[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]