[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Proposed Rules]
[Pages 5881-5883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2351]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[KY-80-6666; FRL-5147-6]


Control Strategy: Ozone (O3); Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a request for an exemption 
from the oxides of nitrogen (NOx) reasonably available control 
technology (RACT) requirement of the Clean Air Act as amended in 1990 
(CAA) for the Kentucky portion of the Huntington-Ashland, moderate 
ozone O3 nonattainment area. The exemption request, submitted by 
the Commonwealth of Kentucky through [[Page 5882]] the Department of 
Environmental Protection, is based upon the most recent three years of 
ambient air monitoring data, which demonstrate that additional 
reductions of NOx would not contribute to the attainment of the 
National Ambient Air Quality Standard (NAAQS) for O3 in the area. 
The CAA requires states with designated nonattainment areas of the 
NAAQS for O3, and classified as moderate nonattainment and above, 
to adopt RACT rules for major stationary sources of NOx. The CAA 
provides further that the NOx requirements do not apply to these 
areas outside an O3 transport region if EPA determines that 
additional reductions of NOx would not contribute to attainment of 
the NAAQS for O3 in the area.
DATES: To be consideered comments must be received by March 2, 1995.

ADDRESSES: Written comments should be addressed to: Kimberly Bingham, 
Stationary Source Planning Unit, Regulatory Planning and Development 
Section, Air Programs Branch; Air, Pesticides, and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 345 Courtland 
Street NE., Atlanta, Georgia 30365.
    A copy of the exemption request is available for inspection at the 
following location (it is recommended that you contact Kimberly Bingham 
at (404) 347-3555 extension 4195 before visiting the Region 4 office):

    United States Environmental Protection Agency; Air, Pesticides, and 
Toxics Management Division, Air Programs Branch, Regulatory Planning 
and Development Section, Stationary Source Planning Unit, 345 Courtland 
Street NE., Atlanta, Georgia 30365.
    Department for Environmental Protection Natural Resources and 
Environmental Protection Cabinet, 803 Schenkel Lane, Frankfort, 
Kentucky 40601.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Stationary Sources 
Planning Unit, Regulatory Planning and Development Section; Air 
Programs Branch, Air Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, 345 Courtland Street NE., Atlanta, 
Georgia 30365.

SUPPLEMENTARY INFORMATION:
    The air quality planning requirements for the reduction of NOx 
emissions are set out in section 182(f) of the CAA. 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). Section 182(f) 
provides further that these NOx requirements do not apply to areas 
outside an O3 transport region if EPA determines that additional 
reductions of NOx would not contribute to attainment in such 
areas. In an area that did not implement the section 182(f) NOx 
requirements, but did attain the O3 standard as demonstrated by 
ambient air monitoring data (consistent with 40 CFR part 58 and 
recorded in the EPA's-Aerometric Information Retrieval system (AIRS)), 
it is clear that the additional NOx reductions required by section 
182(f) would not contribute to attainment of the NAAQS.
    The criteria established for the evaluation of an exemption request 
from the section 182(f) requirements are set forth in an EPA memorandum 
from John S. Seitz, Director, Office of Air Quality Planning and 
Standards, dated May 27, 1994, entitled ``Section 182(f) Nitrogen 
Oxides (NOx) Exemptions--Revised Process and Criteria,'' and an 
EPA guidance document entitled ``Guidelines for Determining the 
Applicability of Nitrogen Oxides Requirements Under Section 182(f),'' 
dated December 1993, from EPA, Office of Air Quality Planning and 
Standards, Air Quality Management Division.
    On November 12, 1993, the Commonwealth of Kentucky submitted to EPA 
Region 4 a request to redesignate the Kentucky portion of the 
Huntington-Ashland moderate O3 nonattainment area to attainment. 
The redesignation request is currently under review and will be 
addressed in a separate rulemaking. On August 16, 1994, the 
Commonwealth requested that the Kentucky portion of the Huntington-
Ashland area be exempt from the NOx RACT requirement in section 
182(f) of the CAA. The section 182(f) exemption also relieves the area 
of all NOx requirements of the CAA such as New Source Review, 
Conformity, and Inspection/ Maintenance. The exemption request is based 
upon ambient air monitoring data from 1991, 1992, and 1993, which 
demonstrate that the NAAQS for O3 has been attained in the area 
without additional reductions of NOx (a violation of the ozone 
NAAQS occurs when the average exceedance for any O3 monitoring 
site in a three year period is greater than 1.0).
    Only one O3 exceedance was recorded in the Huntington-Ashland 
area for the period from 1991 to 1993: Monitor 21-019-0015-0.129 ppm 
(1993). Thus, there has been no violation of the NAAQS in the area 
during this period and the area has maintained the standard through 
1994.
    EPA has reviewed the ambient air monitoring data for O3 
(consistent with the requirements contained in 40 CFR part 58 and 
recorded in AIRS) submitted by the Commonwealth of Kentucky in support 
of the exemption request and has determined that a violation of the 
O3 NAAQS has not occurred in the Huntington-Ashland, Kentucky 
portion area for the relevant three year period. Because the Kentucky 
portion of the Huntington-Ashland area is meeting the O3 NAAQS, 
this exemption request for the area meets the applicable requirements 
contained in the EPA policy and guidance documents referenced above.
    Continuation of the section 182(f) exemption granted herein is 
contingent upon continued monitoring and continued maintenance of the 
O3 NAAQS for the entire Huntington-Ashland area. If a violation of 
the O3 NAAQS is monitored in the Kentucky portion of the 
Huntington-Ashland area, EPA will provide notice in the Federal 
Register. A determination that the NOx exemption no longer applies 
would mean that the NOx RACT provision (see 58 FR 63214 and 58 FR 
62188) would immediately be applicable to the affected area. Although 
the NOx RACT requirements would be applicable, some reasonable 
period of notice is necessary to provide major stationary sources 
subject to the RACT requirements time to purchase, install, and operate 
any required controls. Accordingly, the Commonwealth may provide 
sources a reasonable time period to meet the RACT emission limits after 
the EPA determination that NOx RACT requirements are necessary. 
EPA expects the time period to be as expeditious as practicable, but in 
no case longer than 24 months.

Proposed Action

    EPA is proposing approval of Kentucky's request to exempt the 
Kentucky portion of the Huntington-Ashland area moderate O3 
nonattainment area from the section 182(f) NOx RACT requirement. 
This proposed approval is based upon the evidence provided by Kentucky 
and the Commonwealth's compliance with the requirements outlined in the 
applicable EPA guidance. If a violation of the O3 NAAQS occurs in 
the Kentucky portion of the Huntington-Ashland area, the exemption from 
the NOx RACT requirement of section 182(f) of the CAA in the 
applicable area shall no longer apply.
    This action is not a SIP revision and is not subject to the 
requirements of section 110 of the CAA. The authority to approve or 
disapprove exemptions [[Page 5883]] from NOx requirements under 
section 182 of the CAA was delegated to the Regional Administrator from 
the Administrator in a memo dated July 6, 1994, from Jonathan Cannon, 
Assistant Administrator, to the Administrator, titled, ``Proposed 
Delegation of Authority: 'Exemptions from Nitrogen Oxide Requirements 
Under Clean Air Act Section 182(f) and Related Provisions of the 
Transportation and General Conformity Rules'--Decision Memorandum.''
    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. This rule approves an exemption from a CAA requirement. 
Therefore, I certify that it does not have a significant impact on any 
small entities affected.

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: January 12, 1995.
Joe R. Franzmathes,
Acting Regional Administrator.
[FR Doc. 95-2351 Filed 1-30-95; 8:45 am]
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