[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Rules and Regulations]
[Pages 48653-48655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23320]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[KY89-1-7168; FRL-5297-6]


Designation of Areas for Air Quality Planning Purposes; 
Commonwealth of Kentucky: Correction to the Boundary of the Kentucky 
Portion of the Louisville Moderate Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is correcting the boundaries of the Kentucky portion of 
the Louisville moderate ozone (O3) nonattainment area, pursuant to 
Section 110(k)(6) of the Clean Air Act (the Act). The boundary of the 
Louisville moderate O3 nonattainment area (nonattainment area) is 
being revised to include additional sources that contribute to 
violation of the O3 National Ambient Air Quality Standard (NAAQS).

EFFECTIVE DATE: This final rule will be effective October 5, 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.

Environmental Protection Agency, Region 4 Air Programs Branch, 345 
Courtland Street, NE, Atlanta, Georgia 30365.
Division for Air Quality, Department for Environmental Protection, 
Natural Resources and Environmental Protection Cabinet, 803 Schenkel 
Lane, Frankfort, Kentucky 40601.
Air Pollution Control District of Jefferson County, 850 Barrett Avenue, 
Suite 205, Louisville, Kentucky 40204.

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, x4207.

SUPPLEMENTARY INFORMATION: On November 6, 1991 (56 FR 56694), EPA 
designated portions of Oldham and Bullitt Counties as moderate O3 
nonattainment. Sections 107(d)(4)(A)(i) and (ii) of the 1990 Clean Air 
Act Amendments (CAAA) set out the general process by which areas were 
to be designated for O3 attainment/nonattainment immediately after 
enactment of the CAAA. Under the CAAA, preenactment O3 and carbon 
monoxide (CO) nonattainment areas were classified on the date of 
enactment according to the severity of their problem. Within 120 days 
of enactment of the CAAA, the Governor of each state was required to 
submit a list of areas within the state, designating each area as 
attainment, nonattainment, or unclassifiable (120-day letter). Within 
60 days of submitting the state lists, EPA was required to notify 
states of any potential modifications to the state's recommendations 
and encourage states to comment within 20 days to EPA's proposal. EPA 
was required to promulgate the lists, including boundary modifications, 
within 240 days of enactment.
    On March 14, 1991, the Commonwealth of Kentucky (the Cabinet) 
submitted a list of ozone nonattainment, attainment and unclassifiable 
areas and boundaries. The Cabinet proposed that Jefferson County be the 
only Kentucky county in the Louisville nonattainment area. EPA gave 60 
day notification to the Cabinet on May 13, 1991, that it intended to 
modify the proposed designation list. Pursuant to section 107(d)(1)(i) 
of the CAAA, EPA indicated that it intended to include Bullitt and 
Oldham Counties in the Louisville nonattainment area due to monitored 
violations of the NAAQS for O3 in these counties.
    On June 3, 1991, the cabinet formally disagreed with EPA's decision 
to include Bullitt and Oldham Counties in the Louisville nonattainment 
area. EPA and the Cabinet subsequently agreed to include the portions 
of Bullitt and Oldham Counties that contained the monitors that 
recorded the O3 NAAQS violations and the sources whose emissions 
contributed to the O3 NAAQS violations. Partial boundaries were 
developed and EPA published the nonattainment designation for the 
Louisville area on November 6, 1991 (FR 56 56694). Natural boundaries, 
roads, powerlines, etc., were used to detail the nonattainment area. 
When these boundaries were developed, sources on one side of the street 
or intersection were included in the nonattainment area while sources 
on the other side inadvertently were not. As a result, not all sources 
contributing to the violation of the O3 NAAQS in Louisville were 
included in the nonattainment area, and inequitable economic impacts 
have been placed upon small competing businesses. This has affected the 
well being of some small businesses and it has undermined the 
effectiveness of the plan to attain the standard in the Louisville 
nonattainment area.

Final Action

    In the Federal Register of November 6, 1991 (56 FR 56694), EPA 
issued a final rule promulgating the designations, boundaries, and 
classifications of O3 nonattainment areas (and for nonattainment 
areas for other pollutants not addressed in this action). Pursuant to 
section 110(k)(6) of the CAAA, EPA is correcting the boundary of the 
Kentucky portion of the Louisville moderate O3 nonattainment area 
to extend the nonattainment area 750 ft. outward from the center of a 
road or intersection.
    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 November 
20, 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 this action from review under Executive Order 
12866.
    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. 

[[Page 48654]]

    This correction under Section 110(k)(6) of the Act simply imposes 
previously existing requirements on a few small entities which were 
inadvertently left out of the designated nonattainment area. Therefore, 
I certify that this action does not have a significant impact on 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.
    EPA has determined that this action does include a mandate. 
However, the estimated cost is less than $100 million to State, local, 
or tribal governments in the aggregate or to the private sector.
    In accordance with CAAA sections 107(d)(2)(B) and 110(k)(6), this 
action is a final rule and is not subject to the notice and comment 
provisions of sections 553 through 557 of Title 5.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Ozone, 
Intergovernmental relations.

    Dated: September 12, 1995.
Carol M. Browner,
Administrator.

    Part 81 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

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 revising the 
entries for ``Bullitt County (part)'' and ``Oldham County (part)'' 
under the ``Louisville Area'' to read as follows:


Sec. 81.318  Kentucky.

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                                                 Kentucky-Ozone                                                 
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                                                              Designation                   Classification      
                 Designated area                 ---------------------------------------------------------------
                                                    Date\1\             Type            Date\1\        Type*    
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
Bullitt County (part): The area boundary is as    ...........  Non-attainment.......  ...........  Moderate.    
 follows: Beginning at the intersection of Ky                                                                   
 1020 and the Jefferson-Bullitt County Line                                                                     
 proceeding to the east along the county line to                                                                
 the intersection of county road 567 and the                                                                    
 Jefferson-Bullitt County Line; proceeding south                                                                
 on county road 567 to the junction with Ky 1116                                                                
 (also known as Zoneton Road); proceeding to the                                                                
 south on Ky 1116 to the junction with Hebron                                                                   
 Lane; proceeding to the south on Hebron Lane to                                                                
 Cedar Creek; proceeding south on Cedar Creek to                                                                
 the confluence of Floyds Fork turning southeast                                                                
 along a creek that meets Ky 44 at Stallings                                                                    
 Cemetery; proceeding west along Ky 44 to the                                                                   
 eastern most point in the Shepherdsville city                                                                  
 limits; proceeding south along the                                                                             
 Shepherdsville city limits to the Salt River                                                                   
 and west to a point across the river from                                                                      
 Mooney Lane; proceeding south along Mooney Lane                                                                
 to the junction of Ky 480; proceeding west on                                                                  
 Ky 480 to the junction with Ky 2237; proceeding                                                                
 south on Ky 2237 to the junction with Ky 61 and                                                                
 proceeding north on Ky 61 to the junction with                                                                 
 Ky 1494; proceeding south on Ky 1494 to the                                                                    
 junction with the perimeter of the Fort Knox                                                                   
 Military Reservation; proceeding north along                                                                   
 the military reservation perimeter to Castleman                                                                
 Branch Road; proceeding north on Castleman                                                                     
 Branch Road to Ky 44; proceeding a very short                                                                  
 distance west on Ky 44 to a junction with Ky                                                                   
 2723; proceeding north on Ky 2723 to the                                                                       
 junction of Chillicoop Road; proceeding                                                                        
 northeast on Chillicoop Road to the junction of                                                                
 KY 2673; proceeding north on KY 2673 to the                                                                    
 junction of KY 1020; proceeding north on KY                                                                    
 1020 to the beginning; unless a road or                                                                        
 intersection of two or more roads defines the                                                                  
 nonattainment boundary, the area shall extend                                                                  
 outward 750 feet from the center of the road or                                                                
 intersection.                                                                                                  
                                                                                                                
                                                                                                                

[[Page 48655]]
                                                                                                                
Jefferson County................................  ...........  Non-attainment.......  ...........  Moderate     
Oldham County (part): The area boundary is as     ...........  Non-attainment.......  ...........  Moderate.    
 follows: Beginning at the intersection of the                                                                  
 Oldham-Jefferson County Line with the                                                                          
 southbound lane of Intestate 71; proceeding to                                                                 
 the northeast along the southbound lane of                                                                     
 Interstate 71 to the intersection of Ky 329 and                                                                
 the southbound lane of Interstate 71;                                                                          
 proceeding to the northwest on Ky 329 to the                                                                   
 intersection of Zaring Road an Ky 329;                                                                         
 proceeding to the east-northeast on Zaring Road                                                                
 to the junction of Cedar Point Road and Zaring                                                                 
 Road; proceeding to the north-northeast on                                                                     
 Cedar Point Road to the junction of Ky 393 and                                                                 
 Cedar Point Road; proceeding to the south-                                                                     
 southeast on Ky 393 to the junction of (the                                                                    
 access road on the north side of Reformatory                                                                   
 Lake and the Reformatory); proceeding to the                                                                   
 east-northeast on the access road to the                                                                       
 junction with Dawkins Lane and the access road;                                                                
 proceeding to follow an electric power line                                                                    
 east-northeast across from the junction of                                                                     
 county road 746 and Dawkins Lane to the east-                                                                  
 northeast across Ky 53 on to the La Grange                                                                     
 Water Filtration Plant; proceeding on to the                                                                   
 east-southeast along the power line then south                                                                 
 across Fort Pickens Road to a power substation                                                                 
 on Ky 146; proceeding along the power line                                                                     
 south across Ky 146 and the Seaboard System                                                                    
 Railroad track to adjoin the incorporated city                                                                 
 limits of La Grange; then proceeding east then                                                                 
 south along the La Grange city limits to a                                                                     
 point abutting the north side of Ky 712;                                                                       
 proceeding east-southeast on Ky 712 to the                                                                     
 junction of Massie School Road and Ky 712;                                                                     
 proceeding to the south-southwest on Massie                                                                    
 School Road to the intersection of Massie                                                                      
 School Road and Zale Smith Road; proceeding                                                                    
 northeast on Zale Smith Road to the junction of                                                                
 KY 53 and Zale Smith Road; proceeding on Ky 53                                                                 
 to the north-northwest to the junction of New                                                                  
 Moody Lane and Ky 53; proceeding on New Moody                                                                  
 Lane to the south-southwest until meeting the                                                                  
 city limits of La Grange; then briefly                                                                         
 proceeding north following the La Grange city                                                                  
 limits to the intersection of the northbound                                                                   
 lane of Interstate 71 and the La Grange city                                                                   
 limits; proceeding southwest on the north-bound                                                                
 lane of Interstate 71 until inter-secting with                                                                 
 the North Fork of Currys Fork; proceeding south-                                                               
 southwest beyond the con-fluence of Currys Fork                                                                
 to the south-southwest beyond the confluence of                                                                
 Floyds Fork continuing on to the Oldham-                                                                       
 Jefferson County Line; proceeding northwest                                                                    
 along the Oldham-Jefferson County Line to the                                                                  
 beginning; unless a road or intersection of two                                                                
 or more roads defines the nonattainment                                                                        
 boundary, the area shall extend outward 750                                                                    
 feet from the center of the road or                                                                            
 intersection.                                                                                                  
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    (1) This date is November 15, 1990, unless otherwise noted.
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[FR Doc. 95-23320 Filed 9-19-95; 8:45 am]
BILLING CODE 6560-50-P