[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Rules and Regulations]
[Pages 48653-48655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23320]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[KY89-1-7168; FRL-5297-6]
Designation of Areas for Air Quality Planning Purposes;
Commonwealth of Kentucky: Correction to the Boundary of the Kentucky
Portion of the Louisville Moderate Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is correcting the boundaries of the Kentucky portion of
the Louisville moderate ozone (O3) nonattainment area, pursuant to
Section 110(k)(6) of the Clean Air Act (the Act). The boundary of the
Louisville moderate O3 nonattainment area (nonattainment area) is
being revised to include additional sources that contribute to
violation of the O3 National Ambient Air Quality Standard (NAAQS).
EFFECTIVE DATE: This final rule will be effective October 5, 1995.
ADDRESSES: 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.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365.
Division for Air Quality, Department for Environmental Protection,
Natural Resources and Environmental Protection Cabinet, 803 Schenkel
Lane, Frankfort, Kentucky 40601.
Air Pollution Control District of Jefferson County, 850 Barrett Avenue,
Suite 205, Louisville, Kentucky 40204.
FOR FURTHER INFORMATION CONTACT: Scott Southwick, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555, x4207.
SUPPLEMENTARY INFORMATION: On November 6, 1991 (56 FR 56694), EPA
designated portions of Oldham and Bullitt Counties as moderate O3
nonattainment. Sections 107(d)(4)(A)(i) and (ii) of the 1990 Clean Air
Act Amendments (CAAA) set out the general process by which areas were
to be designated for O3 attainment/nonattainment immediately after
enactment of the CAAA. Under the CAAA, preenactment O3 and carbon
monoxide (CO) nonattainment areas were classified on the date of
enactment according to the severity of their problem. Within 120 days
of enactment of the CAAA, the Governor of each state was required to
submit a list of areas within the state, designating each area as
attainment, nonattainment, or unclassifiable (120-day letter). Within
60 days of submitting the state lists, EPA was required to notify
states of any potential modifications to the state's recommendations
and encourage states to comment within 20 days to EPA's proposal. EPA
was required to promulgate the lists, including boundary modifications,
within 240 days of enactment.
On March 14, 1991, the Commonwealth of Kentucky (the Cabinet)
submitted a list of ozone nonattainment, attainment and unclassifiable
areas and boundaries. The Cabinet proposed that Jefferson County be the
only Kentucky county in the Louisville nonattainment area. EPA gave 60
day notification to the Cabinet on May 13, 1991, that it intended to
modify the proposed designation list. Pursuant to section 107(d)(1)(i)
of the CAAA, EPA indicated that it intended to include Bullitt and
Oldham Counties in the Louisville nonattainment area due to monitored
violations of the NAAQS for O3 in these counties.
On June 3, 1991, the cabinet formally disagreed with EPA's decision
to include Bullitt and Oldham Counties in the Louisville nonattainment
area. EPA and the Cabinet subsequently agreed to include the portions
of Bullitt and Oldham Counties that contained the monitors that
recorded the O3 NAAQS violations and the sources whose emissions
contributed to the O3 NAAQS violations. Partial boundaries were
developed and EPA published the nonattainment designation for the
Louisville area on November 6, 1991 (FR 56 56694). Natural boundaries,
roads, powerlines, etc., were used to detail the nonattainment area.
When these boundaries were developed, sources on one side of the street
or intersection were included in the nonattainment area while sources
on the other side inadvertently were not. As a result, not all sources
contributing to the violation of the O3 NAAQS in Louisville were
included in the nonattainment area, and inequitable economic impacts
have been placed upon small competing businesses. This has affected the
well being of some small businesses and it has undermined the
effectiveness of the plan to attain the standard in the Louisville
nonattainment area.
Final Action
In the Federal Register of November 6, 1991 (56 FR 56694), EPA
issued a final rule promulgating the designations, boundaries, and
classifications of O3 nonattainment areas (and for nonattainment
areas for other pollutants not addressed in this action). Pursuant to
section 110(k)(6) of the CAAA, EPA is correcting the boundary of the
Kentucky portion of the Louisville moderate O3 nonattainment area
to extend the nonattainment area 750 ft. outward from the center of a
road or intersection.
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 November
20, 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).)
The OMB has exempted this action from review under Executive Order
12866.
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.
[[Page 48654]]
This correction under Section 110(k)(6) of the Act simply imposes
previously existing requirements on a few small entities which were
inadvertently left out of the designated nonattainment area. Therefore,
I certify that this action does not have a significant impact on a
substantial number of small entities.
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
EPA has determined that this action does include a mandate.
However, the estimated cost is less than $100 million to State, local,
or tribal governments in the aggregate or to the private sector.
In accordance with CAAA sections 107(d)(2)(B) and 110(k)(6), this
action is a final rule and is not subject to the notice and comment
provisions of sections 553 through 557 of Title 5.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Ozone,
Intergovernmental relations.
Dated: September 12, 1995.
Carol M. Browner,
Administrator.
Part 81 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In section 81.318, the ozone table is amended by revising the
entries for ``Bullitt County (part)'' and ``Oldham County (part)''
under the ``Louisville Area'' to read as follows:
Sec. 81.318 Kentucky.
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Kentucky-Ozone
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Designation Classification
Designated area ---------------------------------------------------------------
Date\1\ Type Date\1\ Type*
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Bullitt County (part): The area boundary is as ........... Non-attainment....... ........... Moderate.
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.
[[Page 48655]]
Jefferson County................................ ........... Non-attainment....... ........... Moderate
Oldham County (part): The area boundary is as ........... Non-attainment....... ........... Moderate.
follows: Beginning at the intersection of the
Oldham-Jefferson County Line with the
southbound lane of Intestate 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 an 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
KY 53 and Zale Smith Road; proceeding 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.
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[FR Doc. 95-23320 Filed 9-19-95; 8:45 am]
BILLING CODE 6560-50-P
