Control Strategy: Ozone (OINF3); Kentucky

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-84-6856; FRL-5205-2]

Control Strategy: Ozone (O3); Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve an exemption from the oxides of

nitrogen (NOX) reasonably available control technology (RACT) and

the general conformity requirements of the Clean Air Act as amended in

1990 (CAA) for the Kentucky portion of the Cincinnati moderate ozone

(O3) nonattainment area. The request for a NOX RACT exemption

was submitted on November 11, 1994, by the Commonwealth of Kentucky

through the Natural Resources and Environmental Protection Cabinet

(Cabinet). The NOX RACT exemption request is based upon the most

recent [[Page 24814]] three years of monitoring data, which demonstrate

that additional reductions of NOX would not contribute to

attainment of the National Ambient Air Quality Standards (NAAQS).

DATES: Comments on this proposed action must be received in writing by

June 9, 1995.

ADDRESSES: Written comments should be addressed to: Scott Southwick;

Stationary Source Planning Unit, Regulatory Planning and Development

Section; Air Programs Branch; Air, Pesticides, and Toxics Management

Division; U.S. Environmental Protection Agency, Region 4; 345 Courtland

Street NE., Atlanta, Georgia 30365.

A copy of the exemption request is available for inspection at the

following locations (it is recommended that you contact Scott Southwick

at (404) 347-3555 extension 4207 before visiting the Region 4 office).

United States Environmental Protection Agency; Air, Pesticides, and

Toxics Management Division, Air Programs Branch, Regulatory Planning

and Development Section; Stationary Source Planning Unit, 345 Courtland

Street NE., Atlanta, Georgia 30365.

Department for Environmental Protection Natural Resources and

Environmental Protection Cabinet, 803 Schenkel Lane Frankfort, Kentucky

40601.

FOR FURTHER INFORMATION CONTACT: Scott Southwick, Stationary Source

Planning Unit, Regulatory Planning and Development Section, Air

Programs Branch; Air Pesticides and Toxics Management Division, U.S.

Environmental Protection Agency, 345 Courtland Street NE., Atlanta,

Georgia 30365. Reference file KY-84-6856. (404) 347-3555 ext. 4207.

SUPPLEMENTARY INFORMATION: The air quality planning requirements for

the reduction of NOX emissions are set out in section 182(f) of

the CAA, which requires states with nonattainment areas of moderate and

above to require the same provisions for major stationary sources of

NOX as apply to major stationary sources of volatile organic

compounds (VOCs). One of the requirements of major sources of VOCs is

RACT. Therefore, per section 182 of the CAA, RACT is also a requirement

for major sources of NOX. However, under section 182(f)(1)(A) of

the CAA, an exemption from NOX requirements may be granted for

nonattainment areas outside an ozone transport region if additional

reductions of NOX would not contribute to attainment. The NOX

RACT exemption request is based upon the most recent three years of

monitoring data, which demonstrate that additional reductions of

NOX would not contribute to attainment of the National Ambient Air

Quality Standards (NAAQS). Additionally, if EPA grants such an

exemption, NOX general conformity will not apply as stated in

EPA's conformity rules (58 FR 63214, and 59 FR 31238).

The criteria established for the evaluation of an NOX RACT

exemption request from the section 182(f) requirements are set forth in

an EPA memorandum from John S. Seitz, Director, Office of Air Quality

Planning and Standards, dated May 27, 1994, entitled, ``Section 182(f)

Nitrogen Oxides (NOX) Exemptions--Revised Process and Criteria,''

an EPA memorandum from John S. Seitz, Director, Office of Air Quality

Planning and Standards, dated December 16, 1993, entitled, ``Guideline

for Determining the Applicability of Nitrogen Oxide Requirements Under

Section 182(f),'' dated December 16, 1993; and a EPA memorandum from

John S. Seitz, Director, Office of Air Quality Planning and Standards,

dated February 8, 1995, entitled, ``Section 182(f) Nitrogen Oxides

(NOX) Exemptions--Revised Process and Criteria.'' The February 8,

1995, memorandum referenced above decouples the section 182(f)

exemptions from NOX transport issues. In an area that did not

implement the section 182(f) NOX requirements, but did attain the

O3 standard as demonstrated by ambient air monitoring data

(consistent with 40 CFR Part 58 and recorded in the EPA's Aerometric

Information Retrieval system (AIRS)), it is clear that the additional

NOX reductions required by section 182(f) would not contribute to

attainment of the NAAQS in that area.

On November 11, 1994, the Commonwealth of Kentucky submitted to EPA

Region 4 a request to redesignate the Kentucky portion of the

Cincinnati moderate O3 nonattainment area to attainment. The

redesignation request is currently under review and will be addressed

in a separate rulemaking. On the same date the Commonwealth requested

that the Kentucky portion of the Cincinnati area be exempt from the

NOX RACT requirement in section 182(f) of the CAA. The exemption

request is based upon ambient air monitoring data from 1992, 1993, and

1994. There are eleven monitors measuring O3 concentrations in the

Cincinnati nonattainment area. EPA has reviewed the ambient air

monitoring data for the eleven monitors (consistent with the

requirements contained in 40 CFR Part 58 and recorded in AIRS)

submitted by the Commonwealth of Kentucky in support of the exemption

request.

EPA has found that one monitor in Warren County has had two

exceedances in 1994. However, EPA has determined that all monitors in

the nonattainment area have an expected exceedance rate of less than

1.1 per year. Therefore, this area is meeting the O3 NAAQS

standard in the entire Cincinnati area for the relevant three year

period. Because the Cincinnati area is meeting the O3 NAAQS, this

exemption request for the area meets the applicable requirements

contained in the EPA policy and guidance documents referenced above. On

January 17, 1995, EPA proposed approval of Ohio's request for exemption

from the NOX requirements for the Ohio portion of this

nonattainment area (60 FR 3361).

Upon the redesignation of this area to attainment for O3,

NOX RACT would become a contingency measure within the approved

maintenance plan for the area. While the area is still designated

nonattainment, the continuation of the section 182(f) exemption granted

herein is contingent upon continued monitoring and continued

maintenance of the O3 NAAQS in the entire Cincinnati nonattainment

area. If there is a violation of the O3 NAAQS in any portion of

the Cincinnati nonattainment area, the exemption will no longer be

applicable as of the date of any such determination. Should this occur,

EPA will provide notice in the Federal Register. A determination that

the NOX exemption no longer applies would mean that NOX RACT

and NOX general conformity requirements would immediately be

applicable to the affected area. EPA believes some reasonable period of

notice is necessary to provide major stationary sources subject to the

RACT requirements time to purchase, install, and operate any required

controls. Accordingly, the Commonwealth may provide sources a

reasonable time period to meet the RACT emission limits after the EPA

determination that NOX RACT requirements are necessary. EPA

expects the time period to be as expeditious as practicable, but in no

case longer than 24 months.

Proposed Action

EPA is proposing approval of Kentucky's request to exempt the

Kentucky portion of the Cincinnati moderate O3 nonattainment area

from the section 182(f) NOX RACT requirement. In addition, EPA is

proposing to exempt Kentucky from NOX general conformity

requirements. This proposed approval is based upon the evidence

provided by Kentucky [[Page 24815]] showing compliance with the

requirements outlined in the CAA and in applicable EPA guidance. If a

violation of the O3 NAAQS occurs in any portion of the Cincinnati

area while the area is designated nonattainment, the exemption from the

NOX RACT and NOX general conformity requirements of section

182(f) of the CAA in the applicable area shall no longer apply.

This action is not a SIP revision and is not subject to the

requirements of section 110 of the CAA. The authority to approve or

disapprove exemptions from NOX requirements under section 182 of

the CAA was delegated to the Regional Administrator from the

Administrator in a memo dated July 6, 1994, from Jonathan Cannon,

Assistant Administrator, to the Administrator, titled, ``Proposed

Delegation of Authority: `Exemptions from Nitrogen Oxide Requirements

Under Clean Air Act section 182(f) and Related Provisions of the

Transportation and General Conformity Rules' Decision Memorandum.''

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. This rule approves an exemption from a CAA requirement.

Therefore, I certify that it does not have a significant impact on any

small entities affected.

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 182 of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. To the extent that the rules being proposed for

approval by this action would impose no new requirements; such sources

are already subject to these regulations under State law. Accordingly,

no additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this proposed action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

List of Subjects 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: April 24, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 95-11504 Filed 5-9-95; 8:45 am]

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