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. VerDate Aug<31>2005 14:58 Jan 24, 2006 Jkt 208001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\25JAR1.SGM 25JAR1 cprice-sewell on PROD1PC66 with RULES 4048 Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Rules and Regulations 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.