[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Rules and Regulations]
[Pages 55173-55178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28141]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[KY95-9722a; IN82a-1; FRL-5901-2]
Clean Air Act Promulgation of Extension of Attainment Date for
Ozone Nonattainment Area; Kentucky; Indiana
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The U.S. Environmental Protection Agency (USEPA) is extending
the attainment date for the Louisville interstate moderate ozone
nonattainment area from November 15, 1996, to November 15, 1997. This
extension is based in part on monitored air quality readings for the
national ambient air quality standard (NAAQS) for ozone during 1996.
Accordingly, USEPA is revising the table in the Code of Federal
Regulations concerning ozone attainment dates in this area. In this
action, USEPA is approving the States' request through a ``direct
final'' rulemaking; the rationale for this
[[Page 55174]]
approval is set forth. Elsewhere in this Federal Register, USEPA is
proposing approval and soliciting written comment on this action; if
adverse written comments are received, USEPA will withdraw the direct
final rule and address the comments received in a new final rule;
otherwise no further rulemaking will occur on this attainment date
extension request.
DATES: This action is effective December 22, 1997 unless substantive
written adverse comments not previously addressed by the State or USEPA
are received by November 24, 1997. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Written comments may be mailed to Joey LeVasseur at the
USEPA Region 4 address listed below or to J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), Region 5
at the address listed below. Copies of the material submitted by the
Kentucky Natural Resources and Environmental Protection Cabinet
(KNREPC) may be examined during normal business hours at the following
locations:
Environmental Protection Agency, Atlanta Federal Center, Region 4 Air
Planning Branch, 61 Forsyth Street S.W., Atlanta, Georgia 30303-3104.
Natural Resources and Environmental Protection Cabinet, 803 Schenkel
Lane, Frankfort, Kentucky 40601.
Copies of the materials submitted by the Indiana Department of
Environmental Management (IDEM) may be examined during normal business
hours at the following locations:
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Joey LeVasseur at (404) 562-9035 or
Randolph O. Cano at (312) 886-6036.
SUPPLEMENTARY INFORMATION:
Request for Attainment Date Extension for the Louisville Moderate Ozone
Nonattainment Area
On January 8, 1996, KNREPC requested a one-year attainment date
extension for the Kentucky portion of the Louisville moderate ozone
nonattainment area which consists of Jefferson, Bullitt, and Oldham
Counties in Kentucky. Similarly, on November 15, 1996, Indiana
requested a one-year attainment date extension for the Indiana portion
of the Louisville moderate ozone nonattainment area which consists of
Clark and Floyd Counties. Since this area is classified as a moderate
ozone nonattainment area, the statutory ozone attainment date
prescribed by section 181(a) of the Clean Air Act (CAA) is November 15,
1996. The State submittals request that the attainment date be extended
to November 15, 1997.
CAA Requirements and USEPA Actions Concerning Designation and
Classification
Section 107(d)(4) of the CAA requires the States and USEPA to
designate areas as attainment, nonattainment, or unclassifiable for
ozone as well as other pollutants for which national ambient air
quality standards (NAAQS) have been set. Section 181(a)(1) requires
that ozone nonattainment areas be classified as marginal, moderate,
serious, severe, or extreme, depending on their air quality. In a
series of Federal Register documents, USEPA completed this process by
designating and classifying all areas of the country for ozone. See,
e.g., 56 FR 58694 (Nov. 6, 1991); 57 FR 56762 (Nov. 30, 1992).
Areas designated nonattainment for ozone are required to meet
attainment dates specified under the CAA. The Louisville ozone
nonattainment area was designated nonattainment and classified moderate
for ozone pursuant to 56 FR 58694 (November 6, 1991). By this
classification, its attainment date became November 15, 1996. A
discussion of the attainment dates is found in 57 FR 13498 (April 16,
1992) (the General Preamble).
CAA Requirements Concerning Meeting the Attainment Date
Section 181(b)(2)(A) requires the Administrator, within six months
of the attainment date, to determine whether ozone nonattainment areas
had attained the NAAQS. For ozone, USEPA determines attainment status
on the basis of the expected number of exceedances of the NAAQS over
the most recent three-year period. See General Preamble, 57 FR 13506.
In the case of moderate ozone nonattainment areas, the three-year
period is 1994-1996.
A review of the actual ambient air quality ozone data from the
USEPA Aerometric Information Retrieval System (AIRS) shows that five
air quality monitors located in the Louisville ozone nonattainment area
recorded exceedances of the NAAQS for ozone during the three year
period from 1994 to 1996. The exceedances at the Clark County, Indiana,
monitor averaged more than 1.0 over the three year period, which
constitutes a violation of the ozone NAAQS for the Louisville area
during this three-year period. Thus, the area did not meet the November
15, 1996 attainment date. (See Table 1.)
Table 1.--Exceedances of the Ozone Air Quality Standard in the Louisville Area 1994 to 1996
----------------------------------------------------------------------------------------------------------------
Exceedances Expected
Site County/State Year measured exceedances
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Charlestown............................. Clark, IN...................... 1994 3 3.0
Charlestown............................. Clark, IN...................... 1995 2 2.1
Charlestown............................. Clark, IN...................... 1996 0 0.0
New Albany.............................. Floyd, IN...................... \1\ 1994 ........... ...........
New Albany.............................. Floyd, IN...................... 1995 1 1.0
New Albany.............................. Floyd, IN...................... 1996 1 1.0
Shepherdsville.......................... Bullitt, KY.................... 1994 0 0.0
Shepherdsville.......................... Bullitt, KY.................... 1995 0 0.0
Shepherdsville.......................... Bullitt, KY.................... 1996 0 0.0
Bates Elementary........................ Jefferson, KY.................. 1994 0 0.0
Bates Elementary........................ Jefferson, KY.................. 1995 1 1.0
Bates Elementary........................ Jefferson, KY.................. 1996 0 0.0
Watson Lane............................. Jefferson, KY.................. 1994 1 1.0
Watson Lane............................. Jefferson, KY.................. 1995 1 1.0
Watson Lane............................. Jefferson, KY.................. 1996 1 1.0
WLKY TV................................. Jefferson, KY.................. 1994 0 0.0
WLKY TV................................. Jefferson, KY.................. 1995 0 0.0
[[Page 55175]]
WLKY TV................................. Jefferson, KY.................. 1996 1 1.1
Buckner................................. Oldham, KY..................... 1994 0 0.0
Buckner................................. Oldham, KY..................... 1995 0 0.0
Buckner................................. Oldham, KY..................... 1996 0 0.0
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\1\ The New Albany ozone monitor began operation in 1977, but stopped collecting ozone data in 1980. Ozone
monitoring at this site resumed on April 1, 1995.
CAA section 181(b)(2)(A) further states that, for areas classified
as marginal, moderate, or serious, if the Administrator determines that
the area did not attain the standard by its attainment date, the area
must be reclassified to the next higher classification. However, CAA
section 181(a)(5) provides an exemption from this reclassification
requirement. Under this exemption, USEPA may grant up to two, one-year
extensions of the attainment date under specified conditions:
Section 181(a)(5) states that upon application by any State, the
Administrator may extend [the attainment date] for one additional year
(referred to as the ``Extension Year'') if:
(A) The State has complied with all requirements and commitments
pertaining to the area in the applicable implementation plan, and
(B) No more than one exceedance of the national ambient air quality
standard level for ozone has occurred in the area in the year preceding
the Extension Year.
The USEPA interprets this provision to authorize the granting of a
one-year extension upon request by a State, under the following minimum
conditions.
(1) The State has complied with or is taking significant steps to
comply with all requirements and commitments in the USEPA approved
ozone State Implementation Plan (SIP) for the area, and
(2) The area has no more than one measured exceedance of the ozone
NAAQS at each monitor in the area during the year that includes the
attainment date (or the subsequent year, if a second one-year extension
is being requested).
Compliance With State Implementation Plans
Indiana and Kentucky have complied with the CAA SIP revision
requirements for moderate ozone nonattainment areas. Both States
certified they are implementing their ozone SIPs for the Louisville
area. Therefore, the implementation plan criterion for the attainment
date extension is satisfied. All of the states' SIP submittals may be
examined during regular business hours at the EPA Regional offices
listed above in the addresses section of this notice.
Compliance With Air Quality Monitoring Criteria
In the extension requests, Kentucky and Indiana indicated that no
monitor in the Louisville area had more than one exceedance each during
1996. The 1996 monitoring data has been quality controlled and quality
assured, as has the data for 1994 and 1995. These data are summarized
in Table 1. Three of the seven ozone monitors in the Louisville area
recorded one exceedance each during 1996, but none recorded more than
one exceedance in 1996. This satisfies the air quality data criterion
for the attainment date extension.
USEPA has reviewed the States' formal extension requests, and has
determined that the requirements for a one-year extension of the
attainment date have been fulfilled. USEPA is therefore approving the
Kentucky and Indiana attainment date extension requests for the
Louisville ozone nonattainment area. As a result, the Kentucky Control
Strategy for Ozone which is codified at 40 CFR 52.930 and the Indiana
Control Strategy for Photochemical Oxidants (hydrocarbons) which is
codified at 40 CFR 52.777 are being amended to record these attainment
date extensions. The chart in 40 CFR 81.318 entitled ``Kentucky-Ozone''
is being modified to reflect USEPA's approval of Kentucky's attainment
date extension request. The chart in 40 CFR 81.315 entitled ``Indiana-
Ozone'' is also being modified to reflect USEPA's approval of Indiana's
attainment date extension request.
Final Action
USEPA is approving the attainment date extension requests submitted
by Kentucky and Indiana to extend the Louisville moderate ozone
nonattainment area attainment date from November 15, 1996 to November
15, 1997 without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
USEPA is proposing to approve this part 52 and part 81 action should
written adverse or critical comments be filed. This action will be
effective December 22, 1997 unless, by November 24, 1997 written
adverse or critical comments are received.
If the USEPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All written public comments received will
then be addressed in a subsequent final rule based on this action
serving as a proposed rule. USEPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. If no such comments are received, the
public is advised that this action will be effective on December 22,
1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government
[[Page 55176]]
entities with jurisdiction over populations of less than 50,000.
Extension of an area's attainment date under the CAA does not
impose any new requirements on small entities. Extension of an
attainment date is an action that affects a geographic area and does
not impose any regulatory requirements on sources. USEPA certifies that
the approval of the attainment date extension will not affect a
substantial number of small entities.
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, USEPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires USEPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
USEPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, USEPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 22, 1997. 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, Ozone.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 20, 1997.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Dated: August 19, 1997.
Michelle D. Jordan,
Acting Regional Administrator, Region 5.
Parts 52 and 81 of chapter I, title 40 of the Code of Federal
Regulations are amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart S--Kentucky
2. Section 52.930 is amended by adding paragraph (e) to read as
follows:
Sec. 52.930 Control strategy: Ozone.
* * * * *
(e) Kentucky's November 15, 1996, request for a one-year attainment
date extension for the Kentucky portion of the Louisville moderate
ozone nonattainment area which consists of Jefferson County and parts
of Bullitt and Oldham Counties is approved. The date for attaining the
ozone standard in these counties is November 15, 1997.
Subpart P--Indiana
3. Section 52.777 is amended by adding paragraph (q) to read as
follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(q) Indiana's November 15, 1996, request for a one-year attainment
date extension for the Indiana portion of the Louisville moderate ozone
nonattainment area which consists of Clark and Floyd Counties is
approved. The date for attaining the ozone standard in these counties
is November 15, 1997.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.318, the ``Kentucky--Ozone'' table is amended by
revising the entry for the ``Louisville Area'' and adding footnote 2 to
read as follows:
Sec. 81.318 Kentucky.
* * * * *
[[Page 55177]]
Kentucky-Ozone
Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
* * * * * * *
Louisville Area:
Bullitt County (part): The area boundary Nonattainment............................ Moderate.\2\
is as follows: Beginning at the
intersection of Ky 1020 and the
Jefferson-Bullitt County Line
proceeding to the east along the county
line to the intersection of county road
567 and the Jefferson-Bullitt County
Line; proceeding south on county road
567 to the junction with Ky 1116 (also
known as Zoneton Road); proceeding to
the south on Ky 1116 to the junction
with Hebron Lane; proceeding to the
south on Hebron Lane to Cedar Creek;
proceeding south on Cedar Creek to the
confluence of Floyds Fork turning
southeast along a creek that meets Ky
44 at Stallings Cemetery; proceeding
west along Ky 44 to the eastern most
point in the Shepherdsville city
limits; proceeding south along the
Shepherdsville city limits to the Salt
River and west to a point across the
river from Mooney Lane; proceeding
south along Mooney Lane to the junction
of Ky 480; proceeding west on Ky 480 to
the junction with Ky 2237; proceeding
south on Ky 2237 to the junction with
Ky 61 and proceeding north on Ky 61 to
the junction with Ky 1494; proceeding
south on Ky 1494 to the junction with
the perimeter of the Fort Knox Military
Reservation; proceeding north along the
military reservation perimeter to
Castleman Branch Road; proceeding north
on Castleman Branch Road to Ky 44;
proceeding a very short distance west
on Ky 44 to a junction with Ky 2723;
proceeding north on Ky 2723 to the
junction of Chillicoop Road; proceeding
northeast on Chillicoop Road to the
junction of KY 2673; proceeding north
on KY 2673 to the junction of KY 1020;
proceeding north on KY 1020 to the
beginning; unless a road or
intersection of two or more roads
defines the nonattainment boundary, the
area shall extend outward 750 feet from
the center of the road or intersection.
Jefferson County........................ Nonattainment............................ Moderate.\2\
Oldham County (part): The area boundary
is as follows: Beginning at the
intersection of the Oldham-Jefferson
County Line with the southbound lane of
Interstate 71; proceeding to the
northeast along the southbound lane of
Interstate 71 to the intersection of Ky
329 and the southbound lane of
Interstate 71; proceeding to the
northwest on Ky 329 to the intersection
of Zaring Road and Ky 329; proceeding
to the east-northeast on Zaring Road to
the junction of Cedar Point Road and
Zaring Road; proceeding to the north-
northeast on Cedar Point Road to the
junction of Ky 393 and Cedar Point
Road; proceeding to the south-southeast
on Ky 393 to the junction of (the
access road on the north side of
Reformatory Lake and the Reformatory);
proceeding to the east-northeast on the
access road to the junction with
Dawkins Lane and the access road;
proceeding to follow an electric power
line east-northeast across from the
junction of county road 746 and Dawkins
Lane to the east-northeast across Ky 53
on to the La Grange Water Filtration
Plant; proceeding on to the east-
southeast along the power line then
south across Fort Pickens Road to a
power substation on Ky 146; proceeding
along the power line south across Ky
146 and the Seaboard System Railroad
track to adjoin the incorporated city
limits of La Grange; then proceeding
east then south along the La Grange
city limits to a point abutting the
north side of Ky 712; proceeding east-
southeast on Ky 712 to the junction of
Massie School Road and Ky 712;
proceeding to the south-southwest on
Massie School Road to the intersection
of Massie School Road and Zale Smith
Road; proceeding northeast on Zale
Smith Road to the junction of .
[[Page 55178]]
Kentucky-Ozone--Continued
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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KY 53 and Zale Smith Road; proceeding Nonattainment............................ Moderate.\2\
on Ky 53 to the north-northwest to the
junction of New Moody Lane and Ky 53;
proceeding on New Moody Lane to the
south-southwest until meeting the city
limits of La Grange; then briefly
proceeding north following the La
Grange city limits to the intersection
of the northbound lane of Interstate 71
and the La Grange city limits;
proceeding southwest on the north-bound
lane of Interstate 71 until inter-
secting with the North Fork of Currys
Fork; proceeding south-southwest beyond
the con-fluence of Currys Fork to the
south-southwest beyond the confluence
of Floyds Fork continuing on to the
Oldham-Jefferson County Line;
proceeding northwest along the Oldham-
Jefferson County Line to the beginning;
unless a road or intersection of two or
more roads defines the nonattainment
boundary, the area shall extend outward
750 feet from the center of the road or
intersection.
* * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.
\2\ Attainment date extended to November 15, 1997.
* * * * *
3. In Sec. 81.315, the ``Indiana--Ozone'' table is amended by
revising the entry for the ``Louisville Area'' and adding footnote 2 to
read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana-Ozone
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Designation Classification
Designated area ------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Louisville Area:
Clark County..................... Nonattainment Moderate \2\..........................
Floyd County..................... Nonattainment Moderate \2\..........................
* * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.
\2\ Attainment date extended to November 15, 1997.
* * * * *
[FR Doc. 97-28141 Filed 10-22-97; 8:45 am]
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