††††† 401 KAR 51:010. Attainment status designations.

 

††††† RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 40 C.F.R. 50, 51, 52, 53, 58, 75, 81.318, 42 U.S.C. 7401-7671q

††††† STATUTORY AUTHORITY: KRS 224.10-100(5), 224.20-110, 42 U.S.C. 7407

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. This administrative regulation designates the status of all areas of the Commonwealth of Kentucky with regard to attainment of the ambient air quality standards.

 

††††† Section 1. Definitions. (1) "Rest of state" means the remainder of the state has been designated and identified on a county by county basis.

††††† (2) "Road" means a Kentucky route, a county road, a lane, or a U.S. route, highway, or interstate.

††††† (3) "Statewide" means the entire state has been designated on a county by county basis.

 

††††† Section 2. Attainment Status Designations. (1) The attainment status of areas of the Commonwealth of Kentucky with respect to the ambient air quality standards for carbon monoxide, lead, nitrogen oxides, ozone, particulate matter, and sulfur dioxide is listed in Sections 4 through 10 of this administrative regulation.

††††† (2) Within sixty (60) days of revision by the U.S. Environmental Protection Agency (U.S. EPA) of a national ambient air quality standard, the cabinet shall review applicable data and submit to the U.S. EPA a revision to the attainment - nonattainment list pursuant to 42 U.S.C. 7407(d)(1).

††††† (3) A road, junction, or intersection of two (2) or more roads as used in Section 7 of this administrative regulation that defines a nonattainment boundary for an area that is a portion of a county designated as nonattainment for ozone for any classification except marginal shall include as nonattainment an area extending 750 feet from the center of the road, junction, or intersection.

 

††††† Section 3. Attainment Timetable. Primary and secondary ambient air quality standards shall be attained as expeditiously as practicable.

 

††††† Section 4. Attainment Status Designations for Carbon Monoxide (CO). 1971 Standard:

Designated Area

Designation Type

Statewide

Unclassifiable/Attainment

 

††††† Section 5. Attainment Status Designations for Lead (Pb). 2008 Standard:

Designated Area

Designation Type

Statewide

Unclassifiable/Attainment

 

††††† Section 6. Attainment Status Designations for Nitrogen Oxides (NO2).

††††† (1) 1971 Annual Standard:

Designated Area

Does Not Meet Primary Standards

Cannot Be Classified or Better Than Standards

Statewide

 

X

 

††††† (2) 2010 One (1) Hour Standard:

Designated Area

Designation Type

Statewide

Unclassifiable/Attainment

 

††††† Section 7. Attainment Status Designations for Ozone (O3). (1) The 1971 One (1) Hour Standard was revoked effective June 15, 2005, for all areas in the Commonwealth of Kentucky. The Cincinnati-Hamilton, Edmonson County, Huntington-Ashland, Lexington-Fayette, Louisville, Owensboro, and Paducah areas shall be considered maintenance areas for the one (1) hour national ambient air quality standards for the purposes of 40 C.F.R. Part 51, Subpart X.

††††† (2) 1997 Eight (8) Hour Primary and Secondary Standard:

Designated Area

Designation Type

Boone County

Attainment(1)

Boyd County

Attainment(1)

Bullitt County

Attainment(1)

Campbell County

Attainment(1)

Christian County

Attainment(1)

Jefferson County

Attainment(1)

Kenton County

Attainment(1)

Oldham County

Attainment(1)

Rest of state

Unclassifiable/Attainment

††††† Footnote: (1) Existing sources located in areas previously designated as nonattainment shall continue to comply with all applicable conditions pursuant to 401 KAR Chapters 59 and 61.

 

††††† (3) 2008 Eight (8) Hour Primary and Secondary Standard:

Designated Area

Designation Type

Boone County (part)

2000 Census tracts: 701, 702, 703.01, 703.04, 703.05, 703.06, 703.07, 703.08, 703.09, 704.01, 704.02, 705.01, 705.02, 706.03

Attainment(1)

Campbell County (part)

2000 Census tracts: 501, 502, 503, 504, 505, 506, 511.01, 511.02, 512, 513, 519.01, 519.03, 519.04, 521, 522, 523.01, 523.02, 524, 525, 526, 528, 529, 530, 531

Attainment(1)

Kenton County (part)

2000 Census tracts: 603, 607, 609, 610, 611, 612, 613, 614, 616, 636.03, 636.04, 636.05, 636.06, 638, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655.01, 655.02, 656, 657, 658, 659, 668, 669, 670, 671

Attainment(1)

Rest of state

Unclassifiable/Attainment

††††† Footnote: (1) Existing sources located in areas previously designated as nonattainment shall continue to comply with all applicable conditions pursuant to 401 KAR Chapters 59 and 61.

 

††††† Section 8. Attainment Status Designations for PM2.5. (1) 1997 Annual Primary and Secondary Standard:

Designated Area

Designation Type

Classification

Boone County

Attainment(1)

 

Boyd County

Attainment(1)

 

Bullitt County

Nonattainment

Moderate

Campbell County

Attainment(1)

 

Jefferson County

Nonattainment

Moderate

Kenton County

Attainment(1)

 

Lawrence County (part)

The area described by U.S. Census 2000 block group identifier 21-127-9901-6

Attainment(1)

 

Rest of state

Unclassifiable/

Attainment

 

††††† Footnote: (1) Existing sources located in areas previously designated as nonattainment shall continue to comply with all applicable conditions pursuant to 401 KAR Chapters 59 and 61.

 

††††† (2) 2012 Annual PM2.5 Primary Standard:

Designated Area

Designation Type

Bullitt County (part)

2010 Census tracts: 201.01, 201.02, 201.03, 202.01, 202.02, 203, 204, 205, 206.01, 206.02, 207.01, 207.02, 208, 211.01, 211.02

Unclassifiable

Jefferson County

Unclassifiable

Rest of state

Unclassifiable/Attainment

 

††††† (3) 1997 Twenty-four (24) Hour Primary and Secondary Standard:

Designated Area

Designation Type

Statewide

Unclassifiable/Attainment

 

††††† (4) 2006 Twenty-four (24) Hour Primary and Secondary Standard:

Designated Area

Designation Type

Statewide

Unclassifiable/Attainment

 

††††† Section 9. Attainment Status Designations for Sulfur Dioxide (SO2). (1) 1971 Primary and Secondary Standard:

Designated Area

Does Not Meet Primary Standards

Does Not Meet Secondary Standards

Cannot Be Classified

Better Than National Standards

Statewide

 

 

 

X

 

††††† (2) 2010 Primary Standard:

 

Designated Area

Designation Type

Boyd County

Unclassifiable/Attainment

Campbell County (part)

That portion of Campbell County that lies south and west of the Ohio River described as follows: Beginning at geographic coordinates 38.9735 North Latitude, 84.3017 West Longitude on the edge of the Ohio River running southwesterly to Kentucky Hwy 1566; continuing running southwesterly along Kentucky Hwy 1566 to Kentucky Hwy 9 (AA Highway); running northwesterly along Kentucky Hwy 9 (AA Highway) from Hwy 1566 to Interstate 275; running northeasterly along Interstate 275 to Hwy 2345 (Johnís Hill Rd.), Hwy 2345 to US-27, US-27 to I-275, I-275 to the Ohio River; running southeasterly along the Ohio River from Interstate 275 to geographic coordinates 38.9735 North Latitude, 84.3017 West Longitude

Attainment(1)

Daviess County

Unclassifiable/Attainment

Fayette County

Unclassifiable/Attainment

Greenup County

Unclassifiable/Attainment

Henderson County

Unclassifiable/Attainment

Jefferson County (part)

That portion of Jefferson County compassed by the polygon with the vertices using Universal Transverse Mercator (UTM) coordinates in UTM zone 16 with datum NAD83: Ethan Allen Way extended to the Ohio River at UTM Easting (m) 595738, UTM Northing 4214086 and Dixie Hwy (US60 and US31W) at UTM Easting (m) 597515, UTM Northing 4212946; along Dixie Hwy from UTM Easting (m) 597515, UTM Northing 4212946 to UTM Easting (m) 595859, UTM Northing 4210678; Near the adjacent property lines of Louisville Gas and Electric-Mill Creek Electric Generating Station and Kosmos Cement where they join Dixie Hwy at UTM Easting (m) 595859, UTM Northing 4210678 and the Ohio River at UTM Easting (m) 595326, UTM Northing 4211014; Along the Ohio River from UTM Easting (m) 595326, UTM Northing 4211014 to UTM Easting (m) 595738, UTM Northing 4214086

Nonattainment

Jessamine County

Unclassifiable/Attainment

Livingston County

Unclassifiable/Attainment

McCracken County

Unclassifiable/Attainment

Rest of state

Unclassifiable

††††† Footnote: (1) Existing sources located in areas previously designated as nonattainment shall continue to comply with all applicable conditions pursuant to 401 KAR Chapters 59 and 61.

††††† Section 10. Attainment Status Designations for Total Suspended Particulates (TSP). 1971 Standard:

 

Designated Area

Does Not Meet Primary Standards

Does Not Meet Secondary Standards

Cannot Be Classified

Better Than National Standards

Bell County

 

 

 

X

Boyd County

 

 

X

 

That portion of Bullitt County in Shepherdsville

 

 

 

X

That portion of Campbell County in Newport

 

 

 

X

That portion of Daviess County in Owensboro bordered by the Ohio River on the north, by Frederica Street projected to the river on the west, by Fourth Street and U.S. 60 on the south, and by the Beltline (KY 212) projected to the river on the east

 

 

X

 

That portion of Henderson County in Henderson

 

 

X

 

Jefferson County

 

 

X

 

That portion of Lawrence County in Louisa

 

 

X

 

McCracken County

 

 

 

X

That portion of Madison County in Richmond

 

 

X

 

Marshall County

 

 

 

X

Muhlenberg County

 

 

 

X

That portion of Perry County in Hazard

 

 

X

 

That portion of Pike County in Pikeville

 

 

X

 

That portion of Whitley County in Corbin

 

 

 

X

Rest of state

 

 

 

X

(5 Ky.R. 364; Am. 986; eff. 6-6-79; 7 Ky.R. 226; eff. 12-3-80; 577; eff. 3-4-81; 8 Ky.R. 1044; eff. 9-22-82; 14 Ky.R. 1598; eff. 4-14-88; 17 Ky.R. 407; eff. 11-15-90; 19 Ky.R. 1101; 1581; eff. 2-8-93; 24 Ky.R. 650; eff. 11-12-97; TAm eff. 8-9-2007; 43 Ky.R. 242, 396; eff. 10-6-2016.)