

[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Rules and Regulations]               
[Page 29786-29792]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my06-7]                         


[[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: difrank.stacy@epa.gov.
    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 difrank.stacy@epa.gov.

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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percent of
                                      Maximum       Background                                         NAAQS
        Averaging period              modeled      concentration       Total         EPA NAAQS       standard
                                   concentration                                                     (percent)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

    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]
----------------------------------------------------------------------------------------------------------------
                          Calgon
  AERMOD  emmission      emmission    Affected facility        Title V permit  (V-00-015 R2) SO2 limitation
        point              point
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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
