COMMONWEALTH OF KENTUCKY 

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET 

OFFICE OF THE SECRETARY 

CAPITAL PLAZA TOWER 

FRANKFORT KENTUCKY 40601 

TELEPHONE: (502) 564-3350 

August 24,2004 

Mr. James I. Palmer, Jr. 

Regional Administrator 

U.S. EPA, Region 4 

Atlanta Federal Center 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-8960 

Dear Mr. Palmer: 

On February 20, 2004, Kentucky submitted to EPA recommended 

attainmenthonattainment designations for PM25 in accordance with Section 107 of the Clean Air 

Act. Kentucky's recommendation was based on EPA's guidance criteria that was available at 

the time. Kentucky felt confident of the information submitted and fully anticipated EPA's 

concurrence with Kentucky's recommendations. 

On June 29,2004, Kentucky received EPA's modified recommendations for designations 

under the PM2.5 standard. It was troubling to find that EPA had used different emissions data 

fiom those which had been recommended for use by states in their submissions. Further, an 

emissions weighting scoring methodology which had not previously been made available to 

states was utilized by EPA in making its recommendations. To date, EPA has not fully advised 

Kentucky as to exactly how this weighted emissions scoring was applied to its decision making 

process. This obviously leaves the state with a difficult task in providing further information on 

the additional counties that EPA has recommended for nonattainment designation. 

Kentucky is also greatly concerned that EPA has proposed nonattainment designations of 

some counties due to the presence of a coal-fired electric generating unit within their borders. 

This approach is being applied to all counties within a Metropolitan Statistical Area with 

monitored nonattainment, as well as, those counties adjacent to those areas. Since EPA has 

previously stated that the implementation of the Clean Air Interstate Rule (CAIR) combined with 

additional national programs to lower the sulfur content in gasoline and diesel will bring most 

areas into attainment with the fine particulate standard and preclude the need for local control 

strategies, it seems unnecessary to impose additional planning and reporting burdens on such 

counties. In fact many of these counties are rural in nature and free of any major industry 

beyond the single coal-fired electric generating unit. Such an approach will unnecessarily and 

arbitrarily impose the stigma of non-attainment and subject the area to requirements that could 

have serious adverse economic impacts 
Mr. James I. Palmer, Jr. 

Page 2 

August 24,2004 

In keeping with the spirit of the 120-day consultation period provided by the Clean Air 

Act, Kentucky submits herewith additional information to support its original recommendation. 

Based on a detailed analysis of EPA's June 29, 2004 response, Kentucky is of the opinion that 

only the urban counties of Jefferson and Fayette should be designated as not meeting the annual 

fine particulate standard. Additional information is enclosed that supports the following 

designation recommendations: 

DESIGNATION Comm 

Nonattainment Jefferson 

Nonattainment Fayette (partial) 

Attainment Rest of State 

Kentucky will comply with the Clean Air Act and cooperate with U.S. EPA in 

improvement of air quality for the citizens of the Commonwealth. However, Kentucky remains 

concerned about the potential impact of nonattainment designations since implementation 

requirements for nonattainment areas have not yet been determined. 

Please call me if you have any questions. My staff will be contacting Beverly Banister to 

request an opportunity for a face-to-face meeting to discuss the additional information we are 

providing. 

Sincerely, 

~a.bda S. Wilcher 

Secretary 

LSW/cam 

Enclosure 

c: Beverly Banister 

Lloyd Cress 

John Lyons 

Lona Brewer 
February 20,2004 

Mr. James I. Palmer, Jr. 

Regional Administrator 

U. S. EPA, Region 4 

Atlanta Federal Center 

6 1 Forsyth Street, S.W. 

Atlanta, Georgia 30303-8960 

Dear Mr. Palmer: 

On May 21, 2003, you no1 tified Kentucky's Governor that proposed bounc dary 

designations under the new PM2.5 fine particulate standard were due by February 15, 2004. At 

that time, EPA recommended that states use 2000-2002 fine particulate monitoring data to make 

those recommendations. Your office transmitted guidance dated April 1, 2003, fkom Jeffrey 

Holmstead setting presumptive nonattainment boundaries and offering states an opportunity to 

address several factors in assessing whether to exclude portions of metropolitan areas fiom 

nonattainrnent designation. 

EPA has yet to release draft implementation guidance on what the potential impacts may 

be for areas designated as nonattainment under the new fine particulate standard. States will be 

faced with many challenges implementing this standard. Having no clear guidance on 

implementation issues associated with these designations impedes our ability to explain potential 

impacts of the designations to our local communities. 

Nonetheless, section 107 of the Clean Air Act requires states to propose designations for 

areas within their respective boundaries, as attainment or nonattainment areas. In order to 

comply with those provisions in the Act, Kentucky offers the following designation 

recommendations under the PM2, standard. Supporting documentation, based on EPA's 

guidance criteria is enclosed. 
James. I. Palmer 

Page 2 

February 20,2004 

Desienation Countv 

Nonattainment 

 ona attainment 

Jefferson 

Fayette 

Defer Designation Boyd 

Attainment Rest of State 

You will note that Kentucky has chosen to defer designation of Boyd County as either 

attainment or nonattainment for PM,,,. This is due to the significant variations in the ambient 

monitoring data, the substantial decline in emissions within Boyd County, and the current 

anticipated improvements in air quality in the tri state metropolitan statistical area over the next 

two years. As these improvements will be achieved well before any control plans might 

conceivably be implemented, it appears premature to make a determination for Boyd County at 

this time. Jefferson and Fayette Counties are designated as nonattainment, and all remaining 

counties are designated as attainment. 

Kentucky wishes to comply with the Act and cooperate with U.S. EPA to improve and 

preserve air quality for the citizens of the Commonwealth. We remain concerned about the 

environmental and economic impacts of implementation of this standard, since implementation 

requirements for these areas are still being debated on a national level. Therefore, I urge EPA to 

complete its implementation guidelines as quickly and judiciously as possible. 

Please call me if you have any questions or would like to discuss in greater detail. 

Sin 7 ely, 

Secretary 

Enclosure 

c: Kay Prince 

John Lyons 

Lona Brewer