[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]


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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