Control Strategy: Ozone (OINF3); Kentucky

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-80-6666; FRL-5147-6]

Control Strategy: Ozone (O3); Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve a request for an exemption

from the oxides of nitrogen (NOx) reasonably available control

technology (RACT) requirement of the Clean Air Act as amended in 1990

(CAA) for the Kentucky portion of the Huntington-Ashland, moderate

ozone O3 nonattainment area. The exemption request, submitted by

the Commonwealth of Kentucky through [[Page 5882]] the Department of

Environmental Protection, is based upon the most recent three years of

ambient air monitoring data, which demonstrate that additional

reductions of NOx would not contribute to the attainment of the

National Ambient Air Quality Standard (NAAQS) for O3 in the area.

The CAA requires states with designated nonattainment areas of the

NAAQS for O3, and classified as moderate nonattainment and above,

to adopt RACT rules for major stationary sources of NOx. The CAA

provides further that the NOx requirements do not apply to these

areas outside an O3 transport region if EPA determines that

additional reductions of NOx would not contribute to attainment of

the NAAQS for O3 in the area.

DATES: To be consideered comments must be received by March 2, 1995.

ADDRESSES: Written comments should be addressed to: Kimberly Bingham,

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 location (it is recommended that you contact Kimberly Bingham

at (404) 347-3555 extension 4195 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: Kimberly Bingham, Stationary Sources

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.

SUPPLEMENTARY INFORMATION:

The air quality planning requirements for the reduction of NOx

emissions are set out in section 182(f) of the CAA. 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). Section 182(f)

provides further that these NOx requirements do not apply to areas

outside an O3 transport region if EPA determines that additional

reductions of NOx would not contribute to attainment in such

areas. 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.

The criteria established for the evaluation of an 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,'' and an

EPA guidance document entitled ``Guidelines for Determining the

Applicability of Nitrogen Oxides Requirements Under Section 182(f),''

dated December 1993, from EPA, Office of Air Quality Planning and

Standards, Air Quality Management Division.

On November 12, 1993, the Commonwealth of Kentucky submitted to EPA

Region 4 a request to redesignate the Kentucky portion of the

Huntington-Ashland moderate O3 nonattainment area to attainment.

The redesignation request is currently under review and will be

addressed in a separate rulemaking. On August 16, 1994, the

Commonwealth requested that the Kentucky portion of the Huntington-

Ashland area be exempt from the NOx RACT requirement in section

182(f) of the CAA. The section 182(f) exemption also relieves the area

of all NOx requirements of the CAA such as New Source Review,

Conformity, and Inspection/ Maintenance. The exemption request is based

upon ambient air monitoring data from 1991, 1992, and 1993, which

demonstrate that the NAAQS for O3 has been attained in the area

without additional reductions of NOx (a violation of the ozone

NAAQS occurs when the average exceedance for any O3 monitoring

site in a three year period is greater than 1.0).

Only one O3 exceedance was recorded in the Huntington-Ashland

area for the period from 1991 to 1993: Monitor 21-019-0015-0.129 ppm

(1993). Thus, there has been no violation of the NAAQS in the area

during this period and the area has maintained the standard through

1994.

EPA has reviewed the ambient air monitoring data for O3

(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 and has determined that a violation of the

O3 NAAQS has not occurred in the Huntington-Ashland, Kentucky

portion area for the relevant three year period. Because the Kentucky

portion of the Huntington-Ashland 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.

Continuation of the section 182(f) exemption granted herein is

contingent upon continued monitoring and continued maintenance of the

O3 NAAQS for the entire Huntington-Ashland area. If a violation of

the O3 NAAQS is monitored in the Kentucky portion of the

Huntington-Ashland area, EPA will provide notice in the Federal

Register. A determination that the NOx exemption no longer applies

would mean that the NOx RACT provision (see 58 FR 63214 and 58 FR

62188) would immediately be applicable to the affected area. Although

the NOx RACT requirements would be applicable, 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 Huntington-Ashland area moderate O3

nonattainment area from the section 182(f) NOx RACT requirement.

This proposed approval is based upon the evidence provided by Kentucky

and the Commonwealth's compliance with the requirements outlined in the

applicable EPA guidance. If a violation of the O3 NAAQS occurs in

the Kentucky portion of the Huntington-Ashland area, the exemption from

the NOx RACT requirement 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 [[Page 5883]] 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.

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: January 12, 1995.

Joe R. Franzmathes,

Acting Regional Administrator.

[FR Doc. 95-2351 Filed 1-30-95; 8:45 am]

BILLING CODE 6560-50-F