doc. 2012-30954 Filed 12-21-12; 4:15 pm]
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