[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33748-33753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15953]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[KY-074-1-6948; FRL-5223-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a maintenance plan and a request to 
redesignate the Kentucky portion of the Ashland-Huntington 
nonattainment area from nonattainment to attainment for ozone (O3) 
submitted on November 12, 1993, by the Commonwealth of Kentucky through 
the Natural Resources and Environmental Protection Cabinet (Cabinet). 
The Kentucky portion of the moderate O3 nonattainment area 
includes Boyd County and a portion of Greenup County. EPA is also 
approving the Commonwealth of Kentucky's 1990 baseline emissions 
inventory because it meets EPA's requirements regarding the approval on 
baseline emission inventories.

EFFECTIVE DATE: June 29, 1995.

ADDRESSES: Copies of the documents relative to this action are 
available for public inspection during normal business hours at the 
following locations. The interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.

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 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-074-1-6948.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act 
Amendments of 1990 (CAA) were 

[[Page 33749]]
enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q). Under section 107(d)(1)(C) of the CAA, 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) of the CAA (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 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, on 
November 12, 1992, West Virginia requested to redesignate their portion 
of the Ashland-Huntington nonattainment area and the request was 
approved on December 21, 1994, by Region 3 (59 FR 65719). Also, 
Kentucky, on November 12, 1993, 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 May 24, 1995, the Cabinet revised the maintenance plan to 
address public comments, and EPA comments sent to the Cabinet in 
letters 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 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 1-10, dated October 28, 1992 (Memorandum). The rationale for 
this conclusion was that the parallel processing exception to the 
completeness criteria (40 CFR 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 1-10, dated October 28, 1992).
    The Cabinet's redesignation request for the Kentucky portion of the 
Ashland/Huntington moderate O3 nonattainment area meets the five 
requirements of section 107(d)(3)(E) of the CAA 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. The ambient air 
quality monitoring data for calendar years 1991 through 1993 
demonstrates attainment of the standard. Kentucky has also committed to 
continue monitoring the moderate nonattainment area. Therefore, 
Kentucky has met this requirement.
2. The Area Has Met all Applicable Requirements Under Section 110 and 
Part D of the CAA

    EPA reviewed the Kentucky SIP and in the proposal document, EPA 
stated that except for sections 182(b)(2) and 182(f) requirements of 
the CAA, the Kentucky SIP contains all measures due under the amended 
CAA prior to or at the time the Cabinet submitted its redesignation 
request. Both sections 182(b)(2) and 182(f) requirements have now been 
met and are detailed below. For detailed information regarding 
applicable requirements other than section 182(f), refer to the 
proposed document published December 16, 1994 (59 FR 65000).

A. Section 182(a)(1)--Emissions Inventory

    Kentucky has met this requirement. This notice gives final approval 
of the emission inventory. For detailed information regarding this 
requirement, refer to the proposal document.

B. Section 182(a)(2), 182(b)(2)--Reasonably Available Control 
Technology (RACT)

    The proposal document stated that the Ashland-Huntington area would 
not be redesignated until the Calgon Corporation source specific SIP 
revision was approved. A document approving this source specific SIP 
revision was published on May 24, 1995, and the SIP revision became 
effective on June 16, 1995. See the proposal document for more detailed 
information. Therefore, Kentucky has met the requirement of RACT on all 
major sources of VOCs for O3 nonattainment areas designated 
moderate and above.

C. Section 182(a)(3)--Emissions Statements

    On January 15, 1993, the Cabinet submitted a revision to the SIP to 
require emission statements. EPA commented on this SIP revision. In the 
proposal document, EPA stated that revisions were needed to the 
emission statement rule before EPA would approve the rule. The Cabinet 
submitted a second and different SIP package on December 29, 1994, 
which addressed EPA comments and met the federal requirements for 
emission statements. EPA published the approval of this second SIP 
revision on May 2, 1995, which became effective on July 10, 1995. For 
more details on the requirement of emission statements see the proposal 
document. Kentucky has met the emission statement requirement.

D. Section 182(b)(1)--15% Progress Plans

    With the approval of this redesignation request, the requirement to 
submit a 15% plan is obviated because the redesignation request 
predated the requirement for a 15% plan. See proposal document for more 
detail.

E. Section 182(b)(3)--Stage II

    On January 24, 1994, EPA promulgated the on board vapor recovery 
rule (OBVR). 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 

[[Page 33750]]
longer an applicable requirement. See proposal document for more 
detail.

F. Section 182(b)(4)--Motor Vehicle Inspection and Maintenance (I/M)

    With the approval of this redesignation request, the requirement to 
submit a motor vehicle inspection and maintenance (I/M) rule is 
obviated because the redesignation request predated the requirement for 
a 15% plan. See proposal document for more detail.

G. Section 182(b)(5)--New Source Review (NSR)

    Kentucky has met this requirement. For detailed information 
regarding this requirement, refer to the proposal document.

H. Section 182(f)--Oxides of Nitrogen (NOX) Requirements

    This redesignation request predated the November 15, 1993, 
requirement for the submittal of NOX RACT rules. However, the 
Cabinet has submitted a 182(f) NOX  requirements exemption. Action 
on the exemption request will be taken in a different document. For 
detailed information regarding this requirement, refer to the proposal 
document.

3. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA

    EPA has determined that Kentucky has a fully approved O3 SIP 
under section 110(k) for the moderate nonattainment area.

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 in tons 
per day (tpd) 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.

          Reductions in VOC and NOX Emissions From 1990 to 1993         
------------------------------------------------------------------------
                         VOC (tpd)                            NOX (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.
    EPA is approving 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 carbon monoxide (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 calendar 
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 document for VOCs and NOX. This document approves 
the base year inventory for the Ashland-Huntington area.

                                  CO Emission Inventory Summary for 1990 (TPD)                                  
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                                                    Point         Area        Mobile      Non-road      Total   
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Emissions for 1990.............................       133.03         2.41        59.90        14.42       209.76
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           Biogenic Emission Inventory (TPD) Summary for 1990           
------------------------------------------------------------------------
                                                               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.

                                                                        

[[Page 33751]]
                Kentucky Portion of the Ashland-Huntington VOC Projection Inventory Summary (TPD)               
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                                                 1993 attain                                                    
                                     1990 base       base      1996 proj    1999 proj    2002 proj    2005 proj 
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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
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                Kentucky Portion of the Ashland-Huntington NOX Projection Inventory Summary (TPD)               
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                                                 1993 attain                                                    
                                     1990 base       base      1996 proj    1999 proj    2002 proj    2005 proj 
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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
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    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 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.

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 has other miscellaneous 
options to choose included in their maintenance plan. 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.

Final Action

    This document makes final, the action which proposed approval of 
the maintenance plan and request to redesignate the Kentucky portion of 
the Ashland-Huntington nonattainment area and the baseyear inventory 
for the area. The document proposing approval was published on December 
16, 1994 (59 FR 65000). EPA received no adverse comments on the 
proposed action.
    EPA finds that there is good cause for this redesignation to become 
effective immediately upon publication because a delayed effective date 
is unnecessary due to the nature of a redesignation to attainment, 
which exempts the area from certain Clean Air Act requirements that 
would otherwise apply to it. The immediate effective date for this 
redesignation is authorized under both 5 U.S.C. Sec. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule ``grants or recognizes an exemption or 
relieves a restriction'' and Sec. 553(d)(3), which allows an effective 
date less than 30 days after publication was otherwise provided by the 
agency for good cause found and published with the rule.''
    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 August 
28, 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).)
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant 

[[Page 33752]]
impact on any small entities affected. Moreover, due to the nature of 
the Federal-state relationship under the CAA, preparation of a 
regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of state action. The CAA forbids EPA to 
base its actions concerning SIPs on such grounds. Union Electric Co. v. 
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section 
7410(a)(2) and 7410(k)(3).
    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.

Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 107 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. To the extent that the rules being approved by 
this action will impose no new requirements; such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

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

    Dated: June 9, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52 of 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)(80) to read as 
follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) * * *
    (80) The maintenance plan for the Ashland-Huntington area which 
includes Boyd and a portion of Greenup Counties was submitted by the 
Commonwealth of Kentucky Natural Resources and Environmental Protection 
Cabinet on November 13 and May 24, 1995, as part of the Kentucky SIP. 
The 1990 Baseline Emission Inventory for the Ashland-Huntington area 
which includes Boyd and a portion of Greenup Counties which was 
submitted on November 13, 1992.
    (i) Incorporation by reference.
    (A) Kentucky Natural Resources and Environmental Protection Cabinet 
Request to Redesignate the Huntington/Ashland Moderate Ozone 
Nonattainment Area, Maintenance Plan, effective May 24, 1995.
    (B) Appendix F Kentucky Projected Emissions Summary: VOC, CO, and 
NOX, effective May 24, 1995.
    (C) Table 6-1 Summary of Biogenic Emissions Huntington-Ashland MSA, 
effective May 24, 1995.
    (ii) Other material.
    (A) May 24, 1995, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, USEPA Region 4.
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 ozone table is amended by removing the 
``Huntington-Ashland area'' and its entries in the first alphabetical 
list and the entry for ``Greenup County'' in the second alphabetical 
list and by adding in alphabetical order to the second listing of 
counties the entries for ``Boyd County'' and ``Greenup County'' to read 
as follows:


Sec. 81.318  Kentucky.

* * * * *

                                                 Kentucky-Ozone                                                 
----------------------------------------------------------------------------------------------------------------
                                                     Designation                             Classification     
       Designated area       -----------------------------------------------------------------------------------
                                        Date\1\                        Type               Date\1\        Type   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
Boyd County.................  June 29, 1995..............  Unclassifiable/Attainment..                          
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Greenup County..............  June 29, 1995..............  Unclassifiable/Attainment..                          

[[Page 33753]]
                                                                                                                
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\1\ This date is November 15, 1990, unless otherwise noted.                                                     


[FR Doc. 95-15953 Filed 6-28-95; 8:45 am]
BILLING CODE 6560-50-P