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-069-3-6904a; FRL-5277-2]

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.

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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). Under the Clean Air

Act (CAA), designations can be changed if sufficient data are available

to warrant such changes and the redesignation request satisfies the

criteria set forth in the CAA. In this action, EPA is approving the

redesignation to attainment of the Lexington area (Fayette and Scott

counties) and the associated maintenance plan because it meets the

maintenance plan and redesignation requirements. EPA has approved the

requests to redesignate to attainment and maintenance plans for the

Owensboro, Edmonson County and Paducah areas. In this action, EPA is

also approving the 1990 base year inventory for the Lexington marginal

O3 nonattainment area.

DATES: This final rule is effective November 13, 1995 unless adverse or

critical comments are received by October 11, 1995. 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 4, 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 4

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

address. Reference file KY-69-3-6904.

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

Amendments of 1990 (CAAA) 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 Lexington

area as nonattainment because the area 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 Lexington marginal O3 nonattainment area (nonattainment

area) more recently has 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 area and requested redesignation of the nonattainment

area 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, July 16, 1993, February 28,

1994, August 29, 1994, and June 14, 1995, the Cabinet submitted

revisions addressing public and/or EPA comments on the

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redesignation request, maintenance plan, and projection inventory.

On May 7, 1993, 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 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

June 14, 1995, 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 area. (See 40 CFR 50.9 and appendix

H.) In addition, there were no violations reported for the 1992, 1993,

and 1994 O3 seasons and there have been no violations to date in

1995. 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 statutory

criterion of attainment of the O3 NAAQS. The Commonwealth of

Kentucky has committed to continue monitoring the nonattainment area 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 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.

B. Part D Requirements

Before the nonattainment area may be redesignated to attainment, it

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 Lexington nonattainment area was 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 area 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 area. Therefore, the Commonwealth of

Kentucky was not required to meet these requirements for purposes of

redesignation. The Lexington area currently has a fully approvable New

Source Review (NSR) program which was last revised on June 23, 1994 (59

FR 32343). Upon redesignation of the 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 48887, 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,

[[Page 47091]]

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 Commonwealth requested redesignation of the Lexington

area prior to the deadline for these submittals, 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, 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 Lexington area was

designated as marginal O3 nonattainment. Because this area is

marginal, the area 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 meet 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

Lexington area. This emission inventory is being approved in this

notice.

(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 Lexington area was not designated nonattainment prior

to 1990 and was classified as marginal O3 nonattainment pursuant

to the 1990 CAA. Therefore, this area is 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, to approve the SIP

revision submitted on February 12, 1992. Action was taken June 23,

1994, to approve 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 emissions 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 Lexington area.

(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

Lexington area.

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 area 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.

Reductions in VOC Emissions From 1988 to 1990

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

VOCs (tpd)

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

1988 1990 1990-1988

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Lexington.................................. 86.31 63.79 22.52

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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

[[Page 47092]]

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 approving the Commonwealth of Kentucky's

maintenance plan for the Lexington marginal 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 for the

Lexington marginal nonattainment area. 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

Lexington area is 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.

CO Emission Inventory Summary for 1990

[Tons per day]

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Non-

Point Area Mobile road Total

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Lexington.......................................................... 0.0 3.52 265.19 57.40 326.11

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Biogenic Emission Inventory Summary for 1990

[Tons per day]

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Biogenic

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Lexington 1990 Emissions.................................. 24.1

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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. As indicated in the following

tables, increases in VOC and NOX emissions are projected in the

Lexington nonattainment area.

Lexington VOC Emission Inventory Summary

[Tons per day]

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1990 1993 1996 1999 2002 2004

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Point........................................................... 12.39 12.63 17.77 17.21 16.85 16.68

Area............................................................ 14.36 14.53 14.71 14.88 15.06 15.18

Nonroad......................................................... 11.06 11.21 11.36 11.51 11.66 11.77

Mobile.......................................................... 25.98 24.86 24.38 24.69 25.13 26.03

Total........................................................... 63.79 63.23 68.22 68.29 68.70 69.66

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Lexington NOX Emission Inventory Summary

[Tons per day]

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1990 1993 1996 1999 2002 2004

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Point........................................................... 1.98 2.01 2.03 2.05 2.07 2.09

Area............................................................ 0.34 0.34 0.35 0.35 0.36 0.36

Nonroad......................................................... 8.16 8.27 8.39 8.50 8.62 8.70

Mobile.......................................................... 22.06 21.23 20.98 20.95 20.85 21.71

Total........................................................... 32.54 31.85 31.75 31.85 31.90 32.86

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[[Page 47093]]

VOC and NOX Projected Emissions Changes

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VOCs NOX

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Lexington............................................. 9.20% 0.98%

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Because there were increases in VOC and NOX emissions,

Kentucky was required to model to demonstrate maintenance of the

O3 standard despite emissions growth. The Empirical Kinetics

Modeling Approach (EKMA) was the model used. EKMA models Nonmethane

Organic Compounds (NMOC) and NMOC data were available in 1989. For this

reason, the model was run using meteorological data from June 23, June

26, and July 18, 1989. These days correspond to the highest ozone

monitor readings for which on-site NMOC were available. The EKMA

modeling projected O3 values of 0.106 parts per million (ppm) for

June 23, 1989, .116 ppm for July 26, 1989, and .064 ppm for July 18,

1995.

The modeling indicated that the future mix of emissions produced

ozone levels below the federal O3 standard. Thus, the analysis

indicated that the Lexington area should continue to maintain the

standard throughout the maintenance period.

C. Verification of Continued Attainment

Continued attainment of the O3 NAAQS in the marginal

nonattainment areas depends, 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.

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 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 this nonattainment area

because it was designated as a marginal nonattainment area pursuant to

the CAA. 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

EPA is approving Lexington's O3 maintenance plan because it

meets the requirements of section 175A. The EPA is redesignating the

Lexington nonattainment area 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 inventory for the

Lexington nonattainment area. 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 November 13, 1995 unless, by October 11, 1995, 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 November 13, 1995.

Under section 307(b)(1) of the CAA, 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 November

13, 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).)

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 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.

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

[[Page 47094]]

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

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

40 CFR Part 81

Air pollution control.

Dated: August 8, 1995.

R.F. McGhee,

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)(76) to read as

follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(76) The maintenance plan and for the Lexington area which include

Fayette and Scott 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, September 28, 1994 and June 14, 1995, as part of

the Kentucky SIP. The 1990 Baseline Emission Inventory for the

Lexington area which include Fayette and Scott 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 January 15, 1993.

(B) Table 6-6 Biogenic Emissions Fayette County, Kentucky. The

effective date is January 15, 1993.

(C) Table 6-7 Biogenic Emissions, Scott, Kentucky. The effective

date is January 15, 1993.

(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, U.S. EPA Region 4.

(C) January 15, 1993, letter from Phillip J. Shepherd, Secretary,

Natural Resources and Environmental Protection Cabinet to Patrick M.

Tobin, Acting Regional Administrator, U.S. EPA 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 section 81.318, the ozone table is amended by removing the

Lexington-Fayette Area and its entries in the first alphabetical

listing and by adding in alphabetical order entries for ``Fayette

County'' and ``Scott County'' to the second listing of counties to read

as follows:

Sec. 81.318 Kentucky.

* * * * *

Kentucky-Ozone

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

Designated area Designation Classification

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

Date\1\ Type Date\1\ Type

Rest of state ---------------------------------------------------------------------------

Unclassifiable/Attainment

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

* * * * * *

*

Fayette County...................... November 13, 1995...........

* * * * * *

*

Scott County........................ November 13, 1995...........

* * * * * *

*

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

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

I37* * * * *

[[Page 47095]]

[FR Doc. 95-22156 Filed 9-8-95; 8:45 am]

BILLING CODE 6560-50-P