Clean Air Act Promulgation of Extension of Attainment Date for Ozone Nonattainment Area; Kentucky; Indiana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[KY95-9722a; IN82a-1; FRL-5901-2]

Clean Air Act Promulgation of Extension of Attainment Date for

Ozone Nonattainment Area; Kentucky; Indiana

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (USEPA) is extending

the attainment date for the Louisville interstate moderate ozone

nonattainment area from November 15, 1996, to November 15, 1997. This

extension is based in part on monitored air quality readings for the

national ambient air quality standard (NAAQS) for ozone during 1996.

Accordingly, USEPA is revising the table in the Code of Federal

Regulations concerning ozone attainment dates in this area. In this

action, USEPA is approving the States' request through a ``direct

final'' rulemaking; the rationale for this

[[Page 55174]]

approval is set forth. Elsewhere in this Federal Register, USEPA is

proposing approval and soliciting written comment on this action; if

adverse written comments are received, USEPA will withdraw the direct

final rule and address the comments received in a new final rule;

otherwise no further rulemaking will occur on this attainment date

extension request.

DATES: This action is effective December 22, 1997 unless substantive

written adverse comments not previously addressed by the State or USEPA

are received by November 24, 1997. If the effective date is delayed,

timely notice will be published in the Federal Register.

ADDRESSES: Written comments may be mailed to Joey LeVasseur at the

USEPA Region 4 address listed below or to J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), Region 5

at the address listed below. Copies of the material submitted by the

Kentucky Natural Resources and Environmental Protection Cabinet

(KNREPC) may be examined during normal business hours at the following

locations:

Environmental Protection Agency, Atlanta Federal Center, Region 4 Air

Planning Branch, 61 Forsyth Street S.W., Atlanta, Georgia 30303-3104.

Natural Resources and Environmental Protection Cabinet, 803 Schenkel

Lane, Frankfort, Kentucky 40601.

Copies of the materials submitted by the Indiana Department of

Environmental Management (IDEM) may be examined during normal business

hours at the following locations:

Regulation Development Section, Air Programs Branch (AR-18J), U.S.

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Joey LeVasseur at (404) 562-9035 or

Randolph O. Cano at (312) 886-6036.

SUPPLEMENTARY INFORMATION:

Request for Attainment Date Extension for the Louisville Moderate Ozone

Nonattainment Area

On January 8, 1996, KNREPC requested a one-year attainment date

extension for the Kentucky portion of the Louisville moderate ozone

nonattainment area which consists of Jefferson, Bullitt, and Oldham

Counties in Kentucky. Similarly, on November 15, 1996, Indiana

requested a one-year attainment date extension for the Indiana portion

of the Louisville moderate ozone nonattainment area which consists of

Clark and Floyd Counties. Since this area is classified as a moderate

ozone nonattainment area, the statutory ozone attainment date

prescribed by section 181(a) of the Clean Air Act (CAA) is November 15,

1996. The State submittals request that the attainment date be extended

to November 15, 1997.

CAA Requirements and USEPA Actions Concerning Designation and

Classification

Section 107(d)(4) of the CAA requires the States and USEPA to

designate areas as attainment, nonattainment, or unclassifiable for

ozone as well as other pollutants for which national ambient air

quality standards (NAAQS) have been set. Section 181(a)(1) requires

that ozone nonattainment areas be classified as marginal, moderate,

serious, severe, or extreme, depending on their air quality. In a

series of Federal Register documents, USEPA completed this process by

designating and classifying all areas of the country for ozone. See,

e.g., 56 FR 58694 (Nov. 6, 1991); 57 FR 56762 (Nov. 30, 1992).

Areas designated nonattainment for ozone are required to meet

attainment dates specified under the CAA. The Louisville ozone

nonattainment area was designated nonattainment and classified moderate

for ozone pursuant to 56 FR 58694 (November 6, 1991). By this

classification, its attainment date became November 15, 1996. A

discussion of the attainment dates is found in 57 FR 13498 (April 16,

1992) (the General Preamble).

CAA Requirements Concerning Meeting the Attainment Date

Section 181(b)(2)(A) requires the Administrator, within six months

of the attainment date, to determine whether ozone nonattainment areas

had attained the NAAQS. For ozone, USEPA determines attainment status

on the basis of the expected number of exceedances of the NAAQS over

the most recent three-year period. See General Preamble, 57 FR 13506.

In the case of moderate ozone nonattainment areas, the three-year

period is 1994-1996.

A review of the actual ambient air quality ozone data from the

USEPA Aerometric Information Retrieval System (AIRS) shows that five

air quality monitors located in the Louisville ozone nonattainment area

recorded exceedances of the NAAQS for ozone during the three year

period from 1994 to 1996. The exceedances at the Clark County, Indiana,

monitor averaged more than 1.0 over the three year period, which

constitutes a violation of the ozone NAAQS for the Louisville area

during this three-year period. Thus, the area did not meet the November

15, 1996 attainment date. (See Table 1.)

Table 1.--Exceedances of the Ozone Air Quality Standard in the Louisville Area 1994 to 1996

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Exceedances Expected

Site County/State Year measured exceedances

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Charlestown............................. Clark, IN...................... 1994 3 3.0

Charlestown............................. Clark, IN...................... 1995 2 2.1

Charlestown............................. Clark, IN...................... 1996 0 0.0

New Albany.............................. Floyd, IN...................... \1\ 1994 ........... ...........

New Albany.............................. Floyd, IN...................... 1995 1 1.0

New Albany.............................. Floyd, IN...................... 1996 1 1.0

Shepherdsville.......................... Bullitt, KY.................... 1994 0 0.0

Shepherdsville.......................... Bullitt, KY.................... 1995 0 0.0

Shepherdsville.......................... Bullitt, KY.................... 1996 0 0.0

Bates Elementary........................ Jefferson, KY.................. 1994 0 0.0

Bates Elementary........................ Jefferson, KY.................. 1995 1 1.0

Bates Elementary........................ Jefferson, KY.................. 1996 0 0.0

Watson Lane............................. Jefferson, KY.................. 1994 1 1.0

Watson Lane............................. Jefferson, KY.................. 1995 1 1.0

Watson Lane............................. Jefferson, KY.................. 1996 1 1.0

WLKY TV................................. Jefferson, KY.................. 1994 0 0.0

WLKY TV................................. Jefferson, KY.................. 1995 0 0.0

[[Page 55175]]

WLKY TV................................. Jefferson, KY.................. 1996 1 1.1

Buckner................................. Oldham, KY..................... 1994 0 0.0

Buckner................................. Oldham, KY..................... 1995 0 0.0

Buckner................................. Oldham, KY..................... 1996 0 0.0

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\1\ The New Albany ozone monitor began operation in 1977, but stopped collecting ozone data in 1980. Ozone

monitoring at this site resumed on April 1, 1995.

CAA section 181(b)(2)(A) further states that, for areas classified

as marginal, moderate, or serious, if the Administrator determines that

the area did not attain the standard by its attainment date, the area

must be reclassified to the next higher classification. However, CAA

section 181(a)(5) provides an exemption from this reclassification

requirement. Under this exemption, USEPA may grant up to two, one-year

extensions of the attainment date under specified conditions:

Section 181(a)(5) states that upon application by any State, the

Administrator may extend [the attainment date] for one additional year

(referred to as the ``Extension Year'') if:

(A) The State has complied with all requirements and commitments

pertaining to the area in the applicable implementation plan, and

(B) No more than one exceedance of the national ambient air quality

standard level for ozone has occurred in the area in the year preceding

the Extension Year.

The USEPA interprets this provision to authorize the granting of a

one-year extension upon request by a State, under the following minimum

conditions.

(1) The State has complied with or is taking significant steps to

comply with all requirements and commitments in the USEPA approved

ozone State Implementation Plan (SIP) for the area, and

(2) The area has no more than one measured exceedance of the ozone

NAAQS at each monitor in the area during the year that includes the

attainment date (or the subsequent year, if a second one-year extension

is being requested).

Compliance With State Implementation Plans

Indiana and Kentucky have complied with the CAA SIP revision

requirements for moderate ozone nonattainment areas. Both States

certified they are implementing their ozone SIPs for the Louisville

area. Therefore, the implementation plan criterion for the attainment

date extension is satisfied. All of the states' SIP submittals may be

examined during regular business hours at the EPA Regional offices

listed above in the addresses section of this notice.

Compliance With Air Quality Monitoring Criteria

In the extension requests, Kentucky and Indiana indicated that no

monitor in the Louisville area had more than one exceedance each during

1996. The 1996 monitoring data has been quality controlled and quality

assured, as has the data for 1994 and 1995. These data are summarized

in Table 1. Three of the seven ozone monitors in the Louisville area

recorded one exceedance each during 1996, but none recorded more than

one exceedance in 1996. This satisfies the air quality data criterion

for the attainment date extension.

USEPA has reviewed the States' formal extension requests, and has

determined that the requirements for a one-year extension of the

attainment date have been fulfilled. USEPA is therefore approving the

Kentucky and Indiana attainment date extension requests for the

Louisville ozone nonattainment area. As a result, the Kentucky Control

Strategy for Ozone which is codified at 40 CFR 52.930 and the Indiana

Control Strategy for Photochemical Oxidants (hydrocarbons) which is

codified at 40 CFR 52.777 are being amended to record these attainment

date extensions. The chart in 40 CFR 81.318 entitled ``Kentucky-Ozone''

is being modified to reflect USEPA's approval of Kentucky's attainment

date extension request. The chart in 40 CFR 81.315 entitled ``Indiana-

Ozone'' is also being modified to reflect USEPA's approval of Indiana's

attainment date extension request.

Final Action

USEPA is approving the attainment date extension requests submitted

by Kentucky and Indiana to extend the Louisville moderate ozone

nonattainment area attainment date from November 15, 1996 to November

15, 1997 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,

USEPA is proposing to approve this part 52 and part 81 action should

written adverse or critical comments be filed. This action will be

effective December 22, 1997 unless, by November 24, 1997 written

adverse or critical comments are received.

If the USEPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All written public comments received will

then be addressed in a subsequent final rule based on this action

serving as a proposed rule. USEPA 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 on December 22,

1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

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, USEPA 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

[[Page 55176]]

entities with jurisdiction over populations of less than 50,000.

Extension of an area's attainment date under the CAA does not

impose any new requirements on small entities. Extension of an

attainment date is an action that affects a geographic area and does

not impose any regulatory requirements on sources. USEPA certifies that

the approval of the attainment date extension will not affect a

substantial number of small entities.

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, USEPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires USEPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

USEPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, USEPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by December 22, 1997. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the 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).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Ozone.

40 CFR Part 81

Environmental protection, Air pollution control, National parks,

Wilderness areas.

Dated: August 20, 1997.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Dated: August 19, 1997.

Michelle D. Jordan,

Acting Regional Administrator, Region 5.

Parts 52 and 81 of chapter I, title 40 of the Code of Federal

Regulations are 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 52.930 is amended by adding paragraph (e) to read as

follows:

Sec. 52.930 Control strategy: Ozone.

* * * * *

(e) Kentucky's November 15, 1996, request for a one-year attainment

date extension for the Kentucky portion of the Louisville moderate

ozone nonattainment area which consists of Jefferson County and parts

of Bullitt and Oldham Counties is approved. The date for attaining the

ozone standard in these counties is November 15, 1997.

Subpart P--Indiana

3. Section 52.777 is amended by adding paragraph (q) to read as

follows:

Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *

(q) Indiana's November 15, 1996, request for a one-year attainment

date extension for the Indiana portion of the Louisville moderate ozone

nonattainment area which consists of Clark and Floyd Counties is

approved. The date for attaining the ozone standard in these counties

is November 15, 1997.

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 ``Kentucky--Ozone'' table is amended by

revising the entry for the ``Louisville Area'' and adding footnote 2 to

read as follows:

Sec. 81.318 Kentucky.

* * * * *

[[Page 55177]]

Kentucky-Ozone

Designation Classification

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

Date \1\ Type Date \1\ Type

* * * * * * *

Louisville Area:

Bullitt County (part): The area boundary Nonattainment............................ Moderate.\2\

is as follows: Beginning at the

intersection of Ky 1020 and the

Jefferson-Bullitt County Line

proceeding to the east along the county

line to the intersection of county road

567 and the Jefferson-Bullitt County

Line; proceeding south on county road

567 to the junction with Ky 1116 (also

known as Zoneton Road); proceeding to

the south on Ky 1116 to the junction

with Hebron Lane; proceeding to the

south on Hebron Lane to Cedar Creek;

proceeding south on Cedar Creek to the

confluence of Floyds Fork turning

southeast along a creek that meets Ky

44 at Stallings Cemetery; proceeding

west along Ky 44 to the eastern most

point in the Shepherdsville city

limits; proceeding south along the

Shepherdsville city limits to the Salt

River and west to a point across the

river from Mooney Lane; proceeding

south along Mooney Lane to the junction

of Ky 480; proceeding west on Ky 480 to

the junction with Ky 2237; proceeding

south on Ky 2237 to the junction with

Ky 61 and proceeding north on Ky 61 to

the junction with Ky 1494; proceeding

south on Ky 1494 to the junction with

the perimeter of the Fort Knox Military

Reservation; proceeding north along the

military reservation perimeter to

Castleman Branch Road; proceeding north

on Castleman Branch Road to Ky 44;

proceeding a very short distance west

on Ky 44 to a junction with Ky 2723;

proceeding north on Ky 2723 to the

junction of Chillicoop Road; proceeding

northeast on Chillicoop Road to the

junction of KY 2673; proceeding north

on KY 2673 to the junction of KY 1020;

proceeding north on KY 1020 to the

beginning; unless a road or

intersection of two or more roads

defines the nonattainment boundary, the

area shall extend outward 750 feet from

the center of the road or intersection.

Jefferson County........................ Nonattainment............................ Moderate.\2\

Oldham County (part): The area boundary

is as follows: Beginning at the

intersection of the Oldham-Jefferson

County Line with the southbound lane of

Interstate 71; proceeding to the

northeast along the southbound lane of

Interstate 71 to the intersection of Ky

329 and the southbound lane of

Interstate 71; proceeding to the

northwest on Ky 329 to the intersection

of Zaring Road and Ky 329; proceeding

to the east-northeast on Zaring Road to

the junction of Cedar Point Road and

Zaring Road; proceeding to the north-

northeast on Cedar Point Road to the

junction of Ky 393 and Cedar Point

Road; proceeding to the south-southeast

on Ky 393 to the junction of (the

access road on the north side of

Reformatory Lake and the Reformatory);

proceeding to the east-northeast on the

access road to the junction with

Dawkins Lane and the access road;

proceeding to follow an electric power

line east-northeast across from the

junction of county road 746 and Dawkins

Lane to the east-northeast across Ky 53

on to the La Grange Water Filtration

Plant; proceeding on to the east-

southeast along the power line then

south across Fort Pickens Road to a

power substation on Ky 146; proceeding

along the power line south across Ky

146 and the Seaboard System Railroad

track to adjoin the incorporated city

limits of La Grange; then proceeding

east then south along the La Grange

city limits to a point abutting the

north side of Ky 712; proceeding east-

southeast on Ky 712 to the junction of

Massie School Road and Ky 712;

proceeding to the south-southwest on

Massie School Road to the intersection

of Massie School Road and Zale Smith

Road; proceeding northeast on Zale

Smith Road to the junction of .

[[Page 55178]]

Kentucky-Ozone--Continued

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Designation Classification

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

Date \1\ Type Date \1\ Type

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KY 53 and Zale Smith Road; proceeding Nonattainment............................ Moderate.\2\

on Ky 53 to the north-northwest to the

junction of New Moody Lane and Ky 53;

proceeding on New Moody Lane to the

south-southwest until meeting the city

limits of La Grange; then briefly

proceeding north following the La

Grange city limits to the intersection

of the northbound lane of Interstate 71

and the La Grange city limits;

proceeding southwest on the north-bound

lane of Interstate 71 until inter-

secting with the North Fork of Currys

Fork; proceeding south-southwest beyond

the con-fluence of Currys Fork to the

south-southwest beyond the confluence

of Floyds Fork continuing on to the

Oldham-Jefferson County Line;

proceeding northwest along the Oldham-

Jefferson County Line to the beginning;

unless a road or intersection of two or

more roads defines the nonattainment

boundary, the area shall extend outward

750 feet from the center of the road or

intersection.

* * * * * * *

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

\2\ Attainment date extended to November 15, 1997.

* * * * *

3. In Sec. 81.315, the ``Indiana--Ozone'' table is amended by

revising the entry for the ``Louisville Area'' and adding footnote 2 to

read as follows:

Sec. 81.315 Indiana.

* * * * *

Indiana-Ozone

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Designation Classification

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

Date \1\ Type Date \1\ Type

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

* * * * * * *

Louisville Area:

Clark County..................... Nonattainment Moderate \2\..........................

Floyd County..................... Nonattainment Moderate \2\..........................

* * * * * * *

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

\2\ Attainment date extended to November 15, 1997.

* * * * *

[FR Doc. 97-28141 Filed 10-22-97; 8:45 am]

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