[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Pages 47089-47095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22156]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[KY-069-3-6904a; FRL-5277-2]
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.
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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). Under the Clean Air
Act (CAA), designations can be changed if sufficient data are available
to warrant such changes and the redesignation request satisfies the
criteria set forth in the CAA. In this action, EPA is approving the
redesignation to attainment of the Lexington area (Fayette and Scott
counties) and the associated maintenance plan because it meets the
maintenance plan and redesignation requirements. EPA has approved the
requests to redesignate to attainment and maintenance plans for the
Owensboro, Edmonson County and Paducah areas. In this action, EPA is
also approving the 1990 base year inventory for the Lexington marginal
O3 nonattainment area.
DATES: This final rule is effective November 13, 1995 unless adverse or
critical comments are received by October 11, 1995. 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 4, 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 4
Air Programs Branch at (404) 347-3555 extension 4207 and at the above
address. Reference file KY-69-3-6904.
SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act
Amendments of 1990 (CAAA) 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 Lexington
area as nonattainment because the area 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 Lexington marginal O3 nonattainment area (nonattainment
area) more recently has 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 area and requested redesignation of the nonattainment
area 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, July 16, 1993, February 28,
1994, August 29, 1994, and June 14, 1995, the Cabinet submitted
revisions addressing public and/or EPA comments on the
[[Page 47090]]
redesignation request, maintenance plan, and projection inventory.
On May 7, 1993, 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 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
June 14, 1995, 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 area. (See 40 CFR 50.9 and appendix
H.) In addition, there were no violations reported for the 1992, 1993,
and 1994 O3 seasons and there have been no violations to date in
1995. 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 statutory
criterion of attainment of the O3 NAAQS. The Commonwealth of
Kentucky has committed to continue monitoring the nonattainment area 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 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.
B. Part D Requirements
Before the nonattainment area may be redesignated to attainment, it
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 Lexington nonattainment area was 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 area 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 area. Therefore, the Commonwealth of
Kentucky was not required to meet these requirements for purposes of
redesignation. The Lexington area currently has a fully approvable New
Source Review (NSR) program which was last revised on June 23, 1994 (59
FR 32343). Upon redesignation of the 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 48887, 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,
[[Page 47091]]
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 Commonwealth requested redesignation of the Lexington
area prior to the deadline for these submittals, 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, 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 Lexington area was
designated as marginal O3 nonattainment. Because this area is
marginal, the area 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 meet 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
Lexington area. This emission inventory is being approved in this
notice.
(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 Lexington area was not designated nonattainment prior
to 1990 and was classified as marginal O3 nonattainment pursuant
to the 1990 CAA. Therefore, this area is 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, to approve the SIP
revision submitted on February 12, 1992. Action was taken June 23,
1994, to approve 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 emissions 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 Lexington area.
(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
Lexington area.
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 area 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.
Reductions in VOC Emissions From 1988 to 1990
------------------------------------------------------------------------
VOCs (tpd)
MSA ----------------------------
1988 1990 1990-1988
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Lexington.................................. 86.31 63.79 22.52
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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
[[Page 47092]]
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 approving the Commonwealth of Kentucky's
maintenance plan for the Lexington marginal 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 for the
Lexington marginal nonattainment area. 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
Lexington area is 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.
CO Emission Inventory Summary for 1990
[Tons per day]
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Non-
Point Area Mobile road Total
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Lexington.......................................................... 0.0 3.52 265.19 57.40 326.11
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Biogenic Emission Inventory Summary for 1990
[Tons per day]
------------------------------------------------------------------------
Biogenic
------------------------------------------------------------------------
Lexington 1990 Emissions.................................. 24.1
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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. As indicated in the following
tables, increases in VOC and NOX emissions are projected in the
Lexington nonattainment area.
Lexington VOC Emission Inventory Summary
[Tons per day]
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1990 1993 1996 1999 2002 2004
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Point........................................................... 12.39 12.63 17.77 17.21 16.85 16.68
Area............................................................ 14.36 14.53 14.71 14.88 15.06 15.18
Nonroad......................................................... 11.06 11.21 11.36 11.51 11.66 11.77
Mobile.......................................................... 25.98 24.86 24.38 24.69 25.13 26.03
Total........................................................... 63.79 63.23 68.22 68.29 68.70 69.66
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Lexington NOX Emission Inventory Summary
[Tons per day]
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1990 1993 1996 1999 2002 2004
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Point........................................................... 1.98 2.01 2.03 2.05 2.07 2.09
Area............................................................ 0.34 0.34 0.35 0.35 0.36 0.36
Nonroad......................................................... 8.16 8.27 8.39 8.50 8.62 8.70
Mobile.......................................................... 22.06 21.23 20.98 20.95 20.85 21.71
Total........................................................... 32.54 31.85 31.75 31.85 31.90 32.86
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[[Page 47093]]
VOC and NOX Projected Emissions Changes
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VOCs NOX
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Lexington............................................. 9.20% 0.98%
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Because there were increases in VOC and NOX emissions,
Kentucky was required to model to demonstrate maintenance of the
O3 standard despite emissions growth. The Empirical Kinetics
Modeling Approach (EKMA) was the model used. EKMA models Nonmethane
Organic Compounds (NMOC) and NMOC data were available in 1989. For this
reason, the model was run using meteorological data from June 23, June
26, and July 18, 1989. These days correspond to the highest ozone
monitor readings for which on-site NMOC were available. The EKMA
modeling projected O3 values of 0.106 parts per million (ppm) for
June 23, 1989, .116 ppm for July 26, 1989, and .064 ppm for July 18,
1995.
The modeling indicated that the future mix of emissions produced
ozone levels below the federal O3 standard. Thus, the analysis
indicated that the Lexington area should continue to maintain the
standard throughout the maintenance period.
C. Verification of Continued Attainment
Continued attainment of the O3 NAAQS in the marginal
nonattainment areas depends, 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.
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 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 this nonattainment area
because it was designated as a marginal nonattainment area pursuant to
the CAA. 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
EPA is approving Lexington's O3 maintenance plan because it
meets the requirements of section 175A. The EPA is redesignating the
Lexington nonattainment area 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 inventory for the
Lexington nonattainment area. 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 November 13, 1995 unless, by October 11, 1995, 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 November 13, 1995.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by November
13, 1995. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2) of the Act, 42 U.S.C. 7607 (b)(2).)
The OMB has exempted 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 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.
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
[[Page 47094]]
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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
40 CFR Part 81
Air pollution control.
Dated: August 8, 1995.
R.F. McGhee,
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)(76) to read as
follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(76) The maintenance plan and for the Lexington area which include
Fayette and Scott 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, September 28, 1994 and June 14, 1995, as part of
the Kentucky SIP. The 1990 Baseline Emission Inventory for the
Lexington area which include Fayette and Scott 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 January 15, 1993.
(B) Table 6-6 Biogenic Emissions Fayette County, Kentucky. The
effective date is January 15, 1993.
(C) Table 6-7 Biogenic Emissions, Scott, Kentucky. The effective
date is January 15, 1993.
(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, U.S. EPA Region 4.
(C) January 15, 1993, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to Patrick M.
Tobin, Acting Regional Administrator, U.S. EPA 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 section 81.318, the ozone table is amended by removing the
Lexington-Fayette Area and its entries in the first alphabetical
listing and by adding in alphabetical order entries for ``Fayette
County'' and ``Scott County'' to the second listing of counties to read
as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky-Ozone
----------------------------------------------------------------------------------------------------------------
Designated area Designation Classification
----------------------------------------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
Rest of state ---------------------------------------------------------------------------
Unclassifiable/Attainment
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Fayette County...................... November 13, 1995...........
* * * * * *
*
Scott County........................ November 13, 1995...........
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
I37* * * * *
[[Page 47095]]
[FR Doc. 95-22156 Filed 9-8-95; 8:45 am]
BILLING CODE 6560-50-P