Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Rules and Regulations 4047

[FR Doc. 06–703 Filed 1–24–06; 8:45 am] Management Division, U.S. EPA is also providing information on BILLING CODE 6560–50–P Environmental Protection Agency, the status of the Agency’s transportation Region 4, 61 Forsyth Street, SW., conformity adequacy determination for Atlanta, Georgia 30303–8960. EPA the new MVEBs for the years 2004 and ENVIRONMENTAL PROTECTION requests that if at all possible, you 2016 that are contained in the AGENCY contact the person listed in the FOR maintenance plan for Christian County, FURTHER INFORMATION CONTACT section to Kentucky. The maintenance plan 40 CFR Parts 52 and 81 schedule your inspection. The Regional establishes MVEBs for the years 2004 [EPA–R04–OAR–2005–KY–0001–200521(f); Office’s official hours of business are and 2016, respectively, of 3.83 tons per FRL–8023–8] Monday through Friday, 8:30 to 4:30, day (tpd) and 2.08 tpd for volatile excluding federal holidays. organic compound (VOC) emissions, Approval and Promulgation of and 9.53 tpd and 3.83 tpd for nitrogen Implementation Plans and Designation FOR FURTHER INFORMATION CONTACT: James Hou, Regulatory Development oxides (NOX). Through this action, EPA of Areas for Air Quality Planning is announcing that these MVEBs are Purposes; Kentucky; Redesignation of Section, Air Planning Branch, Air, adequate for the purposes of the Christian County, KY, Portion of Pesticides and Toxics Management transportation conformity. During EPA’s the Clarksville-Hopkinsville 8-Hour Division, Region 4, U.S. Environmental Adequacy public comment period Ozone Nonattainment Area to Protection Agency, 61 Forsyth Street, which began on March 29, 2005, and Attainment for Ozone SW., Atlanta, Georgia 30303–8960. Mr. Hou can be reached via telephone closed on April 28, 2005, EPA did not AGENCY: Environmental Protection number at (404) 562–8965 or electronic receive any adverse comments related to Agency (EPA). mail at [email protected]. the MVEBs. EPA is also approving these ACTION: Final rule. MVEBs in this action. Upon the SUPPLEMENTARY INFORMATION: publication of this final rulemaking in SUMMARY: EPA is approving a May 20, Table of Contents the Federal Register, these MVEBs must 2005, final request to redesignate the I. What Actions Is EPA Taking? be used by the transportation partners in Christian County, Kentucky, portion of II. What Is the Background for the Actions? this area for future conformity the Clarksville-Hopkinsville 8-hour III. Response to Comment determinations. Additionally, ozone nonattainment area to attainment IV. Final Action conformity to these new MVEBs must be for the 8-hour ozone National Ambient V. Statutory and Executive Order Reviews demonstrated within 24 months of the Air Quality Standard (NAAQS), and a I. What Actions Is EPA Taking? effective date of this action, pursuant to Kentucky State Implementation Plan section 6011(a) of the Safe, Accountable, (SIP) revision containing a 12-year EPA is taking final action to change Flexible, Efficient Transportation Equity maintenance plan for Christian County, the legal designation of the Christian Act—A Legacy for Users, which was Kentucky. EPA is also providing County, Kentucky, portion of the signed into law on August 10, 2005. information on the status of the Clarksville-Hopkinsville 8-hour ozone Additionally, in this action, EPA is Agency’s transportation conformity nonattainment area from nonattainment responding to the adverse comment adequacy determination for the new to attainment for the 8-hour ozone received on the September 22, 2005, motor vehicle emissions budgets NAAQS. The interstate Clarksville- rulemaking proposing to approve the (MVEBs) for the years 2004 and 2016 Hopkinsville 8-hour ozone aforementioned revisions (70 FR 55613). that are contained in the 12-year 8-hour nonattainment area is composed of two ozone maintenance plan for Christian counties (i.e., Christian County, II. What Is the Background for the County, Kentucky. EPA is approving Kentucky, and Montgomery County, Actions? such MVEBs in this action. This final Tennessee). EPA is also approving rule addresses comments made on Kentucky’s 8-hour ozone maintenance In two separate actions published on EPA’s proposed rulemaking previously plan for Christian County (such September 22, 2005, EPA proposed to published for this action. approval being one of the Clean Air Act approve the redesignation of the DATES: This rule will be effective (CAA) criteria for redesignation to Kentucky (70 FR 55613) and Tennessee February 24, 2006. attainment status). The maintenance (70 FR 55613) portions of the ADDRESSES: EPA has established a plan is designed to help keep the Clarksville-Hopkinsville 8-Hour Ozone docket for this action under Docket Clarksville-Hopkinsville area (of which Nonattainment Area to attainment. Also Identification No. EPA–R04–OAR– Christian County is a part) in attainment on that date, EPA published two 2005–KY–0001. All documents in the for the 8-hour ozone NAAQS for the companion direct final rules approving docket are listed on the http:// next 12 years. These approval actions the redesignation to attainment of the www.regulations.gov Web site. Although are based on EPA’s determination that Kentucky (70 FR 55550) and Tennessee listed in the index, some information is the Commonwealth of Kentucky has (70 FR 55559) portions of the not publicly available, i.e., Confidential demonstrated that Christian County, nonattainment area. The proposed and Business Information or other Kentucky, has met the criteria for direct final rules stated that if EPA information whose disclosure is redesignation to attainment specified in received adverse comment by October restricted by statute. Certain other the CAA, and that the entire Clarksville- 24, 2005, the direct final rule would be material, such as copyrighted material, Hopkinsville 8-hour ozone withdrawn and would not take effect. is not placed on the Internet and will be nonattainment area has attained the 8- EPA subsequently received an adverse publicly available only in hard copy hour ozone standard. EPA’s analyses for comment regarding the redesignation of form. Publicly available docket Christian County, Kentucky, and the Kentucky portion of the materials are available either Montgomery County, Tennessee, are nonattainment area (i.e., Christian electronically in Regional Material in E- described in detail in the direct final County). In this action, EPA is Docket or in hard copy at the Regulatory rules published September 22, 2005, at addressing the comment and taking Development Section, Air Planning 70 FR 55550 and 70 FR 55559, final action as described in section I and Branch, Air, Pesticides and Toxics respectively. section IV.

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III. Response to Comments Kentucky electric power generating tons per year for both units combined). The following is a summary of the facilities, and concluded that 8-hour The KDAQ has a merged air emissions adverse comment received on the ozone violations are not likely to occur permitting program in which a single proposed rule published September 22, as a consequence of these emissions. permit serves as the prevention of 2005, (70 FR 55613) and EPA’s response The Agency reviewed this report in significant deterioration construction to the comment. response to the commenter’s concerns. permit and the title V operating permit. Comment: The commenter asserts that The report, ‘‘A Cumulative Assessment The merged permit was issued to the Kentucky Division for Air Quality of the Environmental Impacts Caused by Thoroughbred Generating Company, (KDAQ) has permitted a new source of Kentucky Electric Generating Units,’’ LLC (TGC) on October 11, 2002, with dated December 17, 2001, is included in slight revisions on December 6, 2002, NOX in Muhlenberg County, Kentucky, which borders Christian County. The the docket for this action. The report and February 17, 2005. The permit issued to TGC was commenter states that the source is documents Kentucky’s analysis of the appealed through Kentucky’s permitted to emit well over 5,000 tons environmental impacts of 34 existing administrative appeals procedure. The per year of NO . The commenter asserts power plants and 22 proposed new or X Administrative Hearing Officer (AHO) that until KDAQ establishes that expanded power plants, including the proposed new source in Muhlenberg issued a report with recommendations Christian County will be in attainment County. Specific to air quality, the on August 9, 2005. The AHO with the 8-hour ozone NAAQS with the report provides information on the recommended remanding portions of additional NO emissions from this X changes in ozone and fine particulates the permit to the KDAQ. The Secretary source through a reasonable worst case concentrations with the addition of of the Kentucky Environmental and analysis of the source’s NO emissions X these 56 proposed and existing power Public Protection Cabinet makes the during any one-hour or eight-hour hour plants in Kentucky. The emissions final determination on the appeal. No period, EPA should not redesignate modeled for the proposed new power determination has yet been made by the Christian County to attainment. plant in Muhlenberg County were: 507.4 Secretary. Response: As detailed in Section III of tons per year (tpy) of VOCs and 6,030 After KDAQ issued the original the September 22, 2005, direct final rule tpy of NO . The impact assessment did permit on October 11, 2002, EPA (70 FR 55550), the CAA provides the X not identify potential ozone attainment received a petition to object to the title requirements for redesignating a problems for Christian County, V portion of the permit. EPA is awaiting nonattainment area to attainment. Kentucky, even though it considered far the conclusion of the Kentucky permit Specifically, section 107(d)(3)(E) allows more sources than only the one appeal process before completing a for redesignation providing that: (1) The mentioned by the commenter. response to the petition. Thus the Administrator determines that the area Furthermore, EPA notes that NOX permit appeal process for the source has has attained the applicable NAAQS; (2) emissions from the proposed power not yet been concluded, and therefore the Administrator has fully approved plant in Muhlenberg County will be the permit provisions remain subject to the applicable implementation plan for subject to the regional NOX reduction revision. Moreover, EPA believes that the area under section 110(k); (3) the programs of the NOX SIP Call and, in for the reasons set forth above that the Administrator determines that the the future, the Clean Air Interstate Rule TGS does not pose a potential problem improvement in air quality is due to (CAIR) (70 FR 25162 (May 12, 2005)). for attainment or maintenance of the permanent and enforceable reductions Since Kentucky is regulated by those standard in the Clarksville-Hopkinsville in emissions resulting from programs, sources subject to them, area. implementation of the applicable SIP including power plants, will remain Should monitored violations of the 8- and applicable Federal air pollutant subject to an overall NOX emissions hour ozone NAAQS occur in Christian control regulations and other permanent budget for the state that will not County, the contingency plan within the and enforceable reductions; (4) the increase as a result of the possible new County’s 8-hour ozone maintenance Administrator has fully approved a plant in Muhlenberg County. plan will be implemented to promptly maintenance plan for the area as Consequently, that source would have correct the violations. In the meeting the requirements of section to obtain NOX allowances from other contingency measures section, Kentucky 175A; and, (5) the State containing such sources subject to the NOX SIP Call and/ details actions it will take if there are area has met all requirements applicable or CAIR to emit NOX and the sources in measured exceedances (i.e., an 8-hour to the area under section 110 and part the Commonwealth of Kentucky would average equal to or greater than 0.085 D. EPA has determined that all of the remain subject to the same overall NOX parts per million) of the 8-hour ozone redesignation requirements are met for budget. standard, and reserves the right to the Christian County area as described The proposed new power plant in implement other contingency measures in the September 22, 2005, rulemaking Muhlenberg County refers to the than those listed for the County if (70 FR 55550). Thoroughbred Generating Station (TGS) deemed necessary. KDAQ has demonstrated that ozone project. This project is proposed to precursor emissions inside the Christian consist of two pulverized coal electric IV. Final Action County nonattainment area will remain utility steam generating units with a EPA is taking final action to change at or below attainment year levels in the nominal power generating capacity of the legal designation of the Christian future, which indicate the 8-hour ozone 750 megawatts each and a nominal rated County, Kentucky portion of the standard will be maintained. capacity heat input rate of 7,443 pounds Clarksville-Hopkinsville 8-hour ozone Furthermore, as for the impact of per million British thermal units (lb/ nonattainment area from nonattainment emissions outside of Christian County, MMBtu) each. The NOX and VOC to attainment for the 8-hour ozone the commenter has provided no analysis emissions limits for the two pulverized NAAQS. Through this action, EPA is indicating that any such emissions coal combustion units are proposed to announcing that the new 2004 and 2016 would be likely to cause or contribute be as follows: 0.08 lb/MMBtu of NOX MVEBs are adequate for transportation to violations in the future. Kentucky had each (equivalent to 5,216 tons per year conformity purposes. EPA is also performed a cumulative assessment of for both units combined) and 0.0072 lb/ approving into the Kentucky SIP the 8- the impacts of current and proposed MMBtu of VOCs each (equivalent to 235 hour ozone maintenance plan for

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Christian County, and the new MVEBs levels of government, as specified in States prior to publication of the rule in for the years 2004 and 2016, Executive Order 13132 (64 FR 43255, the Federal Register. A major rule respectively, of 3.83 tpd and 2.08 tpd for August 10, 1999). This action merely cannot take effect until 60 days after it VOC, and 9.53 tpd and 3.83 tpd for affects the status of a geographical area, is published in the Federal Register. NOX. does not impose any new requirements This action is not a ‘‘major rule’’ as V. Statutory and Executive Order on sources, or allow a state to avoid defined by 5 U.S.C. 804(2). Reviews adopting or implementing other Under section 307(b)(1) of the CAA, requirements, and does not alter the petitions for judicial review of this Under Executive Order 12866 (58 FR relationship or the distribution of power action must be filed in the United States 51735, October 4, 1993), this action is and responsibilities established in the Court of Appeals for the appropriate not a ‘‘significant regulatory action’’ and CAA. This rule also is not subject to circuit by March 27, 2006. Filing a therefore is not subject to review by the Executive Order 13045 ‘‘Protection of petition for reconsideration by the Office of Management and Budget. For Children from Environmental Health Administrator of this final rule does not this reason, this action is also not Risks and Safety Risks’’ (62 FR 19885, affect the finality of this rule for the subject to Executive Order 13211, April 23, 1997), because it is not purposes of judicial review nor does it ‘‘Actions Concerning Regulations That economically significant, and because extend the time within which a petition Significantly Affect Energy Supply, the Agency does not have reason to for judicial review may be filed, and Distribution, or Use’’ (66 FR 28355, May believe that the rule concerns an shall not postpone the effectiveness of 22, 2001). This action merely approves environmental health risk or safety risk such rule or action. This action may not state law as meeting Federal that may disproportionately affect be challenged later in proceedings to requirements and imposes no additional children. enforce its requirements. (See section requirements beyond those imposed by In reviewing SIP submissions, EPA’s 307(b)(2).) state law. Redesignation of an area to role is to approve state choices, attainment under section 107(d)(3)(E) of List of Subjects provided that they meet the criteria of the CAA does not impose any new the CAA. In this context, in the absence requirements on small entities. 40 CFR Part 52 of a prior existing requirement for the Redesignation is an action that affects Commonwealth to use voluntary Environmental protection, Air the status of a geographical area and pollution control, Intergovernmental does not impose any new regulatory consensus standards (VCS), EPA has no authority to disapprove a SIP relations, Nitrogen dioxide, Ozone, requirements on sources. Accordingly, Reporting and recordkeeping the Administrator certifies that this rule submission for failure to use VCS. It would thus be inconsistent with requirements, Volatile organic will not have a significant economic compounds. impact on a substantial number of small applicable law for EPA, when it reviews entities under the Regulatory Flexibility a SIP submission, to use VCS in place 40 CFR Part 81 of a SIP submission that otherwise Act (5 U.S.C. 601 et seq.). Because this Environmental protection, Air rule approves pre-existing requirements satisfies the provisions of the CAA. Redesignation is an action that affects pollution control, National parks, under state law and does not impose Wilderness areas. any additional enforceable duty beyond the status of a geographical area but that required by state law, it does not does not impose any new requirements Dated: January 13, 2006. contain any unfunded mandate or on sources. Thus, the requirements of A. Stanley Meiburg, significantly or uniquely affect small section 12(d) of the National Acting Regional Administrator, Region 4. Technology Transfer and Advancement governments, as described in the I Act of 1995 (15 U.S.C. 272 note) do not 40 CFR parts 52 and 81 are amended Unfunded Mandates Reform Act of 1995 as follows: (Pub. L. 104–4). apply. This rule does not impose an This rule also does not have tribal information collection burden under the PART 52—[AMENDED] implications because it will not have a provisions of the Paperwork Reduction substantial direct effect on one or more Act of 1995 (44 U.S.C. 3501 et seq.). I 1. The authority citation for part 52 Indian tribes, on the relationship The Congressional Review Act, 5 continues to read as follows: between the Federal Government and U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq. Indian tribes, or on the distribution of Business Regulatory Enforcement power and responsibilities between the Fairness Act of 1996, generally provides Subpart S—Kentucky Federal Government and Indian tribes, that before a rule may take effect, the as specified by Executive Order 13175 agency promulgating the rule must I 2. Section 52.920(e) is amended by (65 FR 67249, November 9, 2000). This submit a rule report, which includes a adding a new entry at the end of the action also does not have Federalism copy of the rule, to each House of the table for ‘‘8-Hour Ozone Maintenance implications because it does not have Congress and to the Comptroller General Plan for the Christian County, Kentucky substantial direct effects on the states, of the United States. EPA will submit a Area’’ to read as follows: on the relationship between the national report containing this rule and other government and the states, or on the required information to the U.S. Senate, § 52.920 Identification of plan. distribution of power and the U.S. House of Representatives, and * * * * * responsibilities among the various the Comptroller General of the United (e) * * *

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EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

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

******* 8-Hour Ozone Christian County ...... 05/20/2005 01/25/06 [Insert cita- Maintenance tion of publication] Plan for the Christian County, Ken- tucky area.

PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. ‘‘Clarksville-Hopkinsville, TN-KY: I 2. In § 81.318, the table entitled Christian County’’ to read as follows: I 1. The authority citation for part 81 ‘‘Kentucky—Ozone (8-Hour Standard)’’ § 81.318 Kentucky. continues to read as follows: is amended by revising the entry for * * * * *

KENTUCKY—OZONE (8-HOUR STANDARD)

Designation a Category/classification Designation Date 1 Type Date 1 Type

******* Clarksville-Hopkinsville, TN-KY Area: Christian County ...... 02/24/06 Attainment.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted.

* * * * * (FM), Winston-Salem, , Commission’s duplicating contractors, [FR Doc. 06–635 Filed 1–24–06; 8:45 am] and WKRR (FM), Asheboro, North Qualex International, Portals II, 445 BILLING CODE 6560–50–P Carolina, Channel 270A is allotted at 12th Street, SW., Room CY–B402, Iron Gate, . Channel 289C1 is Washington, DC 20554, telephone 202– reallotted at Clemmons at a site 32 863–2893, or via e-mail FEDERAL COMMUNICATIONS kilometers (19.9 miles) north of the [email protected]. The Commission COMMISSION community at coordinates 36–17–30 NL will send a copy of this Report and and 80–15–30 WL. Channel 270A is Order in a report to be sent to Congress 47 CFR Part 73 allotted at Iron Gate, Virginia with a site and the Government Accountability restriction of 1.5 kilometers (0.9 miles) Office pursuant to the Congressional [DA 06–11; MB Docket No. 03–219; RM– northwest of the community at Review Act, see 5 U.S.C. 801(a)(1)(A). 10797, RM–11094] coordinates 37–48–14 NL and 79–48–23 List of Subjects in 47 CFR Part 73 Services; WL. Clemmons, NC, Iron Gate, VA and DATES: Effective February 21, 2006. Radio, Radio broadcasting. Statesville, NC ADDRESSES: Federal Communications I 47 CFR part 73 is amended as follows: Commission, 445 Twelfth Street, SW., AGENCY: Federal Communications Washington, DC 20554. PART 73—RADIO BROADCAST Commission. FOR FURTHER INFORMATION CONTACT: SERVICES ACTION: Final rule. Victoria McCauley, Media Bureau, (202) I 1. The authority citation for part 73 SUMMARY: 418–2180. At the request of Mercury continues to read as follows: Broadcasting Company, Inc., licensee of SUPPLEMENTARY INFORMATION: This is a Station WFMX (FM), Statesville, North synopsis of the Commission’s Report Authority: 47 U.S.C. 154, 303, 334 and 336. Carolina, Channel 289C1 is substituted and Order, MB Docket No. 06–11, § 73.202 [Amended] for Channel 289C at Statesville, adopted January 4, 2006, and released realloted from Statesville to Clemmons, January 6, 2006. The full text of this I 2. Section 73.202(b), the Table of FM North Carolina, as the community’s first Commission decision is available for Allotments under North Carolina, is local transmission service, and the inspection and copying during normal amended by adding Clemmons, Channel license for Station WFMX (FM) is business hours in the FCC’s Reference 289C1 and by removing Channel 289C modified to reflect the changes. To Information Center at Portals II, CY– at Statesville. accommodate the counterproposal filed A257, 445 Twelfth Street, SW., I 3. Section 73.202(b), the Table of FM by Dick Broadcasting Company of Washington, DC. This document may Allotments under Virginia, is amended Tennessee, licensee of Stations WKZL also be purchased from the by adding Iron Gate, Channel 270A.

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