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-074-1-6948; FRL-5223-5]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; Commonwealth of Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a maintenance plan and a request to

redesignate the Kentucky portion of the Ashland-Huntington

nonattainment area from nonattainment to attainment for ozone (O3)

submitted on November 12, 1993, by the Commonwealth of Kentucky through

the Natural Resources and Environmental Protection Cabinet (Cabinet).

The Kentucky portion of the moderate O3 nonattainment area

includes Boyd County and a portion of Greenup County. EPA is also

approving the Commonwealth of Kentucky's 1990 baseline emissions

inventory because it meets EPA's requirements regarding the approval on

baseline emission inventories.

EFFECTIVE DATE: June 29, 1995.

ADDRESSES: Copies of the documents relative to this action are

available for public inspection during normal business hours at the

following locations. The interested persons wanting to examine these

documents should make an appointment with the appropriate office at

least 24 hours before the visiting day.

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 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-074-1-6948.

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

Amendments of 1990 (CAA) were

[[Page 33749]]

enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-

7671q). Under section 107(d)(1)(C) of the CAA, 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) of the CAA (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 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, on

November 12, 1992, West Virginia requested to redesignate their portion

of the Ashland-Huntington nonattainment area and the request was

approved on December 21, 1994, by Region 3 (59 FR 65719). Also,

Kentucky, on November 12, 1993, 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 May 24, 1995, the Cabinet revised the maintenance plan to

address public comments, and EPA comments sent to the Cabinet in

letters 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 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 1-10, dated October 28, 1992 (Memorandum). The rationale for

this conclusion was that the parallel processing exception to the

completeness criteria (40 CFR 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 1-10, dated October 28, 1992).

The Cabinet's redesignation request for the Kentucky portion of the

Ashland/Huntington moderate O3 nonattainment area meets the five

requirements of section 107(d)(3)(E) of the CAA 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. The ambient air

quality monitoring data for calendar years 1991 through 1993

demonstrates attainment of the standard. Kentucky has also committed to

continue monitoring the moderate nonattainment area. Therefore,

Kentucky has met this requirement.

2. The Area Has Met all Applicable Requirements Under Section 110 and

Part D of the CAA

EPA reviewed the Kentucky SIP and in the proposal document, EPA

stated that except for sections 182(b)(2) and 182(f) requirements of

the CAA, the Kentucky SIP contains all measures due under the amended

CAA prior to or at the time the Cabinet submitted its redesignation

request. Both sections 182(b)(2) and 182(f) requirements have now been

met and are detailed below. For detailed information regarding

applicable requirements other than section 182(f), refer to the

proposed document published December 16, 1994 (59 FR 65000).

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

Kentucky has met this requirement. This notice gives final approval

of the emission inventory. For detailed information regarding this

requirement, refer to the proposal document.

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

Technology (RACT)

The proposal document stated that the Ashland-Huntington area would

not be redesignated until the Calgon Corporation source specific SIP

revision was approved. A document approving this source specific SIP

revision was published on May 24, 1995, and the SIP revision became

effective on June 16, 1995. See the proposal document for more detailed

information. Therefore, Kentucky has met the requirement of RACT on all

major sources of VOCs for O3 nonattainment areas designated

moderate and above.

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

On January 15, 1993, the Cabinet submitted a revision to the SIP to

require emission statements. EPA commented on this SIP revision. In the

proposal document, EPA stated that revisions were needed to the

emission statement rule before EPA would approve the rule. The Cabinet

submitted a second and different SIP package on December 29, 1994,

which addressed EPA comments and met the federal requirements for

emission statements. EPA published the approval of this second SIP

revision on May 2, 1995, which became effective on July 10, 1995. For

more details on the requirement of emission statements see the proposal

document. Kentucky has met the emission statement requirement.

D. Section 182(b)(1)--15% Progress Plans

With the approval of this redesignation request, the requirement to

submit a 15% plan is obviated because the redesignation request

predated the requirement for a 15% plan. See proposal document for more

detail.

E. Section 182(b)(3)--Stage II

On January 24, 1994, EPA promulgated the on board vapor recovery

rule (OBVR). 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

[[Page 33750]]

longer an applicable requirement. See proposal document for more

detail.

F. Section 182(b)(4)--Motor Vehicle Inspection and Maintenance (I/M)

With the approval of this redesignation request, the requirement to

submit a motor vehicle inspection and maintenance (I/M) rule is

obviated because the redesignation request predated the requirement for

a 15% plan. See proposal document for more detail.

G. Section 182(b)(5)--New Source Review (NSR)

Kentucky has met this requirement. For detailed information

regarding this requirement, refer to the proposal document.

H. Section 182(f)--Oxides of Nitrogen (NOX) Requirements

This redesignation request predated the November 15, 1993,

requirement for the submittal of NOX RACT rules. However, the

Cabinet has submitted a 182(f) NOX requirements exemption. Action

on the exemption request will be taken in a different document. For

detailed information regarding this requirement, refer to the proposal

document.

3. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA

EPA has determined that Kentucky has a fully approved O3 SIP

under section 110(k) for the moderate nonattainment area.

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 in tons

per day (tpd) 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.

Reductions in VOC and NOX Emissions From 1990 to 1993

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

VOC (tpd) NOX (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.

EPA is approving 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 carbon monoxide (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 calendar

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 document for VOCs and NOX. This document approves

the base year inventory for the Ashland-Huntington area.

CO Emission Inventory Summary for 1990 (TPD)

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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 (TPD) Summary for 1990

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Biogenic

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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.

[[Page 33751]]

Kentucky Portion of the Ashland-Huntington VOC Projection Inventory Summary (TPD)

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1993 attain

1990 base base 1996 proj 1999 proj 2002 proj 2005 proj

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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

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 (TPD)

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1993 attain

1990 base base 1996 proj 1999 proj 2002 proj 2005 proj

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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

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 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.

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 has other miscellaneous

options to choose included in their maintenance plan. 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.

Final Action

This document makes final, the action which proposed approval of

the maintenance plan and request to redesignate the Kentucky portion of

the Ashland-Huntington nonattainment area and the baseyear inventory

for the area. The document proposing approval was published on December

16, 1994 (59 FR 65000). EPA received no adverse comments on the

proposed action.

EPA finds that there is good cause for this redesignation to become

effective immediately upon publication because a delayed effective date

is unnecessary due to the nature of a redesignation to attainment,

which exempts the area from certain Clean Air Act requirements that

would otherwise apply to it. The immediate effective date for this

redesignation is authorized under both 5 U.S.C. Sec. 553(d)(1), which

provides that rulemaking actions may become effective less than 30 days

after publication if the rule ``grants or recognizes an exemption or

relieves a restriction'' and Sec. 553(d)(3), which allows an effective

date less than 30 days after publication was otherwise provided by the

agency for good cause found and published with the rule.''

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 August

28, 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).)

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant

[[Page 33752]]

impact on any small entities affected. Moreover, due to the nature of

the Federal-state relationship under the CAA, preparation of a

regulatory flexibility analysis would constitute Federal inquiry into

the economic reasonableness of state action. The CAA forbids EPA to

base its actions concerning SIPs on such grounds. Union Electric Co. v.

U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section

7410(a)(2) and 7410(k)(3).

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.

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 107 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 approved by

this action will 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 final 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

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: June 9, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of 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)(80) to read as

follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(80) The maintenance plan for the Ashland-Huntington area which

includes Boyd and a portion of Greenup Counties was submitted by the

Commonwealth of Kentucky Natural Resources and Environmental Protection

Cabinet on November 13 and May 24, 1995, as part of the Kentucky SIP.

The 1990 Baseline Emission Inventory for the Ashland-Huntington area

which includes Boyd and a portion of Greenup Counties which was

submitted on November 13, 1992.

(i) Incorporation by reference.

(A) Kentucky Natural Resources and Environmental Protection Cabinet

Request to Redesignate the Huntington/Ashland Moderate Ozone

Nonattainment Area, Maintenance Plan, effective May 24, 1995.

(B) Appendix F Kentucky Projected Emissions Summary: VOC, CO, and

NOX, effective May 24, 1995.

(C) Table 6-1 Summary of Biogenic Emissions Huntington-Ashland MSA,

effective May 24, 1995.

(ii) Other material.

(A) May 24, 1995, letter from Phillip J. Shepherd, Secretary,

Natural Resources and Environmental Protection Cabinet to John H.

Hankinson, Regional Administrator, USEPA Region 4.

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 ozone table is amended by removing the

``Huntington-Ashland area'' and its entries in the first alphabetical

list and the entry for ``Greenup County'' in the second alphabetical

list and by adding in alphabetical order to the second listing of

counties the entries for ``Boyd County'' and ``Greenup County'' to read

as follows:

Sec. 81.318 Kentucky.

* * * * *

Kentucky-Ozone

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Designation Classification

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

Date\1\ Type Date\1\ Type

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* * * * * *

Boyd County................. June 29, 1995.............. Unclassifiable/Attainment..

* * * * * *

*

Greenup County.............. June 29, 1995.............. Unclassifiable/Attainment..

[[Page 33753]]

* * * * * *

*

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

[FR Doc. 95-15953 Filed 6-28-95; 8:45 am]

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