Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55173

factors, and in relation to relevant

statutory and regulatory requirements.

II. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the EPA

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, the EPA 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 the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA 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 preexisting 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.

C. Regulatory Flexibility Act

SIP approvals under section 110 and

subchapter I, Part D of the Clean Air Act

(CAA) do not create any new

requirements but simply approve

requirements that the state is already

imposing. Therefore, because the

Federal SIP approval does not impose

any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-state relationship

under the CAA, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The CAA forbids the EPA to base its

actions concerning SIPs on such

grounds (Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (S.Ct.

1976); 42 U.S.C. 7410(a)(2)).

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, the

EPA 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 this 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 CAA,

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 in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: September 25, 1997.

Dennis Grams, P.E.,

Regional Administrator.

Part 52, chapter I, title 40 of the 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 Q—Iowa

2. Section 52.820 is amended by

adding paragraph (c)(64) to read as

follows:

§ 52.820 Identification of plan.

* * * * *

(c) * * *

(64) In correspondence dated

February 16, 1996, February 19, 1996,

and February 27, 1996, the Director of

the Iowa Department of Natural

Resources (IDNR) submitted revisions to

the State Implementation Plan

concerning open burning, new source

review (NSR) requirements for

nonattainment areas, test method and

definition updates.

(i) Incorporation by reference.

(A) ‘‘Iowa Administrative Code,’’

section 567–22.8(1), effective July 12,

1995, containing a permit by rule for

spray booths.

(B) ‘‘Iowa Administrative Code,’’

sections 567–23.2(3); 23.2(4), effective

April 19, 1995, addressing open

burning.

(C) ‘‘Iowa Administrative Code,’’

sections 567–22.5 (2)–(6), (8)–(10),

effective March 20, 1996. These rules

address NSR requirements in

nonattainment areas.

(D) ‘‘Iowa Administrative Code,’’

sections 567–20.2; 22.4(1); and 25.1(9),

effective July 12, 1995. These rules

address test method and definition

updates.

(E) ‘‘Iowa Administrative Code,’’

section 567–31.1, effective February 22,

1995. This rule addresses permit

requirements relating to nonattainment

areas.

(ii) Additional material.

(A) Letter dated July 11, 1997, from

Pete Hamlin, IDNR, to Wayne

Leidwanger, EPA, requesting approval

under 112(l).

[FR Doc. 97–28144 Filed 10–22–97; 8:45 am]

BILLING CODE 6560–50–P

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.

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
55174 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

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

Site County/State Year Exceedances

measured

Expected

exceedances

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
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55175

TABLE 1.—EXCEEDANCES OF THE OZONE AIR QUALITY STANDARD IN THE LOUISVILLE AREA 1994 TO 1996—Continued

Site County/State Year Exceedances

measured

Expected

exceedances

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

1The 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 ‘‘KentuckyOzone’’ 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-forprofit enterprises, and government
55176 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

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:

§ 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:

§ 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 § 81.318, the ‘‘Kentucky—

Ozone’’ table is amended by revising the

entry for the ‘‘Louisville Area’’ and

adding footnote 2 to read as follows:

§ 81.318 Kentucky.

* * * * *
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55177

KENTUCKY-OZONE

Designated area

Designation Classification

Date 1 Type Date 1 Type

* * * * * * *

Louisville Area:

Bullitt County (part): The area boundary 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 JeffersonBullitt 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.

Nonattainment ............... Moderate.2

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 northnortheast 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
55178 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

KENTUCKY-OZONE—CONTINUED

Designated area

Designation Classification

Date 1 Type Date 1 Type

KY 53 and Zale Smith Road; proceeding 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 northbound 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.

Nonattainment ............... Moderate.2

* * * * * * *

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

2Attainment date extended to November 15, 1997.

* * * * *

3. In § 81.315, the ‘‘Indiana—Ozone’’

table is amended by revising the entry

for the ‘‘Louisville Area’’ and adding

footnote 2 to read as follows:

§ 81.315 Indiana.

* * * * *

INDIANA-OZONE

Designated area

Designation Classification

Date 1 Type Date 1 Type

* * * * * * *

Louisville Area:

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

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

* * * * * * *

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

2Attainment date extended to November 15, 1997.

* * * * *

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

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–65912–5]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

LaGrand Sanitary Landfill Superfund

Site from the National Priorities List

(NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the LaGrand Sanitary Landfill

Superfund Site in Minnesota from the

National Priorities List (NPL). The NPL

is Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Contingency Plan (NCP),

which EPA promulgated pursuant to

Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA), as amended. This action is

being taken by EPA and the State of

Minnesota, because it has been

determined that all appropriate Fundfinanced response actions under

CERCLA have been implemented and

that no further response by responsible

parties is appropriate. Moreover, EPA

and the State of Minnesota have

determined that remedial actions

conducted at the site to date remain

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: October 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Gladys Beard at (312) 886–7253 (SR–6J),

Associate Remedial Project Manager,

Superfund Division, U.S. EPA—Region

V, 77 West Jackson Blvd., Chicago, IL

60604. Information on the site is

available at the local information

repository located at: The Alexandria

Public Library, Seventh and Fillmore,

Alexandria, MN 56308. Requests for

comprehensive copies of documents

should be directed formally to the

Regional Docket Office. The contact for

the Regional Docket Office is Jan

Pfundheller (H–7J), U.S. EPA, Region V,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.