[Code of Federal Regulations]
[Title 40, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR52.930]

[Page 686-687]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 52_APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
--Table of Contents
 
                           Subpart S_Kentucky
 
Sec.  52.930  Control strategy: Ozone.

    (a) The VOC bubble for Alcan Foil Products in Louisville submitted 
as a SIP revision on March 3, 1986, is disapproved. The source must 
continue to meet all the requirements of Jefferson County Regulation 
6.29.
    (b) Part D--disapproval--(1) Campbell and Kenton Counties 
nonattainment area. The 1979 SIP revisions for these two counties are 
disapproved because the Commonwealth failed to submit evidence of legal 
authority to implement a vehicle inspection and maintenance program as 
required under section 172(b)(11)(B) of the Clean Air Act. No major new 
or modified sources of volatile organic compounds can be built in these 
two counties by virtue of the provisions of section 110(a)(2)(l) of the 
Clean Air Act.
    (2) Northern Kentucky (Boone, Campbell and Kenton Counties) ozone 
nonattainment area. The demonstration of attainment of the ozone 
standards by the end of 1982, submitted as part of Kentucky's ozone SIP 
revision on June 23, 1982, (draft), September 27, 1982, and November 3, 
1982, is disapproved. As a result, the extension of the attainment 
deadline until December 31, 1987, remains in effect, along with the 
related requirement to submit a SIP revision addressing all requirements 
of Part D extension areas.
    (c) The redesignation request submitted by the Commonwealth of 
Kentucky, on November 11, 1994, for the Kentucky portion of the 
Cincinnati-Northern Kentucky moderate interstate ozone nonattainment 
area from nonattainment to attainment was disapproved on September 27, 
1996.
    (d) Kentucky's November 15, 1996, request for a 1-year attainment 
date extension for the Kentucky portion of the Cincinnati-Hamilton 
metropolitan moderate ozone nonattainment area which consists of Kenton, 
Boone, and Campbell Counties is approved. The date for attaining the 
ozone standard in these counties is November 15, 1997.
    (e) Kentucky's November 15, 1996, request for a 1-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.
    (f) Kentucky's January 7, 1998, request for a 1-year attainment date 
extension for the Kentucky portion of the Cincinnati-Hamilton 
metropolitan moderate ozone nonattainment area which consists of Kenton, 
Boone, and Campbell Counties is approved. The

[[Page 687]]

date for attaining the ozone standard in these counties is November 15, 
1998.
    (g) The redesignation request submitted by the Commonwealth of 
Kentucky, on October 29, 1999, for the Kentucky portion of the 
Cincinnati-Hamilton moderate interstate ozone nonattainment area from 
nonattainment to attainment was approved on July 5, 2000. The mobile 
source budgets for the Kentucky portion of the area for the purposes of 
transportation conformity are now 5.83 tons per summer day of volatile 
organic compounds and 15.13 tons per summer day of nitrogen oxides for 
the year 2010.
    (h) Determination--EPA is determining that as of July 5, 2000, the 
Kentucky portion of the Cincinnati-Hamilton ozone nonattainment area 
(which includes the Counties of Boone, Kenton, and Campbell) has 
attained the 1-hour ozone standard and that the attainment demonstration 
requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the 
section 172(c)(9) contingency measure requirements, do not apply to the 
area.
    (i) Approval--EPA is approving an exemption from the requirements 
contained in section 182(f) of the Clean Air Act. This approval exempts 
Boone, Kenton, and Campbell counties in Kentucky from the NOX 
related general conformity provisions; nonattainment NSR for new sources 
and modifications that are major for NOX; NOX 
RACT; and the requirement for a demonstration of compliance with the 
enhanced I/M performance standard for NOX.
    (j) [Reservd]
    (k) The redesignation request submitted by the Commonwealth of 
Kentucky, on March 30, 2001, and supplemented on July 9, 2001, for the 
Kentucky portion of the Louisville moderate interstate ozone 
nonattainment area from nonattainment to attainment was approved on 
October 23, 2001. The motor vehicle emissions budgets for VOC and 
NOX in the Kentucky portion of the Louisville moderate 
interstate maintenance plan are adequate for conformity purposes and 
approvable as part of the maintenance plan. The 1-hour ozone standard 
maintenance plan motor vehicle emission budgets for the entire 
interstate Louisville area for the purposes of transportation conformity 
are now 48.17 tons per summer day of VOC and 92.93 tons per summer day 
of NOX for the year 2012.

[46 FR 58082, Nov. 30, 1981, as amended at 48 FR 13169, Mar. 30, 1983; 
51 FR 10210, Mar. 25, 1986; 54 FR 10983, Mar. 16, 1989; 60 FR 32469, 
June 22, 1995; 60 FR 40101, Aug. 7, 1995; 61 FR 50720, Sept. 27, 1996; 
62 FR 28637, May 27, 1997; 62 FR 40281, July 28, 1997; 62 FR 55176, Oct. 
23, 1997; 62 FR 61246, Nov. 17, 1997; 63 FR 14625, Mar. 26, 1998; 65 FR 
37898, June 19, 2000; 66 FR 53685, Oct. 23, 2001]