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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[KY-069-6105a; FRL-5089-4]

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.

-----------------------------------------------------------------------

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). The marginal

nonattainment areas include the following counties: Lexington (Fayette

and Scott), Owensboro (Daviess and a portion of Hancock), Paducah

(Livingston and a portion of Marshall), and Edmonson County. Under the

Clean Air Act, designations can be changed if sufficient data are

available to warrant such changes and the redesignation request

satisfies the criteria set forth in the Clean Air Act. In this action,

EPA is approving the redesignation to attainment of the Owensboro and

Edmonson County areas and the associated maintenance plans because they

meet the maintenance plan and redesignation requirements. EPA will act

on the request to redesignate to attainment the Lexington and Paducah

areas in a future document. In this action, EPA is also approving the

1990 base year inventory for the Owensboro and Edmonson County marginal

O3 nonattainment areas.

DATES: This final rule will be effective January 3, 1995 unless adverse

or critical comments are received by December 5, 1994. 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 IV, 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 IV

Air Programs Branch at (404) 347-3555 extension 4207 and at the Region

IV address.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act

Amendments of 1990 (CAA) 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 Owensboro

and Edmonson County areas as nonattainment because the areas 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 Owensboro and Edmonson County marginal O3 nonattainment

areas (nonattainment areas) more recently have 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 areas and requested

redesignation of the nonattainment areas 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, the Cabinet submitted revisions addressing public comments on

the request to redesignate the nonattainment areas to attainment. On

July 16, 1993, February 28, 1994, and August 29, 1994, the Cabinet

submitted revisions to the redesignation request, maintenance plan, and

projection inventories.

On May 7, 1993, Region IV determined that the information received

from the Cabinet constituted a complete redesignation request under the

general completeness criteria of 40 CFR part 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

January 27, 1994, 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 areas. (See 40 CFR 50.9 and

appendix H.) In addition, there were no violations reported for the

1992, 1993, and 1994 O3 seasons. Because the nonattainment areas

have complete quality-assured data showing no violations of the

standard over the most recent consecutive three calendar year period,

the areas have met the first statutory criterion of attainment of the

O3 NAAQS. The Commonwealth of Kentucky has committed to continue

monitoring in the nonattainment areas 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 areas 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. EPA has analyzed the SIP and determined that it

is consistent with the requirements of amended section 110(a)(2).

B. Part D Requirements

Before the nonattainment areas may be redesignated to attainment,

they 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 Owensboro and Edmonson County nonattainment

areas were 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 areas 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 areas. Therefore, the Commonwealth of

Kentucky was not required to meet these requirements for purposes of

redesignation. The Owensboro and Edmonson County areas currently have a

fully approvable New Source Review (NSR) program which was last revised

on June 23, 1994 (59 FR 32343). Upon redesignation of these areas 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 488887, 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, 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 deadline for these submittals has not yet come due,

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, Public Law 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 Owensboro and Edmonson

County metropolitan statistical areas (MSA) were designated as marginal

O3 nonattainment. Because these areas are marginal, the areas 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 met 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

Owensboro and Edmonson County area.

(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 Owensboro and Edmonson County areas were not

designated nonattainment prior to 1990 and were classified as marginal

O3 nonattainment pursuant to the 1990 CAA. Therefore, these areas

are 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, on the SIP revision submitted on February 12, 1992.

Action was taken June 23, 1994, on 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 emission 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 Owensboro and Edmonson County

areas.

(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

Owensboro and Edmonson County areas.

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 areas 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. The technical support documents (TSD) contain

additional information on these reductions.

Reductions in VOC Emissions From 1988 to 1990

------------------------------------------------------------------------

VOCs (tpd)

MSA ----------------------------

1988 1990 1988-1990

------------------------------------------------------------------------

Owensboro.................................. 35.01 31.26 3.75

Edmonson Co................................ 3.05 1.88 1.17

------------------------------------------------------------------------

5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to

Section 175A of the CAA

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

or 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 Owensboro and Edmonson County marginal

nonattainment areas 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 from the

marginal nonattainment areas. 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

Owensboro and Edmonson County areas are 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. Refer to the TSD for more in-depth

details regarding the base year inventory for the marginal

nonattainment areas.

CO Emission Inventory Summary for 1990

[Tons per day]

------------------------------------------------------------------------

Non-

Point Area Mobile Road Total

------------------------------------------------------------------------

Owensboro................. 39.69 2.49 39.60 21.05 99.83

Edmonson Co............... 0.0 0.68 4.48 2.37 7.53

------------------------------------------------------------------------

Biogenic Emission Inventory Summary for 1990

[Tons per day]

------------------------------------------------------------------------

Biogenic

------------------------------------------------------------------------

Owensboro 1990 Emissions................................... 52.6

Edmonson Co. 1990 Emissions................................ 29.3

------------------------------------------------------------------------

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. Refer to EPA's TSD for more

in-depth details regarding the projected inventory for the

nonattainment areas.

Owensboro VOC Emission Inventory Summary

[Tons per day]

------------------------------------------------------------------------

1990 1993 1996 1999 2002 2004

------------------------------------------------------------------------

Point................... 16.52 16.43 16.34 16.25 16.17 16.11

Area.................... 5.37 5.33 5.30 5.27 5.23 5.21

Mobile.................. 9.37 8.84 8.22 8.53 8.38 8.29

-----------------------------------------------

Total............. 31.26 30.61 30.36 30.06 29.78 29.60

------------------------------------------------------------------------

Owensboro NOX Emission Inventory Summary

[Tons per day]

------------------------------------------------------------------------

1990 1993 1996 1999 2002 2004

------------------------------------------------------------------------

Point................... 82.05 81.82 81.58 81.34 81.11 80.96

Area.................... 0.22 0.22 0.22 0.22 0.21 0.21

Mobile.................. 8.27 7.50 7.08 6.88 6.66 6.62

-----------------------------------------------

Total............. 90.54 89.54 88.88 88.45 87.99 87.78

------------------------------------------------------------------------

Edmonson County VOC Emission Inventory Summary

[Tons per day]

------------------------------------------------------------------------

1990 1993 1996 1999 2002 2004

------------------------------------------------------------------------

Point................... 0.00 0.00 0.00 0.00 0.00 0.00

Area.................... 0.74 0.76 0.77 0.79 0.80 0.82

Mobile.................. 1.14 1.16 1.12 1.05 1.08 1.10

-----------------------------------------------

Total............. 1.88 1.92 1.89 1.84 1.88 1.92

------------------------------------------------------------------------

Edmonson NOX Emission Inventory Summary

[Tons per day]

------------------------------------------------------------------------

1990 1993 1996 1999 2002 2004

------------------------------------------------------------------------

Point................... 0.00 0.00 0.00 0.00 0.00 0.00

Area.................... 0.04 0.04 0.04 0.04 0.04 0.04

Mobile.................. 1.14 1.02 1.03 0.92 0.93 0.95

-----------------------------------------------

Total............. 1.18 1.06 1.07 0.96 0.98 0.99

------------------------------------------------------------------------

As indicated in the following table, an emissions decrease in VOCs

and NOX in the Owensboro nonattainment area and an emissions

decrease in NOX in the Edmonson County nonattainment area are

projected throughout the maintenance period. There is an increase in

VOC emissions in the Edmonson County nonattainment area. However, the

emissions increase of 0.04 tpd is not expected to affect maintenance of

the O3 NAAQS in this rural area. EPA believes that these emissions

projections demonstrate that the nonattainment areas will continue to

maintain the O3 NAAQS.

VOC and NOX Projected Emissions Changes

------------------------------------------------------------------------

VOCs NOX

(percent) (percent)

------------------------------------------------------------------------

Owensboro......................................... -5.31 -3.04

Edmonson Co....................................... 3.17 -15.76

------------------------------------------------------------------------

C. Verification of Continued Attainment

Continued attainment of the O3 NAAQS in the marginal

nonattainment areas depend, 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. Refer to the TSD for a more complete discussion of the

indicators the Commonwealth is tracking and the contingency measures.

D. Contingency Plan

The level of VOC and NOX emissions in the nonattainment areas

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 these nonattainment areas

because they were designated marginal nonattainment pursuant to the

CAA. A complete description of this contingency measure and its trigger

can be found in the TSD. 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

In this final action, EPA is approving the nonattainment areas'

O3 maintenance plan because it meets the requirements of section

175A. The EPA is redesignating the Owensboro and Edmonson County

nonattainment areas 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 inventories for the Owensboro and Edmonson

County nonattainment areas. 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 January 3, 1995 unless, by December 5, 1994, 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 January 3, 1995.

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 January 3, 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).)

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael Shapiro, Acting Assistant Administrator for Air

and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Tables 2 and 3 SIP revisions from the requirements of

section 3 of Executive Order 12291 for 2 years. The EPA has submitted a

request for a permanent waiver for Table 2 and Table 3 SIP revisions.

The OMB has agreed to continue the waiver until such time as it rules

on EPA's request. This request continues in effect under Executive

Order 12866 which superseded Executive Order 12291 on September 30,

1993.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any state implementation plan. Each request for revision to the state

implementation plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA does not impose any new requirements on small entities.

Redesignation is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources. The

Administrator certifies that the approval of the redesignation request

will not affect a substantial number of small entities.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone.

40 CFR Part 81

Air pollution control, Hydrocarbons, Carbon monoxide, Nitrogen

oxides, National parks, Wilderness areas.

Dated: September 20, 1994.

Patrick M. Tobin,

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)(70) to read as

follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(70) The maintenance plan for the Owensboro and Edmonson County

Areas which include Daviess, a portion of Hancock, and Edmonson

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, as part of the Kentucky SIP. The 1990 Baseline Emission Inventory

for the Owensboro and Edmonson County areas which include Daviess, a

portion of Hancock, and Edmonson 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 December 28, 1992.

(B) Attachment A--Demonstration of Permanent and Enforceable

Reductions and Calculations of Interim Year Emission Projections. The

effective date is August 26, 1994.

(C) Attachment B--VOC Emissions Summary for Kentucky's Marginal

Ozone Nonattainment Areas. The effective date is August 26, 1994.

(D) Attachment C--CO Emissions Summary for Kentucky's Marginal

Ozone Nonattainment Areas. The effective date is August 26, 1994.

(E) Attachment D--NOX Emissions Summary for Kentucky's

Marginal Ozone Nonattainment Areas. The effective date is August 26,

1994.

(F) Table 6-12 Biogenic Emissions Hancock County, Kentucky. The

effective date is December 28, 1992.

(G) Table 6-11 Biogenic Emissions Daviess County, Kentucky. The

effective date is December 28, 1992.

(H) Table 6-1. Biogenic Emissions Edmonson County, Kentucky. The

effective date is December 28, 1992.

(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, USEPA Region IV.

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

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

2. In Sec. 81.318 the Kentucky-Ozone table is amended by revising

the entries for ``Edmonson County'', ``Daviess County'', and ``Hancock

County'' to read as follows:

Sec. 81.318 Kentucky.

* * * * *

Kentucky--Ozone

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area ----------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * * *

Edmonson County.................... 1/3/95 Unclassifiable/Attainment...........

* * * * * * *

Daviess County..................... 1/3/95 Unclassifiable/Attainment...........

* * * * * * *

Hancock County..................... 1/3/95 Unclassifiable/Attainment...........

* * * * * * *

----------------------------------------------------------------------------------------------------------------

\1\This date is November 15, 1990, unless otherwise noted.

[FR Doc. 94-27071 Filed 11-2-94; 8:45 am]

BILLING CODE 6560-50-P