

[Federal Register: July 5, 2007 (Volume 72, Number 128)]
[Rules and Regulations]               
[Page 36601-36605]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy07-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-RO4-OAR-2006-0584-200723; FRL-8335-4]

 
Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Kentucky: Redesignation of 
the Kentucky Portion of the Louisville 8-Hour Ozone Nonattainment Area 
to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a request, submitted on September 29, 2006, 
from the Commonwealth of Kentucky (Kentucky), through the Kentucky 
Division for Air Quality (KDAQ), to redesignate the Kentucky portion of 
the bi-State Louisville 8-hour ozone nonattainment area to attainment 
for the 8-hour National Ambient Air Quality Standard (NAAQS). The 
Kentucky portion of the bi-State Louisville 8-hour ozone nonattainment 
area (hereafter referred to as the ``Kentucky State Louisville Area'') 
is comprised of three Kentucky Counties--Bullitt, Jefferson and Oldham. 
The Indiana portion of the bi-State Louisville 8-hour ozone 
nonattainment area is comprised of two Indiana Counties--Clark and 
Floyd. EPA's approval of Kentucky's redesignation request is based upon 
the determination that Kentucky has demonstrated that the Kentucky 
State Louisville Area has met the criteria for redesignation to 
attainment specified in the Clean Air Act (CAA), including the 
determination that the entire (both the Kentucky and Indiana portions) 
bi-State Louisville 8-hour ozone nonattainment area has attained the 8-
hour ozone standard. Additionally, EPA is approving the 8-hour ozone 
maintenance plan for the Kentucky State Louisville Area, including the 
regional motor vehicle emission budgets (MVEBs) for nitrogen oxides 
(NOX) and volatile organic compounds (VOCs) which cover the 
Kentucky and Indiana portions of this bi-State area. In July and 
September 2006, Indiana submitted a redesignation request and 
maintenance plan for the Indiana portion of this 8-hour ozone area with 
identical MVEBs to those reflected in Kentucky's maintenance plan. EPA 
is taking action on that redesignation request and maintenance plan in 
a separate action. This final rule also addresses a comment made on 
EPA's proposed rulemaking for this action, previously published April 
27, 2007 (72 FR 20966).

EFFECTIVE DATE: This rule will be effective August 6, 2007.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-RO4-OAR-2006-0584. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed in the 

index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or in hard 

copy at the Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 to 4:30, excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Ms. LeSane can be reached via 
telephone number at (404) 562-9074 or electronic mail at 
LeSane.Heidi@epa.gov.


SUPPLEMENTARY INFORMATION:


Table of Contents

I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Are We Taking These Actions?
IV. What Are the Effects of These Actions?
V. Response to Comments
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What Is the Background for the Actions?

    On September 29, 2006, Kentucky, through the KDAQ, submitted a 
request to redesignate the Kentucky bi-State Louisville Area to 
attainment for the 8-hour ozone standard, and for EPA approval of the 
Kentucky State Implementation Plan (SIP) revision containing a 
maintenance plan for the Kentucky State Louisville Area. In an action 
published on April 27, 2007 (72 FR 20966), EPA proposed to approve the 
redesignation of the Kentucky State Louisville Area to attainment. EPA 
also proposed approval of Kentucky's plan for maintaining the 8-hour 
NAAQS as a SIP revision, and proposed to approve the regional MVEBs for 
the Kentucky bi-State Louisville Area that were contained in the 
maintenance plan. This rule is EPA's final action on the April 27, 
2007, proposed rule.
    During the comment period for EPA's proposal, one commenter 
submitted an adverse comment. EPA is addressing that comment in this 
action, and is taking final action as described in Section II and 
Section V of this rulemaking.
    EPA is also providing information on the status of the Agency's 
transportation conformity adequacy determination for the new regional 
MVEBs for the years 2003 and 2020 that are contained in the maintenance 
plan for the Kentucky bi-State Louisville Area. These MVEBs are 
identical to those reflected in Indiana's maintenance plan for this bi-
State area. The maintenance plans establish the following regional 
MVEBs for the Kentucky bi-State Louisville Area.

             Kentucky Bi-State Louisville 8-Hour Ozone MVEBs
                             [Tons per day]
------------------------------------------------------------------------
                                                          2003     2020
------------------------------------------------------------------------
VOC...................................................    40.97    22.92
NOX...................................................    95.51    29.46
------------------------------------------------------------------------

    EPA's adequacy public comment period on these budgets (as contained 
in Kentucky's submittal) began on April 27, 2007, and closed on May 29, 
2007.

[[Page 36602]]

No comments related to the adequacy of the MVEBs were received during 
EPA's adequacy public comment period.
    Consequently, in a letter dated June 18, 2007, to John Lyons, 
Director of the Kentucky Department of Air Quality, and Art Williams, 
Director of Jefferson County Air Pollution Control District, EPA 
informed Kentucky of its intention to find the new 2003 and 2020 MVEBs 
for VOC and NOX adequate for transportation conformity 
purposes. The State of Indiana was also informed of EPA's intentions in 
a letter date June 18, 2007. Subsequently, in a separate Federal 
Register notice, EPA is finding the 2003 and 2020 MVEBs, as contained 
in Kentucky's submittal, adequate. A similar notice was published for 
these MVEBs as contained in Indiana's submittal. These MVEBs meet the 
adequacy criteria contained in the Transportation Conformity Rule. The 
new regional MVEBs are thus currently being used for transportation 
conformity determinations.
    Various aspects of EPA's Phase 1 8-hour ozone implementation rule 
were challenged in court and on December 22, 2006, the U.S. Court of 
Appeals for the District of Columbia Circuit (D.C. Circuit Court) 
vacated EPA's Phase 1 Implementation Rule for the 8-hour Ozone 
Standard. (69 FR 23951, April 30, 2004.) South Coast Air Quality 
Management Dist. (SCAQMD) v. EPA, 472 F. 3d 882 (DC Cir. 2006). On June 
8, 2007, in response to several petitions for rehearing, the D.C. 
Circuit clarified that the Phase 1 Rule was vacated only with regard to 
those parts of the rule that had been successfully challenged. 
Therefore, the Phase 1 Rule provisions related to classifications for 
areas currently classified under subpart 2 of title I, part D of the 
Act as 8-hour nonattainment areas, the 8-hour attainment dates and the 
timing for emissions reductions needed for attainment of the 8-hour 
ozone NAAQS remain effective. The June 8th decision left intact the 
Court's rejection of EPA's reasons for implementing the 8-hour standard 
in certain nonattainment areas under subpart 1 in lieu of subpart 2. By 
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour standard and those anti-backsliding provisions of the Phase 1 Rule 
that had not been successfully challenged. The June 8th decision 
reaffirmed the December 22, 2006, decision that EPA had improperly 
failed to retain four measures required for 1-hour nonattainment areas 
under the anti-backsliding provisions of the regulations: (1) 
Nonattainment area New Source Review (NSR) requirements based on an 
area's 1-hour nonattainment classification; (2) Section 185 penalty 
fees for 1-hour severe or extreme nonattainment areas; (3) measures to 
be implemented pursuant to section 172(c)(9) or 182(c)(9) of the Act, 
on the contingency of an area not making reasonable further progress 
toward attainment of the 1-hour NAAQS, or for failure to attain that 
NAAQS; and (4) certain transportation conformity requirements for 
certain types of federal actions. The June 8th decision clarified that 
the Court's reference to conformity requirements was limited to 
requiring the continued use of 1-hour MVEBs until 8-hour budgets were 
available for 8-hour conformity determinations.
    For the reasons set forth in the proposal action for the Kentucky 
bi-state Louisville Area, EPA does not believe that the Court's rulings 
alter any requirements relevant to this redesignation action so as to 
preclude redesignation, and do not prevent EPA from finalizing this 
redesignation. EPA believes that the Court's December 22, 2006, and 
June 8, 2007, decisions impose no impediment to moving forward with 
redesignation of this area to attainment, because even in light of the 
Court's decisions, redesignation is appropriate under the relevant 
redesignation provisions of the Act and longstanding policies regarding 
redesignation requests.

II. What Actions Is EPA Taking?

    EPA is taking final action to approve Kentucky's redesignation 
request and to change the legal designation of the Kentucky bi-State 
Louisville Area from nonattainment to attainment for the 8-hour ozone 
NAAQS. EPA's response to the only comment received on the April 27, 
2007, proposed rule, is described in Section III below. The entire bi-
State Louisville 8-hour ozone nonattainment area is comprised of three 
Kentucky Counties--Bullitt, Jefferson, and Oldham, and two Indiana 
Counties--Clark and Floyd. This final action addresses only the 
Kentucky portion of the bi-state Louisville 8-hour ozone area. EPA will 
take action on the redesignation request and maintenance plan for the 
Indiana portion of this area in a separate action. EPA is also 
approving Kentucky's 8-hour ozone maintenance plan for Bullitt, 
Jefferson, and Oldham counties (such approval being one of the CAA 
criteria for redesignation to attainment status). The maintenance plan 
is designed to help keep the Kentucky state Louisville Area in 
attainment for the 8-hour ozone NAAQS through 2020. These approval 
actions are based on EPA's determination that Kentucky has demonstrated 
that the Kentucky state Louisville Area has met the criteria for 
redesignation to attainment specified in the CAA, including a 
demonstration that the entire bi-state Louisville area has attained the 
8-hour ozone standard. EPA's analyses of Kentucky's 8-hour ozone 
redesignation request and maintenance plan are described in detail in 
the proposed rule published April 27, 2007 (72 FR 20966).
    Consistent with the CAA, the maintenance plan that EPA is approving 
today also includes 2003 and 2020 regional MVEBs for NOX and 
VOCs. In this action, EPA is approving these 2003 and 2020 MVEBs. For 
regional emission analysis years that involve years prior to 2020, the 
applicable budget, for the purpose of conducting transportation 
conformity analyses, are the new 2003 MVEBs. For regional emission 
analysis years that involve the year 2020 and beyond, the applicable 
budget, for the purpose of conducting transportation conformity 
analyses, are the new 2020 MVEBs. EPA determined that the 2003 and 2020 
MVEBs are adequate through a previous action. EPA is approving such 
MVEBs in this action.
    Additionally, in this action, EPA is responding to the one comment 
received on the April 27, 2007 (72 FR 20966), rulemaking proposing to 
approve the redesignation request and the maintenance plan SIP 
revision.

III. Why Are We Taking These Actions?

    EPA has determined that the entire bi-state Louisville area has 
attained the 8-hour ozone standard and has also determined that 
Kentucky has demonstrated that all other criteria for the redesignation 
of the Kentucky State Louisville Area from nonattainment to attainment 
of the 8-hour ozone NAAQS have been met. See, section 107(d)(3)(E) of 
the CAA. EPA is also taking final action to approve the maintenance 
plan for the Kentucky State Louisville Area as meeting the requirements 
of sections 175A and 107(d) of the CAA. Furthermore, EPA is approving 
the 2003 and 2020 MVEBs contained in Kentucky's maintenance plan 
because these MVEBs are consistent with maintenance for the entire bi-
state Louisville area. In the April 27, 2007, proposal to redesignate 
the Kentucky State Louisville Area, EPA described the applicable 
criteria for redesignation to attainment and its analysis of how those 
criteria have been met. The rationale for EPA's findings and actions is 
set forth in the proposed rulemaking and summarized in this rulemaking.

IV. What Are the Effects of These Actions?

    Approval of the redesignation request changes the official 
designation of

[[Page 36603]]

Bullitt, Jefferson, and Oldham Counties for the 8-hour ozone NAAQS, 
found at 40 CFR Part 81. It also incorporates into the Kentucky SIP a 
plan for maintaining the 8-hour ozone NAAQS in the area through 2020. 
The maintenance plan includes contingency measures to remedy future 
violations of the 8-hour ozone NAAQS, and establishes MVEBs for the 
years 2003 and 2020 for the entire bi-state Louisville area.

V. Response to Comments

    EPA received comments from one individual in response to the April 
27, 2007, proposal to redesignate the Kentucky State Louisville Area. 
72 FR 20966. The following is a summary of the adverse comment received 
and EPA's response to that comment.
    Comment: Kentucky Resource Council states that the data reflects 
that Louisville Gas & Electric's (LG&E) power plants, Trimble, Ghent 
and Mill Creek, are running at low NOX emission rates due to 
recent installation of selective catalytic reduction control 
technology. To the extent that these reductions achieved by the 
utilities to aid compliance with the NOX SIP call are relied 
upon by the District and Kentucky in order to demonstrate attainment or 
maintenance of attainment, those emission reductions must be made 
permanent and enforceable. As a cap and trade program, the 
NOX SIP call would not itself require that the utilities 
continue to operate at such a low emissions rate from these units.
    Response: In evaluating attainment and future maintenance of the 8-
hour ozone standard in the Louisville area, the Commonwealth of 
Kentucky and EPA utilized current air quality monitoring data and 
future projected emissions data based upon enforceable, permanent 
reductions. Some of these reductions are related to regional 
NOX reduction programs, such as the NOX SIP Call 
and the Clean Air Interstate Rule. As discussed in the redesignation 
proposal, the emissions analysis for the Louisville area indicates that 
the area will continue to maintain the 8-hour ozone standard until at 
least 2020 without taking into account the reductions from LG&E's use 
of specific control technology. The projected NOX levels 
without reductions from the NOX SIP Call for the years 2005, 
2008, 2011, 2014, 2017 and 2020, continue to show reductions below the 
base year, which demonstrate maintenance as summarized in the table 
below. We expect the area will continue to benefit from the reductions 
due to control equipment installed to meet the NOX SIP Call. 
However, EPA's analysis indicates that the area will continue to 
maintain even without those reductions.

                  Actual and Projected NOX Emissions for Bullitt, Jefferson and Oldham Counties
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
             Categories                 2003       2005       2008       2011       2014       2017       2020
----------------------------------------------------------------------------------------------------------------
               Point
Bullitt............................       0.60       0.61       0.64       0.65       0.68       0.71       0.72
Jefferson..........................      74.48      53.95      53.63      50.91      51.76      51.24      46.49
Oldham.............................       0.09       0.09       0.09       0.10       0.10       0.10       0.10
                                    ----------------------------------------------------------------------------
    Area Subtotal..................      75.47      54.65      54.36      51.66      52.54      52.05      47.31
----------------------------------------------------------------------------------------------------------------
               Point
Bullitt............................       0.11       0.11       0.12       0.12       0.13       0.13       0.14
Jefferson..........................       0.75       0.76       0.76       0.76       0.76       0.76       0.76
Oldham.............................       0.07       0.07       0.07       0.08       0.09       0.09       0.09
                                    ----------------------------------------------------------------------------
    Area Subtotal..................       0.93       0.94       0.95       0.96       0.98       0.98       0.99
----------------------------------------------------------------------------------------------------------------
              Mobile*
Bullitt............................       7.52       7.23       5.99       4.83       3.84       3.17       2.73
Jefferson..........................      63.29      54.96      41.55      29.62      19.76      13.87      11.02
Oldham.............................       4.43       4.36       3.58       2.88       2.34       1.96       1.72
                                    ----------------------------------------------------------------------------
    Mobile Subtotal................      75.24      66.55      51.12      37.33      25.94      19.00      15.47
----------------------------------------------------------------------------------------------------------------
              Nonroad
Bullitt............................       1.81       1.78       1.70       1.60       1.47       1.35       1.27
Jefferson..........................      31.94      31.11      29.36      27.37      25.26      23.44      22.17
Oldham.............................       1.63       1.59       1.49       1.37       1.22       1.07       0.95
                                    ----------------------------------------------------------------------------
    Nonroad Total..................      35.38      34.48      32.55      30.34      27.95      25.86      24.39
                                    ----------------------------------------------------------------------------
        Total with NOX SIP Call        187.02*     156.62     138.98     120.29     107.41      97.89      88.16
         Reductions................
----------------------------------------------------------------------------------------------------------------
Reductions due to NOX SIP Call.....  .........      20.88      21.25      23.93      23.05      23.54      28.25
                                    ----------------------------------------------------------------------------
        Total without NOX SIP Call   .........     177.50     160.23     144.22     130.46     121.43    116.41
         reductions................
----------------------------------------------------------------------------------------------------------------
* Actual baseline emissions.

Without taking credit for NOX SIP Call reductions, projected 
emissions are below the baseline emissions for attainment.

VI. Final Action

    After evaluating Kentucky's redesignation request and the comments 
received, EPA is taking final action to approve the redesignation and 
change the legal designation of the Kentucky state Louisville Area from 
nonattainment to attainment for the 8-hour ozone NAAQS. Through this 
action, EPA is also approving into the Kentucky SIP, the 8-hour ozone 
maintenance plan for Bullitt, Jefferson,

[[Page 36604]]

and Oldham Counties, which includes the new 2003 MVEBs of 40.97 tpd for 
VOC, and 95.51 tpd for NOX, and 2020 MVEBs of 22.92 tpd for 
VOC, and 29.46 tpd for NOX for the entire bi-state 
Louisville area. These identical MVEBs are reflected in Indiana's 8-
hour maintenance plan which was developed for Clark and Floyd Counties, 
as part of this bi-state 8-hour ozone area. EPA is taking action on the 
Indiana SIP through a separate rulemaking.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely affects the status of a 
geographical area, does not impose any new requirements on sources or 
allow a state to avoid adopting or implementing other requirements, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant and because the Agency does not have 
reason to believe that the rule concerns an environmental health risk 
or safety risk that may disproportionately affect children.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 September 4, 2007. 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) of the CAA.)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 27, 2007.
J.I. Palmer Jr.,
Regional Administrator, Region 4.

0
40 CFR part 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart S--Kentucky

0
2. Section 52.920(e) is amended by adding a new entry at the end of the 
table for ``Louisville 8-hour Ozone Maintenance Plan'' to read as 
follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable        State submittal
   Name of nonregulatory SIP        geographic or      date/effective     EPA approval date      Explanation
           provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Louisville 8-hour Ozone          Bullitt County,     ..................  07/05/07 [Insert
 Maintenance Plan.                Jefferson County,                       first page of
                                  Oldham County.                          publication].
----------------------------------------------------------------------------------------------------------------


[[Page 36605]]

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  81.318, the table entitled ``Kentucky-Ozone (8-Hour 
Standard)'' is amended by revising the entry for ``Louisville, KY-IN'', 
``Bullitt County'', ``Jefferson County'', and ``Oldham County'' to read 
as follows:


Sec.  81.318  Kentucky.

* * * * *

                                                            Kentucky-Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Designation \a\                                     Category/classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Louisville, KY-IN:
    Bullitt County......................     08/06/07  Attainment...............................
    Jefferson County....................     08/06/07  Attainment...............................
    Oldham County.......................     08/06/07  Attainment...............................

                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
 [FR Doc. E7-13003 Filed 7-3-07; 8:45 am]

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