[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Proposed Rules]
[Pages 16737-16739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9464]



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[[Page 16738]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[KY81-1-6855; FRL-5459-6]


Approval and Promulgation of Air Quality Implementation Plans; 
The Commonwealth of Kentucky--Proposed Disapproval of the Request To 
Redesignate the Kentucky Portion of the Cincinnati-Northern Kentucky 
Moderate Ozone Nonattainment Area to Attainment and the Associated 
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to disapprove the Commonwealth of Kentucky 
Natural Resources and Environmental Protection Cabinet's (Cabinet) 
request to redesignate the Kentucky portion of the Cincinnati-Northern 
Kentucky moderate ozone nonattainment area to attainment and the 
associated maintenance plan as a revision to the state implementation 
plan (SIP). The EPA determined that the area registered a violation of 
the ozone national ambient air quality standard (NAAQS). As a result, 
the Northern Kentucky area no longer meets the statutory criteria for 
redesignation to attainment of the ozone NAAQS.

DATES: Comments on this proposed action must be received in writing by 
May 17, 1996.

ADDRESSES: Written comments on this action should be addressed to Kay 
Prince at the Environmental Protection Agency, Region 4, Air Programs 
Branch, 345 Courtland Street, NE, Atlanta, Georgia 30365.
    Copies of 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. Reference file KY-81-1-6855. The Region 
4 office may have additional background documents not available at the 
other locations.

Environmental Protection Agency, Region 4, Air Programs Branch, 345 
Courtland Street, NE, Atlanta, Georgia 30365. Kay Prince, (404) 347-
3555 extension 4221.
Division of Air Quality, Department for Environmental Protection, 
Natural Resources and Environmental Protection Cabinet, 803 Schenkel 
Lane, Frankfort, Kentucky 40601 (502) 573-3382.

FOR FURTHER INFORMATION CONTACT: Kay Prince at (404) 347-3555 extension 
4221.

SUPPLEMENTARY INFORMATION: On November 11, 1994, the Cabinet submitted 
a request to EPA to redesignate the Kentucky portion of the Cincinnati-
Northern Kentucky moderate interstate ozone nonattainment area from 
nonattainment to attainment. On that date, the Cabinet also submitted a 
maintenance plan for the area as a revision to the Kentucky SIP.
    According to section 107(d)(3)(E) of the Clean Air Act (CAA), 42 
U.S.C. 7407(d)(3)(E), redesignation requests must meet five specific 
criteria in order for EPA to redesignate an area from nonattainment to 
attainment:
    1. The Administrator determines that the area has attained the 
ozone NAAQS;
    2. The Administrator has fully approved the applicable 
implementation plan for the area under section 110(k);
    3. The Administrator determines that the improvement in air quality 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the applicable implementation plan and 
applicable Federal air pollution control regulations and other 
permanent and enforceable reductions;
    4. The Administrator has fully approved a maintenance plan for the 
area as meeting the requirements of section 175A; and
    5. The State containing such area has met all requirements 
applicable to the area under section 110 and part D.
    The Northern Kentucky area appeared to have attained the NAAQS, 
based on air quality data monitored from 1992 through 1994. The 
Cabinet's November 11, 1994, request for redesignation and its 
submittal of a maintenance plan SIP revision for the Northern Kentucky 
area were evaluated by EPA and determined to have satisfied the five 
criteria listed above. However, after review of the 1995 ambient air 
quality data, EPA determined that the area registered a violation of 
the ozone NAAQS. The ambient data has been quality assured according to 
established procedures for validating such monitoring data. The Cabinet 
does not contest that the area violated the NAAQS for ozone during the 
1995 ozone season. As a result, the Northern Kentucky area no longer 
meets the statutory criteria for redesignation to attainment of the 
ozone NAAQS found in section 107(d)(3)(E)(i) of the CAA.
    The maintenance plan SIP revision is not approvable because its 
demonstration is based on a level of ozone precursor emissions in the 
ambient air thought to represent an inventory of emissions that would 
provide for attainment and maintenance. That underlying basis of the 
maintenance plan's demonstration is no longer valid due to the 
violation of the NAAQS that occurred during the 1995 ozone season.

Proposed Action

    EPA is proposing to disapprove the Commonwealth's November 11, 1994 
redesignation request and maintenance plan SIP revision.
    EPA is soliciting public comments on this notice and on issues 
relevant to EPA's proposed action. Comments will be considered before 
taking final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to the person 
listed in the ADDRESSES section.
    The agency has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the CAA. The Agency 
has determined that this action does not conform with the statute as 
amended and should be disapproved.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    EPA's denial of the State's redesignation request under section 
107(d)(3)(E) does not affect any existing requirements applicable to 
small

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entities nor does it impose new requirements. The area retains its 
current designation status and will continue to be subject to the same 
statutory requirements. To the extent that the area must adopt 
regulations, based on its nonattainment status, EPA will review the 
effect of those actions on small entities at the time the state submits 
those regulations. Therefore, I certify that denial of the 
redesignation request will not affect a substantial number of small 
entities.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and record keeping requirements, 
Sulfur oxides.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: March 25, 1996.
Phyllis Harris,
Acting Regional Administrator.
[FR Doc. 96-9464 Filed 4-16-96; 8:45 am]
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