401 KAR 51:010. Attainment status designations.

 

      RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 40 C.F.R. 81, 42 U.S.C. 7401-7626, 7407, 7501-7515, 7601

      STATUTORY AUTHORITY: KRS 224.10-100, 42 U.S.C. 7401-7626

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the Environmental and Public Protection Cabinet to prescribe 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" as used in Sections 4 through 7 of this administrative regulation means the remainder of the state has been designated and identified on a county by county basis.

      (2) "Statewide" as used in Section 8 of this administrative regulation means the entire state has been designated on a county by county basis.

      (3) "Road" as used in Section 2(3) of this administrative regulation means a Kentucky route, a county road, a lane, a road, or a U.S. route, highway, or interstate.

 

      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 sulfur dioxide, carbon monoxide, ozone and nitrogen oxides is listed in Sections 5 through 8 of this administrative regulation. The attainment status of areas of the Commonwealth of Kentucky with respect to total suspended particulates is listed in Section 4 of this administrative regulation.

      (2) Within sixty (60) days of revision by the U.S. Environmental Protection Agency 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 USC 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 which 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 Total Suspended Particulates.


Designated Areas

Does Not Meet Primary Standard

Does Not Meet

Secondary Standards

Better Than Standard

Cannot Be Classified

Bell Co.

 

 

X

 

Boyd Co.

 

 

 

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

 

Marshall County

 

 

X

 

That portion of Madison County in Richmond

 

 

 

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

 

 

      Section 5. Attainment Status Designations for Sulfur Dioxide.

Designated Areas

Does Not Meet

Primary Standards

Does Not Meet

Secondary Standards

Better Than

Standards

That portion of Boyd County south of the Northern UTM line 4251 Km

X

X

 

Muhlenberg County

 

X

 

Rest of State

 

 

X

 

      Section 6. Attainment Status Designations for Carbon Monoxide.

Designated Area

Does Not Meet Primary Standards

Cannot Be Classified Or Better Than Standards

Jefferson Co.

 

X

Rest of State

 

X

 

      Section 7. Attainment Status Designations for Ozone.

Designated Areas

Moderate

Marginal

Cannot be Classified or

Better Than Standards

Boone County

X

 

 

Boyd County

 

 

X

That portion of Bullitt County within the boundaries described as follows: Beginning at the intersection of KY 1020 and the Jefferson-Bullitt County line proceeding to the east along the county line to the intersection of county road 567 and the Jefferson-Bullitt County line; proceeding south on county road 567 to the junction with KY 1116 (also known as Zoneton Road); proceeding to the south on KY 1116 to the junction with Hebron Lane; proceeding to the south on Hebron Lane to Cedar Creek; proceeding south on Cedar Creek to the confluence of Floyds Fork turning southeast along a creek that meets KY 44 at Stallings Cemetery; proceeding west along KY 44 to the eastern most point in the Shepherdsville city limits; proceeding south along the Shepherdsville city limits to the Salt River and west to a point across the river from Mooney Lane; proceeding south along Mooney Lane to the junction of KY 480; proceeding west on KY 480 to the junction with KY 2237; proceeding south on KY 2237 to the junction with KY 61 and proceeding north on KY 61 to the junction with KY 1494; proceeding south on KY 1494 to the junction with the perimeter of the Fort Knox military reservation; proceeding north along the military reservation perimeter to Castleman Branch Road; proceeding north on Castleman Branch Road to KY 44; proceeding a very short distance west on KY 44 to a junction with KY 2723; proceeding north on KY 2723 to the junction of Chillicoop Road; proceeding northeast on Chillicoop Road to the junction of KY 2678; proceeding north on KY 2673 to the junction of KY 1020; proceeding north on KY 1020 to the beginning.

X

 

 

Caldwell County

 

 

X

Calloway County

 

 

X

Campbell County

X

 

 

Christian County

 

 

X

Fayette County

 

 

X

That portion of Greenup County within the boundaries described as follows: Beginning at a point where the Ohio River meets the Greenup-Boyd County Line; proceeding southwest along the Greenup-Boyd County Line to the junction of the East Fork of the Little Sandy River and the Greenup-Boyd County Line; proceeding north and west along the East Fork of the Little Sandy River to the confluence of the Little Sandy River; proceeding north along the Little Sandy River to the confluence of the Ohio River; proceeding east along the Ohio River to the beginning.

 

 

X

Jefferson County

X

 

 

Kenton County

X

 

 

That portion of Oldham County within the boundaries described as follows: Beginning at the intersection of the Oldham-Jefferson County line with the southbound lane of Interstate 71; proceeding to the northeast along the southbound lane of Interstate 71 to the intersection of KY 329 and the southbound lane of Interstate 71; proceeding to the northwest on KY 329 to the intersection of Zaring Road and KY 329; proceeding to the east-northeast on Zaring Road to the junction of Cedar Point Road and Zaring Road; proceeding to the north-northeast on Cedar Point Road to the junction of KY 393 and Cedar Point Road; proceeding to the south-southeast on KY 393 to the junction of the access road on the north side of Reformatory Lake and the Reformatory; proceeding to the east-northeast on the access road to the junction with Dawkins Lane and the access road; proceeding to follow an electric power line east-northeast across from the junction of County Road 746 and Dawkins Lane to the east-northeast across KY 53 on to the LaGrange Water Filtration Plant; proceeding on to the east-southeast along the power line then south across Fort Pickens Road to a power substation on KY 146; proceeding along the power line south across KY 146 and the Seaboard System Railroad Track to adjoin the incorporated city limits of LaGrange; then proceeding east then south along the LaGrange city limits to a point abutting the north side of KY 712; proceeding east-southeast on KY 712 to the junction of Massie School Road and KY 712; proceeding to the south-southwest on Massie School Road to the intersection of Massie School Road and Zale Smith Road; proceeding northwest on Zale Smith Road to the junction of KY 53 and Zale Smith Road; proceeding on KY 53 to the north-northwest to the junction of new Moody Lane and KY 53; proceeding on new Moody Lane to the south-southwest until meeting the city limits of LaGrange; then briefly proceeding north following the LaGrange city limits to the intersection of the northbound lane of Interstate 71 and the LaGrange city limits; proceeding southwest on the northbound lane of Interstate 71 until intersecting with the North Fork of Currys Fork; proceeding south-southwest beyond the confluence of Currys Fork to the south-southwest beyond the confluence of Floyds Fork continuing on to the Oldham-Jefferson County Line; proceeding northwest along the Oldham-Jefferson County Line to the beginning.

X

 

 

Trigg County

 

 

X

Rest of State

 

 

X

 

      Section 8. Attainment Status Designations for Nitrogen Oxides.

Designated Area

Does Not Meet Primary Standards

Cannot Be Classified or Better Than Standards

Statewide

 

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.)