[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Proposed Rules]
[Pages 4510-4522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1938]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2010-0255-201116; FRL-9624-2]
Air Quality Implementation Plans; Kentucky; Attainment Plan for
the Kentucky Portion of the Huntington-Ashland 1997 Annual
PM[bdi2].[bdi5] Nonattainment Area
AGENCY: Environmental Protection Agency (EPA or Agency).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a state implementation plan (SIP)
revision submitted by the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality
(DAQ), to EPA on December 3, 2008, for the purpose of providing for
attainment of the 1997 fine particulate matter (PM2.5)
national ambient air quality standards (NAAQS) in the Kentucky portion
of the Huntington-Ashland, West Virginia-Kentucky-Ohio PM2.5
nonattainment area (hereafter referred to as the ``Huntington-Ashland
Area'' or ``Area''). The Huntington-Ashland Area is comprised of Boyd
County and a portion of Lawrence County in Kentucky; Cabell and Wayne
Counties and a portion of Mason County in West Virginia; and Lawrence
and Scioto Counties and portions of Adams and Gallia Counties in Ohio.
The Kentucky plan (hereafter referred to as the ``attainment plan'')
pertains only to the Kentucky portion of the Huntington-Ashland Area.
EPA is now proposing to approve Kentucky's submittal regarding
reasonably available control technology (RACT) and reasonably available
control measures (RACM); reasonable further progress (RFP); base-year
and attainment-year emissions inventories; contingency measures; and,
for transportation conformity purposes, an insignificance determination
for PM2.5 and nitrogen oxides (NOX) for the
mobile source contribution to ambient PM2.5 levels for the
Commonwealth's portion of the Huntington-Ashland Area. This action is
being taken in accordance with the Clean Air Act (CAA or Act) and the
``Clean Air Fine Particle Implementation Rule,'' hereafter referred to
as the ``PM2.5 Implementation Rule,'' issued by EPA on April
25, 2007. The States of West Virginia and Ohio have provided separate
SIP revisions with attainment plans for their portions for the
Huntington-Ashland Area. EPA will act on those SIP revisions in
rulemaking separate from today's rulemaking.
DATES: Written comments must be received on or before February 29,
2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2010-0255 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2010-0255, 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
[[Page 4511]]
Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0255. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email 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
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 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 action is EPA proposing to take?
II. What is the background for EPA's proposed action?
A. Designation History
B. Clean Air Fine Particle Implementation Rule
C. Attaining Data Determination and Finding of Attainment
III. What is included in Kentucky's attainment plan submittal?
IV. What is EPA's analysis of Kentucky's attainment plan submittal?
A. Attainment Demonstration
1. Pollutants Addressed
2. Emissions Inventory Requirements
3. Modeling
4. Reasonably Available Control Measures/Reasonably Available
Control Technology (RACM/RACT)
5. Reasonable Further Progress
6. Contingency Measures
7. Attainment Date
B. Insignificance Determination for the Mobile Source
Contribution to PM2.5 and NOX Emissions
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA proposing to take?
EPA is proposing to approve Kentucky's SIP revision, submitted
through the DAQ to EPA on December 3, 2008, for the purpose of
demonstrating attainment of the 1997 Annual PM2.5 NAAQS for
the Kentucky portion of the Huntington-Ashland Area. Kentucky's
PM2.5 attainment plan includes an analysis of RACM/RACT, an
RFP plan, base-year and attainment-year emissions inventories for the
Area, contingency measures, and an insignificance determination for
mobile PM2.5 and NOx emissions for transportation conformity
purposes.
EPA has determined that Kentucky's PM2.5 attainment plan
for the 1997 Annual PM2.5 NAAQS for its portion of the
Huntington-Ashland Area meets applicable requirements of the CAA and
the PM2.5 Implementation Rule. EPA is proposing to approve
Kentucky's attainment plan for the Commonwealth's portion of the
Huntington-Ashland Area, including the insignificance determination for
PM2.5 and NOX for the mobile source contribution
to ambient PM2.5 levels for the Commonwealth's portion of
the Huntington-Ashland Area. EPA's analysis for this proposed action is
discussed in Section IV of this proposed rulemaking.
II. What is the background for EPA's proposed action?
A. Designation History
On July 18, 1997 (62 FR 36852), EPA established the 1997
PM2.5 NAAQS as an annual standard of 15.0 micrograms per
cubic meter ([micro]g/m\3\), based on a 3-year average of annual mean
PM2.5 concentrations, and a 24-hour (or daily) standard of
65 [micro]g/m\3\, based on a 3-year average of the 98th percentile of
24-hour concentrations. EPA established the NAAQS based on significant
evidence and numerous health studies demonstrating that serious health
effects are associated with exposures to PM2.5.
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. EPA and state air quality agencies
initiated the monitoring process for the 1997 PM2.5 NAAQS in
1999 and established a complete set of air quality monitors by January
2001. On January 5, 2005, EPA promulgated initial air quality
designations for the 1997 PM2.5 NAAQS (70 FR 944), which
became effective on April 5, 2005, based on air quality monitoring data
for calendar years 2001-2003.
On April 14, 2005, EPA promulgated a supplemental rule amending the
Agency's initial designations (70 FR 19844) but retaining the original
effective date of April 5, 2005. As a result of that supplemental rule,
PM2.5 nonattainment designations are in effect for 39 areas,
comprising 208 counties within 20 states (and the District of Columbia)
nationwide, with a combined population of about 88 million. The
Kentucky portion of the tri-state WV-KY-OH Huntington-Ashland Area,
which is the subject of this proposed rulemaking, is included in the
list of areas designated nonattainment for the 1997 PM2.5
NAAQS. As mentioned above, the Kentucky portion of the Huntington-
Ashland Area consists of Boyd County in its entirety and a portion of
Lawrence County, Kentucky.
On October 17, 2006, EPA strengthened the 24-hour PM2.5
NAAQS to 35 [micro]g/m\3\ and retained the level of the Annual
PM2.5 NAAQS at 15.0 [micro]g/m\3\.
[[Page 4512]]
See 71 FR 61144. On November 13, 2009, EPA designated areas as either
attainment/unclassifiable, unclassifiable or nonattainment with respect
to the revised 24-Hour PM2.5 NAAQS. See 74 FR 58688. Of
relevance to the proposed rulemaking herein, EPA's November 2009
designation action clarified the designations for the 1997
PM2.5 NAAQS by relabeling the existing designation tables to
specifically identify designations made for the 1997 Annual
PM2.5 NAAQS and those made for the 1997 24-hour
PM2.5 NAAQS (i.e., 65 [micro]g/m\3\).
B. Clean Air Fine Particle Implementation Rule
As noted above, on April 25, 2007, EPA issued the PM2.5
Implementation Rule for the 1997 PM2.5 NAAQS (72 FR 20586).
This rule describes the CAA framework and requirements for developing
SIPs to achieve attainment in areas designated nonattainment for the
1997 PM2.5 NAAQS. Such attainment plans must include a
demonstration that a nonattainment area will meet the applicable NAAQS
within the timeframe provided in the statute. This demonstration must
include modeling that is performed in accordance with 40 CFR 51.112
(Demonstration of adequacy) and Appendix W to part 51 (Guideline on Air
Quality Models) and that is consistent with EPA modeling guidance. See
40 CFR 51.1007. The modeling demonstration should include supporting
technical analyses and descriptions of all relevant adopted Federal,
state, and local regulations and control measures that have been
adopted in order to provide for attainment of the 1997 PM2.5
NAAQS by the proposed attainment date.
For the 1997 PM2.5 NAAQS, an attainment demonstration
must show that a nonattainment area will attain the standards as
expeditiously as practicable, but within five years of designation
(i.e., by an attainment date of no later than April 5, 2010, based on
air quality data for 2007 through 2009). If the area is not expected to
meet the NAAQS by April 5, 2010, a state may request to extend the
attainment date by one to five years based upon the severity of the
nonattainment problem or the feasibility of implementing control
measures in the specific area. CAA section 172(a)(2). For EPA to
approve an extension of the attainment date beyond 2010, the state must
provide an analysis that is consistent with the statutory criteria for
an extension and that demonstrates that the attainment date is as
expeditious as practicable for the area, given the existing facts and
circumstances.
For each nonattainment area, the state (or each state of a multi-
state area) must demonstrate that it has adopted all RACM, including
all RACT, as needed to provide for attainment of the PM2.5
NAAQS in the area ``as expeditiously as practicable.'' The
PM2.5 Implementation Rule provides guidance for making these
RACM/RACT determinations. See discussion in section IV.A.4. below. Any
measures that are necessary to meet these requirements that are not
already federally promulgated or in an EPA-approved part of the SIP
must be submitted as part of a state's attainment plan. Any state
measures in the control strategy must meet the applicable statutory and
regulatory requirements, and, in particular, must be enforceable.
The PM2.5 Implementation Rule also includes guidance on
pollutants that states must address in their attainment plans. Section
302(g) of the CAA authorizes EPA to regulate criteria pollutants and
their precursors. The main chemical precursors associated with fine
particle formation are SO2, NOX, volatile organic
compounds (VOCs), and ammonia. The effect of reducing emissions of
precursor pollutants that contribute to PM2.5 concentrations
varies by area, however, depending upon local PM2.5
composition, emission levels, and other area-specific factors. For this
reason, the PM2.5 Implementation Rule recommends that states
control the direct PM2.5 emissions and the precursor
emissions that would be most effective for attaining the NAAQS within
the specific area, based upon an appropriate technical demonstration.
The PM2.5 Implementation Rule defines direct
PM2.5 emissions as ``solid particles emitted directly from
an air emissions source or activity, or gaseous emissions or liquid
droplets from an air emissions source or activity which condense to
form particulate matter at ambient temperatures. Direct
PM2.5 emissions include elemental carbon, directly emitted
organic carbon, directly emitted sulfate, directly emitted nitrate, and
other inorganic particles (including but not limited to crustal
material, metals, and sea salt).'' 40 CFR 51.1000.
The PM2.5 Implementation Rule requires states to
identify and evaluate sources of PM2.5 direct emissions and
PM2.5 attainment plan precursors. 40 CFR 51.1002(c). The
rule requires states to address SO2 as a PM2.5
attainment plan precursor and to evaluate SO2 for possible
control measures in all PM2.5 nonattainment areas. States
are also required to address and evaluate reasonable controls for
NOX as a PM2.5 attainment plan precursor unless
the state and EPA make a finding that NOX emissions from
sources in the state do not significantly contribute to
PM2.5 concentrations in the relevant nonattainment area.
Although current scientific information shows that certain VOC
emissions are precursors to the formation of secondary organic aerosol,
and significant progress has been made in understanding the role of
gaseous organic material in the formation of organic PM, this
relationship remains complex. Further research and technical tools are
needed to better characterize emissions inventories for specific VOCs
and to determine the extent of the contribution of specific VOCs to
organic PM mass. Because of these factors, the PM2.5
Implementation Rule does not require states to address or evaluate
controls for VOCs as PM2.5 attainment plan precursors unless
the state or EPA makes a finding that VOC emissions from sources in the
state significantly contribute to PM2.5 concentrations in
the relevant nonattainment area.
The PM2.5 Implementation Rule describes the formation of
particles related to ammonia emissions, which is a complex, nonlinear
process. Though recent studies have improved our understanding of the
role of ammonia in aerosol formation, further research is needed to
better describe the relationship between ammonia emissions and
particulate matter concentrations and the related impacts. Also, area-
specific data is needed to evaluate the effectiveness of reducing
ammonia emissions in reducing PM2.5 concentrations in
different areas and to determine where ammonia decreases may increase
the acidity of particles and precipitation. For these reasons, the
PM2.5 Implementation Rule does not require states to address
or evaluate controls for ammonia as PM2.5 attainment plan
precursors unless the state or EPA makes a finding that ammonia
emissions from sources in the state significantly contribute to
PM2.5 concentrations in the relevant nonattainment area.
The presumptive inclusion of NOX and the presumptive
exclusion of VOCs and ammonia as attainment plan precursors can be
reversed based on an acceptable technical demonstration for a
particular nonattainment area by the state or EPA. The state must
demonstrate that, based on the sum of available technical and
scientific information, it would be appropriate for a nonattainment
area to reverse the presumptive approach for a particular precursor.
Such a demonstration should include information from multiple
[[Page 4513]]
sources, such as results of speciation data analyses, air-quality
modeling studies, chemical-tracer studies, emissions inventories, or
special intensive measurement studies to evaluate specific atmospheric
chemistry in an area. See PM2.5 Implementation Rule, 72 FR
20596.
The PM2.5 Implementation Rule also provides guidance for
the other elements of a state's attainment plan, including, but not
limited to, emissions inventories, contingency measures, and motor-
vehicle emissions budgets used for transportation conformity purposes.
There are, however, three aspects of the preamble to the
PM2.5 Implementation Rule for which EPA received petitions
requesting reconsideration. The specific guidance elements identified
by petitioners pertain to the presumption or advance determination that
compliance with the requirements of the Clean Air Interstate Rule
(CAIR) automatically satisfies the requirements for RACT or RACM for
NOX or SO2 emissions from electric generating
unit (EGU) sources participating in regional cap and trade programs
(See PM2.5 Implementation Rule, section II.F.7.); the
suggestion that the economic feasibility element of a RACT
determination should include consideration of whether the cost of a
measure is reasonable in light of the benefits (See PM2.5
Implementation Rule, section II.F.5.); and the policy of allowing
certain emissions reductions from outside the nonattainment area to be
credited as meeting the RFP requirement (See PM2.5
Implementation Rule, section II.G.5.). EPA has granted these petitions
and intends to propose rulemaking to change these aspects of the
PM2.5 Implementation Rule. However, EPA's evaluation of the
attainment plan for the Huntington-Ashland Area is not impacted by its
reconsideration of any of these aspects of the PM2.5
Implementation Rule because the plan does not rely upon them.
C. Attaining Data Determination and Finding of Attainment
On September 7, 2011, EPA determined that the Huntington-Ashland
Area had attaining data for the 1997 Annual PM2.5 NAAQS. 76
FR 55542. That determination was based on quality-assured, quality
controlled and certified ambient air monitoring data that shows the
area met the 1997 Annual PM2.5 NAAQS. Furthermore, in
accordance with CAA 179(c), EPA determined in the same notice that the
Huntington-Ashland Area attained the 1997 Annual PM2.5 NAAQS
by its applicable attainment date of April 5, 2010. This information is
mentioned here in support of EPA's determination that Kentucky's
attainment plan was sufficient to bring the Huntington-Ashland Area
into attainment no later than the required attainment date of April 5,
2010.
III. What is included in Kentucky's attainment plan submittal?
Kentucky's PM2.5 attainment plan submittal covers the
Kentucky portion of the Huntington-Ashland Annual PM2.5
nonattainment area, which is the only portion for which the
Commonwealth has jurisdiction. Today's action regards only the Kentucky
portion of the Huntington-Ashland Area. However, the modeling analysis
provided with Kentucky's attainment plan documentation includes
modeling results for the entire tri-state Area and the results of Ohio
and West Virginia's demonstrations for their portions of the Area, for
which the conclusions of attainment are consistent with that of
Kentucky's.
In accordance with section 172(c) of the CAA and the
PM2.5 Implementation Rule, the attainment plan submitted by
the DAQ for the Kentucky portion of the Huntington-Ashland Area
includes (1) emissions inventories for the plan's base year (2002) and
attainment year (2009); (2) an attainment demonstration; and (3) an
insignificance finding for the mobile source contribution of
PM2.5 and NOX. The attainment demonstration
includes: (a) technical analyses that locate, identify, and quantify
sources of emissions contributing to violations of the 1997 Annual
PM2.5 NAAQS; (b) analyses of future-year emissions
reductions and air quality improvements expected to result from
national and local programs; adopted emission reduction measures with
schedules for implementation; and contingency measures required under
section 172(c)(9) of the CAA. See 72 FR 20605.
To analyze future-year emission reductions and air quality
improvements, Kentucky used regional modeling analyses developed
through the Association for Southeastern Integrated Planning (ASIP).
The ASIP was a collaborative modeling and technical analysis effort
among the states of Kentucky, Alabama, Florida, Georgia, Mississippi,
North Carolina, South Carolina, Tennessee, Virginia and West Virginia
to develop a regional assessment of the controls needed to achieve
attainment of the 1997 PM2.5 NAAQS and the 2006 8-hour ozone
NAAQS. This regional modeling was performed in accordance with EPA's
``Guidance on the Use of Models and Other Analyses for Demonstrating
Attainment of Air Quality Goals for Ozone, PM2.5, and
Regional Haze'' (EPA-454/B-07-002, April 2007) (hereafter referred to
as ``EPA's Modeling Guidance'').
IV. What is EPA's analysis of Kentucky's attainment plan submittal?
A. Attainment Demonstration
Consistent with CAA requirements (see, e.g., section 172), and 40
CFR 51.1007, an attainment demonstration for a PM2.5
nonattainment area must include a showing that the area will attain the
annual and 24-hour standards as expeditiously as practicable. The
demonstration must also meet the requirements of 40 CFR 51.112 and Part
51, Appendix W, and include inventory data, modeling results, and
emissions reduction analyses on which the state has based its projected
attainment. In the case of the Huntington-Ashland Area, the Area has
already attained the standard. Thus, EPA is now proposing to determine
that the attainment demonstration submitted by the Commonwealth was
sufficient, and EPA is taking action to approve individual components
that are necessary for the continued attainment and maintenance of the
Area.
1. Pollutants Addressed
As discussed in section II.B. above, the PM2.5
Implementation Rule requires states to identify and evaluate sources of
PM2.5 direct emissions and PM2.5 attainment plan
precursors. The rule provides that SO2 is a PM2.5
attainment plan precursor in all areas. The rule also sets forth the
rebuttable presumptions that NOX is a PM2.5
attainment plan precursor in all areas and that ammonia and VOCs are
not PM2.5 attainment plan precursors. Neither Kentucky nor
the EPA has found reason to reverse these presumptions for the
Huntington-Ashland Area. Accordingly, Kentucky's PM2.5
attainment plan evaluates emissions of direct PM2.5,
SO2, and NOX in the Kentucky portion of the
Huntington-Ashland Area.
2. Emissions Inventory Requirements
States are required under section 172(c)(3) of the CAA to develop
comprehensive, accurate and current emissions inventories of all
sources of the relevant pollutant or pollutants in the area. These
inventories provide a detailed accounting of all emissions and
emissions sources by precursor or pollutant. In addition, inventories
are used in air quality modeling to demonstrate that attainment of the
1997 PM2.5 NAAQS is as expeditious as
[[Page 4514]]
practicable and, if an attainment date extension beyond 2010 is needed,
to support the need for such an extension. Emissions inventory guidance
was provided in the April 1999 document, ``Emissions Inventory Guidance
for Implementation of Ozone and Particulate Matter NAAQS and Regional
Haze Regulations,'' (EPA-454/R-99-006), which was updated in November
2005 (EPA-454/R-05-001) (hereafter referred to as ``EPA's Emissions
Inventory Guidance''). Emissions reporting requirements were provided
in the 2002 Consolidated Emissions Reporting Rule (CERR) (67 FR 39602).
On December 17, 2008 (73 FR 76539), EPA promulgated the Air Emissions
Reporting Requirements (AERR) to update emissions reporting
requirements in the CERR and to harmonize, consolidate and simplify
data reporting by states.
In accordance with the CERR and EPA's Emissions Inventory Guidance,
the PM2.5 Implementation Rule requires states to submit
inventory information on directly emitted PM2.5 and
PM2.5 precursors and any additional inventory information
needed to support an attainment demonstration and (where applicable) an
RFP plan.
PM2.5 is comprised of filterable and condensable
emissions. Condensable particulate matter (CPM) can comprise a
significant percentage of direct PM2.5 emissions from
certain sources and are required to be included in national emissions
inventories based on emission factors. Test Methods 201A and 202 are
available for source-specific measurement of condensable emissions.
However, the PM2.5 Implementation Rule notes that there were
issues raised by commenters related to availability and implementation
of these test methods as well as uncertainties in existing data for
condensable PM2.5. EPA established a transition period
during which EPA could assess possible revisions to available test
methods and to allow time for states to update emissions inventories as
needed to address direct PM2.5, including condensable
emissions. Because of the time required for this assessment, EPA
recognized that states would be limited in how to effectively address
CPM emissions and established a period of transition, up to January 1,
2011, during which state submissions for PM2.5 were not
required to address CPM emissions. Amendments to these test methods
were proposed on March 25, 2009 (74 FR 12969), and finalized on
December 21, 2010 (75 FR 80118). The amendments to Method 201A added a
particle-sizing device for PM2.5 sampling, and the
amendments to Method 202 revised the sample collection and recovery
procedures of the method to reduce the formation of reaction artifacts
that could lead to inaccurate measurements of CPM emissions.
The period of transition for establishing emissions limits for
condensable direct PM2.5 ended on January 1, 2011.
PM2.5 submissions made during the transition period are not
required to address CPM emissions, however, states must address the
control of direct PM2.5 emissions, including condensable
emissions, with any new action taken after January 1, 2011. Kentucky
submitted the Huntington-Ashland Area attainment plan prior to January
1, 2011, and did not consider CPM in addressing the control of
PM2.5 emissions.
In July 2008, EarthJustice filed a petition requesting
reconsideration of EPA's transition period for CPM emissions provided
in the PM2.5 Implementation Rule. In January 2009, EPA
decided to allow states that have not previously addressed CPM to
continue to exclude CPM for PSD permitting during the transition
period. Today's action reflects a review of Kentucky's submittal based
on current EPA guidance as described in the PM2.5
Implementation Rule.
The 172(c)(3) emissions inventory is developed by the incorporation
of data from multiple sources. States were required to develop and
submit to EPA a triennial emissions inventory according to the CERR for
all source categories (i.e., point, area, nonroad mobile and on-road
mobile). This inventory often forms the basis of data that are updated
with more recent information and data that also is used in their
attainment demonstration modeling inventory. Such was the case in the
development of the 2002 emissions inventory that was submitted in the
Commonwealth's attainment SIP for this Area. The 2002 emissions
inventory was based on data developed with Visibility Improvement State
and Tribal Association of the Southeast (VISTAS) contractors for the
same ten states of the ASIP effort and submitted by the states to the
2002 National Emissions Inventory. Several iterations of the 2002
inventories were developed for the different emissions source
categories resulting from revisions and updates to the data. This
resulted in the use of version G2 of the updated data to represent the
point sources' emissions. Data from many databases, studies and models
(e.g., vehicle miles traveled, fuel programs, the NONROAD 2002 model
data for commercial marine vessels, locomotives and Clean Air Market
Division, etc.) resulted in the inventory submitted in this SIP. The
data were developed according to EPA's Emissions Inventory Guidance and
a quality assurance project plan that was developed through VISTAS and
approved by EPA. EPA agrees that the process used to develop this
inventory was adequate to meet the requirements of the CAA, e.g., CAA
section 172(c)(3), and the implementing regulations.
Tables 1-5 below show the level of emissions in the Kentucky
portion of the Huntington-Ashland Area for 2002 by pollutant, county,
and emissions source category. The point, area, and nonroad values for
Lawrence County in the December 8, 2008, submittal were for the entire
county, not just the census block that EPA designated as nonattainment.
On May 26, 2011, at the request of EPA, the Commonwealth submitted
updated tables to include information on point source emissions from
the designated census block and population based apportionment of the
area and nonroad sectors to support the mobile source insignificance
finding discussed further in Section IV.B. below. A copy of the May 26,
2011, clarification letter and updated tables can be found in the
docket for this proposed action (EPA-R02-OAR-2010-0255) on the
www.regulations.gov Web site. EPA is proposing to approve the emissions
inventory for the Kentucky portion of the Huntington-Ashland Area as
meeting the requirements of Section 172(c)(3) of the CAA.
Table 1--Base and Attainment Year VOC Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
VOC (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 3083 3259 98 119 3181 3378
Area........................................ 780 775 374 357 1154 1132
[[Page 4515]]
Mobile...................................... 991 613 409 269 1400 882
Nonroad..................................... 312 256 223 271 535 527
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Total................................... 5166 4903 1104 1016 6270 5919
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Table 2--Base and Attainment Year NOX Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
NOX (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 7046 7281 17129 5730 24175 13011
Area........................................ 40 46 87 93 127 139
Mobile...................................... 1213 774 785 528 1998 1302
Nonroad..................................... 3319 3107 726 664 4045 3771
-----------------------------------------------------------------------------------------------------------
Total................................... 11618 11208 18727 7015 30345 18223
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Base and Attainment Year SO2 Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
SO2 (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 9711 10432 48874 47739 58585 58171
Area........................................ 542 578 96 102 638 680
Mobile...................................... 54 6 30 4 84 10
Nonroad..................................... 482 380 85 52 567 432
-----------------------------------------------------------------------------------------------------------
Total................................... 10789 11396 49085 47897 59874 59293
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Base and Attainment Year PM2.5 Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
PM2.5 (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 1256 1255 335 413 1591 1668
Area........................................ 712 748 216 219 928 967
Mobile...................................... 21 15 14 10 35 25
Nonroad..................................... 131 121 30 28 161 149
-----------------------------------------------------------------------------------------------------------
Total................................... 2120 2139 595 670 2715 2809
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--Base and Attainment Year Ammonia Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
Ammonia (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 336 378 31 44 367 422
Area........................................ 38 38 28 28 66 66
Mobile...................................... 44 53 20 26 64 79
Nonroad..................................... 0 0 0 0 0 0
-----------------------------------------------------------------------------------------------------------
Total................................... 418 469 79 98 497 567
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA has reviewed Kentucky's emissions inventory and finds that it
is adequate for the purposes of meeting section 172(c)(3) emissions
inventory requirement. The emissions inventory is approvable because
the emissions were
[[Page 4516]]
developed consistent with the CAA, implementing regulations and EPA
guidance for emissions inventories. Additional emissions inventory
information, including summary tables for the Ohio and West Virginia
portions of the Huntington-Ashland Area, are included in Appendix E of
Kentucky's attainment SIP and are located in the docket for this
proposed action (EPA-R02-OAR-2010-0255) on the www.regulations.gov Web
site.
3. Modeling
The PM2.5 attainment demonstrations must include
modeling that should be developed in accordance with EPA's Modeling
Guidance. A brief description of the modeling used to support
Kentucky's attainment demonstration follows. More detailed information
can be found in Kentucky's December 3, 2010, SIP revision in the docket
for this proposed action (EPA-R02-OAR-2010-0255) on the
www.regulations.gov Web site.
Ambient PM2.5 typically includes both primary (directly
emitted) PM2.5 and secondary PM2.5 (e.g.,
sulfates and nitrates formed by chemical reactions in the atmosphere).
Some of the physicochemical processes leading to the formation of
secondary PM2.5 may take hours or days, as may some of the
removal processes. Thus, some sources of secondary PM2.5 may
be sources outside of the nonattainment area. To model a sufficient
geographic area to take these processes into account, Kentucky'
regional modeling domain covered an area slightly greater than the
geographical area of the VISTAS/ASIP states in this attainment
demonstration.
Kentucky, through the ASIP and VISTAS, conducted an analysis of the
major contributing components of PM2.5 in the Kentucky
portion of the Huntington-Ashland Area. Specifically, organic carbon
(OC) and sulfuric acid (SO4) account for the largest
contributions. The majority of OC can be attributed to biogenic
emissions and SO4 to emissions of SO2.
SO2 emissions are primarily associated with the point source
sector, accounting for approximately 98 percent of the SO2
emission in the Huntington-Ashland Area. Emissions sensitivity modeling
for the Huntington-Ashland Area indicated that SO2 emissions
reductions from EGUs in Kentucky, Tennessee, and West Virginia would
have the greatest benefits for the Area. The VISTAS modeling also
projects limited benefits to total PM2.5 emissions from
reductions of NOX. The modeling performed by VISTAS showed
that reductions of primary carbon from the mobile sector were more
effective than reductions of either VOCs or NOX from mobile
sources. EPA agrees with Kentucky's assertion that controlling
SO2 from point sources is the most effective means of
addressing attainment of the 1997 Annual PM2.5 NAAQS in the
Huntington-Ashland Area.
Model Selection and Inputs
The ASIP performed modeling for ozone and PM2.5 for the
10 collaborating southeastern states, including Kentucky. The modeling
analysis is a complex technical evaluation that began with selection of
the modeling system. The ASIP and/or VISTAS used the following modeling
system:
Meteorological Model: The Pennsylvania State University/
National Center for Atmospheric Research Mesoscale Meteorological Model
is a nonhydrostatic, prognostic meteorological model routinely used for
urban- and regional-scale photochemical, ozone, PM2.5, and
regional haze regulatory modeling studies.
Emissions Model: The Sparse Matrix Operator Kernel
Emissions modeling system is an emissions modeling system that
generates hourly gridded speciated emission inputs of mobile, non-road
mobile, area, point, fire and biogenic emission sources for
photochemical grid models.
Air Quality Model: The EPA's Models-3/Community Multiscale
Air Quality (CMAQ) modeling system is a photochemical grid model
capable of addressing ozone, PM, visibility and acid deposition at a
regional scale. The photochemical model selected for this study was
CMAQ version 4.5. It was modified through VISTAS with a module for
Secondary Organics Aerosols in an open and transparent manner that was
also subjected to outside peer review.
CMAQ modeling of regional haze in the VISTAS region for 2002 and
2009 was carried out on a grid of 12 x 12 kilometer cells that covers
the ten VISTAS states and states adjacent to them. This grid is nested
within a larger national CMAQ modeling grid of 36 x 36 kilometer grid
cells that covers the continental United States, portions of Canada and
Mexico, and portions of the Atlantic and Pacific Oceans along the east
and west coasts. Selection of a representative period of meteorology is
crucial for evaluating baseline air quality conditions and projecting
future changes in air quality due to changes in emissions of
visibility-impairing pollutants. VISTAS conducted an in-depth analysis
which resulted in the selection of the entire calendar year of 2002 as
the best period of meteorology available for conducting the CMAQ
modeling. As noted above, the VISTAS and ASIP states modeling was
developed consistent with EPA's Emissions Inventory Guidance and EPA's
Modeling Guidance.
VISTAS examined the model performance of the regional modeling for
the areas of interest before determining whether the CMAQ model results
were suitable for use in the assessment of an attainment of the
PM2.5 NAAQS and for use in the modeling assessment. The
modeling assessment predicts future levels of emissions and visibility
impairment used to support the 2009 PM2.5 control strategy.
In keeping with the objective of the CMAQ modeling platform, the air
quality model performance was evaluated using graphical and statistical
assessments based on measured ozone, fine particles, and acid
deposition from various monitoring networks and databases for the 2002
base year. A diverse set of statistical parameters from the EPA's
Modeling Guidance was used to stress and examine the model and modeling
inputs. Once the model performance of the 2002 base year was determined
to be acceptable, the EPA model attainment test was used to assess
whether attainment of the PM2.5 NAAQS would be achieved in
2009. The DAQ provided the appropriate supporting documentation for all
required analyses used to determine Kentucky's control strategy. The
technical analyses and modeling used to assess attainment in 2009 for
the Area is consistent with the CAA, EPA's PM2.5
Implementation Rule and EPA's Modeling Guidance. EPA accepts the VISTAS
and ASIP technical modeling to support the attainment SIP for the Area
because the modeling system was chosen and simulated according to EPA's
Modeling Guidance. For purposes of the Huntington-Ashland attainment
demonstration, EPA agrees with the VISTAS model performance procedures
and results, and that the CMAQ is an appropriate tool for the
assessment of PM2.5 for the Kentucky attainment
demonstration for this Area. Additional details on the ASIP and VISTAS
modeling is included in the Kentucky SIP.
Modeling Results
The modeling results were used in a relative sense in concert with
observed PM2.5 air quality data (i.e., taking the ratio of
future to present model predicted air quality and multiplying it times
an ``ambient design value''). The ambient design value is an average of
the three current design values (i.e., 2001, 2002, and 2003) that
straddle the modeling base year (i.e., 2002). EPA
[[Page 4517]]
recommends using the average of the three design value periods which
include the baseline inventory year. This average design value best
represents the baseline concentrations, while taking into account the
variability of meteorology and emissions (over a five-year period).
This EPA attainment test approach should reduce some of the uncertainty
involved with using absolute model predictions alone. Using the model
in a relative sense also reduces the effects of uneven model
performance and possible major biases in predicting absolute
concentrations of one or more components. The ratio of future to
present model predicted air quality resulted in relative reduction
factors (RRF). The multiplication of the RRF by an ambient design value
from the base year (i.e., 2002) provided estimates of future design
values to determine if monitors and areas with monitors in the
nonattainment area will comply with the annual PM2.5 NAAQS.
EPA provided guidance to states and tribes for projecting
PM2.5 concentrations using a ``speciated modeled attainment
test'' (SMAT) (EPA-454/B-07-002, April 2007). Once modeling for a
projection year and a base year are complete, RRFs are computed for
each component of PM2.5 in the modeling domain. Modeling by
Kentucky to assess attainment in the entire Huntington-Ashland Area
used the following components of PM2.5: SO4,
NO3, directly emitted organic particles, and directly
emitted inorganic particles. Ammonia is treated as part of
SO4 and NO3 molecules, and water is assumed to be
present at a constant mass in both the base year and projection year.
For each monitoring location, the RRF for a component is computed as
the ratio of the projection year divided by the base year modeled
concentration for a three-by-three array of modeled grid cells centered
on the monitoring location.
Projection year component concentrations are estimated by
multiplying the RRFs times a monitoring based base year component
concentration, determined by applying measured speciation data to the
monitored total PM2.5 design concentration. The sum of these
estimated projection year component concentrations is the estimated
projection year PM2.5 concentration. If future estimates of
PM2.5 concentrations are less than the 1997 PM2.5
NAAQS, then the modeling indicates attainment of the standard.
PM2.5 includes a mixture of components that can behave
independently from one another (e.g., primary vs. secondary particles)
or that are related to one another in a complex way (e.g., different
secondary particles). Thus, it is appropriate to consider the predicted
future concentration of PM2.5 to be the sum of the predicted
component concentrations. See 72 FR 20608. As recommended in EPA's
Modeling Guidance, Kentucky divided PM2.5 into its major
components and noted the future effects of already implemented
strategies on each. The effect on PM2.5 was estimated as a
sum of the effects on individual components. Future PM2.5
design values at specified monitoring sites were estimated by adding
the future-year values of seven PM2.5 components. All future
site-specific PM2.5 design values were below the
concentration specified in the NAAQS; therefore, the Huntington-Ashland
Area passed the SMAT evaluation.
EPA has also developed a software package called Modeled Attainment
Test Software (MATS) which will spatially interpolate data, adjust the
spatial fields based on model output gradients and multiply the fields
by model calculated RRFs. EPA recommended that the Commonwealth provide
MATS attainment test values for 2009 since the tool became available
soon after Kentucky had drafted its attainment demonstration. The 2009
MATS values for the entire Huntington-Ashland Area also indicate
attainment of the annual PM2.5 NAAQS in 2009. Table 7
illustrates the current (2002 DVC) and future (2009 DVF) annual design
values for 2009 for the monitors in the nonattainment area.
Table 7--2002 Current and 2009 Predicted Annual PM2.5 Design Values ([mu]g/m3)
----------------------------------------------------------------------------------------------------------------
Site No. State County 2002 Annual DVC 2009 Annual DVF
----------------------------------------------------------------------------------------------------------------
21-019-0017......................... KY Boyd................... 14.9 12.6
39-087-0010......................... OH Lawrence............... 15.7 13.7
39-145-0013......................... OH Scioto................. 17.1 14.7
54-011-0006......................... WV Cabell................. 16.5 14.4
----------------------------------------------------------------------------------------------------------------
Additional Analysis
Kentucky provided supplemental analysis to further support results
from the modeled attainment tests. As a first step, Kentucky noted that
the modeled attainment tests supported a conclusion that the proposed
strategy will meet the air quality goals by the attainment year. As
noted in section 7 of EPA's Modeling Guidance, corroboratory analyses
should be used to help assess whether a simulated control strategy is
sufficient to meet the NAAQS. One of the metrics identified in the
guidance is the calculations of the percent change in the number of
grid cells greater than or equal to 15.0 [micro]g/m\3\ in the
nonattainment area. For Kentucky's analysis, cell counts of modeling
data were tallied for both the 2002 baseline and 2009 attainment year
modeling runs for a subset of the highest days from the base year and
which coincide with the 29 days used in the model performance
evaluation and modeling results discussed previously. The analysis
indicates a 10 percent increase in the number of cells representing
days with concentrations below 15.0 [mu]g/m\3\.
Kentucky conducted an additional unmonitored area analysis to
ensure that a control strategy leads to reductions in PM2.5
at other locations which could have baseline (and future) design values
exceeding the NAAQS were a monitor deployed there. Consistent with
EPA's Modeling Guidance, the ASIP determined the 2002 current year and
2009 projected PM2.5 design values in the Huntington-Ashland
Area using the 2002 typical and 2009 BaseG4 CMAQ 12 km modeling
results. Appendix L of the Commonwealth's submittal contains maps which
illustrate that the MATS projections for the unmonitored areas in
Kentucky and the entire Huntington-Ashland Area will be below the
PM2.5 NAAQS by 2009.
EPA Analysis
Kentucky's PM2.5 attainment demonstration submittal
covers only the portion of the Huntington-Ashland Area for which
Commonwealth has jurisdiction (Boyd County and a portion of Lawrence
County). However, the modeling results for the West Virginia and Ohio
portions of the Area reach conclusions of attainment which are
[[Page 4518]]
consistent with that of Kentucky. The technical analyses and modeling
to assess attainment of the entire nonattainment Area were developed
consistent with EPA's Modeling Guidance. The modeling system was chosen
and simulated to develop a model performance evaluation of the
nonattainment area to provide the necessary assurances and results that
an assessment of future controls for attainment is merited. Application
of the EPA modeled attainment test and the MATS indicated future design
values that are less than 15.0 [mu]g/m\3\ and consistent with
attainment of the 1997 Annual PM2.5 NAAQS. The additional
analyses based on other regional modeling studies, including EPA and
the Midwest RPO, support the modeling results developed by the ASIP and
Kentucky. Finally, the area's status as having attained the standard
further supports the modeling results.
Current Air Quality Analysis
As noted in section II.C. above, on September 7, 2011, EPA
determined that the Huntington-Ashland Area had attaining data for the
1997 Annual PM2.5 NAAQS based upon data for the 3-year
period 2007-2009, with a design value (i.e., the highest 3-year average
of annual mean PM2.5 concentrations) of 14.3 [mu]g/m\3\. In
that same notice EPA noted that the Area also had attaining data for
the 3-year period 2008-2010, with a design value of 13.1 [mu]g/m\3\.
These data, which have been quality-assured, certified, and recorded in
EPA's Air Quality System (AQS), are summarized in Tables 8 and 9 below.
In addition, monitoring data thus far available, but not yet certified,
in the AQS database for 2011 show that this Area continues to meet the
1997 Annual PM2.5 NAAQS. The continuing decrease in
PM2.5 concentrations in the Area supports Kentucky's
determination that current measures were sufficient to bring the Area
into attainment by no later than the required attainment date of April
5, 2010.
---------------------------------------------------------------------------
\1\ West Virginia has a collocated monitor in place at the same
site for quality assurance purposes. The primary monitor, and not
the collocated monitor, is used to determine compliance with the
PM2.5 NAAQS. Since the collocated monitor takes fewer
readings than the primary monitor, its average annual values may be
unrepresentatively high. (See 40 CFR Part 50, Appendix N, 3(d)(1).)
\2\ The LCH Site was shut-down in February 2008. The Ironton DOT
site began operation on the same day the LCH Site ceased monitoring.
\3\ The Ironton DOT site did not begin operation until February
2008.
\4\ The Ironton DOT site began operation in February 2008 and
thus did collect 75 percent for the first quarter of 2008. However,
this was a new site and monitoring data did meet 75 percent
completeness for the remainder of the quarter and for the subsequent
quarters. As such, EPA does not consider the first quarter data to
be incomplete.
Table 8--2007-2009 Annual Average Concentrations in the Huntington-Ashland Area
----------------------------------------------------------------------------------------------------------------
Annual average
Site name County Site No. concentration
([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Huntington............................. Cabell, WV............... 54-011-0006.............. \1\ 14.3
Ashland Primary (FIVCO)................ Boyd, KY................. 21-019-0017.............. 12.4
Lawrence County Hospital............... Lawrence, OH............. 39-087-0010.............. \2\ 13.3
Ironton Department of Transportation Lawrence, OH............. 39-087-0012.............. 12.2
(DOT) \3\.
----------------------------------------------------------------------------------------------------------------
Table 9--2008-2010 Annual Average Concentrations in the Huntington-Ashland Area
----------------------------------------------------------------------------------------------------------------
Annual average
Site name County Site No. concentration
([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Huntington............................. Campbell................. 54-011-0006.............. 13.1
Ashland Primary (FIVCO)................ Boyd..................... 21-019-0017.............. 11.4
Ironton DOT \4\........................ Lawrence................. 39-087-0012.............. 12.2
----------------------------------------------------------------------------------------------------------------
4. Reasonably Available Control Measures/Reasonably Available Control
Technology (RACM/RACT)
a. Requirements for RACM/RACT
CAA section 172(c)(1) requires that each attainment plan ``provide
for the implementation of all reasonably available control measures as
expeditiously as practicable (including such reductions in emissions
from the existing sources in the area as may be obtained through the
adoption, at a minimum, of reasonably available control technology),
and shall provide for attainment of the national primary ambient air
quality standards.'' EPA interprets RACM, including RACT, under section
172 as measures that a state finds are both reasonably available and
contribute to attainment as expeditiously are practicable in the
nonattainment area. 40 CFR 51.1010; 72 FR 20586, 20612.
States are required to evaluate RACM/RACT for direct
PM2.5 emissions and all of the area's attainment plan
precursors. 40 CFR 51.1002(c); 72 FR 20586,20589-97. The state must
address SO2 as a PM2.5 attainment plan precursor
and evaluate sources of SO2 emissions in the state for
control measures. The state must address NOX as a
PM2.5 attainment plan precursor and evaluate sources of
NOX emissions in the state for control measures, unless the
state and EPA provide an appropriate technical demonstration for a
specific area showing that NOX emissions from sources in the
state do not significantly contribute to PM2.5
concentrations in the nonattainment area. Also, because EPA concluded
that VOCs and ammonia are presumptively not regulatory precursors for
PM2.5, the state is not required to evaluate RACM/RACT for
sources of VOCs or ammonia unless there is a determination supported by
an appropriate demonstration that such emissions need to be regulated
for expeditious attainment of the NAAQS in the specific area.
For PM2.5 attainment plans, the PM2.5
Implementation Rule requires a combined approach to RACM and RACT under
subpart 1 of Part D of the CAA (``Plan Requirements for Nonattainment
Areas/Nonattainment Areas in General''). Subpart 1, unlike subparts 2
and 4, does not identify specific source categories for which EPA must
issue control technique documents or guidelines and does not identify
specific source categories for state and EPA evaluation during
attainment plan development. 72 FR 20586, 20610.
[[Page 4519]]
Rather, under subpart 1, EPA considers RACT to be part of an area's
overall RACM obligation consistent with the section 172 definition.
Because the variable nature of the PM2.5 problem in
different nonattainment areas may require states to develop attainment
plans that address widely disparate circumstances, EPA determined not
only that states should have flexibility with respect to RACM/RACT
controls but also that in areas needing significant emission
reductions, RACM/RACT controls on smaller sources may be necessary to
reach attainment as expeditiously as practicable. 72 FR 20586, 20612
and 20615. Thus, under the PM2.5 Implementation Rule, RACT
and RACM are those reasonably available measures that contribute to
attainment as expeditiously as practicable in the specific
nonattainment area. 40 CFR 51.1010; 72 FR 20586, 20612.
The PM2.5 Implementation Rule requires that attainment
plans include the list of measures that a state considered and
information sufficient to show that the state met all requirements for
the determination of what constitutes RACM/RACT in a specific
nonattainment area. 40 CFR 51.1010(a). In addition, the rule requires
that the state, in determining whether a particular emissions reduction
measure or set of measures must be adopted as RACM/RACT, consider the
cumulative impact of implementing the available measures and to adopt
as RACM/RACT any potential measures that are reasonably available
considering technological and economic feasibility if, considered
collectively, they would advance the attainment date by one year or
more. If a measure or measures is not necessary for expeditious
attainment of the NAAQS in the area, then by definition that measure is
not RACM/RACT for purposes of the 1997 PM2.5 NAAQS in that
area. Any measures that are necessary to meet these requirements which
are not already either federally promulgated, part of the state's SIP,
or otherwise creditable in SIPs must be submitted in enforceable form
as part of a state's attainment plan for the area. 72 FR 20586, 20614.
Guidance provided in the PM2.5 Implementation Rule for
evaluating RACM/RACT level controls for an area also indicates that
there could be flexibility with respect to those areas that were
predicted to attain the 1997 PM2.5 NAAQS within five years
of designation as a result of existing national or local measures. 72
FR 20586, 20612. In such circumstances, the state may conduct a more
limited RACM/RACT analysis that does not involve additional air quality
modeling. Moreover, the RACM/RACT analysis for such area would focus on
a review of reasonably available measures, the estimation of potential
emissions reductions, and the evaluation of the time needed to
implement the measures. Thus, the PM2.5 Implementation Rule
guidance recommends that an analysis for those areas expected to attain
within five years of designation as a nonattainment area for the 1997
PM2.5 NAAQS may be a less rigorous than for areas expected
to attain later.
A more comprehensive discussion of the RACM/RACT requirement for
PM2.5 attainment plans and EPA's guidance for it can be
found in the preamble to the PM2.5 Implementation Rule. 72
FR 20586, 20609-20633.
b. Kentucky's Analysis of Pollutants and Sources for the Huntington-
Ashland Area
Kentucky's analysis, which appears in chapter 7 of the attainment
plan submission, evaluates sources of PM2.5, SO2,
and NOX located in the nonattainment area for potential
control as RACM/RACT. The Commonwealth determined that controls of
sources of VOCs or ammonia would not be necessary for expeditious
attainment of the NAAQS in this area. EPA agrees that Kentucky's
determination is supported by its analysis. The Commonwealth's
determination with respect to which pollutants the plan should evaluate
is discussed in chapter 1 of the submittal.
After evaluating which pollutants should be addressed in the
attainment plan, the Commonwealth identified all source categories of
those emissions located within the nonattainment area to determine
available controls that could advance the attainment date by one year
or more. See Appendix M of the attainment plan submittal. Based on the
emissions inventory and other information, the Commonwealth identified
several source categories as sources that should be evaluated for
controls. Stationary source measure categories identified include
stationary diesel engine retrofit, rebuild or replacements; new or
upgraded emission control requirements for direct PM2.5
emissions at stationary sources; improved capture of particulate
emissions to increase the amount of PM2.5 ducted to control
devices; new or upgraded emission controls for PM2.5
precursors at stationary sources; energy efficiency measures to reduce
fuel consumption and associated pollutant emissions; and measures to
reduce fugitive dust from industrial sites. Mobile source measure
categories identified include on-road diesel engine retrofits for
school buses, trucks and transit buses using EPA verified technologies;
nonroad diesel engine retrofit, rebuild or replacement; diesel idling
programs for trucks, locomotive, and other mobile sources;
transportation control measures, including those listed in section
108(f) of the CAA and other transportation demand management and
transportation systems management strategies; programs to reduce
emissions or accelerate retirement of high emitting vehicles, boats,
and lawn and garden equipment; emissions testing and repair/maintenance
programs for on-road vehicles, nonroad heavy-duty vehicles and
equipment; programs to expand use of clean burning fuels; low emissions
specifications for equipment or fuel used for large construction
contracts, industrial facilities, ship yards, airports, and public or
private vehicle fleets; and opacity or other emissions standards for
``gross-emitting'' diesel equipment or vessels. Area source measure
categories identified include new open burning regulations and/or
measures to improve program effectiveness such as programs to reduce or
eliminate burning of land clearing vegetation; programs to reduce
emissions from woodstoves and fireplaces including outreach programs,
curtailments during days with expected high ambient levels of
PM2.5, and programs to encourage replacement of woodstoves
when houses are sold; controls on emissions from charbroiling or other
commercial cooking operations; and reduced solvent usage or solvent
substitution.
In accordance with 40 CFR 51.1010, the attainment demonstration
component for a PM2.5 nonattainment area SIP is required to
demonstrate that all RACM (including RACT for stationary sources)
necessary to demonstrate attainment as expeditiously as practicable
have been adopted. The cumulative impact of implementing available
measures must be considered in determining whether a particular
emission reduction measure or set of measures is required to be adopted
as RACM. Potential measures that are reasonably available considering
technical and economic feasibility must be adopted as RACM if,
considered collectively, they would advance the attainment date by one
year or more. Therefore, since Kentucky demonstrated attainment of the
1997 PM2.5 NAAQS in the Kentucky portion of the Huntington-
Ashland Area by the end of 2009, any RACM measures would have needed to
be in effect at the beginning of 2008 to have had any potential to
advance the attainment date by at least one year.
[[Page 4520]]
Through participation in regional planning efforts of the Southeast
Regional Planning Organization, VISTAS and the ASIP, Kentucky has
evaluated potential control measures to attain the fine particle. For
the relevant source categories, the Commonwealth evaluated the
potential control measures that would be considered reasonable for the
Huntington-Ashland Area, in light of timing and other considerations
consistent with EPA's guidance. DAQ determined that there were no
additional measures that could be adopted by January 1, 2008. In
addition, existing measures and measures planned for implementation by
2009 enabled the Huntington-Ashland Area to attain the 1997
PM2.5 NAAQS. Therefore, no further actions on RACM or RACT
are warranted.
c. Kentucky's Evaluation of RACM/RACT Control Measures for the
Huntington-Ashland Area
In accordance with section 172 of the CAA, the Kentucky portion of
the Huntington-Ashland Area has adopted all RACM, including RACT,
needed to attain the standards ``as expeditiously as practicable.''
Kentucky's demonstration for attaining the 1997 PM2.5 NAAQS
in the Kentucky portion of the Huntington-Ashland Area is based on the
following enforceable measures, as discussed in Chapter 5 of the plan:
tier 2 vehicle standards; heavy-duty gasoline and diesel highway
vehicle standards; large nonroad diesel engine standards; nonroad
spark-ignition engines and recreational engines standards; combustion
turbine MACTs; VOC 2-, 4-, 7-, and 10-year MACT standards; consent
agreements; open burning bans; and fugitive emissions standards.
d. Proposed Action on RACM/RACT Demonstration and Control Strategy
EPA is proposing to approve Kentucky's evaluation of RACM/RACT
control measures for the Kentucky portion of the Huntington-Ashland
Area. As noted in section C. above, EPA has already determined that the
Huntington-Ashland Area has attaining data for the 1997 Annual
PM2.5 NAAQS and met the standard by its applicable
attainment date of April 5, 2010. EPA's guidance for the
PM2.5 Implementation Rule recommends that if an area was
predicted through the attainment plan to attain the standard within
five years after designation, then the state could submit a more
limited RACM/RACT analysis and the state could elect not to do
additional modeling.
In light of the fact that the Kentucky portion of the Huntington-
Ashland Area is now attaining the standards, EPA proposes to conclude
that the attainment plan meets the RACM/RACT requirements of the
PM2.5 Implementation Rule and that the level of control in
the Commonwealth's attainment plan constitutes RACM/RACT for purposes
of the 1997 PM2.5 NAAQS. Because the PM2.5
Implementation Rule defines RACM/RACT as that level of control that is
necessary to bring the area into attainment as expeditiously as
practicable, the current level of Federally enforceable controls on
sources located within the Area is by definition RACM/RACT for this
Area for this purpose, given the Area's status as attaining the
standard.
5. Reasonable Further Progress
Section 172(c)(2) of the CAA and the PM2.5
Implementation Rule require that attainment plans include a
demonstration that reasonable further progress toward meeting air
quality standards will be achieved through generally linear incremental
improvement in air quality. For the 1997 PM2.5 NAAQS, a
state is required to submit a separate RFP plan for any area for which
the state seeks an extension of the attainment date beyond 2010. The
PM2.5 Implementation Rule set forth that an area that
demonstrates attainment within five years of the date of designation
will be considered to have satisfied the RFP requirement and is not
required to submit a separate RFP plan. See 40 CFR 51.1009(b). The
Kentucky attainment plan submittal meets the RFP requirements for the
Huntington-Ashland Area by demonstrating that the Area attained the
1997 PM2.5 NAAQS by the 2010 attainment date.
6. Contingency Measures
In accordance with section 172(c)(9) of the CAA, the
PM2.5 Implementation Rule requires that PM2.5
attainment plans include contingency measures. 40 CFR 51.1012 and 72 FR
at 20642-20646. (April 25, 2007). Contingency measures are additional
measures to be implemented in the event that an area fails to meet RFP
or fails to attain a standard by its attainment date. These measures
must be fully adopted rules or control measures that can be implemented
quickly and without additional EPA or state action if the area fails to
meet RFP or fails to attain by its attainment date and should contain
trigger mechanisms and an implementation schedule. In addition, they
should be measures not already included in the SIP control strategy for
attaining the standard and should provide for emission reductions
equivalent to one year of RFP.
The Kentucky attainment plan describes the contingency measures for
the Huntington-Ashland Area as being comprised of Federal measures that
were already in place and that would take effect automatically, without
further action by the Commonwealth or EPA, if the Area were to fail to
attain the standard by its attainment date. As noted in section II.C.
of this proposed rulemaking, EPA made a determination, based on
complete, quality-assured, quality-controlled, and certified ambient
air monitoring data for the 2007-2009 monitoring period, that the
Huntington-Ashland Area attained the 1997 Annual PM2.5 NAAQS
by the applicable attainment date of April 5, 2010. Because EPA has
determined, in accordance with CAA 179(c)(1), that the area attained by
its required deadline, no contingency measures for failure to attain by
this date need to be implemented. Furthermore, as set forth in the
PM2.5 Implementation Rule, areas that attained the NAAQS by
the attainment date are considered to have satisfied the requirement to
show RFP, and as such do not need to implement contingency measures to
make further progress to attainment. Since EPA has determined that the
Area has attained by the attainment date, the contingency measures
submitted by Kentucky are no longer necessary for the Huntington-
Ashland Area to meet RFP requirements or to attain the annual
PM2.5 NAAQS by the attainment date.
7. Attainment Date
Kentucky provided a demonstration of attainment of the 1997
PM2.5 NAAQS in the Huntington-Ashland Area by no later than
five years after the Area was designated nonattainment. In accordance
with the PM2.5 Implementation Rule, areas such as this,
demonstrating that they will attain the standard by April 5, 2010,
attainment deadline, are considered to have satisfied the requirement
to show RFP toward attainment and need not submit a separate RFP plan.
For similar reasons, such areas are also not subject to a requirement
for a mid-course review.
B. Insignificance Determination for the Mobile Source Contribution to
PM2.5 and NOX Emissions
The CAA requires federal actions in nonattainment and maintenance
areas to ``conform to'' the goals of SIPs. See, e.g., CAA section 176.
This means that such actions will not cause or contribute to violations
of a NAAQS; worsen the severity of an existing violation; or delay
timely attainment of any NAAQS
[[Page 4521]]
or any interim milestone. Actions involving Federal Highway
Administration (FHWA) or Federal Transit Administration (FTA) funding
or approval are subject to the transportation conformity rule (40 CFR
part 93, subpart A). Under this rule, metropolitan planning
organizations (MPOs) in nonattainment and maintenance areas coordinate
with state air quality and transportation agencies, EPA, and the FHWA
and FTA to demonstrate that their metropolitan transportation plans and
transportation improvement programs (TIP) conform to applicable SIPs.
This is typically determined by showing that estimated emissions from
existing and planned highway and transit systems are less than or equal
to the motor vehicle emissions budgets contained in a SIP.
For motor vehicle emissions budgets to be approvable, they must
meet, at a minimum, EPA's adequacy criteria found at 40 CFR
93.118(e)(4). In certain instances, the Transportation Conformity Rule
allows areas to forgo establishment of a MVEB where it is demonstrated
that the regional motor vehicle emissions for a particular pollutant or
precursor are an insignificant contributor to the air quality problem
in an area. The general criteria for insignificance determinations can
be found in 40 CFR 93.109(m). Insignificance determinations are based
on a number of factors, including the percentage of motor vehicle
emissions in context of the total SIP inventory; the current state of
air quality as determined by monitoring data for the relevant NAAQS;
the absence of SIP motor vehicle control measures; and the historical
trends and future projections of the growth of motor vehicle emissions.
EPA's rationale for providing for insignificance determinations is
described in the July 1, 2004, revision to the Transportation
Conformity Rule at 69 FR 40004.\5\ Specifically, the rationale is
explained on page 40061 under the subsection entitled ``XXIII.B. Areas
With Insignificant Motor Vehicle Emissions.'' Any insignificance
determination under review of EPA is subject to the adequacy and
approval process for EPA's action on the SIP.
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\5\ Since the July 1, 2004, revision, 40 CFR 93.109 was again
revised on March 24, 2010 because of the Transportation Conformity
Rule PM2.5 and PM10 Amendments update. In the
2004 preamble and rule, the insignificance determinations were
outlined in 40 CFR 93.109(k). Due to renumbering of this section in
the 2010 update, the provisions for insignificance determinations
are now located at 40 CFR 93.109(m).
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EPA made an insignificance finding through the transportation
conformity adequacy process for NOX and directly emitted
PM2.5 for the Kentucky portion of the Huntington-Ashland
PM2.5 nonattainment area on June 18, 2010 (75 FR 34734). As
a result of EPA's insignificance finding, the Kentucky portion of the
Huntington-Ashland Area was no longer required to perform regional
emissions analyses for either directly emitted PM2.5 or
NOX as part of future PM2.5 conformity
determinations for the 1997 Annual PM2.5 NAAQS until such
time that EPA reviewed and took action on the Huntington-Ashland Area's
attainment plan (the subject of today's proposed action). EPA's June
18, 2010, insignificance finding for directly emitted PM2.5
and NOX through the adequacy process (effective on July 6,
2010) only relates to the Kentucky portion of the tri-state Huntington-
Ashland Area.\6\
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\6\ In a letter dated October 23, 2009, EPA informed the State
of Ohio that regional mobile emissions of direct PM2.5
and NOX are insignificant for transportation conformity
purposes as well. That insignificance determination took effect on
December 22, 2009. EPA will review the adequacy of the West Virginia
submittal in a separate action.
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When EPA makes an insignificance determination through the adequacy
process for transportation conformity, EPA notes that an adequacy
determination does not imply that an insignificance determination in
the SIP (i.e., in this case the attainment plan) will ultimately be
approved. Consistent with EPA's adequacy review of Kentucky's December
3, 2008, attainment plan and the Agency's subsequent thorough review of
the entire SIP submission, EPA is proposing to approve Kentucky's
insignificance determination for the mobile source contribution of
NOX and PM2.5 emissions to the overall
PM2.5 emissions in the Huntington-Ashland Area. As stated
previously, the point, area, and nonroad values for Lawrence County in
the December 8, 2008 submittal were for the entire county, not just the
census block that U.S.EPA designated as nonattainment. The on-road
mobile emissions were determined specifically for the designated
portion of Lawrence County. On May 26, 2011, at the request of EPA, the
Commonwealth submitted updated tables to include information on point
source emissions from the designated census block and population based
apportionment of the area and non-road sectors to support the mobile
source insignificance finding.
EPA finds that Kentucky's SIP submittal meets the criteria in the
transportation conformity rules for an insignificance finding for both
NOX and PM2.5 contribution from motor vehicles in
the Kentucky portion of the Huntington-Ashland Area. That is, EPA finds
that the SIP submittal demonstrates that, for NOX and
PM2.5, regional motor vehicle emissions are an insignificant
contributor to the annual PM2.5 concentrations in the
Kentucky portion of the Area. This finding is based on the following
factors:
Tables 8.2-3 and 8.2-5 of Kentucky's submittal, as revised
on May 26, 2011, demonstrate that the on-road NOX and
PM2.5 emissions in 2009 for the Kentucky portion of the Area
are only 7.43 percent and 0.97 percent, respectively, of the total
emissions for the Kentucky portion of the Area.
The tables also show that mobile source emissions of
NOX and PM2.5 are declining. Specifically,
NOX and PM2.5 mobile emissions were projected to
decrease by approximately 28 percent and 40 percent, respectively,
between the 2002 and 2009. The decrease in NOX and
PM2.5 emissions were expected during a time when the VMT
were expected to increase by 16 percent in the Kentucky portion of the
Area.
There have been no SIP requirements for motor vehicles
control measures for the Kentucky portion of the Area.
According to the Ashland Area Metropolitan Planning
Organization (Ashland MPO) analysis, the projected mobile source
emissions to 2030 indicate that there is no reason to expect highway
motor vehicle growth that would cause a violation of the 1997 Annual
PM2.5 NAAQS.
As described above, the area has attained the 1997 Annual
PM2.5 standard and EPA is proposing to approve the
attainment plan for the Kentucky portion of the area.
As discussed above, the Area is not currently required to perform a
regional emissions analysis for the Kentucky portion of the Huntington-
Ashland Area based on the adequacy determination for the finding that
on-road emissions of NOX and direct PM2.5 are
insignificant contributors to the area's PM2.5 air quality
problem. Today EPA is proposing to approve that insignificance finding
as part of the state's attainment plan for the Area. If finalized, such
approval it would serve to confirm that the Kentucky portion of the
Area is not required to perform a regional emissions analysis for
either directly emitted PM2.5 or NOX as a part of
future PM2.5 conformity determinations for the 1997 Annual
PM2.5 standard.\7\ PM2.5 hot-spot
[[Page 4522]]
analysis will continue to apply for required projects under 40 CFR
93.116 and 93.123(b) of the Transportation Conformity Rule.
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\7\ If Kentucky submits a redesignation request and maintenance
plan for its portion of the Huntington-Ashland WV-KY-OH
PM2.5 nonattainment area and believes that on-road
emissions of NOX and direct PM2.5 remain
insignificant during the maintenance period, the maintenance plan
will need to include information to support a finding that on-road
emissions of NOX and direct PM2.5 continue to
be insignificant during the maintenance period. The insignificance
finding for the attainment demonstration does not automatically
continue to apply to the maintenance plan.
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Weighing all the factors for an insignificance finding,
particularly the minor contribution of mobile source NOX and
PM2.5, EPA has determined that the NOX and
PM2.5 contribution from motor vehicles emissions to the
Annual PM2.5 pollution for the Kentucky portion of the Area
are insignificant. EPA's insignificance finding should be considered
and specifically noted in the transportation conformity documentation
that is prepared for this area.
The insignificance determination that Kentucky submitted for the
Huntington-Ashland Area was developed with projected mobile source
emissions derived using the MOBILE6 motor vehicle emissions model. EPA
is proposing to approve the inventory and the insignificance
determination because this model was the most current model available
at the time Kentucky was performing its analysis. However, EPA has now
issued an updated motor vehicle emissions model known as Motor Vehicle
Emission Simulator or MOVES. In its announcement of this model, EPA
established a two-year grace period for continued use of MOBILE6
(extending to March 2, 2012), after which states (other than
California) must use MOVES in conformity determinations for
transportation plans and transportation improvement programs.
V. Proposed Action
EPA is proposing to approve Kentucky's annual PM2.5
attainment plan for the Kentucky portion of the Huntington-Ashland
Area. EPA has determined that the SIP meets applicable requirements of
the CAA, as described in the PM2.5 Implementation Rule.
Specifically, EPA is proposing to approve Kentucky's attainment
demonstration, including the RACM/RACT analysis; RFP analysis, base-
year and attainment-year emissions inventories; and, for transportation
conformity purposes, an insignificance determination for
PM2.5 and NOX for the mobile source contribution
to ambient PM2.5 levels for the Commonwealth's portion of
the Huntington-Ashland Area. The requirement for a RFP plan is
satisfied because Kentucky demonstrated attainment of the 1997
PM2.5 NAAQS in the Area by April 2010. Also, because EPA has
determined that the Area has attained by the attainment date, the
contingency measures submitted by Kentucky are no longer necessary for
the Huntington-Ashland Area to meet RFP requirements or to attain the
annual PM2.5 NAAQS by the attainment date.
VI. Statutory and Executive Order Reviews
Under the CAA, 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, this
proposed action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is 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.);
Does 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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is 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
Does 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, Particulate
matter.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-1938 Filed 1-27-12; 8:45 am]
BILLING CODE 6560-50-P