[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Proposed Rules]
[Pages 65458-65472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26773]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2010-0937-201118; FRL-9480-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of
the Kentucky Portion of the Cincinnati-Hamilton 1997 Annual Fine
Particulate Matter Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On January 27, 2011, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division of Air Quality (DAQ),
submitted a request to redesignate the Kentucky portion of the
Cincinnati-Hamilton, Ohio-Kentucky-Indiana (hereafter referred to the
``Tri-state Cincinnati-Hamilton Area'') fine particulate matter
(PM2.5) nonattainment area to attainment for the 1997 Annual
PM2.5 National Ambient Air Quality Standards (NAAQS); and to
approve a State Implementation Plan (SIP) revision containing a
maintenance plan for the Kentucky portion of the Tri-state Cincinnati-
Hamilton Area. The Tri-state Cincinnati-Hamilton Area is comprised of
Boone, Campbell, and Kenton Counties in Kentucky (hereafter referred to
as the ``Northern Kentucky Area'' or ``Area''); Butler, Clermont,
Hamilton, and Warren Counties in Ohio; and a portion of Dearborn County
in Indiana. EPA is proposing to approve the redesignation request for
Boone, Campbell, and Kenton Counties, along with the related SIP
revision, including the Commonwealth's plan for maintaining attainment
of the PM2.5 standard in the Northern Kentucky Area. EPA is
also proposing to approve Kentucky's nitrogen oxides (NOX)
and PM2.5 Motor Vehicle Emission Budgets (MVEBs) for 2015
and 2021 for the Northern Kentucky Area. On December 9, 2010, and
January 25, 2011, respectively, Ohio and Indiana submitted requests to
redesignate their portion of the Tri-state Cincinnati-Hamilton Area to
attainment for the 1997 PM2.5 NAAQS. EPA is taking action on
the requests from Ohio and Indiana in an action separate from these
proposed actions.
DATES: Comments must be received on or before November 21, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0937, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2010-0937, 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.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
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. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0937. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in 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: Joel Huey of the Regulatory
Development Section, in the Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Joel
Huey may be reached by phone at (404) 562-9104, or via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the request?
[[Page 65459]]
VI. What is EPA's analysis of Kentucky's proposed NOX and
PM2.5 MVEBs for the Northern Kentucky Area?
VII. What is the status of EPA's adequacy determination for the
proposed NOX and PM2.5 MVEBs for 2015 and 2021
for the Northern Kentucky Area?
VIII. What is EPA's analysis of the proposed 2008 base year
emissions inventory for the Northern Kentucky Area?
IX. Proposed Action on the Redesignation Request and Maintenance
Plan SIP Revision Including Proposed Approval of the 2015 and 2021
NOX and PM2.5 MVEBs for the Northern Kentucky
Area.
X. What is the effect of EPA's proposed actions?
XI. Statutory and Executive Order Reviews
I. What are the actions EPA is proposing to take?
In this action, EPA is proposing to make a determination that this
Area is continuing to attain the 1997 Annual PM2.5 NAAQS \1\
and to take several additional actions related to Kentucky's request to
redesignate the Northern Kentucky Area which are summarized as follows
and described in greater detail throughout this notice of proposed
rulemaking: (1) To redesignate the Northern Kentucky Area portion of
the Tri-state Cincinnati-Hamilton Area to attainment for the 1997
Annual PM2.5 NAAQS; (2) to approve, under CAA section
172(c)(3), the emissions inventory submitted with the maintenance plan
for Northern Kentucky; and (3) to approve, under section 175A of the
CAA, the Northern Kentucky Area's 1997 Annual PM2.5 NAAQS
maintenance plan into the Kentucky SIP, including the associated MVEBs.
In addition, and related to today's actions, EPA is also notifying the
public of the status of EPA's adequacy determination for the Northern
Kentucky Area MVEBs for the PM2.5 NAAQS.
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\1\ On September 29, 2011, at 76 FR 60373, EPA determined that
the Tri-state Cincinnati-Hamilton Area attained the 1997
PM2.5 NAAQS by its applicable attainment date of April 5,
2010, and that the Area was continuing to attain the
PM2.5 standard with monitoring data that was currently
available.
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First, EPA proposes to determine that, if EPA's proposed approval
of the 2008 baseline emissions inventory for the Northern Kentucky Area
is finalized, the Area has met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. In this action, EPA is proposing to
approve a request to change the legal designation of Boone, Campbell,
and Kenton Counties from nonattainment to attainment for the 1997
Annual PM2.5 NAAQS. The emissions inventory for the Northern
Kentucky Area is being proposed for approval today.
Second, EPA is proposing to approve under the CAA, Kentucky's 2008
emissions inventory for the Northern Kentucky Area (under CAA section
172(c)(3)). Kentucky selected 2008 as the attainment emissions
inventory year for the Northern Kentucky Area. This attainment
inventory identifies a level of emissions in the Area that is
sufficient to attain the 1997 Annual PM2.5 NAAQS.
Third, EPA is proposing to approve Kentucky's 1997 Annual
PM2.5 NAAQS maintenance plan for the Northern Kentucky Area
(such approval being one of the CAA criteria for redesignation to
attainment status). Since maintenance of the standard in the Northern
Kentucky Area is based in large part on maintaining control of power
plant emissions, promulgation of the Transport Rule, also known as the
Cross State Air Pollution Rule (CSAPR),\2\ was necessary to make recent
reductions in power plant emissions (or equivalent reductions at other
power plants) permanent and enforceable. The maintenance plan is
designed to help keep the Northern Kentucky Area in attainment of the
1997 Annual PM2.5 NAAQS through 2021. Consistent with the
CAA, the maintenance plan that EPA is proposing to approve today also
includes NOX and PM2.5 MVEBs for the years 2015
and 2021 for the Northern Kentucky Area. EPA is proposing to approve
(into the Kentucky SIP) the 2015 and 2021 MVEBs that are included as
part of Kentucky's maintenance plan for the 1997 Annual
PM2.5 NAAQS.
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\2\ See ``Federal Implementation Plans to Reduce Interstate
Transport of Fine Particulate Matter and Ozone in 27 States;
Correction of SIP Approvals for 22 States'' (76 FR 48208, August 8,
2011).
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Further, EPA proposes to make the determination that the Tri-state
Cincinnati-Hamilton Area is continuing to attain the 1997 Annual
PM2.5 NAAQS and that all other redesignation criteria have
been met for the Northern Kentucky Area. The bases for EPA's
determination for the Area are discussed in greater detail below.
EPA is also notifying the public of the status of EPA's adequacy
process for the newly-established NOX and PM2.5
MVEBs for 2015 and 2021 for the Northern Kentucky Area. The adequacy
comment period for the Northern Kentucky Area MVEBs began on February
14, 2011, with EPA's posting of the availability of this submittal on
EPA's Adequacy Web site (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). The Adequacy comment period for these MVEBs
closed on March 16, 2011. No adverse comments were received during the
Adequacy public comment period. Please see section VIII of this
proposed rulemaking for further explanation of this process and for
more details on the MVEBs.
Today's notice of proposed rulemaking is in response to Kentucky's
January 27, 2011, SIP submittal, which requests redesignation of the
Northern Kentucky Area portion of the Tri-state Cincinnati-Hamilton
Area to attainment for the 1997 Annual PM2.5 NAAQS and
addresses the specific issues summarized above and the necessary
elements for redesignation described in section 107(d)(3)(E) of the
CAA.
II. What is the background for EPA's proposed actions?
Fine particle pollution can be emitted directly or formed
secondarily in the atmosphere. The main precursors of PM2.5
are sulfur dioxide (SO2), NOX, ammonia and
volatile organic compounds (VOCs). Unless otherwise noted by the State
or EPA, ammonia and VOCs are presumed to be insignificant contributors
to PM2.5 formation, whereas SO2 and
NOX are presumed to be significant contributors to
PM2.5 formation. Sulfates are a type of secondary particle
formed from SO2 emissions of power plants and industrial
facilities. Nitrates, another common type of secondary particle, are
formed from NOX emissions of power plants, automobiles, and
other combustion sources.
On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations. In the same rulemaking,
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006, at 71 FR 61144, EPA retained the annual average NAAQS at 15
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again
on the 3-year average of the 98th percentile of 24-hour
concentrations.\3\ Under EPA regulations at 40 CFR part 50, the primary
and secondary 1997 Annual PM2.5 NAAQS are attained when the
annual arithmetic mean concentration, as determined in accordance with
40
[[Page 65460]]
CFR part 50, Appendix N, is less than or equal to 15.0 [mu]g/m\3\ at
all relevant monitoring sites in the subject area over a 3-year period.
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\3\ In response to legal challenges of the annual standard
promulgated in 2006, the United States Court of Appeals for the
District of Columbia circuit (DC Cir.) remanded this NAAQS to EPA
for further consideration. See american Farm Bureau Federation and
National Pork Producers Council, et al. v. EPA, 559 F.3D 512 (DC
Cir. 2009). However, given that the 1997 and 2006 Annual NAAQS are
essentially identical, attainment of the 1997 Annual NAAQS would
also indicate attainment of the remanded 2006 Annual NAAQS.
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On January 5, 2005, at 70 FR 944, and supplemented on April 14,
2005, at 70 FR 19844, EPA designated the Tri-state Cincinnati-Hamilton
Area as nonattainment for the 1997 PM2.5 NAAQS. In that
action, EPA defined the 1997 PM2.5 Cincinnati-Hamilton Area
to include Boone, Campbell, and Kenton Counties in Kentucky, Butler,
Clermont, Hamilton, and Warren Counties in Ohio, and a portion of
Dearborn Country containing the Lawrenceburg Township in Indiana. On
November 13, 2009, at 74 FR 58688, EPA promulgated designations for the
24-hour standard established in 2006, designating the Tri-state
Cincinnati-Hamilton Area as attainment for this NAAQS. That action
clarified that the Tri-state Cincinnati-Hamilton Area was classified
unclassifiable/attainment for the 24-hour NAAQS promulgated in 1997.
EPA did not promulgate designations for the annual average NAAQS
promulgated in 2006, since the NAAQS was essentially identical to the
annual NAAQS promulgated in 1997. Therefore, the Tri-state Cincinnati-
Hamilton Area is designated nonattainment for the annual NAAQS
promulgated in 1997, and today's action only addresses this
designation.
All 1997 PM2.5 NAAQS areas were designated under subpart
1 of title I, part D, of the CAA. Subpart 1 contains the general
requirements for nonattainment areas for any pollutant governed by a
NAAQS and is less prescriptive than the other subparts of title I, part
D. On April 25, 2007, at 72 FR 20664, EPA promulgated its
PM2.5 Implementation Rule, codified at 40 CFR part 51,
subpart Z, in which the Agency provided guidance for state and Tribal
plans to implement the 1997 PM2.5 NAAQS. This rule, at 40
CFR 51.1004(c), specifies some of the regulatory consequences of
attaining the NAAQS, as discussed below.
On May 12, 2005, EPA published the Clean Air Interstate Rule
(CAIR), which addressed the interstate transport requirements of the
CAA and required states to significantly reduce SO2 and
NOX emissions from power plants (70 FR 25162). The
associated Federal Implementation Plans (FIPs) were published on April
28, 2006 (71 FR 25328). However, on July 11, 2008, the DC Circuit Court
issued its decision to vacate and remand both CAIR and the associated
CAIR FIPs in their entirety (North Carolina v. EPA, 531 F.3d 836 (DC
Cir., 2008)). EPA petitioned for rehearing, and the Court issued an
order remanding CAIR to EPA without vacating either CAIR or the CAIR
FIPs (North Carolina v. EPA, 550 F.3d 1176 (DC Cir., 2008)). The Court
left CAIR in place to ``temporarily preserve the environmental values
covered by CAIR'' until EPA replaces it with a rule consistent with the
Court's opinion (id. at 1178). The Court directed EPA to ``remedy
CAIR's flaws'' consistent with its July 11, 2008, opinion but declined
to impose a schedule on EPA for completing that action (id). As a
result of these court rulings, the power plant emission reductions that
resulted solely from the development, promulgation, and implementation
of CAIR, and the associated contribution to air quality improvement
that occurred solely as a result of CAIR in the Northern Kentucky Area
could not be considered to be permanent.
On August 8, 2011, EPA published the Cross State Air Pollution Rule
(CSAPR) in the Federal Register under the title, ``Federal
Implementation Plans to Reduce Interstate Transport of Fine Particulate
Matter and Ozone in 27 States; Correction of SIP Approvals for 22
States'' (76 FR 48208, August 8, 2011) to address interstate transport
of emissions and resulting secondary air pollutants and to replace
CAIR. The CAIR emission reduction requirements limit emissions in
Kentucky and states upwind of Kentucky through 2011, and the CSAPR
requires similar or greater reductions in the relevant areas in 2012
and beyond. The emission reductions that the CSAPR mandates may be
considered to be permanent and enforceable. In turn, the air quality
improvement in the Northern Kentucky Area that has resulted from
electric generating units emission reductions associated with CAIR (as
well as the additional air quality improvement that would be expected
to result from full implementation of the CSAPR) may also be considered
to be permanent and enforceable. EPA proposes that the requirement in
section 107(d)(3)(E)(iii) has now been met because the emission
reduction requirements of CAIR address emissions through 2011 and EPA
has now promulgated CSAPR which requires similar or greater reductions
in the relevant areas in 2012 and beyond. Because the emission
reduction requirements of CAIR are enforceable through the 2011 control
period, and because CSAPR has now been promulgated to address the
requirements previously addressed by CAIR and gets similar or greater
reductions in the relevant areas in 2012 and beyond, EPA is proposing
to determine that the emission reductions that led to attainment in the
Northern Kentucky Area can now be considered permanent and enforceable.
Therefore, EPA proposes to find that the transport requirement of CAA
section 107(d)(3)(E)(iii) has been met for the Northern Kentucky Area.
The 3-year ambient air quality data for 2007-2009 indicated no
violations of the 1997 PM2.5 NAAQS for the Tri-state
Cincinnati-Hamilton Area. As a result, on January 27, 2011, Kentucky
requested redesignation of the Northern Kentucky Area to attainment for
the 1997 Annual PM2.5 NAAQS. The redesignation request
included three years of complete, quality-assured ambient air quality
data for the 1997 Annual PM2.5 NAAQS for 2007-2009,
indicating that the 1997 PM2.5 NAAQS had been achieved for
the entire Tri-state Cincinnati-Hamilton Area. Under the CAA,
nonattainment areas may be redesignated to attainment if sufficient,
complete, quality-assured data is available for the Administrator to
determine that the area has attained the standard and the area meets
the other CAA redesignation requirements in section 107(d)(3)(E). From
2007 through the present, the annual PM2.5 design values for
the Tri-state Cincinnati-Hamilton Area have declined. While annual
PM2.5 concentrations are dependent on a variety of
conditions, the overall downtrend in annual PM2.5
concentrations in the Tri-state Cincinnati-Hamilton Area can be
attributed to the reduction of emissions, as will be discussed in more
detail in section V of this proposed rulemaking.
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided the following criteria are met: (1)
The Administrator determines that the area has attained the applicable
NAAQS; (2) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k); (3) the
Administrator determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable federal air
pollutant control regulations and other permanent and enforceable
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A; and (5) the
state containing such area has met all requirements applicable
[[Page 65461]]
to the area under section 110 and part D of title I of the CAA.
EPA has provided guidance on redesignation in the General Preamble
for the Implementation of title I of the CAA Amendments of 1990 (April
16, 1992, 57 FR 13498, and supplemented on April 28, 1992, 57 FR 18070)
and has provided further guidance on processing redesignation requests
in the following documents:
1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
``Calcagni Memorandum'');
2. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992; and
3. ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.
IV. Why is EPA proposing these actions?
On January 27, 2011, the Commonwealth of Kentucky, through DAQ,
requested the redesignation of the Northern Kentucky Area to attainment
for the 1997 Annual PM2.5 NAAQS. EPA's preliminary
evaluation indicates that the Tri-state Cincinnati-Hamilton Area has
attained the 1997 Annual PM2.5 NAAQS and has met the
requirements for redesignation set forth in section 107(d)(3)(E),
including the maintenance plan requirements under section 175A of the
CAA. Additionally, EPA is proposing to approve the 2008 baseline
emission inventory under section 172(c)(3) because Kentucky has used
methodology consistent with EPA guidance and implementing regulations
to develop this inventory. EPA is also announcing the status of its
adequacy determination for both the NOX and PM2.5
MVEBs for 2015 and 2021, which are relevant to the requested
redesignation.
V. What is EPA's analysis of the request?
As stated above, in accordance with the CAA, EPA proposes in
today's action to: (1) Redesignate the Northern Kentucky Area to
attainment for the 1997 Annual PM2.5 NAAQS; (2) approve the
Northern Kentucky Area emissions inventory submitted with the
maintenance plan; and (3) approve into the Kentucky SIP, the Northern
Kentucky's 1997 Annual PM2.5 NAAQS maintenance plan,
including the associated MVEBs. These actions are based upon EPA's
determination that the Tri-state Cincinnati-Hamilton Area continues to
attain the 1997 Annual PM2.5 NAAQS and that all other
redesignation criteria have been met for the Northern Kentucky Area,
provided EPA approves the emissions inventory submitted with the
maintenance plan. The five redesignation criteria provided under CAA
section 107(d)(3)(E) are discussed in greater detail for the Area in
the following paragraphs of this section.
As stated above, in accordance with the CAA, EPA proposes to make
the determination that the Tri-state Cincinnati-Hamilton Area is
continuing to attain the 1997 Annual PM2.5 NAAQS and that
all other redesignation criteria have been met for the Northern
Kentucky Area. The bases for EPA's determination for the Area are
discussed in greater detail below.
Criteria (1)--The Tri-state Cincinnati-Hamilton Area Has Attained the
1997 Annual PM2.5 NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). EPA is proposing to determine that
the Tri-state Cincinnati-Hamilton Area continues to attain the 1997
Annual PM2.5 NAAQS. For PM2.5, an area may be
considered to be attaining the 1997 Annual PM2.5 NAAQS if it
meets the 1997 Annual PM2.5 NAAQS, as determined in
accordance with 40 CFR 50.13 and Appendix N of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
monitoring data. To attain these NAAQS, the 3-year average of the
annual arithmetic mean concentration, as determined in accordance with
40 CFR part 50, Appendix N, is less than or equal to 15.0 [micro]g/m\3\
at all relevant monitoring sites in the subject area over a 3-year
period. The relevant data must be collected and quality-assured in
accordance with 40 CFR part 58 and recorded in the EPA Air Quality
System (AQS). The monitors generally should have remained at the same
location for the duration of the monitoring period required for
demonstrating attainment.
On September 29, 2011, at 76 FR 60373, EPA finalized a
determination that the Tri-state Cincinnati-Hamilton Area was attaining
the 1997 PM2.5 NAAQS, and that this Area attained the 1997
PM2.5 NAAQS by its applicable attainment date of April 5,
2011. For that action EPA reviewed PM2.5 monitoring data
from monitoring stations in the Tri-state Cincinnati-Hamilton Area for
the 1997 Annual PM2.5 NAAQS for 2007-2009. The public was
provided a 30-day comment period to review and provide comment to EPA
on the analysis of this data. EPA did not receive any comments, adverse
or otherwise, on the Agency's determination that the Area had attaining
data for the period of 2007-2009, and continued to have attaining data
through the finalization of EPA's proposal in September 2011. As such,
EPA is not seeking additional comment in today's action regarding this
data. As noted in EPA's September 29, 2011, action these data were
quality-assured and recorded in AQS. The annual mean of the
PM2.5 concentrations for 2007-2010 and the 3-year average of
these values (i.e., design values) are summarized in Table 1.
Table 1--Design Value Concentrations for the Tri-State Cincinnati-Hamilton Area for the 1997 Annual PM2.5 NAAQS ([mu]g/m\3\)
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Annual mean concentrations 3-Year design values
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Location County Monitor ID 2008-2010
2007 2008 2009 2010 \2\ 2007-2009 \4\
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John Hill.......................... Campbell, KY......... 21-037-3002 14.36 11.83 11.34 11.8 12.3 11.6
Dixie.............................. Kenton, KY........... 21-117-0007 14.20 11.99 11.04 * 12.1 12.4 11.5
Bonita & St John................... Butler, OH........... 39-017-0003 15.40 13.80 12.83 13.6 13.9 13.4
Nilles............................. Butler, OH........... 39-017-0016 14.94 13.75 13.08 13.5 13.8 13.4
Hook Field......................... Butler, OH........... 39-017-1004 14.62 n/a n/a n/a 14.6 n/a
Clermont Center.................... Clermont, OH......... 39-025-0022 14.01 11.75 11.01 12.0 12.2 11.6
Grooms............................. Hamilton, OH......... 39-061-0006 14.63 12.48 12.11 * 12.7 13.1 12.4
Seymour & Vine..................... Hamilton, OH......... 39-061-0014 16.59 15.06 13.38 14.8 15.0 14.4
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WM. Howard Taft.................... Hamilton, OH......... 39-061-0040 15.09 12.62 12.73 13.3 13.4 12.9
W. 8th............................. Hamilton, OH......... 36-061-0042 15.90 14.40 13.71 14.5 14.6 14.2
E. Kemper.......................... Hamilton, OH......... 36-061-0043 14.85 13.32 n/a n/a 14.1 n/a
Sherman............................ Hamilton, OH......... 39-061-7001 15.09 13.74 12.97 14.1 14.0 13.6
Murray............................. Hamilton, OH......... 39-016-8001 16.07 14.40 13.40 * 17.6 14.6 n/a
Southeast.......................... Warren, OH........... 39-165-0007 13.98 11.92 11.70 11.9 12.4 11.8
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* Design value does not meet data completeness requirements due to closure or start-up of the monitoring stations.
\4\ The preliminary PM2.5 ambient air quality data for 2010 for the Tri-state Cincinnati-Hamilton Area indicates that the Area is attaining the NAAQS
with all 2008-2010 design values below the NAAQS of 15.0 [micro]g/m\3\.
As discussed above, the design value for an area is the highest
annual mean concentration recorded at any monitor in the area for a 3-
year period. Therefore, the 3-year design value (2007-2009) submitted
by Kentucky for redesignation of the Tri-state Cincinnati-Hamilton Area
is 15.0 [mu]g/m\3\, which meets the NAAQS as described above. Several
of the above monitoring sites do not meet the 75 percent completeness
criteria. In these cases, operation of the monitoring sites were
started or shut-down during the 2007-2010 timeframe. Additional details
can be found in EPA's final clean data determination for the Tri-state
Cincinnati-Hamilton Area (76 FR 60373). EPA has reviewed more recent
preliminary data which indicates that the Tri-state Cincinnati-Hamilton
Area continues to attain the 1997 PM2.5 NAAQS beyond the
submitted 3-year attainment period of 2007-2009. The design value for
the most recent 3-year period of 2008-2010 will be certified by the
time EPA takes final action on this proposed rule.\2\ At that time, EPA
will again ensure that current air quality data demonstrates that the
Tri-state Cincinnati-Hamilton Area is continuing to meet the 1997
Annual PM2.5 NAAQS. If the Area does not continue to attain
before EPA finalizes the redesignation, EPA will not go forward with
the redesignation. As discussed in more detail below, the Commonwealth
of Kentucky has committed to continue monitoring in this Area in
accordance with 40 CFR part 58.
Criteria (5)--Kentucky has met all Applicable Requirements under
Section 110 and part D of the CAA; and Criteria (2)--Kentucky has a
fully approved SIP under section 110(k) for the Northern Kentucky Area
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Kentucky has met all applicable SIP requirements
for the Northern Kentucky Area under section 110 of the CAA (general
SIP requirements) for purposes of redesignation. Additionally, EPA
proposes to find that the Kentucky SIP satisfies the criterion that it
meet applicable SIP requirements for purposes of redesignation under
part D of title I of the CAA (requirements specific to 1997 Annual
PM2.5 nonattainment areas) in accordance with section
107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is
fully approved with respect to all requirements applicable for purposes
of redesignation in accordance with section 107(d)(3)(E)(ii). In making
these determinations, EPA ascertained which requirements are applicable
to the Area and, if applicable, that they are fully approved under
section 110(k). SIPs must be fully approved only with respect to
requirements that were applicable prior to submittal of the complete
redesignation request.
a. The Northern Kentucky Area Has Met all Applicable Requirements Under
Section 110 and Part D of the CAA
General SIP requirements. Section 110(a)(2) of title I of the CAA
delineates the general requirements for a SIP, which include
enforceable emissions limitations and other control measures, means, or
techniques; provisions for the establishment and operation of
appropriate devices necessary to collect data on ambient air quality;
and programs to enforce the limitations. General SIP elements and
requirements are delineated in section 110(a)(2) of title I, part A of
the CAA. These requirements include, but are not limited to, the
following: Submittal of a SIP that has been adopted by the state after
reasonable public notice and hearing; provisions for establishment and
operation of appropriate procedures needed to monitor ambient air
quality; implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (New Source Review (NSR) permit programs); provisions for
air pollution modeling; and provisions for public and local agency
participation in planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants (e.g., NOX SIP Call,\5\ CAIR,\6\
and the CSAPR). The section 110(a)(2)(D) requirements for a state are
not linked with a particular nonattainment area's designation and
classification in that
[[Page 65463]]
state. EPA believes that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, EPA does not believe that the CAA's interstate
transport requirements should be construed to be applicable
requirements for purposes of redesignation. However, as discussed later
in this notice, addressing pollutant transport from other states is an
important part of an area's maintenance demonstration.
---------------------------------------------------------------------------
\5\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP Call, Kentucky developed rules governing the
control of NOX emissions from EGUs, major non-electric
generating units (EGU) industrial boilers, major cement kilns, and
internal combustion engines. EPA approved Kentucky's rules as
fulfilling Phase I and Phase II of the NOX SIP Call on
October 23, 2009 (74 FR 54755).
\6\ On May 12, 2005 (70 FR 25162), EPA promulgated CAIR which
required 28 upwind States and the District of Columbia to revise
their SIPs to include control measures that would reduce emissions
of SO2 and NOX. Various aspects of CAIR rule
were petitioned in court and on December 23, 2008, the U.S. Court of
Appeals for the District of Columbia Circuit remanded CAIR to EPA
(see North Carolina v. EPA, 550 F.3d 1176 (DC Cir., December 2008))
which left CAIR in place to ``temporarily preserve the environmental
values covered by CAIR'' until EPA replaces it with a rule
consistent with the Court's ruling. The Court directed EPA to remedy
various areas of the rule that were petitioned consistent with its
July 11, 2008 (see North Carolina v. EPA,531 F.3d 836 (DC Cir., July
11, 2008)), opinion, but declined to impose a schedule on EPA for
completing that action. Id. Therefore, CAIR is currently in effect
in Kentucky.
---------------------------------------------------------------------------
In addition, EPA believes other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's attainment status are applicable requirements for purposes of
redesignation. The area will still be subject to these requirements
after the area is redesignated. The section 110 and part D requirements
which are linked with a particular area's designation and
classification are the relevant measures to evaluate in reviewing a
redesignation request. This approach is consistent with EPA's existing
policy on applicability (i.e., for redesignations) of conformity and
oxygenated fuels requirements, as well as with section 184 ozone
transport requirements. See Reading, Pennsylvania, proposed and final
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
EPA has not yet completed rulemaking on a submittal from Kentucky
dated August 26, 2008, addressing ``infrastructure SIP'' elements
required under the Clean Air Act (CAA or ``the Act'') section 110(a)(2)
for the 1997 PM2.5 NAAQS. However, these are statewide
requirements that are not a consequence of the nonattainment status of
the Northern Kentucky Area. EPA believes that section 110 elements not
linked to an area's nonattainment status are not applicable for
purposes of redesignation. See the Reading, Pennsylvania, proposed and
final rulemakings (61 FR 53174-53176, October 10, 1996 and 62 FR 24826,
May 7, 1997), the Cleveland-Akron-Loraine, Ohio, final rulemaking (61
FR 20458, May 7, 1996), and the Tampa, Florida, final rulemaking (60 FR
62748, December 7, 1995). Therefore, notwithstanding the fact that EPA
has not yet completed rulemaking on Kentucky's submittal for the
PM2.5 infrastructure SIP elements of section 110(a)(2), EPA
believes it has approved all SIP elements that must be approved as a
prerequisite for the redesignation to attainment of the Northern
Kentucky Area.
Title I, Part D requirements. EPA proposes that with approval of
Kentucky's base year emissions inventory, which is part of the
maintenance plan submittal, the Kentucky SIP will meet applicable SIP
requirements under part D of title I of the CAA. As discussed in
greater detail below, EPA believes the emissions inventory is
approvable because the 2008 direct PM2.5, SO2,
and NOX emissions for Kentucky were developed consistent
with EPA guidance for emissions inventories and represent a
comprehensive, accurate and current inventory as required by section
172(c)(3).
Part D, subpart 1 applicable SIP requirements. EPA has determined
that if the approval of the base year emissions inventories, discussed
in section IX of this rulemaking, is finalized, the Kentucky SIP will
meet the applicable SIP requirements for the Northern Kentucky Area for
purposes of redesignation under part D of the CAA. Subpart 1 of part D,
found in sections 172-176 of the CAA, sets for the basic nonattainment
requirements applicable to all nonattainment areas. All areas that were
designated nonattainment for the 1997 Annual PM2.5 NAAQS
were designated under subpart 1 of the CAA. The applicable subpart 1
requirements are contained in sections 172(c)(1)-(9) and in section
176.
For purposes of evaluating this redesignation request, the
applicable part D, subpart 1 SIP requirements for all nonattainment
areas are contained in sections 172(c)(1)-(9) and in section 176. A
thorough discussion of the requirements contained in section 172 can be
found in the General Preamble for Implementation of title I (57 FR
13498, April 16, 1992).
Subpart 1 Section 172 Requirements. Section 172(c)(1) requires the
plans for all nonattainment areas to provide for the implementation of
all reasonably available control measures (RACM) as expeditiously as
practicable and to provide for attainment of the NAAQS. EPA interprets
this requirement to impose a duty on all nonattainment areas to
consider all available control measures and to adopt and implement such
measures as are reasonably available for implementation in each area as
components of the area's attainment demonstration. Under section 172,
states with nonattainment areas must submit plans providing for timely
attainment and meeting a variety of other requirements. However,
pursuant to 40 CFR 51.1004(c), EPA's final determination that the Tri-
state Cincinnati-Hamilton Area was attaining the PM2.5
standard suspended Kentucky's obligation to submit most of the
attainment planning requirements that would otherwise apply.
Specifically, the determination of attainment suspended Kentucky's
obligation to submit an attainment demonstration and planning SIPs to
provide for reasonable further progress (RFP), RACM, and contingency
measures under section 172(c)(9).
The General Preamble for Implementation of Title I (57 FR 13498,
April 16, 1992) also discusses the evaluation of these requirements in
the context of EPA's consideration of a redesignation request. The
General Preamble sets forth EPA's view of applicable requirements for
purposes of evaluating redesignation requests when an area is attaining
a standard (General Preamble for Implementation of Title I (57 FR
13498, April 16, 1992)).
Because attainment has been reached in the Tri-state Cincinnati
Area, no additional measures are needed to provide for attainment, and
section 172(c)(1) requirements for an attainment demonstration and RACM
are no longer considered to be applicable for purposes of redesignation
as long as the Area continues to attain the standard until
redesignation. See also 40 CFR 51.1004(c).
The RFP plan requirement under section 172(c)(2) is defined as
progress that must be made toward attainment. This requirement is not
relevant for purposes of redesignation because EPA has determined that
the Tri-state Cincinnati-Hamilton Area, which includes the Northern
Kentucky Area, has monitored attainment of the 1997 Annual
PM2.5 NAAQS. See General Preamble, 57 FR 13564. See also 40
CFR 51.1004(c). In addition, because the Tri-state Cincinnati-Hamilton
Area has attained the 1997 Annual PM2.5 NAAQS and is no
longer subject to a RFP requirement, the requirement to submit the
section 172(c)(9) contingency measures is not applicable for purposes
of redesignation. Id.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual
[[Page 65464]]
emissions. As part of Kentucky's redesignation request for the Northern
Kentucky Area, Kentucky submitted a 2008 base year emissions inventory.
As discussed below in section VIII, EPA is proposing to approve the
2008 base year inventory submitted with the redesignation request as
meeting the section 172(c)(3) emissions inventory requirement.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. EPA has determined that,
since PSD requirements will apply after redesignation, areas being
redesignated need not comply with the requirement that a NSR program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the NAAQS without part D NSR. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Kentucky has demonstrated that the
Northern Kentucky Area will be able to maintain the NAAQS without part
D NSR in effect, and therefore Kentucky need not have fully approved
part D NSR programs prior to approval of the redesignation request.
Nonetheless, Kentucky currently has a fully-approved part D NSR program
in place. Kentucky's PSD program will become effective in the Northern
Kentucky Area upon redesignation to attainment. Section 172(c)(6)
requires the SIP to contain control measures necessary to provide for
attainment of the NAAQS. Because attainment has been reached, no
additional measures are needed to provide for attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, EPA believes the
Kentucky SIP meets the requirements of section 110(a)(2) applicable for
purposes of redesignation.
176 Conformity Requirements. Section 176(c) of the CAA requires
states to establish criteria and procedures to ensure that federally-
supported or funded projects conform to the air quality planning goals
in the applicable SIP. The requirement to determine conformity applies
to transportation plans, programs and projects that are developed,
funded or approved under title 23 of the United States Code (U.S.C.)
and the Federal Transit Act (transportation conformity) as well as to
all other federally-supported or funded projects (general conformity).
State transportation conformity SIP revisions must be consistent with
federal conformity regulations relating to consultation, enforcement
and enforceability that EPA promulgated pursuant to its authority under
the CAA.
EPA believes it is reasonable to interpret the conformity SIP
requirements \7\ as not applying for purposes of evaluating the
redesignation request under section 107(d) because state conformity
rules are still required after redesignation and federal conformity
rules apply where state rules have not been approved. See Wall v. EPA,
265 F.3d 426 (upholding this interpretation)(6th Cir. 2001); see also
60 FR 62748 (December 7, 1995, Tampa, Florida). Thus, the Northern
Kentucky Area has satisfied all applicable requirements for purposes of
redesignation under section 110 and part D of the CAA.
---------------------------------------------------------------------------
\7\ CAA Section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from the motor vehicle emission budgets that are
established in control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
b. The Northern Kentucky Area Has a Fully Approved Applicable SIP Under
Section 110(k) of the CAA
If EPA issues a final approval of the base year emissions
inventories, EPA will have fully approved the applicable Kentucky SIP
for the Northern Kentucky Area for the 1997 Annual PM2.5
nonattainment area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals in approving a redesignation request (see Calcagni Memorandum
at p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d
984, 989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional
measures it may approve in conjunction with a redesignation action (see
68 FR 25426 (May 12, 2003) and citations therein). Following passage of
the CAA of 1970, Kentucky has adopted and submitted, and EPA has fully
approved at various times, provisions addressing the various SIP
elements applicable for the 1997 Annual PM2.5 NAAQS in the
Northern Kentucky Area (65 FR 37879, June 19, 2000).
As indicated above, EPA believes that the section 110 elements not
connected with nonattainment plan submissions and not linked to the
area's nonattainment status are not applicable requirements for
purposes of redesignation. In addition, EPA believes that since the
part D subpart 1 requirements did not become due prior to submission of
the redesignation request, they are also not applicable requirements
for purposes of redesignation. Sierra Club v. EPA, 375 F.3d 537 (7th
Cir. 2004); 68 FR 25424, 25427 (May 12, 2003) (redesignation of the St.
Louis-East St. Louis Area to attainment of the 1-hour ozone NAAQS).
With the approval of the emissions inventory, EPA will have approved
all Part D subpart 1 requirements applicable for purposes of this
redesignation.
Criteria (3)--The Air Quality Improvement in the Kentucky Portion of
the Tri-State Cincinnati-Hamilton Area 1997 Annual PM2.5
NAAQS Nonattainment Area Is Due to Permanent and Enforceable Reductions
in Emissions Resulting From Implementation of the SIP and Applicable
Federal Air Pollution Control Regulations and Other Permanent and
Enforceable Reductions
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP and applicable federal air pollution
control regulations and other permanent and enforceable reductions (CAA
section 107(d)(3)(E)(iii)). EPA believes that Kentucky has demonstrated
that the observed air quality improvement in the Northern Kentucky Area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, federal measures, and other state
adopted measures.
Fine particulate matter, or PM2.5, refers to airborne
particles less than or equal to 2.5 micrometers in diameter. Although
treated as a single pollutant, fine particles come from many different
sources and are composed of many different compounds. One of the
largest components of PM2.5 is sulfate, which is formed
through various chemical reactions from the precursor SO2.
The other major component of PM2.5 is organic carbon, which
originates predominantly from biogenic emission sources. Nitrate, which
is formed from the precursor NOX, is also a component of
PM2.5. Crustal materials from windblown dust and elemental
carbon from combustion sources are less significant contributors to
total PM2.5.
[[Page 65465]]
State and federal measures enacted in recent years have resulted in
permanent emission reductions. Most of these emission reductions are
enforceable through regulations. A few non-regulatory measures also
result in emission reductions. The federal measures that have been
implemented include:
Tier 2 vehicle standards. In addition to requiring NOX
controls, the Tier 2 rule reduced the allowable sulfur content of
gasoline to 30 parts per million (ppm) starting in January of 2006.
Most gasoline sold prior to this had a sulfur content of approximately
300 ppm.
Heavy-duty gasoline and diesel highway vehicle standards. The
second phase of the standards and testing procedures, which began in
2007, reduces particulate matter (PM) and NOX from heavy-
duty highway engines and also reduces highway diesel fuel sulfur
content to 15 ppm. The total program is expected to achieve a 90 and 95
percent reduction in PM and NOX emissions from heavy-duty
highway engines, respectively.
Nonroad spark-ignition engines and recreational engines standards.
Tier 1 of this standard, implemented in 2004, and Tier 2, implemented
in 2007, have reduced and will continue to reduce PM emissions.
Large nonroad diesel engine standards. Promulgated in 2004, this
rule is being phased in between 2008 and 2014. This rule will reduce
sulfur content in nonroad diesel fuel and, when fully implemented, will
reduce NOX and direct PM2.5 emissions by over 90
percent from these engines.
NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX. Affected states were
required to comply with Phase I of the SIP Call beginning in 2004, and
Phase II beginning in 2007. Emission reductions resulting from
regulations developed in response to the NOX SIP Call are
permanent and enforceable.
CAIR and the Cross-State Air Pollution Rule (CSAPR). As previously
discussed, the remanded CAIR, originally promulgated to reduce
transported pollution, was left in place to ``temporarily preserve the
environmental values covered by CAIR'' until EPA replaced it with a
rule consistent with the Court's opinion. To remedy CAIR's flaws, EPA
promulgated the final CSAPR on August 8, 2011. CSAPR addresses the
interstate transport requirements of the CAA with respect to the 1997
ozone, 1997 PM2.5 and 2006 PM2.5 NAAQS. As noted previously,
the requirements of CAIR address emissions thru the 2011 control period
and CSAPR requires similar or greater emission reductions in the
relevant areas in 2012 and beyond.
The state measures that have been implemented to date and relied
upon by Kentucky to demonstrate attainment and/or maintenance include
NOX SIP Call regulations, open burning bans, and fugitive
emissions standards.
EPA believes that PM2.5 and PM2.5 precursor
reductions in and around the Tri-state Cincinnati-Hamilton Area have
contributed to improved air quality. The majority of the improvement in
ambient PM2.5 concentrations has resulted from reductions in
emissions from coal fired power plants. In addition, local controls of
NOX and SO2 installed on Unit 2 of the Duke
Energy East Bend coal fired utility plant in the Boone County have
decreased emissions by approximately 38 and 53 percent, for
NOX and SO2 respectively, between 2005 and 2009.
These reductions, prompted by the NOX SIP Call and CAIR,
included upgrades to flue gas desulfurization system in response to
CAIR and selective catalytic reduction (SCR) system installation as a
result of the NOX SIP Call. A summary of the emissions
reductions from 2005 to 2009 is for the entire Tri-state Cincinnati
Hamilton Area is provided in Table 2. EPA's analysis shows that
reductions of SO2 and NOX emissions, in tons per
year (tpy) are greater than decreases in emissions that could be
attributed to any decreases in electrical demand in the Tri-state
Cincinnati-Hamilton Area. These reductions are permanent and
enforceable through the NOX SIP Call and CSAPR.
Table 2--Summary of Emissions Reductions From Coal Fired Utilities in the Tri-state Cincinnati-Hamilton Area \8\
----------------------------------------------------------------------------------------------------------------
Facility--county Emissions difference
--------------------------------------------------------------------------------------- from 2005-2009 (tpy)
-------------------------
SO2 Percent Percent
reduction NOX reduction
----------------------------------------------------------------------------------------------------------------
Kentucky
East Bend--Boone Co..................................... 1,942 53 1,516 38
Indiana
Tanners Creek--Dearborn Co.............................. 30,091 65 4,432 56
Ohio
Miami Fort--Hamilton Co................................. 52,243 67 10,927 72
W.H. Zimmer--Clermont Co................................ 8,095 36 11,507 76
Walter C. Beckjord--Clermont Co......................... 24,982 37 2,065 16
----------------------------------------------------------------------------------------------------------------
Because PM2.5 concentrations in the Cincinnati-Hamilton
area are impacted by the transport of sulfates and nitrates, the area's
air quality is affected by regulation of SO2 and
NOX emissions from power plants. Table 3, below, presents
statewide EGU emissions data compiled by EPA's Clean Air Markets
Division for the years 2002 and 2008. Emissions for 2008 reflect
implementation of CAIR.
---------------------------------------------------------------------------
\8\ Data reflects reported actual emissions from the Clean Air
Markets Division Database http://camddataandmaps.epa.gov/gdm/index.cfm?fuseaction=emissions.wizard. Data is not normalized for
output.
[[Page 65466]]
Table 3--Comparison of 2002 and 2008 Statewide EGU NOX and SO2 Emissions (tpy) for States Impacting the Cincinnati-Hamilton Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX SO2
-----------------------------------------------------------------------------------------------
State Net change Net change
2002 2008 2002-2008 2002 2008 2002-2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama................................................. 161,559 112,625 -48,934 448,248 357,546 -90,702
Illinois................................................ 174,247 119,930 -54,317 353,699 257,357 -96,342
Indiana................................................. 281,146 190,092 -91,054 778,868 565,459 -213,409
Kentucky................................................ 198,599 157,903 -40,696 482,653 344,356 -138,297
Michigan................................................ 132,623 107,624 -25,000 342,999 326,501 -16,498
Missouri................................................ 139,799 88,742 -51,057 235,532 258,269 22,737
Ohio.................................................... 370,497 235,049 -135,448 1,132,069 709,444 -422,625
Pennsylvania............................................ 200,909 183,658 -17,251 889,766 831,915 -57,851
Tennessee............................................... 155,996 85,641 -70,356 336,995 208,069 -128,926
West Virginia........................................... 225,371 99,484 -125,887 507,110 301,574 -205,536
Wisconsin............................................... 88,970 47,794 -41,175 191,257 129,694 -61,563
-----------------------------------------------------------------------------------------------
Total............................................... 2,129,716 1,428,541 -701,175 5,699,195 4,290,184 -1,409,011
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3 shows that states impacting the Cincinnati-Hamilton area
reduced NOX and SO2 emissions from EGUs by
701,175 tons per year (tpy) and 1,409,011 tpy, respectively, between
2002 and 2008. In summary, reductions of EGU emissions of
SO2 and NOX contributed to the air quality
improvement in the Tri-state Cincinnati-Hamilton Area. Given the
remanded status of CAIR, this air quality improvement could not be
considered permanent at the time DAQ submitted its request for
redesignation of the Northern Kentucky Area. However, since that time
the CSAPR has been finalized, which mandates even greater reductions
than have already occurred under CAIR and, more importantly, more
reductions than are needed to maintain the standard in the Area.
Therefore, the final promulgation of the CSAPR in combination with the
other measures cited by Kentucky and described above, ensure that the
emission reductions that led the Area to attain the 1997 Annual
PM2.5 NAAQS can be considered permanent and enforceable for
purposes of section 107(d)(3)(E)(iii).
Criteria (4)--The Northern Kentucky Area Has a Fully Approved
Maintenance Plan Pursuant to Section 175A of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
Northern Kentucky Area to attainment for the 1997 Annual
PM2.5 NAAQS, DAQ submitted a SIP revision to provide for the
maintenance of the 1997 Annual PM2.5 NAAQS for at least 10
years after the effective date of redesignation to attainment. EPA
believes this maintenance plan meets the requirements for approval
under section 175A of the CAA.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the Commonwealth of Kentucky must submit a revised
maintenance plan, which demonstrates that attainment will continue to
be maintained for the 10 years following the initial 10-year period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain such contingency measures, as EPA deems necessary, to
assure prompt correction of any future 1997 Annual PM2.5
violations. The Calcagni Memorandum provides further guidance on the
content of a maintenance plan, explaining that a maintenance plan
should address five requirements: The attainment emissions inventory,
maintenance demonstration, monitoring, verification of continued
attainment, and a contingency plan. As is discussed more fully below,
EPA finds that the Commonwealth's maintenance plan includes all the
necessary components and is thus proposing to approve it as a revision
to the Kentucky SIP.
b. Attainment Emissions Inventory
The Tri-state Cincinnati-Hamilton Area attained the 1997 Annual
PM2.5 NAAQS based on monitoring data for the 3-year period
from 2007-2009. The Commonwealth selected 2008 as the attainment
emission inventory year. The attainment inventory identifies the level
of emissions in the Area, which is sufficient to attain the 1997 Annual
PM2.5 NAAQS. The Commonwealth began development of the
attainment inventory by first generating a baseline emissions inventory
for the Tri-state Cincinnati-Hamilton Area. As noted above, the year
2008 was chosen as the base year for developing a comprehensive
emissions inventory for the primary PM2.5 precursors,
SO2 and NOX, for which projected emissions could
be developed for 2011, 2015, 2018, and 2021. The projected inventory
included with the maintenance plan estimates emissions forward to 2021,
which is at the 10-year interval required in section 175(A) of the CAA.
In addition to comparing the final year of the plan, Kentucky compared
interim years to the 2008 baseline to demonstrate that these years are
also expected to show continued maintenance of the annual fine
particulate matter standard.
The emissions inventories are composed of four major types of
sources: point, area, on-road mobile and non-road mobile. The
attainment and future year emissions inventories were projected by Lake
Michigan Air Directors Consortium using the 2005 base year inventory
methodology as provided in the Appendix D of Kentucky's Submittal. The
future year emissions inventories have been estimated using projected
rates of growth in population, traffic, economic activity, expected
control programs, and
[[Page 65467]]
other parameters. Non-road mobile emissions estimates were based on the
EPA's non-road mobile model, with the exception of the railroad
locomotives, commercial marine, and aircraft engine. These emissions
are estimated by taking activity data, such as landings and takeoffs,
and multiplying by an Economic Growth Analysis System emission factor.
On-road mobile source emissions were calculated using EPA's MOVES2010
mobile emission factors model. The 2008 SO2, NOX
and PM2.5 emissions for the Tri-state Cincinnati-Hamilton
Area, as well as the emissions for other years, were developed
consistent with EPA guidance and are summarized in Table 5 of the
following subsection discussing the maintenance demonstration.
c. Maintenance Demonstration
The January 27, 2011, final submittal includes a maintenance plan
for the Northern Kentucky Area. This demonstration:
(i) Shows compliance with and maintenance of the annual
PM2.5 standard by providing information to support the
demonstration that current and future emissions of SO2,
NOX and PM2.5 remain at or below 2008 emissions
levels.
(ii) Uses 2008 as the attainment year and includes future emission
inventory projections for 2011, 2015, 2018, and 2021.
(iii) Identifies an ``out year'' at least 10 years after EPA review
and potential approval of the maintenance plan. per 40 CFR part 93,
NOX and PM2.5 MVEBs were established for the last
year (2021) of the maintenance plan. Additionally, Kentucky also opted
to establish MVEBs for the interim year of 2015. See section VI below.
(iv) Provides, as shown in Tables 4, 5, and 6 below, the actual and
projected emissions inventories, in tpy, for the Northern Kentucky
Area, and Table 7 below shows the actual and emissions inventories for
the entire Tri-state Cincinnati-Hamilton Area.
Table 4--Annual PM2.5 for the Northern Kentucky Area
----------------------------------------------------------------------------------------------------------------
PM2.5 Actual and projected estimated emissions (tpy)
----------------------------------------------------------------------------------------------------------------
Sector 2008 2011 2015 2018 2021
----------------------------------------------------------------------------------------------------------------
Point.......................................... 246.14 260.41 280.39 295.19 310.51
Area........................................... 921.66 922.39 923.39 924.46 925.55
Nonroad........................................ 497.22 457.58 408.89 372.32 338.50
Mobile......................................... 645.62 513.85 371.11 320.84 275.38
----------------------------------------------------------------
Total...................................... 2,310.64 2,154.23 1,983.78 1,912.82 1,849.94
----------------------------------------------------------------------------------------------------------------
Table 5--Annual NOX for the Northern Kentucky Area
----------------------------------------------------------------------------------------------------------------
NOX Actual and projected estimated emissions (tpy)
----------------------------------------------------------------------------------------------------------------
Sector 2008 2011 2015 2018 2021
----------------------------------------------------------------------------------------------------------------
Point.......................................... 2,094.21 1,891.67 1,646.47 1,549.91 1,457.54
Area........................................... 4,015.59 4,095.47 4,203.83 4,286.15 4,369.53
Nonroad........................................ 8,168.48 7,219.36 6,086.95 5,202.60 4,410.56
Mobile......................................... 13,114.20 10,135.95 6,996.22 5,618,08 4,435.96
----------------------------------------------------------------
Total...................................... 27,392.48 23,342.46 18,933.47 16,656.74 14,673.59
----------------------------------------------------------------------------------------------------------------
Table 6--Annual SO2 for the Northern Kentucky Area
----------------------------------------------------------------------------------------------------------------
SO2 Actual and projected estimated emissions (tpy)
----------------------------------------------------------------------------------------------------------------
Sector 2008 2011 2015 2018 2021
----------------------------------------------------------------------------------------------------------------
Point.......................................... 2,844.98 2,761.67 2,653.54 2.613.08 2,573.07
Area........................................... 2,756.35 2,785.21 2,824.05 2,853.38 2,882.91
Nonroad........................................ 832.54 728.03 604.74 513.85 433.13
Mobile......................................... 42.74 45.94 50.50 54.46 58.62
----------------------------------------------------------------
Total...................................... 7,422.44 6,476.61 6,132.83 6,034.77 5,947.73
----------------------------------------------------------------------------------------------------------------
Table 7--Emission Estimates for the Tri-State Cincinnati-Hamilton Area
----------------------------------------------------------------------------------------------------------------
Year NOX (tpy) SO2 (tpy) PM2.5 (tpy)
----------------------------------------------------------------------------------------------------------------
2008............................................................ 148,706.15 117,016.14 8,904.64
2015............................................................ 105,712.02 112,250.26 8,634.55
2021............................................................ 78,819.13 88,510.27 8,202.63
Difference from 2008 to 2021................................ -69,887.02 -28,505.87 -702.01
----------------------------------------------------------------------------------------------------------------
Tables 4 through 7 summarize the 2008 and future projected
emissions of direct PM2.5 and precursors from the counties
in the Northern Kentucky Area, and Tri-state Cincinnati-Hamilton Area.
As reflected in these tables, future emissions for the relevant
pollutants and precursors are expected to be below the'' attainment
level'' emissions in
[[Page 65468]]
2008, and thus illustrates that the Northern Kentucky and Tri-state
Cincinnati-Hamilton Area as a whole are expected to continue to attain
the 1997 PM2.5 NAAQS through 2021. In situations where local
emissions are the primary contributor to nonattainment, if the future
projected emissions in the nonattainment area remain at or below the
baseline emissions in the nonattainment area, then the ambient air
quality standard should not be violated in the future. EPA and the
Commonwealth believe that a significant portion of the nonattainment
problem in the Northern Kentucky Area is due to transport of power
plant emissions from power plants outside the nonattainment area. EPA
recently finalized the CSAPR, which mandates substantial regional
reductions of SO2 and NOX emissions in the
Eastern United States.
In CSAPR, EPA quantifies the reductions needed in specific states
to address each covered state's significant contribution to
nonattainment and interference with maintenance of specific NAAQS. In
that action, EPA also established FIPs to ensure that the significant
contribution to nonattainment and interference with maintenance
identified by EPA is prohibited.
The modeling for the final CSAPR identified nine states, including
Kentucky, Indiana, and Ohio, that have emissions that affect the Tri-
state Cincinnati-Hamilton Area's air quality. Table 8, below, shows
state-wide emission estimates for SO2 and NOX for
2005, 2012, and 2014, for the nine eastern states that were determined
to have a significant effect on the Tri-state Cincinnati-Hamilton
Area's air quality in relation to the 1997 Annual NAAQS. The values for
2005 reflect base year emissions estimates. The values for 2012 reflect
estimates for a scenario in which neither the CAIR nor a replacement
for the CAIR is in effect, reflecting a baseline that EPA used in
developing its proposed rule. The values for 2014 reflect estimates of
the mandated CSAPR reductions. These estimates are taken from Tables 6-
1 (NOX) and 6-2 (SO2) of the emissions technical
support document for the Transport Rule, available at http://www.epa.gov/airquality/transport/pdfs/TR_Proposal_Emissions_TSD.pdf.
These estimates exclude emissions from fires, which are a small
fraction of the inventory (well under 0.1 percent) that is projected to
remain constant and does not materially affect the comparison here.
Table 8--SO2 and NOX Emissions for States Significantly Contributing to the Tri-State Cincinnati-Hamilton Area 1997 Annual PM2.5 Nonattainment Area
(TPY)
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2 emissions NOX emissions
-----------------------------------------------------------------------------------------------
State 2012 (w/o 2014 (with 2014 (with
2005 base transport transport 2005 base 2012 (w/o transport
rule) rule) transport rule rule)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Kentucky................................................ 572,424 780,885 182,630 435,837 345,073 247,270
Ohio.................................................... 1,276,270 1,076,470 361,138 816,239 552,864 453,167
Indiana................................................. 1,047,371 986,601 396,403 614,861 505,039 386,251
Illinois................................................ 516,950 866,376 304,834 773,276 542,886 480,743
Michigan................................................ 490,190 415,042 300,560 638,546 478,625 410,319
Missouri................................................ 421,979 570,575 315,283 505,195 353,407 317,092
Pennsylvania............................................ 1,173,296 1,119,680 303,071 704,936 566,301 454,248
Tennessee............................................... 388,191 708,905 218,065 471,705 338,154 270,171
West Virginia........................................... 535,586 645,431 184,341 294,016 206,630 144,970
-----------------------------------------------------------------------------------------------
Total............................................... 6,422,257 7,169,965 2,566,325 5,254,611 3,888,979 3,164,231
--------------------------------------------------------------------------------------------------------------------------------------------------------
While EPA has not made emission estimates for 2021 that are
premised on the implementation of the CSAPR, Table 8 above shows
emission estimates that EPA has made for 2014 that include reductions
from the implementation of the CSAPR. These emission estimates show a
substantial decline in SO2 and NOX emissions
comparable to that shown in Kentucky's maintenance plan. Given the
substantial degree of control of the various electric EGUs in the Tri-
state Cincinnati-Hamilton Area, EPA finds Kentucky's projection of such
emission declines through 2021 to be appropriate forecasts of future
emissions. The promulgation of the CSAPR requires additional control
beyond those projected by Kentucky will result in emission reductions
in excess of those needed for continued maintenance of the
PM2.5 Annual NAAQS in the Northern Kentucky Area.
A maintenance plan requires the state to show that projected future
year emissions will not exceed the level of emissions which led the
Area to attain the NAAQS. Kentucky has projected emissions as described
previously and determined that emissions in the Northern Kentucky Area
will remain below those in the attainment year inventory for the
duration of the maintenance plan.
As discussed further in section VII of this proposed rulemaking, a
safety margin is the difference between the attainment level of
emissions (from all sources) and the projected level of emissions (from
all sources) in the maintenance plan. The attainment level of emissions
is the level of emissions during one of the years in which the area met
the NAAQS. Kentucky has decided to allocate a portion of the available
safety margins to the Area's NOX and PM2.5 MVEBs
for both 2015 and 2021 for the Northern Kentucky Area and has
calculated the safety margin in its submittal. Specifically, 18.56 tpy
and 27.54 tpy of the available PM2.5 safety margin for the
Kentucky portion of the Tri-state Cincinnati-Hamilton Area will be
allocated to the 2015 and 2021 Northern Kentucky Area MVEBs,
respectively. In addition, 1,049.43 tpy and 963.17 tpy of the available
NOX safety margins will be allocated to the 2015 and 2021
MVEBs, respectively. This allocation and the resulting available safety
margin for the Northern Kentucky Area are discussed further in section
VI of this proposed rulemaking.
d. Monitoring Network
There are currently two monitors measuring PM2.5 in the
Tri-state Cincinnati-Hamilton Area (two in the Northern Kentucky Area
and twelve in the remainder in the Ohio portion of this Area). The
Commonwealth of Kentucky, through DAQ, has committed to continue
operation of the monitors in the Northern Kentucky Area in
[[Page 65469]]
compliance with 40 CFR part 58 and have thus addressed the requirement
for monitoring. EPA approved Kentucky's 2010 monitoring plan on October
8, 2010. Ohio has made a similar commitment in their redesignation and
maintenance plan submission to EPA for this Area. There is no monitor
in the Indiana portion of this Area.
e. Verification of Continued Attainment
The Commonwealth of Kentucky, through DAQ, has the legal authority
to enforce and implement the requirements of the Northern Kentucky Area
1997 Annual PM2.5 maintenance plan. This includes the
authority to adopt, implement and enforce any subsequent emissions
control contingency measures determined to be necessary to correct
future PM2.5 attainment problems.
DAQ will track the progress of the maintenance plan by performing
future reviews of triennial emission inventories for the Northern
Kentucky Area as required in the Air Emissions Reporting Rule (AERR)
and Consolidated Emissions Reporting Rule (CERR). For these periodic
inventories, DAQ will review the assumptions made for the purpose of
the maintenance demonstration concerning projected growth of activity
levels. If any of these assumptions appear to have changed
substantially, then DAQ will re-project emissions for the Northern
Kentucky Area.
f. Contingency Measures in the Maintenance Plan
The contingency measures are designed to promptly correct a
violation of the NAAQS that occurs after redesignation. Section 175A of
the CAA requires that a maintenance plan include such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation. The
maintenance plan should identify the contingency measures to be
adopted, a schedule and procedure for adoption and implementation, and
a time limit for action by the Commonwealth. A state should also
identify specific indicators to be used to determine when the
contingency measures need to be implemented. The maintenance plan must
include a requirement that a state will implement all measures with
respect to control of the pollutant that were contained in the SIP
before redesignation of the area to attainment in accordance with
section 175A(d).
In the January 27, 2011, submittal, Kentucky affirms that all
programs instituted by the Commonwealth and EPA will remain enforceable
and that sources are prohibited from reducing emissions controls
following the redesignation of the Area. The contingency plan included
in the submittal includes a triggering mechanism to determine when
contingency measures are needed and a process of developing and
implementing appropriate control measures. The Commonwealth of Kentucky
will use actual ambient monitoring data as the triggering event to
determine when contingency measures should be implemented.
Kentucky has identified a primary trigger as occurring when the 3-
year average of annual mean PM2.5 concentration is greater
than the 1997 Annual PM2.5 NAAQS of 15.0 [mu]g/m\3\, as
described in the Tri-state Cincinnati-Hamilton Area. In the event of a
monitored violation of the 1997 Annual NAAQS, the Commonwealth commits
to adopt one or more of the following control measures within nine
months in order to bring the Area into compliance. All regulatory
programs will be implemented within 18 months of the triggering
monitored violation:
Implementation of a program to require additional
emissions reductions on stationary sources;
Implementation of fuel programs, including incentives for
alternative fuels;
Restriction of certain roads or lanes, or construction of
such lanes for use by passenger buses or high-occupancy vehicles;
Trip-reduction ordinances;
Employer-based transportation management plans, including
incentives;
Programs to limit or restrict vehicle use in downtown
areas, or other areas of emission concentration, particularly during
periods of peak use;
Programs for new construction and major reconstruction of
paths or tracks for use by pedestrians or by non-motorized vehicles
when economically feasible and in the public interest;
Diesel reduction emissions strategies, including diesel
retrofit programs;
Any other control program that is developed and deemed to
be more advantageous for the area.
A secondary trigger will occur in the event that a measured value
of the weighted annual mean is 15.5 [mu]g/m\3\ or greater in a single
calendar year in any portion of the maintenance area. In such a case,
the Commonwealth will evaluate existing controls measures and determine
whether any further emission reduction measures should be implemented.
In addition to the triggers indicated above, Kentucky will monitor
regional emissions through the CERR and AERR, and compare them to the
projected inventories and the attainment year inventory.
EPA has concluded that the maintenance plan adequately addresses
the five basic components of a maintenance plan: attainment inventory,
monitoring network, verification of continued attainment, and a
contingency plan. Therefore, the maintenance plan SIP revision
submitted by the Commonwealth of Kentucky for the Northern Kentucky
Area meets the requirements of section 175A of the CAA and is
approvable.
VI. What is EPA's analysis of Kentucky's proposed NOX and
PM2.5 MVEBs for the Northern Kentucky Area?
Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment
demonstration) and maintenance plans create MVEBs for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, a MVEB must be established for the last
year of the maintenance plan. A state may adopt MVEBs for other years
as well. The MVEB is the portion of the total allowable emissions in
the maintenance demonstration that is
[[Page 65470]]
allocated to highway and transit vehicle use and emissions. See 40 CFR
93.101. The MVEB serves as a ceiling on emissions from an area's
planned transportation system. The MVEB concept is further explained in
the preamble to the November 24, 1993, Transportation Conformity Rule
(58 FR 62188). The preamble also describes how to establish the MVEB in
the SIP and how to revise the MVEB.
After interagency consultation with the transportation partners for
the Tri-state Cincinnati-Hamilton Area, Kentucky has elected to develop
MVEBs for NOX and PM2.5 for the Northern Kentucky
Area (i.e., Boone, Campbell and Kenton Counties).\9\ Kentucky is
developing these MVEBs, as required, for the last year of its
maintenance plan, 2021. Kentucky also established MVEBs for the interim
year of 2015. The MVEBs reflect the total on-road emissions for 2015
and 2021, plus an allocation from the available NOX and
PM2.5 safety margin. Under 40 CFR 93.101, the term safety
margin is the difference between the attainment level (from all
sources) and the projected level of emissions (from all sources) in the
maintenance plan. The safety margin can be allocated to the
transportation sector; however, the total emissions must remain below
the attainment level. The NOX and PM2.5 MVEBs and
allocation from the safety margin were developed in consultation with
the transportation partners and were added to account for uncertainties
in population growth, changes in model vehicle miles traveled and new
emission factor models. The NOX and PM2.5 MVEBs
for the Northern Kentucky Area are defined in Table 9 below.
---------------------------------------------------------------------------
\9\ MVEBs for the remaining portion of the Tri-state Cincinnati-
Hamilton Area is addressed in the Ohio and Indiana submissions for
this Area, and will be addressed through a separate EPA action.
Table 9--Northern Kentucky Area MVEBs
[tpy]
------------------------------------------------------------------------
PM2.5 NOX
------------------------------------------------------------------------
2015 Mobile Emissions............................... 371.11 6,996.22
2015 Safety Margin Allocation....................... 18.56 1,049.43
-------------------
2015 Total Mobile Budget........................ 389.67 8,045.65
------------------------------------------------------------------------
2021 Mobile Emissions............................... 275.38 6,421.15
2021 Safety Margin Allocation....................... 27.54 963.17
-------------------
2021 Total Mobile Budget........................ 302.92 7,384.32
------------------------------------------------------------------------
As mentioned above, Kentucky has chosen to allocate a portion of
the available safety margin for the Northern Kentucky Area to the
NOX and PM2.5 MVEBs for 2015 and 2021. The
NOX safety margin allocation is 1,049.43 tpy and 963.17 tpy
for 2015 and 2021, respectively. Likewise, the PM2.5 safety
margin allocation is 18.56 tpy and 27.54 tpy for 2015 and 2021,
respectively.
Through this rulemaking, EPA is proposing to approve the MVEBs for
PM2.5 and NOX for 2015 and 2021,
including the allocation from the PM2.5 and NOX
safety margins, for the Northern Kentucky Area because EPA has made the
preliminary determination that the Area maintains the 1997 Annual
PM2.5 NAAQS with the emissions at the levels of the budgets.
Once the MVEBs for the Northern Kentucky Area are approved or found
adequate (whichever is completed first), they must be used for future
conformity determinations and the metropolitan planning organizations
must use the MOVES model in future PM2.5 conformity
determinations for their long-range transportation plans and
transportation improvement plans. After thorough review, EPA has
preliminarily determined that the budgets meet the adequacy criteria,
as outlined in 40 CFR 93.118(e)(4), and is proposing to approve the
budgets because they are consistent with maintenance of the Annual
PM2.5 NAAQS through 2021.
VII. What is the status of EPA's adequacy determination for the
proposed NOX and PM2.5 MVEBs for 2015 and 2021
for the Northern Kentucky Area?
When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA may affirmatively find the MVEB contained
therein adequate for use in determining transportation conformity. Once
EPA affirmatively finds the submitted MVEB is adequate for
transportation conformity purposes, that MVEB must be used by state and
federal agencies in determining whether proposed transportation
projects conform to the SIP as required by section 176(c) of the CAA.
EPA's substantive criteria for determining adequacy of MVEBs are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission,
a public comment period, and EPA's adequacy determination. This process
for determining the adequacy of submitted MVEBs for transportation
conformity purposes was initially outlined in EPA's May 14, 1999,
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' This guidance was finalized in the
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards and
Miscellaneous Revisions for Existing Areas; Transportation Conformity
Rule Amendments--Response to Court Decision and Additional Rule
Change,'' on July 1, 2004 (69 FR 40004). Additional information on the
adequacy process for transportation conformity purposes is available in
the proposed rule entitled, ``Transportation Conformity Rule
Amendments: Response to Court Decision and Additional Rule Changes,''
68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Kentucky's maintenance plan submission
includes NOX and PM2.5 MVEBs for the Northern
Kentucky Area for 2015 and 2021, the last year of the maintenance plan.
EPA reviewed the NOx and PM2.5 MVEBs through the adequacy
process. The Kentucky SIP submission, including the Northern Kentucky
Area NOX and PM2.5 MVEBs, was open for public
comment on EPA's adequacy Web site on February 14, 2011, found at:
http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA
public comment period on adequacy for the MVEBs for 2015 and 2021 for
Northern Kentucky Area closed on March 16, 2011. EPA did not receive
any comments on the adequacy of the MVEBs, nor did EPA receive any
requests for the SIP submittal.
EPA intends to make its determination on the adequacy of the 2015
and 2021 MVEBs for the Northern Kentucky Area for transportation
conformity purposes in the near future by completing the adequacy
process that was started on February 14, 2011. After EPA finds the 2015
and 2021 MVEBs adequate or approves them, the new MVEBs for
NOX and PM2.5 must be used for future
transportation conformity determinations. For required regional
emissions analysis years between 2015 and 2021, the applicable budgets
will be the new 2015 MVEBs established in the maintenance plan.
Starting in 2021, the applicable budgets will be the new 2021 MVEBs.
Both the 2015 and 2021 MVEBs are defined in section VII of this
proposed rulemaking.
VIII. What is EPA's analysis of the proposed 2008 base year emissions
inventory for the Northern Kentucky Area?
As discussed in section V above, section 172(c)(3) of the CAA
requires areas to submit a base year emissions inventory. As part of
Kentucky's request to redesignate the Northern Kentucky
[[Page 65471]]
Area, the Commonwealth submitted a 2008 attainment year emissions
inventory to meet this requirement. Emissions contained in the
submittal cover the general source categories of point sources, area
sources, on-road mobile sources, and non-road mobile sources. All
emission summaries were accompanied by source-specific descriptions of
emission calculation procedures and sources of input data. Kentucky's
submittal documents 2008 emissions in the Northern Kentucky Area in
units of tpy. Table 10 below provides a summary of the 2008 emissions
of direct PM2.5, NOX, and SO2 for the
Northern Kentucky Area.
Table 10--Northern Kentucky Area 2008 Emissions for PM2.5, NOX, by Source Category
[tpy (percent total)]
----------------------------------------------------------------------------------------------------------------
PM2.5 NOX SO2
----------------------------------------------------------------------------------------------------------------
Point Source Total..................................... 246.14 [10.7] 2094.21 [7.6] 2,844.98 [43.9]
Area Source Total...................................... 921.66 [39.9] 4,015.59 [14.7] 2,756.35 [42.6]
On-Road Mobile Source Total............................ 645.62 [27.9] 13,114.20 42.74 [0.7]
Non-Road Mobile Source Total........................... 497.22 [21.5] 8,168.48 [29.8] 832.54 [12.9]
--------------------------------------------------------
Total for all Sources.............................. 2,310.64 27,392.48 6,476.61
----------------------------------------------------------------------------------------------------------------
In today's notice, EPA is proposing to approve this 2008 base year
inventory as meeting the section 172(c)(3) emissions inventory
requirement.
IX. Proposed Actions on the Redesignation Request and Maintenance Plan
SIP Revisions Including Approval of the NOX and
PM2.5 MVEBs for 2015 and 2021 for the Northern Kentucky Area
EPA previously proposed to determine that the Tri-state Cincinnati-
Hamilton Area was attaining the 1997 PM2.5 NAAQS on June 3,
2011, at 76 FR 32110. EPA did not receive any comments, adverse or
otherwise, on its June 3, 2011, and will take final action on this
determination through an action separate from today's action. Further,
EPA is now taking three separate but related actions regarding the
Area's redesignation and maintenance of the 1997 Annual
PM2.5 NAAQS.
First, EPA is proposing to determine, based on complete, quality-
assured and certified monitoring data for the 2007-2009 monitoring
period, and after review of preliminary data in AQS for 2008-2010, that
the Tri-state Cincinnati-Hamilton Area continues to attain the 1997
Annual PM2.5 NAAQS. Provided that EPA takes final action to
approve the 2008 base emissions inventory, EPA is proposing to
determine that the Northern Kentucky Area has met the criteria under
CAA section 107(d)(3)(E) for redesignation from nonattainment to
attainment for the 1997 Annual PM2.5 NAAQS. On this basis,
EPA is proposing to approve Kentucky's redesignation request for the
Northern Kentucky Area.
Second, EPA is proposing to approve Kentucky's 2008 emissions
inventory for the Northern Kentucky Area (under CAA section 172(c)(3)).
Kentucky selected 2008 as the attainment emissions inventory year for
the Northern Kentucky Area. This attainment inventory identifies a
level of emissions in the Area (as a part of the Tri-state Cincinnati-
Hamilton Area) that is sufficient to attain the 1997 Annual
PM2.5 NAAQS and also is a current, comprehensive inventory
that meets the requirements of section 172(c)(3).
Third, EPA is proposing to approve the maintenance plan for the
Northern Kentucky Area, including the PM2.5 and
NOX MVEBs for 2015 and 2021 submitted by Kentucky for the
Northern Kentucky Area, as meeting the requirements of section 175A of
the CAA. The maintenance plan demonstrates that the Area will continue
to maintain the 1997 Annual PM2.5 NAAQS, and the MVEBs meet
all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5).
Further, as part of today's action, EPA is describing the status of its
adequacy determination for the PM2.5 and NOX
MVEBs for 2015 and 2021 in accordance with 40 CFR 93.118(f)(1). Within
24 months from the effective date of EPA's adequacy determination or
EPA's final action to approve the MVEBs (whichever comes first), the
transportation partners will need to demonstrate conformity to the new
PM2.5 and NOX MVEBs pursuant to 40 CFR 93.104(e).
If finalized, approval of the redesignation request would change
the official designations of Boone, Campbell, and Kenton in the
Northern Kentucky Area for the 1997 Annual PM2.5 NAAQS,
found at 40 CFR part 81, from nonattainment to attainment. EPA is also
proposing to approve, into the Kentucky SIP, the maintenance plan for
the Northern Kentucky Area, the emissions inventory submitted with the
maintenance plan, and the 2015 and 2021 MVEBs.
X. What is the effect of EPA's proposed actions?
EPA's proposed actions establish the basis upon which EPA may take
final action on the issues being proposed for approval today. Approval
of Kentucky's redesignation request would change the legal designation
of Boone, Campbell, and Kenton Counties in Kentucky for the 1997 Annual
PM2.5 NAAQS, found at 40 CFR part 81, from nonattainment to
attainment. Approval of the Commonwealth's request would also
incorporate a plan for maintaining the 1997 Annual PM2.5
NAAQS in the Northern Kentucky Area through 2021 into the Kentucky SIP.
This maintenance plan includes contingency measures to remedy any
future violations of the 1997 Annual PM2.5 NAAQS and
procedures for evaluation of potential violations. The maintenance plan
also establishes NOX and PM2.5 MVEBs for the
Northern Kentucky Area portion of the Tri-state Cincinnati-Hamilton
Area. The proposed NOX and PM2.5 MVEBs for 2021
for the Northern Kentucky Area are 7,384.32 tpy and 302.92 tpy,
respectively. Kentucky also chose to establish interim year MVEBs for
2015 of 8,045.65 tpy and 389.67 tpy for NOX and
PM2.5, respectively. Final action would also approve the
Northern Kentucky Area's emissions inventory under CAA section
172(c)(3). Additionally, EPA is notifying the public of the status of
its adequacy determination for the NOX and PM2.5
MVEBs for 2015 and 2021 pursuant to 40 CFR 93.118(f)(1).
XI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
[[Page 65472]]
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these proposed actions merely approve state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, these proposed actions:
Are not ``significant regulatory action[s]'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have Tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the Commonwealth, and EPA notes that it will not impose substantial
direct costs on Tribal governments or preempt Tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, and Particulate
matter.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 6, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-26773 Filed 10-20-11; 8:45 am]
BILLING CODE 6560-50-P