Proposed 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-069-6105; FRL-5123-2]

Proposed Approval and Promulgation of Implementation Plans and

Designation of Areas for Air Quality Planning Purposes; Commonwealth of

Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On November 12, 1993, the Commonwealth of Kentucky through the

Natural Resources and Environmental Protection Cabinet (Cabinet)

submitted a maintenance plan and a request to redesignate the Kentucky

portion of the Ashland-Huntington nonattainment area from nonattainment

to attainment for ozone (O3). The Kentucky portion of the moderate

O3 nonattainment area includes Boyd County and a portion of

Greenup County. On November 12, 1992, West Virginia requested to

redesignate their portion of the Ashland-Huntington nonattainment area

and action is being taken by Region 3 in a separate notice. Under the

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

available to warrant such changes. In this action, EPA is proposing to

approve the Commonwealth of Kentucky's submittal because it will meet

the maintenance plan and redesignation requirements. The approved

maintenance plan will become a federally enforceable part of Kentucky's

State Implementation Plan (SIP) for the moderate nonattainment area. In

this action, EPA ia also proposing to approve the Commonwealth of

Kentucky's 1990 baseline emissions inventory because it meets EPA's

requirements regarding the approval on baseline emission inventories.

DATES: To be considered, comments must be received by January 17, 1995.

ADDRESSES: Written comments on this action should be addressed to Scott

Southwick, at the EPA Regional Office listed.

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.

Commonwealth of Kentucky, Natural Resources and Environmental

Protection Cabinet, Department for Environmental Protection, Division

for Air Quality, 803 Schenkel Lane, Frankfort, Kentucky 40601.

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 extension 4207. Reference file KY-069-6105.

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)(C),

EPA designated Boyd County of the Ashland-Huntington area as

nonattainment by operation of law with respect to O3 because the

area was designated nonattainment immediately before November 15, 1990.

The nonattainment area was expanded to include portions of Greenup

County per section 107(d)(1)(A)(i) (See 56 FR 56694 (Nov. 6, 1991) and

57 FR 56762 (Nov. 30, 1992), codified at 40 CFR 81.318.) The area was

classified as moderate.

The moderate nonattainment area more recently has ambient

monitoring data that show no violations of the O3 National Ambient

Air Quality Standard (NAAQS), during the period from 1991 through 1993.

Therefore, in an effort to comply with the CAA and to ensure continued

attainment of the NAAQS, on November 12, 1993, the Commonwealth of

Kentucky submitted for parallel processing an O3 maintenance plan

and requested redesignation of the area to attainment with respect to

the O3 NAAQS and EPA found the request complete. On July 21, 1994,

the Commonwealth revised the maintenance plan to address public

comments, and EPA comments dated December 16, 1993, and May 5, 1994.

On February 7, 1994, Region 4 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 changed its policy with respect

to redesignation submittals to conform to the existing completeness

criteria. 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 (See 58 FR 38108 ``Approval and Promulgation of Maintenance

Plan and Designation of Areas for Air Quality Planning Purposes for

Carbon Monoxide, State of New York'' published July 15, 1993, and

``State Implementation Plans (SIP) Actions submitted in Response to

Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni to Air

Program Directors, Region I-X, dated October 28, 1992).

The Kentucky redesignation request for the Ashland moderate O3

nonattainment area 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 Commonwealth of Kentucky'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. Most recent

ambient air quality monitoring data for calendar year 1991 through

calendar year 1993 show an expected exceedance rate of less than 1.0

per year of the O3 NAAQS in the nonattainment area (See 40 CFR

50.9 and appendix H). The area has continued to demonstrate attainment

to date. 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

component of attainment of the O3 NAAQS. The Commonwealth of

Kentucky has also met the second component of attainment of the O3

NAAQS by committing to continue monitoring the moderate nonattainment

area in accordance with 40 CFR part 58.

2. The Area Has Met All Applicable Requirements Under Section 110

and Part D of the CAA

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 and ensures 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, the Kentucky SIP for

the moderate 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. 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 moderate nonattainment area may be redesignated to

attainment, the Commonwealth 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

Ashland-Huntington nonattainment area is classified as moderate (See 56

FR 56694, codified at 40 CFR 81.318). The Commonwealth of Kentucky

submitted the request for redesignation of the moderate nonattainment

area on November 12, 1993. 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, and is also required to meet the applicable requirements of

subpart 2 of part D, specifically sections 182(a) and (b).

a. 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 had not

determined that these requirements were applicable to classified ozone

nonattainment areas on or before November 12, 1993, the date that the

Commonwealth of Kentucky submitted a complete redesignation request for

the Kentucky portion of the Ashland-Huntington nonattainment area.

Therefore, the Commonwealth was not required to meet these requirements

for purposes of redesignation. Upon the redesignation of this 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 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 one year

after the date for promulgation of final EPA conformity regulations.

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 13498t 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 SIP

revisions containing transportation and general conformity criteria and

procedures consistent with those established in the Federal rule by

November 25, 1994 and December 1, 1994, respectively. Because the

deadlines for these submittals have 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 July 21, 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.

b. Subpart 2 of Part D--Section 182

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 Ashland-Huntington

metropolitan statistical area (MSA) was designated as moderate O3

nonattainment. Because the Ashland-Huntington area is a moderate

O3 nonattainment area, it is required to have met the requirements

of sections 182(a), (b) and (f) of the CAA. EPA has analyzed the SIP

and determined which requirements have been met and for which

requirements further action is required. In the instances where further

action is required, SIP revisions meeting those requirements must be

fully approved in order for EPA to find that all the applicable

requirements of the CAA have been met. Thus, final approval of this

redesignation is contingent upon the final approval of the additional

SIP submittals described below.

(1) Section 182(a)(1)--Emissions Inventory. Section 182(a)(1) of

the CAA required an inventory of all actual emissions from all sources,

as described in section 172(c)(3) to be submitted by November 15, 1992.

On November 13, 1992, the Cabinet submitted an emission inventory on

the Ashland-Huntington area. The Cabinet submitted revisions on October

15, 1993, and July 8, 1994, addressing EPA comments. EPA is proposing

to approve the inventory in this notice. Final approval of this

redesignation is contingent on final approval of the emissions

inventory.

(2) Section 182(a)(2), 182(b)(2)--Reasonably Available Control

Technology (RACT). Subsequent to the 1977 Clean Air Act Amendments,

Boyd county was designated as not meeting the O3 NAAQS on March 3,

1978 (43 FR 8962). The Commonwealth was subsequently required to revise

its O3 SIP for this area to meet the requirements of section

110(a)(2) and part D of the 1977 Clean Air 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). On December 31, 1987, EPA

deemed that this control strategy had not resulted in the attainment of

the NAAQS for O3 in the Ashland-Huntington area. Consequently,

Greer C. Tidwell, Region 4 Regional Administrator, sent a letter to

Wallace G. Wilkinson, Governor of Kentucky, on May 26, 1988. This

letter, pursuant to section 110(a)(2)(H) of the 1977 CAA, notified

Kentucky that the SIP was substantially inadequate to achieve the NAAQS

for O3 in Ashland-Huntington and called upon the Commonwealth to

revise the SIP.

The 1990 CAA amended section 182(a)(2)(A), and Congress statutorily

adopted the requirement that O3 nonattainment areas correct their

deficient RACT rules for O3 (RACT Fix-ups). 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. Under section

182(a)(2)(A), those areas were required by May 15, 1991, to correct

RACT regulations as required under pre-amendment guidance.1 The

SIP call letters interpreted that guidance and indicated corrections

necessary for specific nonattainment areas. Ashland-Huntington was

previously subject to RACT requirements for ozone. Therefore, this area

is subject to the RACT fix-up requirement and the May 15, 1991,

deadline.

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\1\Among other things, the pre-amendment guidance consists of

the VOC RACT portions of the Post-87 policy, 52 FR 45044 (Nov. 24,

1987); the Bluebook, ``Issues Relating to VOC Regulation Cutpoints,

Deficiencies and Deviations, Clarification to Appendix D of November

24, 1987 Federal Register Notice'' (of which notice of availability

was published in the Federal Register on May 25, 1988); and the

existing Control Technology Guidelines (CTGs).

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The 1990 CAA also amended section 182(b)(2) which required RACT on

all major sources of VOCs for O3 nonattainment areas designated

moderate and above (RACT Catch-ups) by November 15, 1992. The RACT

Catch-ups provision required the state to submit a revision to the SIP

to implement RACT on: (1) each category of VOC sources in the area

covered by a CTG document issued between the enactment of the CAA and

the date of attainment; (2) all VOC sources in the area covered by any

CTG issued before the date of the CAA; and (3) all other major

stationary sources of VOCs that are located in the area.

Kentucky failed to meet the May 15, 1991, deadline date for RACT

fix-ups and EPA notified the Commonwealth on June 25, 1991, that a

finding of failure to submit had been made. This finding of failure to

submit was published on October 22, 1991 (56 FR 54554), triggering the:

(1) 18-month time clock for mandatory application of sanctions under

section 179(a); (2) the Administrator's discretionary authority to

impose sanctions under section 110(m); and (3) the 2-year time clock

for promulgation of the Federal Implementation Plan (FIP) VOC

regulations for this area as required by section 110(c)(1).

The 18-month period prior to application of mandatory sanctions

ended on April 22, 1993. Kentucky submitted SIP revisions through the

Cabinet to EPA on February 12, 1992, October 20, 1992, February 17,

1993, and March 4, 1993, all prior to the April 22, 1993, deadline.

Because the revisions addressed all RACT Fix-up deficiencies and were

found to contain all required administrative and technical components,

the 18-month time clock for mandatory application of sanctions under

section 179(a) was stopped. A Federal Register approving the SIP

revision submitted on February 12, 1992, was published on October 22,

1993 (58 FR 54516). A Federal Register approving the SIP revisions

submitted on October 20, 1992, February 17, 1993, and March 4, 1993,

was published on June 23, 1994 (59 FR 32343).

The February 12, 1992, October 20, 1992, February 17, 1993, and

March 4, 1993, submittals also addressed all of the RACT Catch-up

requirements except the requirement of RACT on all other major

stationary sources of VOC that are located in the area, i.e., all

sources that are not covered by a CTG. There is one source in the

Ashland-Huntington area that is not covered by a CTG. This source will

be subject to a source specific SIP revision requiring VOC RACT. Action

on this SIP revision will be under a separate notice on or before final

action is taken on this redesignation request. The approval of this

redesignation request is contingent upon the approval of this source

specific SIP revision.

(3) Section 182(a)(3)--Emissions Statements. Section 182(a)(3) of

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.

On January 15, 1993, the Cabinet submitted an emission statement rule.

The Cabinet will submit revisions to the emission statement rule to

address EPA comments. Action on this SIP revision will be under a

separate notice on or before final action is taken on this

redesignation request. Final approval of this redesignation is

contingent on final approval of the emissions statement rule.

(4) Section 182(b)(1)--15% Progress Plans. Section 182(b)(1) of the

CAA required states to submit a revision to the SIP by November 15,

1993, to provide for VOC emission reductions by November 15, 1996, of

at least 15% from baseline emissions accounting for any growth in

emissions after the date of enactment of the CAA. The Commonwealth

failed to submit the required revisions and as a result, on April 1,

1994, EPA issued a finding letter notifying Kentucky of a finding of

failure to submit. This finding of failure to submit triggered the: (1)

18-month time clock for mandatory application of sanctions under

section 179(a); (2) the Administrator's discretionary authority to

impose sanctions under section 110(m); and (3) the 2-year time clock

for promulgation of the FIP 15% regulations for this area as required

by section 110(c)(1). However, the letter acknowledges the submittal of

this redesignation request to attainment and stated that if the

redesignation request to attainment is approved then requirements for a

15% plan SIP will be unnecessary for the Ashland-Huntington area.

Therefore, upon approval of this redesignation request, the sanctions

clock will stop. As the requirement to submit a 15% plan did not come

due until November 15, 1993, the 15% plan requirement is not an

applicable requirement for purposes of the evaluation of this

redesignation request.

(5) Section 182(b)(3)--Stage II. Section 182(b)(3) of the CAA

required moderate areas to implement Stage II gasoline vapor recovery

systems unless and until EPA promulgated onboard vapor recovery (OBVR)

regulations. On January 24, 1994, EPA promulgated the OBVR rule, and,

as section 202(a)(b) of the CAA provides that once the rule is

promulgated, moderate areas are no longer required to implement Stage

II. Thus, the Stage II vapor recovery requirement of section 182(b)(3)

is no longer an applicable requirement.

(6) Section 182(b)(4)--Motor Vehicle Inspection and Maintenance (I/

M). The CAA required all moderate and above areas to revise the SIP to

include provisions necessary to provide for a vehicle inspection and

maintenance program. The Commonwealth failed to submit the required

revisions and as a result, on April 1, 1994, EPA issued a finding

letter notifying Kentucky of a finding of failure to submit. This

finding of failure to submit triggered the: (1) 18-month time clock for

mandatory application of sanctions under section 179(a); (2) the

Administrator's discretionary authority to impose sanctions under

section 110(m); and (3) the 2-year time clock for promulgation of the

FIP I/M regulations for this area as required by section 110(c)(1).

However, the letter acknowledges the submittal of this redesignation

request to attainment and stated that if the redesignation request to

attainment is approved then requirements for an I/M SIP will be

necessary for the Ashland-Huntington area only as a contingency

measure. Therefore, when this redesignation request is approved, the

sanctions clock will stop and the program will be a contingency measure

in the maintenance plan.

(7) Section 182(b)(5)--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. The Cabinet submitted a NSR

rule on February 17, 1993, to incorporate VOC and NOX permit

review requirements for new and modified sources in Kentucky's O3

nonattainment areas. The revised permit requirements meet new offset

ratios and additional provisions for moderate O3 nonattainment

areas. This rule was approved by EPA on June 23, 1994 (59 FR 32343).

(EPA notes that under the policy announced in the memorandum, ``Part D

New Source Review (part D NSR) Requirements for Areas Requesting

Redesignation to Attainment'', dated October 14, 1994, from Mary D.

Nichols to Air Division Directors I-X, approval of the NSR submittal is

not necessarily required for approval of a redesignation.)

(8) Section 182(f)--Oxides of Nitrogen (NOX) requirements.

Section 182(f) of the CAA requires states with areas designated

nonattainment for O3 and classified as moderate and above to

impose the same control requirements for major stationary sources of

NOX as apply to major stationary sources of volatile organic

compounds (VOCs). These control requirements, NOX RACT and

NOX NSR, were to be submitted to EPA in a SIP revision by November

15, 1992. EPA adopted a policy pursuant to section 110(k)(4) of the CAA

to conditionally approve NOX RACT SIPs which committed to provide

EPA with specific enforceable measures within one year of the date of

approval of the commitment. EPA's committal SIP policy was challenged

in Natural Resources Defense Council v. Browner--in the United States

Court of Appeals for the District of Columbia Circuit. In a full

Opinion, dated May 6, 1994, the Court found that EPA's conditional

approval interpretation exceeded the EPA's statutory authority, but

concluded that ``EPA properly extended'' to November 15, 1993, the

deadline for submittal of fully enforceable NOX RACT SIPs. As a

result of this court case, the deadline to submit NOX RACT rules

was November 15, 1993. Therefore, because that date is after the

Commonwealth submitted the redesignation request, NOX RACT is not

an applicable requirement for this redesignation request.

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 will have a fully approved O3 SIP under

section 110(k) for the moderate nonattainment area when EPA approves

SIP submissions regarding the emissions inventory, VOC RACT for

stationary sources not covered by a CTG, and emission statements. Final

action will be taken prior to or at the same time as final approval of

this redesignation.

4. The Air Quality Improvement Must Be Permanent and Enforceable

Several control measures have come into place since the Ashland-

Huntington nonattainment area violated the O3 NAAQS. Of these

control measures, the reduction of fuel volatility from 10.5 psi in

1988 to 9.0 psi in 1992, as measured by the Reid Vapor Pressure (RVP),

and fleet turnover due to the Federal Motor Vehicle Control Program

(FMVCP) produced the most significant decreases in VOC emissions. The

table below lists the actual enforceable emission reductions which are

responsible for the recent air quality improvement in the Kentucky

portion of the nonattainment area. The VOC emissions in the base year

are not artificially low due to a depressed economy. The technical

support document (TSD) contains additional information on these

reductions.

Reductions in VOC and NOX Emissions From 1990 to 1993

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

NOX

VOC (tpd) (tpd)

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3.88........................................................... 0.28

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

Section 175A of the CAA

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

plan for areas seeking redesignation from nonattainment to attainment.

The plan 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 proposing approval of the Commonwealth of

Kentucky's maintenance plan for the Ashland-Huntington 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 from the

Ashland-Huntington nonattainment area. The inventory included biogenic,

area, stationary, and mobile sources using 1990 as the base year for

calculations to demonstrate maintenance. The 1990 inventory was

projected to a 1993 attainment inventory using population growth rates.

The 1993 inventory can serve as an attainment inventory because the

O3 NAAQS was not violated during the 1993 year. The CO and the

biogenic VOC values are included as a part of the 1990 base year

emission inventory.

The Commonwealth of Kentucky submittal contains the detailed

inventory data and summaries by county and source category. Finally,

this inventory was prepared in accordance with EPA guidance. A summary

of the base year and projected maintenance year inventories are

included in this notice for VOCs and NOX. Refer to the TSD

accompanying this notice for more in-depth details regarding the base

year inventory for the Ashland-Huntington nonattainment area. This

notice proposes approval of the base year inventory for the Ashland-

Huntington area.

CO Emission Inventory Summary for 1990

[Tons per day]

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

Point Area Mobile Non-Road Total

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Emissions for 1990.................................. 133.03 2.41 59.90 14.42 209.76

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Biogenic Emission Inventory Summary for 1990

[Tons per day]

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

Biogenic

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

Emissions for 1990............................................ 23.60

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B. Demonstration of Maintenance--Projected Inventories

As summarized in the following tables, totals for VOC, and NOX

emissions were projected from the 1990 base year, to the 1993

attainment year and out to 2005. These projected inventories were

prepared in accordance with EPA guidance. Refer to EPA's TSD

accompanying this notice for more in-depth details regarding the

projected inventory for the Ashland-Huntington nonattainment area.

Kentucky Portion of the Ashland-Huntington VOC Projection Inventory Summary

[Tons per day]

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

1993

1990 base attain 1996 proj 1999 proj 2002 proj 2005 proj

base

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Point....................................... 34.81 33.79 34.12 34.10 34.10 34.10

Area........................................ 3.8 3.9 3.68 4.09 4.12 4.20

Mobile...................................... 12.43 8.60 8.55 9.40 7.95 7.86

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Total................................. 51.04 46.29 46.35 47.60 46.17 46.16

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Kentucky Portion of the Ashland-Huntington NOX Projection Inventory Summary

[Tons per day]

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

1993

1990 base attain 1996 proj 1999 proj 2002 proj 2005 proj

base

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

Point......................................... 25.71 25.59 25.77 25.78 25.78 25.79

Area.......................................... 0.18 0.18 0.18 0.18 0.18 0.17

Mobile........................................ 7.71 7.40 7.51 7.82 7.13 7.11

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Total................................... 33.60 33.17 33.46 33.78 33.09 33.08

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Projections indicate that there was an emissions decrease in VOCs

and NOX in the nonattainment area from the 1993 attainment

baseyear to 2005. However, the projections show a temporary increase in

NOX emissions of less than 2%. EPA believes this increase to be

insignificant, and therefore, EPA believes that these emissions

projections demonstrate that the nonattainment area will continue to

maintain the O3 NAAQS.

C. Verification of Continued Attainment

Continued attainment of the O3 NAAQS in the nonattainment area

depends, in part, on the Commonwealth of Kentucky's efforts toward

tracking indicators of continued attainment during the maintenance

period. The Cabinet will develop periodic emission inventories every

three years beginning in 1996 and will evaluate these periodic

inventories to see if they exceed the baseline emission inventory by

more than 10%. If a 10% exceedance occurs, the state will evaluate

existing control measures to see if any further emission reduction

measures should be implemented.

The Commonwealth of Kentucky's contingency plan can also be

triggered by an air quality exceedance. If an exceedance occurs, the

Commonwealth will evaluate existing control measures to see if any

further emission reduction measures should be implemented. The

Commonwealth of Kentucky contingency plan will be triggered in the

event of a monitored violation of the ozone standard. The Commonwealth

then commits to adopt within a six months, one or more of the

contingency measures listed in the contingency plan. The Commonwealth

has also committed to operate the air monitoring network in accordance

to 40 CFR 58 with no reductions in the existing network. Refer to the

TSD accompanying this notice 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 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 the following possible contingency

measures: (1) Petition EPA to opt into reformulated gasoline (RFG), (2)

Inspection and maintenance (I/M), and (3) Stage II. In addition to

these contingency measures, the Commonwealth will consider other

miscellaneous options. A complete description of these contingency

measures and their trigger can be found in the TSD accompanying this

notice. 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 nonattainment area redesignates to attainment. Such revised

SIP will provide for maintenance for an additional ten years.

Proposed Action

EPA proposes approval of the Commonwealth of Kentucky's request to

redesignate to attainment the Kentucky portion of the Ashland-

Huntington moderate O3 nonattainment area and maintenance plan

contingent upon a full and final approval of the outstanding

requirements discussed above (emission statement and a source specific

SIP revision requiring VOC RACT on a non-CTG major VOC source). EPA

also proposes to approve the 1990 baseyear inventory for the Kentucky

portion of the Ashland-Huntington nonattainment area.

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 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 in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting and recordkeeping requirements,

Sulfur oxides.

Dated: December 8, 1994.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 94-30949 Filed 12-15-94; 8:45 am]

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