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-069-2-6785a; FRL 5118-1]

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). The marginal

nonattainment areas include the following counties: Lexington (Fayette

and Scott), Owensboro (Daviess and a portion of Hancock), Paducah

(Livingston and a portion of Marshall), and Edmonson County. 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 Paducah area and the

associated maintenance plan because it meets the maintenance plan and

redesignation requirements. EPA has published the approval of the

redesignation request to attainment and maintenance plan for the

Owensboro and Edmonson County and will act on the request to

redesignate to attainment the Lexington area in a future notice. In

this action, EPA is also approving the 1990 base year inventory for the

Paducah marginal O3 nonattainment area.

DATES: This final rule will be effective April 10, 1995 unless adverse

or critical comments are received by March 9, 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 IV, 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 IV

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

address.

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), in

conjunction with the Governor of Kentucky, EPA designated the Paducah

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 Paducah 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, the Cabinet submitted

revisions addressing public comments on the request to redesignate the

nonattainment area to attainment. On July 16, 1993, February 28, 1994,

and August 29, 1994, the Cabinet submitted revisions to the

redesignation request, maintenance plan, and projection inventory.

On May 7, 1993, Region IV 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

January 27, 1994, 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) [[Page 7125]] 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. 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 part 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 areas 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 areas may be redesignated to attainment,

they 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 Paducah 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 Paducah 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, 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 Sec. 51.396 of the

transportation conformity rule and Sec. 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 deadline for these submittals has 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 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. [[Page 7126]]

B2. Subpart 2 of Part D

The CAA was amended on November 15, 1990, Pubic Law 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 Paducah metropolitan

statistical area (MSA) 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 met 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

Paducah area.

(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 Paducah 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 emission 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 Paducah 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

Paducah 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 areas 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 1988-1990

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Paducah............................. 105.33 102.77 3.75

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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 approving the Commonwealth of Kentucky's

maintenance plan for the Paducah 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

Paducah 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 [[Page 7127]] with EPA guidance. A

summary of the base year and projected maintenance year inventories for

the Paducah 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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Point Area Mobile Non-Road Total

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Paducah........................................ 13.49 1.48 21.54 6.73 43.24

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Biogenic Emission Inventory Summary for 1990

[Tons per day]

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Biogenic

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Paducah 1990 emissions..................................... 41.15

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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.

Paducah VOC Emission Inventory Summary

[Tons per day]

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1990 1993 1996 1999 2002 2004

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Point............................. 96.47 94.03 83.80 84.47 85.13 85.58

Area.............................. 1.85 1.87 1.88 1.90 1.91 1.93

Mobile............................ 4.45 4.26 4.36 4.04 4.01 4.01

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Total....................... 102.77 100.17 90.05 90.41 91.05 91.52

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Paducah NOX Emission Inventory Summary

[Tons per day]

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1990 1993 1996 1999 2002 2004

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Point............................. 5.88 5.93 5.97 6.02 6.07 6.10

Area.............................. 0.11 0.11 0.11 0.11 0.11 0.11

Mobile............................ 4.41 4.33 4.40 4.22 4.16 4.16

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Total....................... 90.54 89.54 88.88 88.45 87.99 87.78

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As indicated in the following table, an emissions decrease in VOCs

and NOX in the Paducah nonattainment area are projected throughout

the maintenance period. EPA believes that these emissions projections

demonstrate that the Paducah nonattainment area will continue to

maintain the O3 NAAQS.

VOC and NOX Projected Emissions Changes

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

VOCs NOX

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Paducah....................................... -10.95% -3.05%

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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 [[Page 7128]] SIP will provide for maintenance for an

additional ten years.

Final Action

In this final action, EPA is approving the nonattainment area's

O3 maintenance plan because it meets the requirements of section

175A. The EPA is redesignating the Paducah 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 Paducah 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 April 10, 1995 unless, by March 9, 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 April 10, 1995.

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 April 10, 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 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

40 CFR Part 52

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Ozone.

40 CFR Part 81

Air pollution control, Hydrocarbons, Carbon monoxide, Nitrogen

oxides, National parks, Wilderness areas.

Dated: November 28, 1994.

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)(73) to read as

follows:

Sec. 52.920 Identification of plan.

* * * * *

(c) * * *

(73) The maintenance plan for the Paducah area which include

Livingston and Marshall 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, as part of the Kentucky SIP. The

1990 Baseline Emission Inventory for the Paducah area which include

Livingston and Marshall 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 6-13 Biogenic Emissions, Livingston County, Kentucky. The

effective date is January 15, 1993.

(C) Table 6-14 Biogenic Emissions, Marshall County, Kentucky. The

effective date is January 15, 1993.

(ii) Other material.

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

Natural Resources and Environmental Protection Cabinet to Patrick

Tobin, Acting Regional Administrator, U.S. EPA Region IV.

(B) February 28, 1994, letter from John E. Hornback, Director,

Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs

Branch.

(C) 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 IV.

[[Page 7129]]

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

Paducah area and its entries in the first alphabetical list and the

entry for Livingston County in the second alphabetical list and by

adding in alphabetical order to the second listing of counties the

following entries to read as follows:

Sec. 81.318 Kentucky.

* * * * *

Kentucky--Ozone

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

Designation Classification

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

Date\1\ Type Date\1\ Type

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

* * * *

* * *

Livingston April 10, 1995.. Unclassifiable/

County. Attainment.

* * * *

* * *

Marshall County. April 10, 1995.. Unclassifiable/

Attainment.

* * * *

* * *

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

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

* * * * *

[FR Doc. 95-2775 Filed 2-6-95; 8:45 am]

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