[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30949]


[[Page Unknown]]

[Federal Register: December 16, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[KY-069-6105; FRL-5123-2]

 

Proposed Approval and Promulgation of Implementation Plans and 
Designation of Areas for Air Quality Planning Purposes; Commonwealth of 
Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On November 12, 1993, the Commonwealth of Kentucky through the 
Natural Resources and Environmental Protection Cabinet (Cabinet) 
submitted a maintenance plan and a request to redesignate the Kentucky 
portion of the Ashland-Huntington nonattainment area from nonattainment 
to attainment for ozone (O3). The Kentucky portion of the moderate 
O3 nonattainment area includes Boyd County and a portion of 
Greenup County. On November 12, 1992, West Virginia requested to 
redesignate their portion of the Ashland-Huntington nonattainment area 
and action is being taken by Region 3 in a separate notice. Under the 
Clean Air Act, designations can be changed if sufficient data are 
available to warrant such changes. In this action, EPA is proposing to 
approve the Commonwealth of Kentucky's submittal because it will meet 
the maintenance plan and redesignation requirements. The approved 
maintenance plan will become a federally enforceable part of Kentucky's 
State Implementation Plan (SIP) for the moderate nonattainment area. In 
this action, EPA ia also proposing to approve the Commonwealth of 
Kentucky's 1990 baseline emissions inventory because it meets EPA's 
requirements regarding the approval on baseline emission inventories.

DATES: To be considered, comments must be received by January 17, 1995.

ADDRESSES: Written comments on this action should be addressed to Scott 
Southwick, at the EPA Regional Office listed.
    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.
Commonwealth of Kentucky, Natural Resources and Environmental 
Protection Cabinet, Department for Environmental Protection, Division 
for Air Quality, 803 Schenkel Lane, Frankfort, Kentucky 40601.

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 extension 4207. Reference file KY-069-6105.

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)(C), 
EPA designated Boyd County of the Ashland-Huntington area as 
nonattainment by operation of law with respect to O3 because the 
area was designated nonattainment immediately before November 15, 1990. 
The nonattainment area was expanded to include portions of Greenup 
County per section 107(d)(1)(A)(i) (See 56 FR 56694 (Nov. 6, 1991) and 
57 FR 56762 (Nov. 30, 1992), codified at 40 CFR 81.318.) The area was 
classified as moderate.
    The moderate nonattainment area more recently has ambient 
monitoring data that show no violations of the O3 National Ambient 
Air Quality Standard (NAAQS), during the period from 1991 through 1993. 
Therefore, in an effort to comply with the CAA and to ensure continued 
attainment of the NAAQS, on November 12, 1993, the Commonwealth of 
Kentucky submitted for parallel processing an O3 maintenance plan 
and requested redesignation of the area to attainment with respect to 
the O3 NAAQS and EPA found the request complete. On July 21, 1994, 
the Commonwealth revised the maintenance plan to address public 
comments, and EPA comments dated December 16, 1993, and May 5, 1994.
    On February 7, 1994, Region 4 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 changed its policy with respect 
to redesignation submittals to conform to the existing completeness 
criteria. 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 (See 58 FR 38108 ``Approval and Promulgation of Maintenance 
Plan and Designation of Areas for Air Quality Planning Purposes for 
Carbon Monoxide, State of New York'' published July 15, 1993, and 
``State Implementation Plans (SIP) Actions submitted in Response to 
Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni to Air 
Program Directors, Region I-X, dated October 28, 1992).
    The Kentucky redesignation request for the Ashland moderate O3 
nonattainment area 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 Commonwealth of Kentucky'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. Most recent 
ambient air quality monitoring data for calendar year 1991 through 
calendar year 1993 show an expected exceedance rate of less than 1.0 
per year of the O3 NAAQS in the nonattainment area (See 40 CFR 
50.9 and appendix H). The area has continued to demonstrate attainment 
to date. Because the nonattainment area has complete quality-assured 
data showing no violations of the standard over the most recent 
consecutive three calendar year period, the area has met the first 
component of attainment of the O3 NAAQS. The Commonwealth of 
Kentucky has also met the second component of attainment of the O3 
NAAQS by committing to continue monitoring the moderate nonattainment 
area in accordance with 40 CFR part 58.

2. The Area Has Met All Applicable Requirements Under Section 110 
and Part D of the CAA

    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 and ensures 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, the Kentucky SIP for 
the moderate nonattainment area 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 moderate nonattainment area may be redesignated to 
attainment, the Commonwealth 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 
Ashland-Huntington nonattainment area is classified as moderate (See 56 
FR 56694, codified at 40 CFR 81.318). The Commonwealth of Kentucky 
submitted the request for redesignation of the moderate nonattainment 
area on November 12, 1993. 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, and is also required to meet the applicable requirements of 
subpart 2 of part D, specifically sections 182(a) and (b).
a. 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 had not 
determined that these requirements were applicable to classified ozone 
nonattainment areas on or before November 12, 1993, the date that the 
Commonwealth of Kentucky submitted a complete redesignation request for 
the Kentucky portion of the Ashland-Huntington nonattainment area. 
Therefore, the Commonwealth was not required to meet these requirements 
for purposes of redesignation. Upon the redesignation of this area 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 one year 
after the date for promulgation of final EPA conformity regulations. 
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 13498t 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 SIP 
revisions containing transportation and general conformity criteria and 
procedures consistent with those established in the Federal rule by 
November 25, 1994 and December 1, 1994, respectively. Because the 
deadlines for these submittals have 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 July 21, 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.
b. Subpart 2 of Part D--Section 182
    The CAA was amended on November 15, 1990, Pub. L. 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 Ashland-Huntington 
metropolitan statistical area (MSA) was designated as moderate O3 
nonattainment. Because the Ashland-Huntington area is a moderate 
O3 nonattainment area, it is required to have met the requirements 
of sections 182(a), (b) and (f) of the CAA. EPA has analyzed the SIP 
and determined which requirements have been met and for which 
requirements further action is required. In the instances where further 
action is required, SIP revisions meeting those requirements must be 
fully approved in order for EPA to find that all the applicable 
requirements of the CAA have been met. Thus, final approval of this 
redesignation is contingent upon the final approval of the additional 
SIP submittals described below.
    (1) Section 182(a)(1)--Emissions Inventory. Section 182(a)(1) of 
the CAA required an inventory of all actual emissions from all sources, 
as described in section 172(c)(3) to be submitted by November 15, 1992. 
On November 13, 1992, the Cabinet submitted an emission inventory on 
the Ashland-Huntington area. The Cabinet submitted revisions on October 
15, 1993, and July 8, 1994, addressing EPA comments. EPA is proposing 
to approve the inventory in this notice. Final approval of this 
redesignation is contingent on final approval of the emissions 
inventory.
    (2) Section 182(a)(2), 182(b)(2)--Reasonably Available Control 
Technology (RACT). Subsequent to the 1977 Clean Air Act Amendments, 
Boyd county was designated as not meeting the O3 NAAQS on March 3, 
1978 (43 FR 8962). The Commonwealth was subsequently required to revise 
its O3 SIP for this area to meet the requirements of section 
110(a)(2) and part D of the 1977 Clean Air 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). On December 31, 1987, EPA 
deemed that this control strategy had not resulted in the attainment of 
the NAAQS for O3 in the Ashland-Huntington area. Consequently, 
Greer C. Tidwell, Region 4 Regional Administrator, sent a letter to 
Wallace G. Wilkinson, Governor of Kentucky, on May 26, 1988. This 
letter, pursuant to section 110(a)(2)(H) of the 1977 CAA, notified 
Kentucky that the SIP was substantially inadequate to achieve the NAAQS 
for O3 in Ashland-Huntington and called upon the Commonwealth to 
revise the SIP.
    The 1990 CAA amended section 182(a)(2)(A), and Congress statutorily 
adopted the requirement that O3 nonattainment areas correct their 
deficient RACT rules for O3 (RACT Fix-ups). 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. Under section 
182(a)(2)(A), those areas were required by May 15, 1991, to correct 
RACT regulations as required under pre-amendment guidance.1 The 
SIP call letters interpreted that guidance and indicated corrections 
necessary for specific nonattainment areas. Ashland-Huntington was 
previously subject to RACT requirements for ozone. Therefore, this area 
is subject to the RACT fix-up requirement and the May 15, 1991, 
deadline.
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    \1\Among other things, the pre-amendment guidance consists of 
the VOC RACT portions of the Post-87 policy, 52 FR 45044 (Nov. 24, 
1987); the Bluebook, ``Issues Relating to VOC Regulation Cutpoints, 
Deficiencies and Deviations, Clarification to Appendix D of November 
24, 1987 Federal Register Notice'' (of which notice of availability 
was published in the Federal Register on May 25, 1988); and the 
existing Control Technology Guidelines (CTGs).
---------------------------------------------------------------------------

    The 1990 CAA also amended section 182(b)(2) which required RACT on 
all major sources of VOCs for O3 nonattainment areas designated 
moderate and above (RACT Catch-ups) by November 15, 1992. The RACT 
Catch-ups provision required the state to submit a revision to the SIP 
to implement RACT on: (1) each category of VOC sources in the area 
covered by a CTG document issued between the enactment of the CAA and 
the date of attainment; (2) all VOC sources in the area covered by any 
CTG issued before the date of the CAA; and (3) all other major 
stationary sources of VOCs that are located in the area.
    Kentucky failed to meet the May 15, 1991, deadline date for RACT 
fix-ups and EPA notified the Commonwealth on June 25, 1991, that a 
finding of failure to submit had been made. This finding of failure to 
submit was published on October 22, 1991 (56 FR 54554), triggering the: 
(1) 18-month time clock for mandatory application of sanctions under 
section 179(a); (2) the Administrator's discretionary authority to 
impose sanctions under section 110(m); and (3) the 2-year time clock 
for promulgation of the Federal Implementation Plan (FIP) VOC 
regulations for this area as required by section 110(c)(1).
    The 18-month period prior to application of mandatory sanctions 
ended on April 22, 1993. Kentucky submitted SIP revisions through the 
Cabinet to EPA on February 12, 1992, October 20, 1992, February 17, 
1993, and March 4, 1993, all prior to the April 22, 1993, deadline. 
Because the revisions addressed all RACT Fix-up deficiencies and were 
found to contain all required administrative and technical components, 
the 18-month time clock for mandatory application of sanctions under 
section 179(a) was stopped. A Federal Register approving the SIP 
revision submitted on February 12, 1992, was published on October 22, 
1993 (58 FR 54516). A Federal Register approving the SIP revisions 
submitted on October 20, 1992, February 17, 1993, and March 4, 1993, 
was published on June 23, 1994 (59 FR 32343).
    The February 12, 1992, October 20, 1992, February 17, 1993, and 
March 4, 1993, submittals also addressed all of the RACT Catch-up 
requirements except the requirement of RACT on all other major 
stationary sources of VOC that are located in the area, i.e., all 
sources that are not covered by a CTG. There is one source in the 
Ashland-Huntington area that is not covered by a CTG. This source will 
be subject to a source specific SIP revision requiring VOC RACT. Action 
on this SIP revision will be under a separate notice on or before final 
action is taken on this redesignation request. The approval of this 
redesignation request is contingent upon the approval of this source 
specific SIP revision.
    (3) Section 182(a)(3)--Emissions Statements. Section 182(a)(3) of 
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. 
On January 15, 1993, the Cabinet submitted an emission statement rule. 
The Cabinet will submit revisions to the emission statement rule to 
address EPA comments. Action on this SIP revision will be under a 
separate notice on or before final action is taken on this 
redesignation request. Final approval of this redesignation is 
contingent on final approval of the emissions statement rule.
    (4) Section 182(b)(1)--15% Progress Plans. Section 182(b)(1) of the 
CAA required states to submit a revision to the SIP by November 15, 
1993, to provide for VOC emission reductions by November 15, 1996, of 
at least 15% from baseline emissions accounting for any growth in 
emissions after the date of enactment of the CAA. The Commonwealth 
failed to submit the required revisions and as a result, on April 1, 
1994, EPA issued a finding letter notifying Kentucky of a finding of 
failure to submit. This finding of failure to submit triggered the: (1) 
18-month time clock for mandatory application of sanctions under 
section 179(a); (2) the Administrator's discretionary authority to 
impose sanctions under section 110(m); and (3) the 2-year time clock 
for promulgation of the FIP 15% regulations for this area as required 
by section 110(c)(1). However, the letter acknowledges the submittal of 
this redesignation request to attainment and stated that if the 
redesignation request to attainment is approved then requirements for a 
15% plan SIP will be unnecessary for the Ashland-Huntington area. 
Therefore, upon approval of this redesignation request, the sanctions 
clock will stop. As the requirement to submit a 15% plan did not come 
due until November 15, 1993, the 15% plan requirement is not an 
applicable requirement for purposes of the evaluation of this 
redesignation request.
    (5) Section 182(b)(3)--Stage II. Section 182(b)(3) of the CAA 
required moderate areas to implement Stage II gasoline vapor recovery 
systems unless and until EPA promulgated onboard vapor recovery (OBVR) 
regulations. On January 24, 1994, EPA promulgated the OBVR rule, and, 
as section 202(a)(b) of the CAA provides that once the rule is 
promulgated, moderate areas are no longer required to implement Stage 
II. Thus, the Stage II vapor recovery requirement of section 182(b)(3) 
is no longer an applicable requirement.
    (6) Section 182(b)(4)--Motor Vehicle Inspection and Maintenance (I/
M). The CAA required all moderate and above areas to revise the SIP to 
include provisions necessary to provide for a vehicle inspection and 
maintenance program. The Commonwealth failed to submit the required 
revisions and as a result, on April 1, 1994, EPA issued a finding 
letter notifying Kentucky of a finding of failure to submit. This 
finding of failure to submit triggered the: (1) 18-month time clock for 
mandatory application of sanctions under section 179(a); (2) the 
Administrator's discretionary authority to impose sanctions under 
section 110(m); and (3) the 2-year time clock for promulgation of the 
FIP I/M regulations for this area as required by section 110(c)(1). 
However, the letter acknowledges the submittal of this redesignation 
request to attainment and stated that if the redesignation request to 
attainment is approved then requirements for an I/M SIP will be 
necessary for the Ashland-Huntington area only as a contingency 
measure. Therefore, when this redesignation request is approved, the 
sanctions clock will stop and the program will be a contingency measure 
in the maintenance plan.
    (7) Section 182(b)(5)--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. The Cabinet submitted a NSR 
rule on February 17, 1993, to incorporate VOC and NOX permit 
review requirements for new and modified sources in Kentucky's O3 
nonattainment areas. The revised permit requirements meet new offset 
ratios and additional provisions for moderate O3 nonattainment 
areas. This rule was approved by EPA on June 23, 1994 (59 FR 32343). 
(EPA notes that under the policy announced in the memorandum, ``Part D 
New Source Review (part D NSR) Requirements for Areas Requesting 
Redesignation to Attainment'', dated October 14, 1994, from Mary D. 
Nichols to Air Division Directors I-X, approval of the NSR submittal is 
not necessarily required for approval of a redesignation.)
    (8) Section 182(f)--Oxides of Nitrogen (NOX) requirements. 
Section 182(f) of the CAA requires states with areas designated 
nonattainment for O3 and classified as moderate and above to 
impose the same control requirements for major stationary sources of 
NOX as apply to major stationary sources of volatile organic 
compounds (VOCs). These control requirements, NOX RACT and 
NOX NSR, were to be submitted to EPA in a SIP revision by November 
15, 1992. EPA adopted a policy pursuant to section 110(k)(4) of the CAA 
to conditionally approve NOX RACT SIPs which committed to provide 
EPA with specific enforceable measures within one year of the date of 
approval of the commitment. EPA's committal SIP policy was challenged 
in Natural Resources Defense Council v. Browner--in the United States 
Court of Appeals for the District of Columbia Circuit. In a full 
Opinion, dated May 6, 1994, the Court found that EPA's conditional 
approval interpretation exceeded the EPA's statutory authority, but 
concluded that ``EPA properly extended'' to November 15, 1993, the 
deadline for submittal of fully enforceable NOX RACT SIPs. As a 
result of this court case, the deadline to submit NOX RACT rules 
was November 15, 1993. Therefore, because that date is after the 
Commonwealth submitted the redesignation request, NOX RACT is not 
an applicable requirement for this redesignation request.

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 will have a fully approved O3 SIP under 
section 110(k) for the moderate nonattainment area when EPA approves 
SIP submissions regarding the emissions inventory, VOC RACT for 
stationary sources not covered by a CTG, and emission statements. Final 
action will be taken prior to or at the same time as final approval of 
this redesignation.

4. The Air Quality Improvement Must Be Permanent and Enforceable

    Several control measures have come into place since the Ashland-
Huntington nonattainment area violated the O3 NAAQS. Of these 
control measures, the reduction of fuel volatility from 10.5 psi in 
1988 to 9.0 psi in 1992, as measured by the Reid Vapor Pressure (RVP), 
and fleet turnover due to the Federal Motor Vehicle Control Program 
(FMVCP) produced the most significant decreases in VOC emissions. The 
table below lists the actual enforceable emission reductions which are 
responsible for the recent air quality improvement in the Kentucky 
portion of the nonattainment area. The VOC emissions in the base year 
are not artificially low due to a depressed economy. The technical 
support document (TSD) contains additional information on these 
reductions.

          Reductions in VOC and NOX Emissions From 1990 to 1993         
------------------------------------------------------------------------
                                                                   NOX  
                           VOC (tpd)                              (tpd) 
------------------------------------------------------------------------
3.88...........................................................     0.28
------------------------------------------------------------------------

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 
for 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 proposing approval of the Commonwealth of 
Kentucky's maintenance plan for the Ashland-Huntington nonattainment 
area 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 
Ashland-Huntington nonattainment area. The inventory included biogenic, 
area, stationary, and mobile sources using 1990 as the base year for 
calculations to demonstrate maintenance. The 1990 inventory was 
projected to a 1993 attainment inventory using population growth rates. 
The 1993 inventory can serve as an attainment inventory because the 
O3 NAAQS was not violated during the 1993 year. The CO and the 
biogenic VOC values are included as a part of the 1990 base year 
emission inventory.
    The Commonwealth of Kentucky submittal contains the detailed 
inventory data and summaries by county and source category. Finally, 
this inventory was prepared in accordance with EPA guidance. A summary 
of the base year and projected maintenance year inventories are 
included in this notice for VOCs and NOX. Refer to the TSD 
accompanying this notice for more in-depth details regarding the base 
year inventory for the Ashland-Huntington nonattainment area. This 
notice proposes approval of the base year inventory for the Ashland-
Huntington area.

                                     CO Emission Inventory Summary for 1990                                     
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                                         Point       Area       Mobile     Non-Road      Total  
----------------------------------------------------------------------------------------------------------------
Emissions for 1990..................................      133.03        2.41       59.90       14.42      209.76
----------------------------------------------------------------------------------------------------------------


              Biogenic Emission Inventory Summary for 1990              
                             [Tons per day]                             
------------------------------------------------------------------------
                                                                Biogenic
------------------------------------------------------------------------
Emissions for 1990............................................  23.60   
------------------------------------------------------------------------

B. Demonstration of Maintenance--Projected Inventories

    As summarized in the following tables, totals for VOC, and NOX 
emissions were projected from the 1990 base year, to the 1993 
attainment year and out to 2005. These projected inventories were 
prepared in accordance with EPA guidance. Refer to EPA's TSD 
accompanying this notice for more in-depth details regarding the 
projected inventory for the Ashland-Huntington nonattainment area.

                   Kentucky Portion of the Ashland-Huntington VOC Projection Inventory Summary                  
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                                             1993                                               
                                               1990 base    attain    1996 proj  1999 proj  2002 proj  2005 proj
                                                             base                                               
----------------------------------------------------------------------------------------------------------------
Point.......................................       34.81       33.79      34.12      34.10      34.10      34.10
Area........................................        3.8         3.9        3.68       4.09       4.12       4.20
Mobile......................................       12.43        8.60       8.55       9.40       7.95       7.86
                                             -------------------------------------------------------------------
      Total.................................       51.04       46.29      46.35      47.60      46.17      46.16
----------------------------------------------------------------------------------------------------------------


                   Kentucky Portion of the Ashland-Huntington NOX Projection Inventory Summary                  
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                                              1993                                              
                                                1990 base    attain   1996 proj  1999 proj  2002 proj  2005 proj
                                                              base                                              
----------------------------------------------------------------------------------------------------------------
Point.........................................      25.71      25.59      25.77      25.78      25.78      25.79
Area..........................................       0.18       0.18       0.18       0.18       0.18       0.17
Mobile........................................       7.71       7.40       7.51       7.82       7.13       7.11
                                               -----------------------------------------------------------------
      Total...................................      33.60      33.17      33.46      33.78      33.09      33.08
----------------------------------------------------------------------------------------------------------------

    Projections indicate that there was an emissions decrease in VOCs 
and NOX in the nonattainment area from the 1993 attainment 
baseyear to 2005. However, the projections show a temporary increase in 
NOX emissions of less than 2%. EPA believes this increase to be 
insignificant, and therefore, EPA believes that these emissions 
projections demonstrate that the nonattainment area will continue to 
maintain the O3 NAAQS.

C. Verification of Continued Attainment

    Continued attainment of the O3 NAAQS in the nonattainment area 
depends, in part, on the Commonwealth of Kentucky's efforts toward 
tracking indicators of continued attainment during the maintenance 
period. The Cabinet will develop periodic emission inventories every 
three years beginning in 1996 and will evaluate these periodic 
inventories to see if they exceed the baseline emission inventory by 
more than 10%. If a 10% exceedance occurs, the state will evaluate 
existing control measures to see if any further emission reduction 
measures should be implemented.
    The Commonwealth of Kentucky's contingency plan can also be 
triggered by an air quality exceedance. If an exceedance occurs, the 
Commonwealth will evaluate existing control measures to see if any 
further emission reduction measures should be implemented. The 
Commonwealth of Kentucky contingency plan will be triggered in the 
event of a monitored violation of the ozone standard. The Commonwealth 
then commits to adopt within a six months, one or more of the 
contingency measures listed in the contingency plan. The Commonwealth 
has also committed to operate the air monitoring network in accordance 
to 40 CFR 58 with no reductions in the existing network. Refer to the 
TSD accompanying this notice 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 area 
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 the following possible contingency 
measures: (1) Petition EPA to opt into reformulated gasoline (RFG), (2) 
Inspection and maintenance (I/M), and (3) Stage II. In addition to 
these contingency measures, the Commonwealth will consider other 
miscellaneous options. A complete description of these contingency 
measures and their trigger can be found in the TSD accompanying this 
notice. 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 nonattainment area redesignates to attainment. Such revised 
SIP will provide for maintenance for an additional ten years.

Proposed Action

    EPA proposes approval of the Commonwealth of Kentucky's request to 
redesignate to attainment the Kentucky portion of the Ashland-
Huntington moderate O3 nonattainment area and maintenance plan 
contingent upon a full and final approval of the outstanding 
requirements discussed above (emission statement and a source specific 
SIP revision requiring VOC RACT on a non-CTG major VOC source). EPA 
also proposes to approve the 1990 baseyear inventory for the Kentucky 
portion of the Ashland-Huntington nonattainment area.
    The OMB has exempted these actions from review under Executive 
Order 12866.
    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 in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: December 8, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 94-30949 Filed 12-15-94; 8:45 am]
BILLING CODE 6560-50-P