[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Rules and Regulations]
[Pages 29786-29792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4820]
[[Page 29786]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R04-OAR-2005-KY-0002-200531(a); FRL-8174-1]
Approval and Promulgation of Implementation Plans; Kentucky;
Redesignation of the Boyd County SO2 Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On May 13, 2005, and later clarified in a July 12, 2005,
supplemental submittal, the Commonwealth of Kentucky submitted a
request to redesignate the sulfur dioxide (SO2)
nonattainment area of Boyd County to attainment of the National Ambient
Air Quality Standards (NAAQS) for SO2. Boyd County is
located within the Huntington-Ashland, West Virginia (WV)-Kentucky
(KY)-Ohio (OH) Metropolitan Statistical Area (MSA), and the Boyd County
SO2 nonattainment area is comprised of the southern portion
of Boyd County. The Commonwealth also submitted, as revisions to the
Kentucky State Implementation Plan (SIP), a maintenance plan for the
area and a source-specific SIP revision for the Calgon Carbon
Corporation facility in Catlettsburg, Kentucky. EPA is approving the
redesignation request for the Boyd County SO2 nonattainment
area and the maintenance plan for this area. The maintenance plan
provides for the maintenance of the SO2 NAAQS in Boyd County
for the next ten years. EPA is also approving the source-specific SIP
revision for the Calgon Carbon Corporation facility.
DATES: This rule is effective on July 24, 2006 without further notice,
unless EPA receives adverse written comment by June 23, 2006. If EPA
receives such comments, it 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-2005-KY-0002, 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: [email protected].
4. Fax: 404.562.9019.
5. Mail: ``R04-OAR-2005-KY-0002,'' 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: Stacy
DiFrank, 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 RME ID No. R04-OAR-2005-KY-
0002. 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 person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection.
FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, (404) 562-9042, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the Background for the Actions?
II. What Actions is EPA Taking?
III. What are the Criteria for Redesignation and Approval of the
Maintenance Plan?
IV. Final Actions
V. Statutory and Executive Order Reviews
I. What is the Background for the Actions?
On March 3, 1978 (43 FR 8962), EPA designated Boyd County, Kentucky
as nonattainment for SO2 based upon modeling which indicated
that both the annual and the 24-hour SO2 NAAQS were being
violated. The 1978 nonattainment designation covered Boyd County in its
entirety. On November 2, 1979 (44 FR 63104), following the completion
of a monitoring study and at the request of the Commonwealth of
Kentucky, EPA redefined the SO2 nonattainment area to
include only the southern portion of Boyd County (e.g., that part of
the County lying south of Universal Transverse Mercator (UTM) Northing
Line 4251 km). Thus, after 1979, the Boyd County SO2
nonattainment area has been comprised of only the southern portion of
the County. The major sources of SO2 emissions impacting the
Boyd County SO2 nonattainment area are Calgon Carbon
Corporation's carbon reactivation facility in Catlettsburg, Kentucky
(Calgon Carbon Corporation's facility) and a petroleum refinery in
Catlettsburg operated by Catlettsburg Refining, LLC, a subsidiary of
Marathon
[[Page 29787]]
Ashland Petroleum LLC (Marathon Ashland's petroleum refinery).
On the date of enactment of the 1990 Clean Air Act (CAA or the Act)
Amendments, SO2 areas meeting the conditions of section
107(d) of the Act, including pre-existing SO2 nonattainment
areas, were designated nonattainment for the SO2 NAAQS by
operation of law. As a result, the Boyd County SO2
nonattainment area remained nonattainment for the SO2 NAAQS
following enactment of the 1990 CAA Amendments on November 15, 1990.
Under the CAA, EPA may redesignate areas to attainment if
sufficient data are available to warrant such changes and the area
meets the criteria contained in section 107(d)(3) of the Act, including
full approval of a maintenance plan for the area. On May 13, 2005, and
later clarified in a July 12, 2005, supplemental submittal, Kentucky
submitted a request to redesignate the Boyd County SO2
nonattainment area to attainment status. The request includes modeling
and monitoring data that demonstrates attainment of the SO2
NAAQS. The modeling analysis includes an inventory of SO2
emissions sources located within fifty kilometers (km) of the
nonattainment area. The Commonwealth also submitted a maintenance plan
as a SIP revision which provides for maintenance of the SO2
NAAQS in Boyd County for the next ten years. The maintenance plan
includes a list of emissions sources, their emission rates and other
stack parameters. In addition, Kentucky submitted a source-specific SIP
revision to incorporate specified emissions points and their associated
emissions limits (as set out in the Calgon Carbon Corporation
facility's 2005 title V operating permit) into the Kentucky SIP.
II. What Actions is EPA Taking?
Through this rulemaking, EPA is taking several related actions. EPA
is redesignating the Boyd County SO2 nonattainment area to
attainment status because Kentucky's redesignation request meets the
requirements of section 107(d)(3)(E) of the CAA. EPA is also approving
Kentucky's SIP revision which provides a maintenance plan for Boyd
County (such approval being one of the CAA criteria for redesignation
to attainment status) because the plan meets the requirements of CAA
section 175A. Finally, EPA is approving the source-specific SIP
revision for Calgon Carbon Corporation's facility, which incorporates
specified emissions points and their associated emissions limits (as
detailed in section III below) into the Kentucky SIP.
III. What are the Criteria for Redesignation and Approval of the
Maintenance Plan?
Section 107(d)(3)(E) of the CAA, as amended, specifies five
requirements that must be met to redesignate an area to attainment.
They are as follows:
1. The area must meet the applicable NAAQS;
2. The area must have a fully approved SIP under section 110(k);
3. The area must show improvement in air quality due to permanent
and enforceable reductions in emissions;
4. The area must meet all applicable requirements under section 110
and part D of the Act; and
5. The area must have a fully approved maintenance plan pursuant to
section 175A.
EPA has reviewed the redesignation request submitted by the
Commonwealth for the Boyd County SO2 nonattainment area and
finds that the request meets the five requirements of section
107(d)(3)(E).
1. The Data Shows Attainment of the NAAQS for SO2 in the
Boyd County Nonattainment Area
Boyd County's 1979 nonattainment designation was based upon
monitored values recorded in the area in the mid 1970s. No ambient air
quality violations of the SO2 NAAQS have occurred in recent
years due to the implementation of permanent and enforceable measures
to reduce ambient SO2 levels. In particular, since the time
of the nonattainment designation, reductions in SO2
emissions have occurred at the Marathon Ashland petroleum refinery and
at the Calgon Carbon Corporation facility--both located in
Catlettsburg, Boyd County, Kentucky.
There is currently one monitor operating within the Boyd County
SO2 nonattainment area and the redesignation request for the
area is based upon the most recent five years of air quality data
(2001-2005) from that monitor. See Table 1 below. The data was
collected and quality assured in accordance with 40 CFR part 58, and
entered into the Air Quality Subsystem (AQS) of the Aerometric
Information Retrieval System (AIRS). The primary SO2 NAAQS
consists of an annual mean of 0.030 parts per million (ppm), not to be
exceeded in a calendar year, and a 24-hour average of 0.14 ppm, not to
be exceeded more than once per calendar year. The secondary
SO2 NAAQS is a 3-hour average of 0.5 ppm, not to be exceeded
more than once per calendar year. The data indicate that the County's
ambient air quality attains the annual and 24-hour primary
SO2 standards, as well as the 3-hour SO2
secondary standard. Kentucky's May 2005 submittal also includes a table
in Appendix C, summarizing the monitoring data that has been collected
in Boyd County since 1975. The Commonwealth's submittal is included and
available for review in both the hard copy and E-Docket for this
rulemaking.
Table 1.--SO2 Data for Boyd County Ambient Monitors
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OBS
2nd max 24-hr OBS 2nd max 3-hr >0.5 ppm OBS
Monitor ID Year (ppm) >0.14 ppm ppm (1300 [mu]g/ Annual (ppm) >0.03 ppm (80
(365 [mu]g/m3) m3) [mu]g/m3)
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21-019-0017............................. 2001 .013 0 .038 0 .0045 0
2002 .020 0 .041 0 .0039 0
2003 .023 0 .063 0 .0038 0
2004 .018 0 .061 0 .0041 0
2005 .023 0 .048 0 .0060 0
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For SO2, monitoring data alone is generally insufficient
to assess an area's attainment status. EPA's guidance memorandum
addressing redesignation requests states that for SO2 and
specified other pollutants, ``dispersion modeling will generally be
necessary to evaluate comprehensively sources' impacts.'' See
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director Air Quality
Management Division, to EPA Regional Air Directors, dated September 4,
1992. Typically, attainment planning for SO2
[[Page 29788]]
involves dispersion modeling used to demonstrate that the emission
limits adopted by the state are sufficient to assure attainment. With
such modeling, EPA can generally determine an area to be attaining the
standard without further modeling, provided monitoring data also
support that determination.
An inventory of significant SO2 emissions sources
located within fifty km of the Boyd County SO2 nonattainment
area is contained in the May 2005 maintenance plan submitted by
Kentucky. The SO2 emissions from these sources were used in
a modeling demonstration to show maintenance of the SO2
NAAQS for at least ten years. A summary of the modeling demonstration
is presented below. The complete details of the emissions inventory are
contained in Appendix F of Kentucky's 2005 submittal.
Maximum allowable permitted emissions limits were used for the Boyd
County modeling demonstration. Using the maximum allowable emissions
limits (that are not expected to change) results in a current and a
future projected inventory which are the same. These emissions limits
are established in operating conditions contained in federally
enforceable permits. In addition, certain source-specific emissions
limits (discussed below) for the Calgon Carbon Corporation facility are
being incorporated, through this rulemaking, into the Kentucky SIP. Any
future increases in emissions and/or significant changes to the stack
configuration parameters from those that were modeled would be subject
to the Kentucky SIP's minor source New Source Review (NSR) and/or
Prevention of Deterioration (PSD) requirements, which include
demonstrating that the SO2 NAAQS and applicable PSD
increments are protected.
The Commonwealth's air dispersion modeling was developed according
to EPA guidance at Appendix W of 40 CFR part 51: Guideline on Air
Quality Models (i.e. Modeling Guideline). The American Meteorological
Society (AMS)/United States Environmental Protection Agency (EPA)
Regulatory Model Improvement Committee (AERMIC) Model (AERMOD) was used
in the demonstration. The modeling system consists of 3 components:
AERMOD (the air dispersion model), the AERMOD meteorological
preprocessor (AERMET), and the AERMOD mapping program for processing
terrain and generating receptor elevations (AERMAP). The AERMOD
modeling system can be found on the Support Center for Regulatory
Models (SCRAM) Internet site, i.e. http://www.epa.gov/ttn/scram/.
During the development of the redesignation modeling and at the time of
the submittal of the SIP and its supplement, AERMOD was not an EPA
regulatory model but was proposed to be included as a preferred EPA
model in the April 20, 2000 Federal Register (65 FR 21506). The
Kentucky Division for Air Quality (KDAQ) requested approval for use of
the AERMOD model in a letter dated October 20, 2003, and EPA approved
the request in a letter to the Commonwealth dated November 12, 2003.
AERMOD was promulgated as a regulatory air dispersion model in the
November 9, 2005 Federal Register (70 FR 68218).
Meteorological data used in this modeling demonstration consists
of: (1) Surface level date collected on-site at the Cooper School tower
near Catlettsburg, Kentucky, which is within the nonattainment area and
which has been supplemented with data from the Huntington/Tri-State
Airport National Weather Service (NWS) station as needed; and (2)
upper-air data from the Huntington/Tri-State Airport NWS station. These
meteorological data were prepared for use with AERMOD using the AERMET
preprocessor. As indicated in the emissions inventory discussion above,
significant SO2 emissions sources located within fifty km of
the nonattainment area were used in the modeling demonstration. Maximum
allowable and/or permitted SO2 emissions rates were used as
inputs to the model for each source specifically modeled.
Compliance with the three averaging periods for the SO2
NAAQS (i.e., 3-hour, 24-hour and annual) was indicated in the modeling
demonstration. The model-predicted concentration, when added to the
background ambient air quality monitored concentrations, were less than
the three averaging periods. These modeling results for the three
averaging periods for the SO2 NAAQS are presented in Table 2
below. A more detailed discussion of the modeling demonstration is
included in the Kentucky SIP submittal, including the complete details
of all the modeling inputs and results.
Table 2.--Summary of SO2 Modeling Results for Boyd County, Kentucky Nonattainment area
[Micrograms per cubic meter]
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Percent of
Maximum Background NAAQS
Averaging period modeled concentration Total EPA NAAQS standard
concentration (percent)
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3-hour.......................... 1060.18 103.4 1163.58 1300 89.5
24-hour......................... 306.66 43.2 349.86 365 95.9
Annual.......................... 66.1 11.0 77.1 80 96.4
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EPA's review of both the monitoring and modeling data indicates
that attainment of the SO2 NAAQS has been demonstrated for
the Boyd County SO2 nonattainment area.
2. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
EPA has fully approved, under section 110(k) of the Act, the
applicable Kentucky SIP for the Boyd County SO2
nonattainment area. Following passage of the CAA of 1970, Kentucky has
adopted and submitted, and EPA has fully approved at various times,
provisions addressing the general SIP requirements set out in CAA
section 110 for all areas, including Boyd County. The historical record
of EPA's approval of Kentucky's SIP can be found at 40 CFR 52.920. In
addition, EPA is approving through this rulemaking, the Commonwealth's
attainment demonstration, maintenance plan, and source-specific SIP
revision related directly to the Boyd County SO2
nonattainment area. EPA may rely on prior SIP approvals in approving a
redesignation request, see Calcagni Memo, p. 3 Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir.
1998), Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), plus any additional
measures it may approve in conjunction with a redesignation action. See
also 68 FR 25426 (May 12, 2003) and citations therein.
[[Page 29789]]
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions
EPA has determined that the improvement in air quality in the Boyd
County SO2 nonattainment area is due to permanent and
enforceable emission reductions. Emissions inventories contained in the
attainment demonstration represent emissions limitations that are
federally enforceable because they are either SIP requirements or
permit limitations. For example, the primary sources of SO2
emissions in the Boyd County SO2 nonattainment area,
Marathon Ashland's petroleum refinery and Calgon Carbon Corporation's
facility, are subject to SO2 limitations in permits that
have resulted in significant SO2 reductions that are
permanent and enforceable.
Marathon Ashland's petroleum refinery reduced SO2
emissions by 24 percent in 1993 and these reductions were used in the
modeled attainment demonstration submitted by the Commonwealth in
conjunction with its redesignation request. In addition, the petroleum
refinery is subject to a 2001 Federal consent decree requiring
implementation of certain environmental measures, along with emissions
limitations and monitoring requirements which result, among other
things, in further SO2 emissions reductions from the
refinery. The consent decree requires that these further measures,
limitations, and monitoring requirements be incorporated into an
appropriate Federally enforceable permit and, pursuant to this
requirement, the Commonwealth issued a synthetic minor permit to
Marathon Ashland for the petroleum refinery in Catlettsburg on March
29, 2002. The synthetic minor permit incorporates the consent decree's
emissions limitations and other specified standards and measures for a
number of pollutants, including SO2, making them permanent
and enforceable.
Calgon Carbon Corporation's facility in Catlettsburg is also
subject to SO2 emissions limitations and other reporting and
recordkeeping requirements that are permanent and enforceable. Those
limitations and requirements are contained in the facility's CAA title
V operating permit issued on August 21, 2000, and revised on March 1,
2004, and result in a total SO2 emissions decrease at the
facility of 1,439.67 tons per year (tpy). In addition to the facility's
title V permit, specified SO2 emissions points and their
corresponding SO2 emissions limits which are contained in
the Calgon Carbon Corporation title V permit are being, through this
rulemaking, incorporated into the Kentucky SIP as a source-specific SIP
revision. The specific SO2 emissions points and associated
SO2 emissions limits which are being incorporated into the
SIP are described in Table 3 below.
Table 3.--SO2 Emission and Operating Caps Description for Calgon Carbon Corporation
[Catlettsburg, Kentucky]
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Calgon
AERMOD emmission emmission Affected facility Title V permit (V-00-015 R2) SO2 limitation
point point
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57.................. 12 B-Line Baker 0.0853 lb/mmBTU.
Heater.
58.................. 14 B-Line Activator. 2.88 lb/hr 12.6 tons/12 month period.
59.................. 21 C-Line Activators 7.72 lb/hr 33.8 tons/12 month period.
62.................. 31 D-Line Bakers.... 15.0 lb/hr 65.7 tons/12 month period.
63.................. 34 D-Line Activators 15 lb/hr 65.7 tons/12 month period.
64.................. 32 D-Line Baker 0.0853 lb/mmBTU.
Heater.
65.................. 40 E-Line Baker 0.477 lb/mmBTU.
Heater.
66.................. 39 E-Line Bakers.... 15.0 lb/hr 65.7 tons/12 month period.
67.................. 42 E-Line Activators 7.5 lb/hr 32.85 tons/12 months each.
69.................. 64 Package Boiler... 1.166 lb/mmBTU.
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The SO2 emissions reductions and emissions limitations
resulting from the permits and SIP revisions described above for these
existing sources support EPA's determination that the improvement in
air quality in the Boyd County SO2 nonattainment area is due
to permanent and enforceable emission reductions. If a new source is
constructed or an existing source modified after EPA redesignates the
area to attainment, the air quality analyses required under Kentucky's
SIP-approved PSD program will ensure that such sources are permitted
with emissions limits at or below those needed to assure attainment and
maintenance of the SO2 NAAQS and to protect all applicable
PSD increments.
4. The Commonwealth Has Met All Applicable Requirements for the Area
Under Section 110 and Part D of the CAA
Section 110(a)(2) of the Act contains the general requirements for
nonattainment plans (enforceable emission limits, ambient monitoring,
permitting of new sources, adequate funding, etc.). Over the years, EPA
has approved Kentucky's SIP as meeting the basic requirements of CAA
section 110(a)(2). See 40 CFR 52.920. In addition, through this
rulemaking, EPA is approving the attainment demonstration and
maintenance plan for the Boyd County SO2 nonattainment area
and the source-specific SIP revision for Calgon Carbon Corporation's
facility (which incorporates specified SO2 emissions points
and their corresponding SO2 emissions limits into the
Kentucky SIP). Thus, the Commonwealth has met all applicable
requirements for the area under CAA section 110(a)(2).
For redesignation, the Boyd County SO2 nonattainment
area must also meet all applicable requirements under part D of title I
of the Act. Part D contains the general provisions applicable to SIPs
for nonattainment areas. The planning requirements for SO2
nonattainment areas are set out in subparts 1 (CAA sections 171-179B)
and 5 (CAA sections 191-192) of part D of the Act. EPA issued guidance
in the General Preamble to title I of the CAA which describes our views
on how we will review SIPs and SIP revisions submitted under title I,
including those containing SO2 nonattainment and maintenance
area SIP provisions. See 57 FR 13498 (April 16, 1992); 57 FR 18070
(April 28, 1992). The General Preamble also discusses EPA's
interpretation of the
[[Page 29790]]
title I requirements and lists SO2 policy and guidance
documents.
CAA sections 191 and 192 of subpart 5 address requirements for
SO2 nonattainment areas designated subsequent to enactment
of the 1990 CAA Amendments and areas lacking fully approved SIPs
immediately before enactment of the 1990 CAA Amendments. The Boyd
County SO2 nonattainment area falls into neither of these
categories and is therefore subject to the general nonattainment
planning requirements of subpart 1 (CAA sections 171-179B). In
particular, CAA section 172 provides, among other requirements, that
SIPs must assure that reasonably available control measures (RACM)
(including such reductions in emissions from existing sources in the
area as may be obtained through the adoption, at a minimum, of
reasonably available control technology (RACT)) shall be implemented as
expeditiously as practicable and shall provide for attainment. As noted
above, EPA is approving, through this rulemaking, the Commonwealth's
attainment demonstration (including the emissions inventory and
enforceable emissions limitations), maintenance plan, and source-
specific SIP revision related directly to the Boyd County
SO2 nonattainment area. The emissions inventory and
enforceable emissions reductions demonstrated in the Commonwealth's May
2005 submittal, along with the Commonwealth's maintenance plan and
source-specific SIP revision for Calgon Carbon Corporation's facility,
satisfy subpart 1's nonattainment planning requirements and provide for
attainment of the area.
5. The Area Has a Fully Approved Maintenance Plan Under Section 175A of
the CAA
Section 175A of the CAA sets forth the necessary elements of a
maintenance plan needed for areas seeking redesignation from
nonattainment to attainment. The maintenance plan is required to be
approved as a SIP revision under section 110 of the CAA. Under section
175A(a) of the CAA, the maintenance plan must show that the NAAQS will
be maintained for at least ten years after EPA approves a redesignation
to attainment. The maintenance plan must also include contingency
measures to address any violation of the NAAQS.
In conjunction with its request to redesignate the Boyd County
SO2 nonattainment area to attainment status, Kentucky
submitted a SIP revision to provide for the maintenance of the NAAQS in
Boyd County for at least ten years after the effective date of
redesignation to attainment. The maintenance plan and associated
contingency measures are being approved in the SIP with this rulemaking
because it satisfies the requirements of CAA section 175A. The
emissions inventory and maintenance demonstration elements of this
maintenance plan are discussed above. The remaining major elements of
the plan are described below.
Continuation of the Monitoring Network
Kentucky has indicated in the submitted maintenance plan that it
will continue to monitor SO2 in the Boyd County area in
accordance with 40 CFR parts 53 and 58 to verify continued attainment
of the SO2 NAAQS. The data will continue to be entered into
the Air Quality Subsystem of the Aerometric Information Retrieval
System.
Verification of Continued Attainment
Kentucky has committed in the maintenance plan to review the
monitored data annually, and to review the local monitored
meteorological data. KDAQ will also assess compliance of local targeted
facilities to verify continued attainment of the area and will review
and update the annual emissions inventory for the Boyd County area at a
minimum of once every three years.
Contingency Plan
Kentucky has indicated in its submitted maintenance plan that it
will rely on ambient air monitoring data in the Boyd County area to
track compliance with the SO2 NAAQS and to determine the
need to implement contingency measures. In the event that an exceedance
of the SO2 NAAQS occurs, KDAQ will expeditiously investigate
and determine the source(s) that caused the exceedance and/or
violation, and enforce any SIP or permit limit that is violated. In the
event that all sources are found to be in compliance with applicable
SIP and permit emission limits, KDAQ will perform the necessary
analysis to determine the cause(s) of the exceedance, and determine
what additional control measures are necessary to impose on the area=s
stationary sources to continue to maintain attainment of the
SO2 NAAQS. KDAQ will inform any affected stationary
source(s) of SO2 of the potential need for additional
control measures. If there is a violation of the SO2 NAAQS,
it will notify the stationary source(s) that the potential exists for a
NAAQS violation. Within six months, the source(s) must submit a
detailed plan of action specifying additional control measures to be
implemented no later than 18 months after the notification. The
additional control measures will be submitted to EPA for approval and
incorporation into the SIP.
IV. Final Actions
EPA is approving the Commonwealth of Kentucky's request to
redesignate the Boyd County SO2 nonattainment area to
attainment because the redesignation request meets the requirements of
section 107(d)(3)(E) of the CAA. In addition, EPA is approving
Kentucky's maintenance plan for Boyd County as a SIP revision because
the plan meets the requirements of section 175A. Finally, EPA approving
the Commonwealth's source-specific SIP revision for Calgon Carbon
Corporation's Catlettsburg facility as detailed in Section III above.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve these SIP revisions if adverse comments are
filed. This rule will be effective on July 24, 2006 without further
notice unless EPA receives adverse comment by June 23, 2006. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
V. 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.
Redesignation of an area to attainment under section 107(d)(3)(E) of
the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on sources.
Accordingly,
[[Page 29791]]
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 (65
FR 67249, 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 affects the status of a
geographical area, does not impose any new requirements on sources, or
allow a state to avoid adopting or implementing other requirements and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. 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 and because the Agency does not have
reason to believe that the rule concerns an environmental health risk
or safety risk that may disproportionately affect children.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 CAA. Redesignation is an action that
affects the status of a geographical area but does not impose any new
requirements on sources. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 24, 2006. 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
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 12, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42. U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. Section 52.920 is amended:
0
(a) In paragraph (d) by adding a new entry at the end of the table for
``Calgon Carbon Corporation,'' and
0
(b) In paragraph (e) by adding a new entry at the end of the table for
``Ashland-Huntington Maintenance Plan,'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Kentucky Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State EPA approval
Name of source Permit No. effective date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Calgon Carbon Corporation..... V-00-015......... 05/13/05 05/24/06 [Insert The only parts of the
first page permit being approved and
number of incorporated are the SO2
publication]. emission limits from the
following emissions
points: 12, 14, 21, 31,
34, 32, 40, 39, 42, and
64.
----------------------------------------------------------------------------------------------------------------
(e) * * *
[[Page 29792]]
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State
provision nonattainment submittal date/ EPA approval date Explanation
area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Kentucky portion of the Boyd County...... 05/13/05 05/24/06 [Insert
Ashland-Huntington Sulfur first page
Dioxide Maintenance Plan. number of
publication].
----------------------------------------------------------------------------------------------------------------
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.318, the table entitled ``Kentucky SO2'' is
amended by revising the entry for ``That portion of Boyd County south
of UTM northing line 4251 km'' to read as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky--SO2
----------------------------------------------------------------------------------------------------------------
Does not meet Does not meet
Designated area primary secondary Cannot be Better than national
standards standards classified standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
That portion of Boyd County ................. .............. ................. X
south of UTM northing line
4251km.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 06-4820 Filed 5-23-06; 8:45 am]
BILLING CODE 6560-50-P