[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27071]
[[Page Unknown]]
[Federal Register: November 3, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[KY-069-6105a; FRL-5089-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Commonwealth of Kentucky
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On November 13, 1992, the Commonwealth of Kentucky through the
Natural Resources and Environmental Protection Cabinet (Cabinet),
submitted a maintenance plan and a request to redesignate the
Lexington, Owensboro, Paducah, and Edmonson County areas from
nonattainment to attainment for ozone (O3). The marginal
nonattainment areas include the following counties: Lexington (Fayette
and Scott), Owensboro (Daviess and a portion of Hancock), Paducah
(Livingston and a portion of Marshall), and Edmonson County. Under the
Clean Air Act, designations can be changed if sufficient data are
available to warrant such changes and the redesignation request
satisfies the criteria set forth in the Clean Air Act. In this action,
EPA is approving the redesignation to attainment of the Owensboro and
Edmonson County areas and the associated maintenance plans because they
meet the maintenance plan and redesignation requirements. EPA will act
on the request to redesignate to attainment the Lexington and Paducah
areas in a future document. In this action, EPA is also approving the
1990 base year inventory for the Owensboro and Edmonson County marginal
O3 nonattainment areas.
DATES: This final rule will be effective January 3, 1995 unless adverse
or critical comments are received by December 5, 1994. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments on this action should be addressed to Scott
Southwick, at the EPA Regional Office listed below. Copies of the
documents relative to this action are available for public inspection
during normal business hours at the following locations. The interested
persons wanting to examine these documents should make an appointment
with the appropriate office at least 24 hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102),
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
Environmental Protection Agency, Region IV, Air Programs Branch,
345 Courtland Street NE., Atlanta, GA 30365.
Commonwealth of Kentucky, Natural Resources and Environmental
Protection Cabinet, Department for Environmental Protection, Division
for Air Quality, 803 Schenkel Lane, Frankfort, KY 40601.
FOR FURTHER INFORMATION CONTACT: Scott Southwick of the EPA Region IV
Air Programs Branch at (404) 347-3555 extension 4207 and at the Region
IV address.
SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act
Amendments of 1990 (CAA) were enacted. (Pub. L. 101-549, 104 Stat.
2399, codified at 42 U.S.C. 7401-7671q). Under section 107(d)(1), in
conjunction with the Governor of Kentucky, EPA designated the Owensboro
and Edmonson County areas as nonattainment because the areas violated
the O3 standard during the period from 1987 through 1989 (See 56
FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40
CFR 81.318.)
The Owensboro and Edmonson County marginal O3 nonattainment
areas (nonattainment areas) more recently have ambient monitoring data
that show no violations of the O3 National Ambient Air Quality
Standards (NAAQS), during the period from 1989 through 1991. In
addition, there have been no violations reported for the 1992, 1993, or
1994 O3 seasons. Therefore, in an effort to comply with the
amended CAA and to ensure continued attainment of the NAAQS, on
November 13, 1992, the Cabinet submitted for parallel processing an
O3 maintenance SIP for the nonattainment areas and requested
redesignation of the nonattainment areas to attainment with respect to
the O3 NAAQS and EPA found the request complete. On November 24,
1992, the Cabinet submitted the Marginal Ozone Nonattainment Areas
Projection Inventory 1990-2004 as an amendment to the SIP. On January
15, 1993, the Cabinet submitted revisions addressing public comments on
the request to redesignate the nonattainment areas to attainment. On
July 16, 1993, February 28, 1994, and August 29, 1994, the Cabinet
submitted revisions to the redesignation request, maintenance plan, and
projection inventories.
On May 7, 1993, Region IV determined that the information received
from the Cabinet constituted a complete redesignation request under the
general completeness criteria of 40 CFR part 51, appendix V, sections
2.1 and 2.2. However, for purposes of determining what requirements are
applicable for redesignation purposes, EPA believes it is necessary to
identify when the Cabinet first submitted a redesignation request that
meets the completeness criteria. EPA noted in a previous policy
memorandum that parallel processing requests for submittals under the
amended CAA, including redesignation submittals, would not be
determined complete. See ``State Implementation Plan (SIP) Actions
Submitted in Response to Clean Air Act (Act) Deadlines,'' Memorandum
from John Calcagni to Air Programs Division Directors, Regions I-X,
dated October 28, 1992 (Memorandum). The rationale for this conclusion
was that the parallel processing exception to the completeness criteria
(40 CFR part 51, appendix V, section 2.3) was not intended to extend
statutory due dates for mandatory submittals. (See Memorandum at 3-4).
However, since requests for redesignation are not mandatory submittals
under the CAA, EPA believed it appropriate to change its policy with
respect to redesignation submittals to conform to the existing
completeness criteria (58 FR 38108 (July 15, 1993)). Therefore, EPA
believes, the parallel processing exception to the completeness
criteria may be applied to redesignation request submittals, at least
until such time as the EPA decides to revise that exception. The
Cabinet submitted a redesignation request and a maintenance plan on
November 13, 1992. When the maintenance plan became state effective on
January 27, 1994, the Commonwealth of Kentucky no longer needed
parallel processing for the redesignation request and maintenance plan.
The Kentucky redesignation request for the nonattainment areas
meets the five requirements of section 107(d)(3)(E) for redesignation
to attainment. The following is a brief description of how the
Commonwealth of Kentucky has fulfilled each of these requirements.
Because the maintenance plan is a critical element of the redesignation
request, EPA will discuss its evaluation of the maintenance plan under
its analysis of the redesignation request.
1. The Area Must Have Attained the O3 NAAQS
The Cabinet's request is based on an analysis of quality assured
ambient air quality monitoring data which is relevant to the
maintenance plan and to the redesignation request. Ambient air quality
monitoring data for calendar year 1989 through calendar year 1991 show
an expected exceedance rate of less than 1.0 per year of the O3
NAAQS in the marginal nonattainment areas. (See 40 CFR 50.9 and
appendix H.) In addition, there were no violations reported for the
1992, 1993, and 1994 O3 seasons. Because the nonattainment areas
have complete quality-assured data showing no violations of the
standard over the most recent consecutive three calendar year period,
the areas have met the first statutory criterion of attainment of the
O3 NAAQS. The Commonwealth of Kentucky has committed to continue
monitoring in the nonattainment areas in accordance with 40 CFR 58.
2. The Area Has Met All Applicable Requirements Under Section 110,
and Part D of the Act
On January 25, 1980, August 7, 1981, November 24, 1981, November
30, 1981, and March 30, 1983, EPA fully approved Kentucky's SIP as
meeting the requirements of section 110(a)(2) and part D of the 1977
CAA (45 FR 6092, 46 FR 40188, 46 FR 57486, 46 FR 58080, and 48 FR
13168). The approved control strategy did not result in attainment of
NAAQS for O3. Additionally, the amended CAA revised section
182(a)(2)(A), 110(a)(2) and, under part D, revised section 172 and
added new requirements for all nonattainment areas. Therefore, for
purposes of redesignation, to meet the requirement that the SIP contain
all applicable requirements under the CAA, EPA reviewed the Kentucky
SIP to ensure that it contains all measures due under the amended CAA
prior to or at the time the Commonwealth of Kentucky submitted its
redesignation request.
A. Section 110 Requirements
Although section 110 was amended by the CAA of 1990, the Kentucky
SIP for the marginal nonattainment areas meets the requirements of
amended section 110(a)(2). A number of the requirements did not change
in substance and, therefore, EPA believes that the pre-amendment SIP
met these requirements. EPA has analyzed the SIP and determined that it
is consistent with the requirements of amended section 110(a)(2).
B. Part D Requirements
Before the nonattainment areas may be redesignated to attainment,
they must have fulfilled the applicable requirements of part D. Under
part D, an area's classification indicates the requirements to which it
will be subject. Subpart 1 of part D sets forth the basic nonattainment
requirements applicable to all nonattainment areas, classified as well
as nonclassifiable. Subpart 2 of part D establishes additional
requirements for O3 nonattainment areas classified under table 1
of section 181(a). The Owensboro and Edmonson County nonattainment
areas were classified as marginal (See 56 FR 56694, codified at 40 CFR
81.318). The Commonwealth of Kentucky submitted their request for
redesignation of the marginal nonattainment areas prior to November 15,
1992. Therefore, in order to be redesignated to attainment, the
Commonwealth of Kentucky must meet the applicable requirements of
subpart 1 of part D, specifically sections 172(c) and 176, but is not
required to meet the applicable requirements of subpart 2 of part D,
which became due on or after November 15, 1992.
B1. Subpart 1 of Part D
Under section 172(b), the section 172(c) requirements are
applicable as determined by the Administrator, but no later than three
years after an area has been designated to nonattainment. EPA has not
determined that these requirements were applicable to O3
nonattainment areas on or before November 13, 1992, the date that the
Commonwealth of Kentucky submitted a complete redesignation request for
the marginal nonattainment areas. Therefore, the Commonwealth of
Kentucky was not required to meet these requirements for purposes of
redesignation. The Owensboro and Edmonson County areas currently have a
fully approvable New Source Review (NSR) program which was last revised
on June 23, 1994 (59 FR 32343). Upon redesignation of these areas to
attainment, the Prevention of Significant Deterioration (PSD)
provisions contained in part C of title I are applicable. On January
25, 1978, September 1, 1989, November 6, 1989, November 13, 1989,
November 28, 1989, February 7, 1990, and June 23, 1994, the EPA
approved revisions to the Commonwealth of Kentucky's PSD program (43 FR
3360, 54 FR 36307, 54 FR 46613, 54 FR 47211, 54 FR 488887, 55 FR 4169
and 59 FR 32343).
Section 176(c) of the CAA requires states to revise their SIPs to
establish criteria and procedures to ensure that Federal actions,
before they are taken, conform to the air quality planning goals in the
applicable state SIP. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded or
approved under title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as to all other Federal
actions (``general conformity''). Section 176 further provides that the
conformity revisions to be submitted by states must be consistent with
Federal conformity regulations that the CAA required EPA to promulgate.
Congress provided for the state revisions to be submitted by November
15, 1992, one year after the date for promulgation of final EPA
conformity regulations which were due November 15, 1991. When that date
passed without such promulgation, EPA's General Preamble for the
Implementation of Title I informed states that its conformity
regulations would establish a submittal date [see 57 FR 13498, 13557
(April 16, 1992)].
The EPA promulgated final transportation conformity regulations on
November 24, 1993, (58 FR 62188) and general conformity regulations on
November 30, 1993 (58 FR 63214). These conformity rules require that
states adopt both transportation and general conformity provisions in
the SIP for areas designated nonattainment or subject to a maintenance
plan approved under CAA section 175A. Pursuant to section 51.396 of the
transportation conformity rule and section 51.851 of the general
conformity rule, the Commonwealth of Kentucky is required to submit a
SIP revision containing transportation conformity criteria and
procedures consistent with those established in the Federal rule by
November 25, 1994. Similarly, Kentucky is required to submit a SIP
revision containing general conformity criteria and procedures
consistent with those established in the Federal rule by December 1,
1994. Because the deadline for these submittals has not yet come due,
they are not applicable requirements under section 107(d)(3)(E)(v) and,
thus, do not affect approval of this redesignation request.
On February 24, 1994, the Commonwealth of Kentucky revised their
maintenance plan to commit to revise the SIP by November 25, 1994, to
be consistent with the final Federal regulations on conformity. In
addition, the Division for Air Quality and the Kentucky Transportation
Cabinet are cooperating in adopting regulations consistent with the
final conformity regulation.
B2. Subpart 2 of Part D
The CAA was amended on November 15, 1990, Public Law 101-549, 104
Stat. 2399, codified at 42 U.S.C. 7401-7671q. EPA was required to
classify O3 nonattainment areas according to the severity of their
problem. On November 6, 1991 (56 FR 56694), the Owensboro and Edmonson
County metropolitan statistical areas (MSA) were designated as marginal
O3 nonattainment. Because these areas are marginal, the areas must
meet section 182(a) of the CAA. EPA has analyzed the SIP and determined
that it is consistent with the requirements of amended section 182.
Below is a summary of how the area has met the requirements of these
sections.
(1) Emissions Inventory
The CAA required an inventory of all actual emissions from all
sources, as described in section 172(c)(3) by November 15, 1992. On
November 13, 1992, the Cabinet submitted an emission inventory on the
Owensboro and Edmonson County area.
(2) Reasonably Available Control Technology (RACT)
The CAA also amended section 182(a)(2)(A), in which Congress
statutorily adopted the requirement that O3 nonattainment areas
fix their deficient Reasonably Available Control Technology (RACT)
rules for O3. Areas designated nonattainment before amendment of
the CAA and which retained that designation and were classified as
marginal or above as of enactment are required to meet the RACT Fix-ups
requirement. The Owensboro and Edmonson County areas were not
designated nonattainment prior to 1990 and were classified as marginal
O3 nonattainment pursuant to the 1990 CAA. Therefore, these areas
are not subject to the RACT fix-up requirement. However, Kentucky chose
to apply RACT on all major sources which commenced on or after the
effective date of a particular RACT rule. Kentucky submitted VOC RACT
SIP revisions through the Cabinet to EPA on February 12, 1992, October
20, 1992, February 17, 1993, and March 4, 1993. Action was taken
December 12, 1993, on the SIP revision submitted on February 12, 1992.
Action was taken June 23, 1994, on the SIP revisions submitted on
October 20, 1992, February 17, 1993, and March 4, 1993.
(3) Emissions Statements
The CAA required that the SIP be revised by November 15, 1992, to
require stationary sources of oxides of nitrogen (NOX) and VOCs to
provide the state with a statement showing actual emission each year.
This request to redesignate was submitted prior to the November 15,
1992 emissions statement deadline. Therefore, the emissions statement
program is not a requirement for the Owensboro and Edmonson County
areas.
(4) New Source Review (NSR)
The CAA required all classified nonattainment areas to meet several
requirements regarding NSR, including provisions to ensure that
increased emissions of VOCs compounds will not result from any new or
major source modifications and a general offset rule. A SIP revision
incorporating these requirements was due November 15, 1992. This
request to redesignate was submitted prior to the November 15, 1992 NSR
deadline. Therefore, the NSR program is not a requirement for the
Owensboro and Edmonson County areas.
3. The Area Has a Fully Approved SIP Under Section 110(k) of the
CAA
Based on the approval of provisions under the pre-amended CAA and
EPA's prior approval of SIP revisions under the amended CAA, EPA has
determined that Kentucky has a fully approved O3 SIP under section
110(k) for the marginal nonattainment areas, which also meets the
applicable requirements of section 110 and part D as discussed above.
4. The Air Quality Improvement Must Be Permanent and Enforceable
Several control measures have come into place since the
nonattainment areas violated the O3 NAAQS. Of these control
measures, the reduction of fuel volatility from 11.4 psi to 8.6 psi, as
measured by the Reid Vapor Pressure (RVP), and fleet turnover produced
the most significant decreases in VOC emissions. The table below
summarizes total emissions for VOCs. The difference between 1988 and
1990 are actual permanent and enforceable emission reductions which are
responsible for the recent air quality improvement in the areas. The
VOC emissions in the base year are not artificially low due to local
economic downturn. The technical support documents (TSD) contain
additional information on these reductions.
Reductions in VOC Emissions From 1988 to 1990
------------------------------------------------------------------------
VOCs (tpd)
MSA ----------------------------
1988 1990 1988-1990
------------------------------------------------------------------------
Owensboro.................................. 35.01 31.26 3.75
Edmonson Co................................ 3.05 1.88 1.17
------------------------------------------------------------------------
5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to
Section 175A of the CAA
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
or at least ten years after the Administrator approves a redesignation
to attainment. Eight years after the redesignation, the state must
submit a revised maintenance plan which demonstrates attainment for the
ten years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation,
adequate to assure prompt correction of any air quality problems.
In this notice, EPA is approving the Commonwealth of Kentucky's
maintenance plan for the Owensboro and Edmonson County marginal
nonattainment areas because EPA finds that the Commonwealth of
Kentucky's submittal meets the requirements of section 175A.
A. Emissions Inventory--Base Year Inventory
On November 13, 1992, the Commonwealth of Kentucky submitted
comprehensive inventories of VOC, NOX, and CO emissions from the
marginal nonattainment areas. The inventories included biogenic, area,
stationary, and mobile sources using 1990 as the base year for
calculations to demonstrate maintenance. The 1990 inventory is
considered representative of attainment conditions because the O3
NAAQS was not violated during 1990.
The Commonwealth of Kentucky submittal contains the detailed
inventory data and summaries by county and source category. This
comprehensive base year emissions inventory was submitted in the SIP
Air Pollutant Inventory Management System (SAMS) format. Finally, this
inventory was prepared in accordance with EPA guidance. A summary of
the base year and projected maintenance year inventories for the
Owensboro and Edmonson County areas are included in this notice for
VOCs and NOX. The CO and the biogenic VOC values are shown below
and are a part of the 1990 base year emission inventory. This notice is
approving the base year inventory. Refer to the TSD for more in-depth
details regarding the base year inventory for the marginal
nonattainment areas.
CO Emission Inventory Summary for 1990
[Tons per day]
------------------------------------------------------------------------
Non-
Point Area Mobile Road Total
------------------------------------------------------------------------
Owensboro................. 39.69 2.49 39.60 21.05 99.83
Edmonson Co............... 0.0 0.68 4.48 2.37 7.53
------------------------------------------------------------------------
Biogenic Emission Inventory Summary for 1990
[Tons per day]
------------------------------------------------------------------------
Biogenic
------------------------------------------------------------------------
Owensboro 1990 Emissions................................... 52.6
Edmonson Co. 1990 Emissions................................ 29.3
------------------------------------------------------------------------
B. Demonstration of Maintenance--Projected Inventories
Below, totals for VOC and NOX emissions were projected from
the 1990 base year out to 2004. These projected inventories were
prepared in accordance with EPA guidance. Refer to EPA's TSD for more
in-depth details regarding the projected inventory for the
nonattainment areas.
Owensboro VOC Emission Inventory Summary
[Tons per day]
------------------------------------------------------------------------
1990 1993 1996 1999 2002 2004
------------------------------------------------------------------------
Point................... 16.52 16.43 16.34 16.25 16.17 16.11
Area.................... 5.37 5.33 5.30 5.27 5.23 5.21
Mobile.................. 9.37 8.84 8.22 8.53 8.38 8.29
-----------------------------------------------
Total............. 31.26 30.61 30.36 30.06 29.78 29.60
------------------------------------------------------------------------
Owensboro NOX Emission Inventory Summary
[Tons per day]
------------------------------------------------------------------------
1990 1993 1996 1999 2002 2004
------------------------------------------------------------------------
Point................... 82.05 81.82 81.58 81.34 81.11 80.96
Area.................... 0.22 0.22 0.22 0.22 0.21 0.21
Mobile.................. 8.27 7.50 7.08 6.88 6.66 6.62
-----------------------------------------------
Total............. 90.54 89.54 88.88 88.45 87.99 87.78
------------------------------------------------------------------------
Edmonson County VOC Emission Inventory Summary
[Tons per day]
------------------------------------------------------------------------
1990 1993 1996 1999 2002 2004
------------------------------------------------------------------------
Point................... 0.00 0.00 0.00 0.00 0.00 0.00
Area.................... 0.74 0.76 0.77 0.79 0.80 0.82
Mobile.................. 1.14 1.16 1.12 1.05 1.08 1.10
-----------------------------------------------
Total............. 1.88 1.92 1.89 1.84 1.88 1.92
------------------------------------------------------------------------
Edmonson NOX Emission Inventory Summary
[Tons per day]
------------------------------------------------------------------------
1990 1993 1996 1999 2002 2004
------------------------------------------------------------------------
Point................... 0.00 0.00 0.00 0.00 0.00 0.00
Area.................... 0.04 0.04 0.04 0.04 0.04 0.04
Mobile.................. 1.14 1.02 1.03 0.92 0.93 0.95
-----------------------------------------------
Total............. 1.18 1.06 1.07 0.96 0.98 0.99
------------------------------------------------------------------------
As indicated in the following table, an emissions decrease in VOCs
and NOX in the Owensboro nonattainment area and an emissions
decrease in NOX in the Edmonson County nonattainment area are
projected throughout the maintenance period. There is an increase in
VOC emissions in the Edmonson County nonattainment area. However, the
emissions increase of 0.04 tpd is not expected to affect maintenance of
the O3 NAAQS in this rural area. EPA believes that these emissions
projections demonstrate that the nonattainment areas will continue to
maintain the O3 NAAQS.
VOC and NOX Projected Emissions Changes
------------------------------------------------------------------------
VOCs NOX
(percent) (percent)
------------------------------------------------------------------------
Owensboro......................................... -5.31 -3.04
Edmonson Co....................................... 3.17 -15.76
------------------------------------------------------------------------
C. Verification of Continued Attainment
Continued attainment of the O3 NAAQS in the marginal
nonattainment areas depend, in part, on the Commonwealth of Kentucky's
efforts toward tracking indicators of continued attainment during the
maintenance period. The Commonwealth of Kentucky's contingency plan is
triggered by two indicators, the emissions inventory for interim years
exceeding the baseline emission inventory by more than 10% or an air
quality violation. As stated in the maintenance plan, the Cabinet will
be developing these emissions inventories every three years beginning
in 1996. These periodic inventories will help to verify continued
attainment. Refer to the TSD for a more complete discussion of the
indicators the Commonwealth is tracking and the contingency measures.
D. Contingency Plan
The level of VOC and NOX emissions in the nonattainment areas
will largely determine its ability to stay in compliance with the
O3 NAAQS in the future. Despite the Commonwealth's best efforts to
demonstrate continued compliance with the NAAQS, the ambient air
pollutant concentrations may exceed or violate the NAAQS. Therefore,
the Commonwealth of Kentucky has provided contingency measures with a
schedule for implementation in the event of a future O3 air
quality problem. The plan contains a contingency to implement RACT on
existing major sources in the area where the violation occurred within
ninety (90) days. RACT was not required for these nonattainment areas
because they were designated marginal nonattainment pursuant to the
CAA. A complete description of this contingency measure and its trigger
can be found in the TSD. EPA finds that the contingency measures
provided in the Commonwealth of Kentucky's submittal meet the
requirements of section 175A(d) of the CAA.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, the Commonwealth of
Kentucky has agreed to submit a revised maintenance SIP eight years
after the marginal nonattainment areas redesignate to attainment. Such
revised SIP will provide for maintenance for an additional ten years.
Final Action
In this final action, EPA is approving the nonattainment areas'
O3 maintenance plan because it meets the requirements of section
175A. The EPA is redesignating the Owensboro and Edmonson County
nonattainment areas to attainment for O3 because the Commonwealth
of Kentucky has demonstrated compliance with the requirements of
section 107(d)(3)(E) for redesignation. In addition EPA is approving
the 1990 base year emission inventories for the Owensboro and Edmonson
County nonattainment areas. Nothing in this action should be construed
as permitting or allowing or establishing a precedent for any future
request for revision to any SIP. Each request for revision to the SIP
shall be considered separately in light of specific technical,
economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.
The O3 SIP is designed to satisfy the requirements of part D
of the CAA and to provide for attainment and maintenance of the O3
NAAQS. This final redesignation should not be interpreted as
authorizing the Commonwealth of Kentucky to delete, alter, or rescind
any of the VOC or NOX emission limitations and restrictions
contained in the approved O3 SIP. Changes to O3 SIP VOC
regulations rendering them less stringent than those contained in the
EPA approved plan cannot be made unless a revised plan for attainment
and maintenance is submitted to and approved by EPA. Unauthorized
relaxations, deletions, and changes could result in both a finding of
nonimplementation (section 173(b) of the CAA) and in a SIP deficiency
call made pursuant to section 110(a)(2)(H) of the CAA.
The EPA is publishing this action 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, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective January 3, 1995 unless, by December 5, 1994, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA 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 January 3, 1995.
Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by January 3, 1995. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for 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) of the Act, 42
U.S.C. 7607 (b)(2).)
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael Shapiro, Acting Assistant Administrator for Air
and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Tables 2 and 3 SIP revisions from the requirements of
section 3 of Executive Order 12291 for 2 years. The EPA has submitted a
request for a permanent waiver for Table 2 and Table 3 SIP revisions.
The OMB has agreed to continue the waiver until such time as it rules
on EPA's request. This request continues in effect under Executive
Order 12866 which superseded Executive Order 12291 on September 30,
1993.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a 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.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
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, EPA 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 entities with jurisdiction over populations of less than
50,000.
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 regulatory requirements on sources. The
Administrator certifies that the approval of the redesignation request
will not affect a substantial number of small entities.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone.
40 CFR Part 81
Air pollution control, Hydrocarbons, Carbon monoxide, Nitrogen
oxides, National parks, Wilderness areas.
Dated: September 20, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
Chapter I, title 40, Code of Federal Regulations, is 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 52.920 is amended by adding paragraph (c)(70) to read as
follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(70) The maintenance plan for the Owensboro and Edmonson County
Areas which include Daviess, a portion of Hancock, and Edmonson
Counties submitted by the Commonwealth of Kentucky Natural Resources
and Environmental Protection Cabinet on November 13, 1992, November 24,
1992, March 10, 1993, July 16, 1993, March 3, 1994, and August 29,
1994, as part of the Kentucky SIP. The 1990 Baseline Emission Inventory
for the Owensboro and Edmonson County areas which include Daviess, a
portion of Hancock, and Edmonson Counties.
(i) Incorporation by reference.
(A) Commonwealth of Kentucky Attainment Demonstration and Ten Year
Maintenance Plan for All Areas Designated Marginal Nonattainment for
Ozone. The effective date is December 28, 1992.
(B) Attachment A--Demonstration of Permanent and Enforceable
Reductions and Calculations of Interim Year Emission Projections. The
effective date is August 26, 1994.
(C) Attachment B--VOC Emissions Summary for Kentucky's Marginal
Ozone Nonattainment Areas. The effective date is August 26, 1994.
(D) Attachment C--CO Emissions Summary for Kentucky's Marginal
Ozone Nonattainment Areas. The effective date is August 26, 1994.
(E) Attachment D--NOX Emissions Summary for Kentucky's
Marginal Ozone Nonattainment Areas. The effective date is August 26,
1994.
(F) Table 6-12 Biogenic Emissions Hancock County, Kentucky. The
effective date is December 28, 1992.
(G) Table 6-11 Biogenic Emissions Daviess County, Kentucky. The
effective date is December 28, 1992.
(H) Table 6-1. Biogenic Emissions Edmonson County, Kentucky. The
effective date is December 28, 1992.
(ii) Other material.
(A) February 28, 1994, letter from John E. Hornback, Director,
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs
Branch.
(B) October 4, 1994, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to John H.
Hankinson, Regional Administrator, USEPA Region IV.
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 entries for ``Edmonson County'', ``Daviess County'', and ``Hancock
County'' to read as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky--Ozone
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Edmonson County.................... 1/3/95 Unclassifiable/Attainment...........
* * * * * * *
Daviess County..................... 1/3/95 Unclassifiable/Attainment...........
* * * * * * *
Hancock County..................... 1/3/95 Unclassifiable/Attainment...........
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
[FR Doc. 94-27071 Filed 11-2-94; 8:45 am]
BILLING CODE 6560-50-P
