Proposed Rule2026-01733
Determination of Attainment by the Attainment Date for the Louisville Moderate Area for the 2015 Ozone National Ambient Air Quality Standard
Primary source
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Published
January 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing action related to the attainment date for the Kentucky portion of the Louisville, Kentucky-Indiana area (hereinafter referred to as the "Louisville, KY-IN Area" or "Area"). The Kentucky portion of this Area is classified as "Moderate" nonattainment for the 2015 ozone National Ambient Air Quality Standard (NAAQS), and the Indiana portion of this Area has been redesignated to attainment for this NAAQS. EPA is proposing to determine, with the consideration of exceptional events, that the Kentucky portion of the Louisville, KY-IN Area attained the standard by the applicable August 3, 2024, attainment date. This action, if finalized, will fulfill EPA's statutory obligation to determine whether the Kentucky portion of the Louisville, KY-IN Area attained the 2015 8-hour ozone NAAQS by the Moderate attainment date. As part of this rulemaking, EPA also proposes to take final agency action on the portion of an exceptional events request submitted by the Louisville Metro Air Pollution Control District (LMAPCD) on June 11, 2025, addressing six days in June 2023. EPA concurred on these six days on August 12, 2025. The proposed determination by the attainment date is based on EPA's partial concurrence on the exceptional events demonstration. This action is being taken under the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 91 Issue 19 (Thursday, January 29, 2026)</title>
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[Federal Register Volume 91, Number 19 (Thursday, January 29, 2026)]
[Proposed Rules]
[Pages 3847-3851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01733]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2025-1443; FRL-13173-01-R4]
Determination of Attainment by the Attainment Date for the
Louisville Moderate Area for the 2015 Ozone National Ambient Air
Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing action
related to the attainment date for the Kentucky portion of the
Louisville, Kentucky-Indiana area (hereinafter referred to as the
``Louisville, KY-IN Area'' or ``Area''). The Kentucky portion of this
Area is classified as ``Moderate'' nonattainment for the 2015 ozone
National Ambient Air Quality Standard (NAAQS), and the Indiana portion
of this Area has been redesignated to attainment for this NAAQS. EPA is
proposing to determine, with the consideration of exceptional events,
that the Kentucky portion of the Louisville, KY-IN Area attained the
standard by the applicable August 3, 2024, attainment date. This
action, if finalized, will fulfill EPA's statutory obligation to
determine whether the Kentucky portion of the Louisville, KY-IN Area
attained the 2015 8-hour ozone NAAQS by the Moderate attainment date.
As part of this rulemaking, EPA also proposes to take final agency
action on the portion of an exceptional events request submitted by the
Louisville Metro Air Pollution Control District (LMAPCD) on June 11,
2025, addressing six days in June 2023. EPA concurred on these six days
on August 12, 2025. The proposed determination by the attainment date
is based on EPA's partial concurrence on the exceptional events
demonstration. This action is being taken under the Clean Air Act (CAA
or Act).
DATES: Comments must be received on or before March 2, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2025-1443 at <a href="http://regulations.gov">regulations.gov</a>. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Weston Freund, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8773. Mr. Freund can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#63051106160d074d140610170c0d230613024d040c15"><span class="__cf_email__" data-cfemail="3f594d5a4a515b11485a4c4b50517f5a4f5e11585049">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview and Basis of Proposal
A. Overview of the Proposed Action
Sections 179(c)(1) and 181(b)(2)(A) of the CAA require EPA to
determine whether an ozone nonattainment area attained the ozone
standard by the applicable attainment date. EPA is required to issue
this determination within six months of the attainment date. EPA's
determination of attainment by the attainment date for the 2015 ozone
NAAQS is based on a
[[Page 3848]]
nonattainment area's design value (DV) \1\ as of the attainment date.
The 2015 ozone NAAQS is met at an EPA regulatory monitoring site when
the DV does not exceed 0.070 parts per million (ppm).
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\1\ A DV is a statistic used to compare data collected at an
ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The data handling
conventions for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. The DV for the 2015 ozone
NAAQS is the 3-year average of the annual fourth highest daily
maximum 8-hour average ozone concentration. The DV is calculated for
each air quality monitor in an area, and the DV for an area is the
highest DV among the individual monitoring sites located in the
area.
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For areas classified as Moderate nonattainment for the 2015 ozone
NAAQS, the attainment date was August 3, 2024. Because the DV is based
on the three most recent, complete calendar years of data, attainment
must occur no later than December 31 of the year prior to the
attainment date (i.e., December 31, 2023, in the case of Moderate
nonattainment areas for the 2015 ozone NAAQS). As such, EPA's proposed
determination for the Kentucky portion of the Louisville, KY-IN Area is
based upon the complete, quality-assured, and certified ozone
monitoring data from calendar years 2021, 2022, and 2023.
On June 11, 2025, LMAPCD submitted a request to exclude data
associated with exceptional event claims for ozone data influenced by
Canadian wildfires for nine days in June through August 2023. EPA
reviewed the request and determined it adequately demonstrated that
long-range transport of smoke from the Canadian wildfires caused
exceedances of the NAAQS measured at the Cannons Lane ambient monitor
in Louisville for six days and determined that all of the criteria of
the Exceptional Events Rule found in 40 CFR 50.14 and 51.930 for those
six days were met. Therefore, on August 12, 2025, EPA sent a letter to
LMAPCD concurring with their exceptional event claim for these six
regulatorily significant days, all in June 2023, that resulted in the
DV for the Louisville KY-IN Area being reduced from 0.072 ppm to 0.070
ppm.<SUP>2 3</SUP> EPA proposes to find that the Kentucky portion of
the Louisville, KY-IN Area attained by the attainment date based on the
Area's 2021-2023 DV, which does not exceed 0.070 ppm. EPA also proposes
to take final agency action on the portion of LMAPCD's exceptional
events request addressing the six days in June 2023.
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\2\ See Section I.C. of this notice of proposed rulemaking for
additional discussion regarding exceptional events.
\3\ This DV is the overall DV for the Louisville, KY-IN Area.
Specific DVs for individual air monitors are included in Table 1 of
this notice of proposed rulemaking.
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B. Background for Proposed Action
On October 26, 2015, EPA issued its final action to revise the
NAAQS for ozone to establish new 8-hour standards. See 80 FR 65452
(October 26, 2015). In that action, EPA promulgated identical, tighter
primary and secondary ozone standards designed to protect public health
and welfare that specified an 8-hour ozone level of 0.070 ppm.
Specifically, the standards require that the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
not exceed 0.070 ppm.
Under EPA regulations at 40 CFR part 50, appendix U, the 2015 ozone
NAAQS is attained at a site when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration (i.e., DV) does not exceed 0.070 ppm. When the DV does
not exceed 0.070 ppm at each ambient air quality monitoring site within
the area, the area is deemed to be attaining the ozone NAAQS. The
rounding convention in Appendix P dictates that concentrations shall be
reported in ``ppm'' to the third decimal place, with additional digits
to the right being truncated. Thus, a computed 3-year average ozone
concentration of 0.071 ppm is greater than 0.070 ppm and would exceed
the standard, but a DV of 0.0709 is truncated to 0.070 and attains the
2015 ozone NAAQS.
EPA's proposed determination of attainment by the attainment date
is based on data that have been collected and quality-assured in
accordance with 40 CFR part 58 and recorded in EPA's Air Quality System
(AQS) database.\4\ Ambient air quality monitoring data for the 3-year
period preceding the attainment date (2021-2023 for the 2015 ozone
NAAQS Moderate nonattainment areas) must meet the data completeness
requirements in Appendix U.\5\ The completeness requirements are met
for the 3-year period at a monitoring site if daily maximum 8-hour
average concentrations of ozone are available for at least 90 percent
of the days within the ozone monitoring season, on average, for the 3-
year period, and no single year has less than 75 percent data
completeness. Additionally, any exceptional events requests that are
concurred upon by EPA are reflected in the DVs found in AQS.
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\4\ EPA maintains AQS, a database that contains ambient air
quality monitoring data collected by EPA, state, local, and tribal
air pollution control agencies. AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and quality
assurance/quality control information. AQS data is used to (1)
assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment areas, (4)
perform modeling for permit review analysis, and (5) prepare reports
for Congress as mandated by the CAA. Access is through the website
at <a href="https://www.epa.gov/aqs">https://www.epa.gov/aqs</a>.
\5\ See 40 CFR part 50, appendix U, section 4(b).
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Effective on August 3, 2018, EPA designated 52 areas throughout the
country, including the Louisville, KY-IN Area, as nonattainment for the
2015 ozone NAAQS. See 83 FR 25776 (June 4, 2018). The bi-state
Louisville, KY-IN area was classified as a Marginal nonattainment area.
Id. In a separate action, EPA assigned classification thresholds and
attainment dates based on the severity of an area's ozone problem
determined by the area's DV. See 83 FR 10376 (March 9, 2018). EPA
established the attainment date for Marginal and Moderate nonattainment
areas as three years and six years, respectively, from the effective
date of the final designations. Id. Thus, the attainment date for
Marginal nonattainment areas for the 2015 ozone NAAQS was August 3,
2021, and the attainment date for Moderate nonattainment areas was
August 3, 2024.
The Louisville, KY-IN Area did not attain by the Marginal
attainment date of August 3, 2021, and therefore, the Area was
reclassified from Marginal to Moderate for the 2015 ozone NAAQS. See 87
FR 21842 (April 13, 2022). Indiana, through the Indiana Department of
Environmental Management, submitted a request for redesignation to
attainment for the Indiana portion of the Louisville, KY-IN area on
February 21, 2022, and was redesignated to attainment on July 5, 2022.
See 87 FR 39750 (July 5, 2022). The Kentucky portion of the Louisville,
KY-IN area is still designated as nonattainment.\6\ In this notice, EPA
is proposing to determine that the Kentucky portion of the Louisville,
KY-IN Area attained the 2015 ozone NAAQS by the Moderate attainment
date of August 3, 2024. As noted above, the Indiana portion of this
Area has already been redesignated to attainment for the 2015 Ozone
NAAQS.
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\6\ After the Indiana portion of the Louisville, KY-IN Area was
redesignated to attainment, Kentucky submitted a request to
redesignate its portion of the Area to attainment. While Kentucky's
redesignation request was pending, the Area violated the NAAQS.
Thus, the Kentucky portion of the Louisville, KY-IN Area has not
been redesignated to attainment, and EPA is taking a separate action
on Kentucky's redesignation request. This proposed determination of
attainment by the attainment date does not constitute a proposal to
redesignate the Kentucky portion of the Area to attainment under CAA
section 107(d)(3).
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C. Exceptional Events Demonstration
Congress has recognized that it may not be appropriate for EPA to
use certain monitoring data collected by the ambient air quality
monitoring network and maintained in EPA's AQS database in certain
regulatory determinations. Thus, in 2005, Congress provided the
statutory authority for the exclusion of data influenced by
``exceptional events'' meeting specific criteria by adding section
319(b) of the CAA and granted EPA the authority to propose regulations
to review and manage air quality monitoring data influenced by
exceptional events.\7\
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\7\ Under CAA section 319(b), an exceptional event means an
event that: (i) affects air quality; (ii) is not reasonably
controllable or preventable; (iii) is an event caused by human
activity that is unlikely to recur at a particular location or a
natural event; and (iv) is determined by EPA under the process
established in regulations promulgated by EPA in accordance with
section 319(b)(2) to be an exceptional event. For the purposes of
section 319(b), an exceptional event does not include: (i)
stagnation of air masses or meteorological inversions; (ii) a
meteorological event involving high temperatures or lack of
precipitation; or (iii) air pollution relating to source
noncompliance.
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On March 22, 2007, EPA promulgated the 2007 Exceptional Events Rule
to implement this 2005 CAA amendment. See 72 FR 13560. The 2007
Exceptional Events Rule created a regulatory process codified at 40 CFR
50.1, 50.14, and 51.930. These regulatory sections, which superseded
EPA's previous guidance on handling data influenced by exceptional
events, contain definitions, procedural requirements, requirements for
air agency demonstrations, criteria for EPA's approval of the exclusion
of the event-affected air quality data from the data set used for
regulatory decisions, and requirements for air agencies to take
appropriate and reasonable actions to protect public health from
exceedances and violations of the NAAQS. On October 3, 2016, EPA
promulgated a comprehensive revision to the 2007 Exceptional Events
Rule. See 81 FR 68216. The 2016 Exceptional Events Rule revision
included the requirement that, if a State demonstrates to the
Administrator's satisfaction that emissions from a wildfire smoke event
cause a specific air pollution concentration in excess of the NAAQS at
a particular air quality monitoring location and otherwise satisfies
the requirements of 40 CFR 50.14, EPA must exclude that data from use
in determinations of exceedances and violations.\8\
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\8\ See 40 CFR 50.14(b)(4).
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The CAA provides for the exclusion of air quality monitoring data
from DV calculations when there are NAAQS exceedances caused by events,
such as wildfires, that meet the criteria for an exceptional event
identified in EPA's Exceptional Events Rule at 40 CFR 50.1, 50.14, and
51.930. For the purposes of this proposed action, on June 11, 2025,
LMAPCD submitted an exceptional events demonstration to show that the
maximum daily 8-hour average ozone concentration recorded at the
Cannons Lane monitor (AQS Site ID #21-111-0067) was influenced by
Canadian wildfires in June through August 2023. EPA concurred on six
regulatory significant days in the demonstration on August 12, 2025.
EPA found that six days in LMAPCD's demonstration met the
Exceptional Events Rule criteria and had regulatory significance for
purposes of calculating the Area's 2021-2023 recent design value to
make a determination of attainment by the attainment date for the 2015
ozone NAAQS. As such, EPA proposes to take final regulatory action on
the concurred dates, as exceptional events to be removed from the
dataset used for regulatory purposes. The rationale of EPA's
exceptional events proposal is detailed in the docket. For this
proposed action, EPA will rely on the calculated design values that
exclude the exceptional event influenced data for the purpose of
demonstrating attainment of the 2015 ozone NAAQS by the attainment
date. Further details on LMAPCD's analyses and EPA's concurrence,
including the exceptional events initial notification, exceptional
events demonstration, and EPA's response to the initial notification,
can be found in the docket for this proposed action.
While EPA has concurred with six exceptional events days in
LMAPCD's request to exclude event-influenced air quality monitoring
data from regulatory decisions, those regulatory actions require EPA to
provide an opportunity for public comment on these six exceptional
event days and all supporting data prior to EPA taking final agency
action. This proposed action provides the public with an opportunity to
comment on the six exceptional event days, all supporting documents,
and EPA's partial concurrence with LMAPCD's request.
II. EPA's Proposal and Its Rationale
EPA is proposing this action to fulfill its statutory obligation
under CAA sections 179(c)(1) and 181(b)(2) to determine whether the
Kentucky portion of the Louisville, KY-IN Area attained the 2015 ozone
NAAQS by the attainment date of August 3, 2024. EPA evaluated air
quality monitoring data submitted by the appropriate state and local
air agencies to determine the attainment status as of the applicable
Moderate nonattainment area attainment date.
EPA is proposing to determine, in accordance with CAA sections
179(c)(1) and 181(b)(2)(A) and the provisions of the 2015 Ozone NAAQS
SIP Requirements Rule, that the Kentucky portion of the Louisville, KY-
IN Area attained the 2015 ozone NAAQS by the Moderate nonattainment
area attainment date of August 3, 2024, based on the Area's 2021-2023
DV of 0.070 ppm.
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\9\ As discussed above, EPA partially concurred on LMAPCD's
request to exclude exceptional event influenced data for this
monitor, which resulted in the 2021-2023 DV being reduced from 0.072
ppm to 0.070 ppm. A copy of EPA's concurrence letter and the
associated Technical Support Document are available in the docket
for this proposed action.
\10\ The Algonquin Parkway monitoring site (AQS ID: 21-111-1041)
does not have a valid 2021-2023 ozone design value because ozone
monitoring at the site started in March 2023.
Table 1--2021-2023 Ozone Design Values for Air Monitoring Sites in the Louisville, KY-IN Area
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2021-2023
AQS site ID County, state Local site name design value
(ppm)
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18-019-0008............................. Clark, IN................. Charlestown State Park.... 0.066
18-043-0008............................. Floyd, IN................. New Albany................ 0.066
21-029-0006............................. Bullitt, KY............... Shepherdsville............ 0.067
21-111-0051............................. Jefferson, KY............. Watson Lane............... 0.068
21-111-0067............................. Jefferson, KY............. Cannons Lane.............. \9\ 0.070
21-111-0080............................. Jefferson, KY............. Carrithers Middle School.. 0.070
21-111-1041............................. Jefferson, KY............. Algonquin Parkway......... \10\ ND
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21-185-0004............................. Oldham, KY................ Buckner................... 0.065
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III. Proposed Action
EPA is proposing to determine that the Kentucky portion of the
Louisville, KY-IN Area attained the 2015 ozone NAAQS by the Moderate
attainment date. This proposed determination is based on complete,
quality-assured, quality-controlled, and certified ambient air
monitoring data for the 2021-2023 monitoring period, including EPA's
concurrence on six exceptional events days in LMAPCD's June 11, 2025,
exceptional events request. If finalized, this action will address
EPA's obligation under CAA sections 179(c) and 181(b)(2) to determine
whether the Kentucky portion of the Louisville, KY-IN Area attained the
2015 ozone NAAQS by the August 3, 2024, attainment date.
If EPA finalizes this proposed determination, the Kentucky portion
of the Louisville, KY-IN Area will remain designated as nonattainment
and will retain its current classification. A determination of
attainment by the attainment date does not have the effect of
redesignating a nonattainment area to attainment under CAA section
107(d)(3). Redesignation of a nonattainment area to attainment
requires, among other things, that all applicable requirements of CAA
section 110 and Part D have been met, EPA has approved a maintenance
plan to ensure continued attainment of the standard for 10 years
following redesignation as provided under CAA section 175A, and EPA has
approved a redesignation request.\11\
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\11\ As noted above in footnote 6, Kentucky submitted a request
under CAA section 107(d)(3) to redesignate its portion of the
Louisville, KY-IN Area to attainment and that request is being
addressed in a separate action.
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EPA also proposes to take final agency action on the portion of
LMAPCD's exceptional events request submitted by LMAPCD on June 11,
2025, addressing the six days in June 2023 concurred on by EPA on
August 12, 2025.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This proposed action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This proposed action is not expected to be an Executive Order 14192
action because this proposed action is not significant under Executive
Order 12866.
C. Paperwork Reduction Act (PRA)
This proposed action does not impose an information collection
burden under the PRA because it does not contain any information
collection activities.
D. Regulatory Flexibility Act (RFA)
I certify that this proposed action will not have a significant
economic impact on a substantial number of small entities under the
RFA. This proposed action will not impose any requirements on small
entities. The proposed determinations of attainment do not in and of
themselves create any new requirements beyond what is mandated by the
CAA. Instead, this rulemaking only makes factual determinations and
does not directly regulate any entities.
E. Unfunded Mandates Reform Act (UMRA)
This proposed action does not contain an unfunded mandate as
described in UMRA, 2 U.S.C. 1531-38, and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any state, local or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This proposed action does not have federalism implications. It will
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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Government
This proposed action does not have tribal implications, as
specified in Executive Order 13175, because this proposed action is not
approved to apply in any Indian reservation land or in any other area
where EPA or an Indian Tribe has demonstrated that a Tribe has
jurisdiction, and will not impose direct costs on tribal governments or
preempt tribal law. Thus, Executive Order 13175 does not apply to this
proposed action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. Therefore, this proposed action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks. Furthermore,
EPA's Policy on Children's Health does not apply to this proposed
action.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed action is not subject to Executive Order 13211
because it is not a significant regulatory action under Executive Order
12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This proposed action does not involve technical standards.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
[[Page 3851]]
Dated: January 20, 2026.
Kevin McOmber,
Regional Administrator, Region 4.
[FR Doc. 2026-01733 Filed 1-28-26; 8:45 am]
BILLING CODE 6560-50-P
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