[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
------------------------------------------------------------------------
Lexington..................................    86.31    63.79     22.52 
------------------------------------------------------------------------

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]                                                 
----------------------------------------------------------------------------------------------------------------
                                                                                                  Non-          
                                                                      Point     Area    Mobile    road    Total 
----------------------------------------------------------------------------------------------------------------
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 
------------------------------------------------------------------------

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]                                                 
----------------------------------------------------------------------------------------------------------------
                                                                   1990    1993    1996    1999    2002    2004 
----------------------------------------------------------------------------------------------------------------
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]                                                 
----------------------------------------------------------------------------------------------------------------
                                                                   1990    1993    1996    1999    2002    2004 
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------


                                                                                                                

[[Page 47093]]
                 VOC and NOX Projected Emissions Changes                
------------------------------------------------------------------------
                                                          VOCs     NOX  
------------------------------------------------------------------------
Lexington.............................................    9.20%    0.98%
------------------------------------------------------------------------


    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