[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Proposed Rules]
[Pages 24813-24815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11504]



=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-84-6856; FRL-5205-2]


Control Strategy: Ozone (O<INF>3); Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve an exemption from the oxides of 
nitrogen (NO<INF>X) reasonably available control technology (RACT) and 
the general conformity requirements of the Clean Air Act as amended in 
1990 (CAA) for the Kentucky portion of the Cincinnati moderate ozone 
(O<INF>3) nonattainment area. The request for a NO<INF>X RACT exemption 
was submitted on November 11, 1994, by the Commonwealth of Kentucky 
through the Natural Resources and Environmental Protection Cabinet 
(Cabinet). The NO<INF>X RACT exemption request is based upon the most 
recent [[Page 24814]] three years of monitoring data, which demonstrate 
that additional reductions of NO<INF>X would not contribute to 
attainment of the National Ambient Air Quality Standards (NAAQS).

DATES: Comments on this proposed action must be received in writing by 
June 9, 1995.

ADDRESSES: Written comments should be addressed to: Scott Southwick; 
Stationary Source Planning Unit, Regulatory Planning and Development 
Section; Air Programs Branch; Air, Pesticides, and Toxics Management 
Division; U.S. Environmental Protection Agency, Region 4; 345 Courtland 
Street NE., Atlanta, Georgia 30365.
    A copy of the exemption request is available for inspection at the 
following locations (it is recommended that you contact Scott Southwick 
at (404) 347-3555 extension 4207 before visiting the Region 4 office).

United States Environmental Protection Agency; Air, Pesticides, and 
Toxics Management Division, Air Programs Branch, Regulatory Planning 
and Development Section; Stationary Source Planning Unit, 345 Courtland 
Street NE., Atlanta, Georgia 30365.
Department for Environmental Protection Natural Resources and 
Environmental Protection Cabinet, 803 Schenkel Lane Frankfort, Kentucky 
40601.

FOR FURTHER INFORMATION CONTACT: Scott Southwick, Stationary Source 
Planning Unit, Regulatory Planning and Development Section, Air 
Programs Branch; Air Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, 345 Courtland Street NE., Atlanta, 
Georgia 30365. Reference file KY-84-6856. (404) 347-3555 ext. 4207.

SUPPLEMENTARY INFORMATION: The air quality planning requirements for 
the reduction of NO<INF>X emissions are set out in section 182(f) of 
the CAA, which requires states with nonattainment areas of moderate and 
above to require the same provisions for major stationary sources of 
NO<INF>X as apply to major stationary sources of volatile organic 
compounds (VOCs). One of the requirements of major sources of VOCs is 
RACT. Therefore, per section 182 of the CAA, RACT is also a requirement 
for major sources of NO<INF>X. However, under section 182(f)(1)(A) of 
the CAA, an exemption from NO<INF>X requirements may be granted for 
nonattainment areas outside an ozone transport region if additional 
reductions of NO<INF>X would not contribute to attainment. The NO<INF>X 
RACT exemption request is based upon the most recent three years of 
monitoring data, which demonstrate that additional reductions of 
NO<INF>X would not contribute to attainment of the National Ambient Air 
Quality Standards (NAAQS). Additionally, if EPA grants such an 
exemption, NO<INF>X general conformity will not apply as stated in 
EPA's conformity rules (58 FR 63214, and 59 FR 31238).
    The criteria established for the evaluation of an NO<INF>X RACT 
exemption request from the section 182(f) requirements are set forth in 
an EPA memorandum from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, dated May 27, 1994, entitled, ``Section 182(f) 
Nitrogen Oxides (NO<INF>X) Exemptions--Revised Process and Criteria,'' 
an EPA memorandum from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, dated December 16, 1993, entitled, ``Guideline 
for Determining the Applicability of Nitrogen Oxide Requirements Under 
Section 182(f),'' dated December 16, 1993; and a EPA memorandum from 
John S. Seitz, Director, Office of Air Quality Planning and Standards, 
dated February 8, 1995, entitled, ``Section 182(f) Nitrogen Oxides 
(NO<INF>X) Exemptions--Revised Process and Criteria.'' The February 8, 
1995, memorandum referenced above decouples the section 182(f) 
exemptions from NO<INF>X transport issues. In an area that did not 
implement the section 182(f) NO<INF>X requirements, but did attain the 
O<INF>3 standard as demonstrated by ambient air monitoring data 
(consistent with 40 CFR Part 58 and recorded in the EPA's Aerometric 
Information Retrieval system (AIRS)), it is clear that the additional 
NO<INF>X reductions required by section 182(f) would not contribute to 
attainment of the NAAQS in that area.
    On November 11, 1994, the Commonwealth of Kentucky submitted to EPA 
Region 4 a request to redesignate the Kentucky portion of the 
Cincinnati moderate O<INF>3 nonattainment area to attainment. The 
redesignation request is currently under review and will be addressed 
in a separate rulemaking. On the same date the Commonwealth requested 
that the Kentucky portion of the Cincinnati area be exempt from the 
NO<INF>X RACT requirement in section 182(f) of the CAA. The exemption 
request is based upon ambient air monitoring data from 1992, 1993, and 
1994. There are eleven monitors measuring O<INF>3 concentrations in the 
Cincinnati nonattainment area. EPA has reviewed the ambient air 
monitoring data for the eleven monitors (consistent with the 
requirements contained in 40 CFR Part 58 and recorded in AIRS) 
submitted by the Commonwealth of Kentucky in support of the exemption 
request.
    EPA has found that one monitor in Warren County has had two 
exceedances in 1994. However, EPA has determined that all monitors in 
the nonattainment area have an expected exceedance rate of less than 
1.1 per year. Therefore, this area is meeting the O<INF>3 NAAQS 
standard in the entire Cincinnati area for the relevant three year 
period. Because the Cincinnati area is meeting the O<INF>3 NAAQS, this 
exemption request for the area meets the applicable requirements 
contained in the EPA policy and guidance documents referenced above. On 
January 17, 1995, EPA proposed approval of Ohio's request for exemption 
from the NO<INF>X requirements for the Ohio portion of this 
nonattainment area (60 FR 3361).
    Upon the redesignation of this area to attainment for O<INF>3, 
NO<INF>X RACT would become a contingency measure within the approved 
maintenance plan for the area. While the area is still designated 
nonattainment, the continuation of the section 182(f) exemption granted 
herein is contingent upon continued monitoring and continued 
maintenance of the O<INF>3 NAAQS in the entire Cincinnati nonattainment 
area. If there is a violation of the O<INF>3 NAAQS in any portion of 
the Cincinnati nonattainment area, the exemption will no longer be 
applicable as of the date of any such determination. Should this occur, 
EPA will provide notice in the Federal Register. A determination that 
the NO<INF>X exemption no longer applies would mean that NO<INF>X RACT 
and NO<INF>X general conformity requirements would immediately be 
applicable to the affected area. EPA believes some reasonable period of 
notice is necessary to provide major stationary sources subject to the 
RACT requirements time to purchase, install, and operate any required 
controls. Accordingly, the Commonwealth may provide sources a 
reasonable time period to meet the RACT emission limits after the EPA 
determination that NO<INF>X RACT requirements are necessary. EPA 
expects the time period to be as expeditious as practicable, but in no 
case longer than 24 months.

Proposed Action

    EPA is proposing approval of Kentucky's request to exempt the 
Kentucky portion of the Cincinnati moderate O<INF>3 nonattainment area 
from the section 182(f) NO<INF>X RACT requirement. In addition, EPA is 
proposing to exempt Kentucky from NO<INF>X general conformity 
requirements. This proposed approval is based upon the evidence 
provided by Kentucky [[Page 24815]] showing compliance with the 
requirements outlined in the CAA and in applicable EPA guidance. If a 
violation of the O<INF>3 NAAQS occurs in any portion of the Cincinnati 
area while the area is designated nonattainment, the exemption from the 
NO<INF>X RACT and NO<INF>X general conformity requirements of section 
182(f) of the CAA in the applicable area shall no longer apply.
    This action is not a SIP revision and is not subject to the 
requirements of section 110 of the CAA. The authority to approve or 
disapprove exemptions from NO<INF>X requirements under section 182 of 
the CAA was delegated to the Regional Administrator from the 
Administrator in a memo dated July 6, 1994, from Jonathan Cannon, 
Assistant Administrator, to the Administrator, titled, ``Proposed 
Delegation of Authority: `Exemptions from Nitrogen Oxide Requirements 
Under Clean Air Act section 182(f) and Related Provisions of the 
Transportation and General Conformity Rules' Decision Memorandum.''
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000. This rule approves an exemption from a CAA requirement. 
Therefore, I certify that it does not have a significant impact on any 
small entities affected.

Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 182 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. To the extent that the rules being proposed for 
approval by this action would impose no new requirements; such sources 
are already subject to these regulations under State law. Accordingly, 
no additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this proposed action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: April 24, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-11504 Filed 5-9-95; 8:45 am]
BILLING CODE 6560-50-P