[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Proposed Rules]
[Pages 69409-69422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28090]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2012-0751; FRL-9751-8]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of
the Kentucky Portion of the Huntington-Ashland 1997 Annual Fine
Particulate Matter Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On February 12, 2012, the Commonwealth of Kentucky, through
the Kentucky Energy and Environment Cabinet, Division for Air Quality
(DAQ), submitted a request to redesignate the Kentucky portion of the
tri-state Huntington-Ashland, West Virginia-Kentucky-Ohio fine
particulate matter (PM2.5) nonattainment area (hereafter
referred to as the ``Huntington-Ashland Area'' or ``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 Huntington-Ashland Area. The Huntington-Ashland Area is
comprised of Boyd County and a portion of Lawrence County in Kentucky;
Lawrence and Scioto Counties and portions of Adams and Gallia Counties
in Ohio; and Cabell and Wayne Counties and a portion of Mason County in
West Virginia. EPA is proposing to approve the redesignation request
and the related SIP revision for Boyd and Lawrence Counties in
Kentucky, including the Commonwealth's plan for maintaining attainment
of the PM2.5 standard in the Kentucky portion of the
Huntington-Ashland Area. EPA is also proposing to approve the on-road
motor vehicle insignificance finding for direct PM2.5 and
nitrogen oxides (NOX) for the Kentucky portion of the
Huntington-Ashland Area. On May 4, 2011, and June 30, 2011,
respectively, Ohio and West Virginia submitted requests to redesignate
their portions of the Area to attainment for the 1997 Annual
PM2.5 NAAQS. EPA is taking action on the requests from Ohio
and West Virginia separately from these proposed actions.
DATES: Comments must be received on or before December 10, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0751, 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-2012-0751, 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-
2012-0751. 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,
[[Page 69410]]
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?
VI. What is EPA's analysis of Kentucky's proposed regional on-road
motor vehicle insignificance determination for the Kentucky portion
of the Huntington-Ashland area?
VII. What is the status of EPA's adequacy determination for the on-
road motor vehicle insignificance determination for the Kentucky
portion of the Huntington-Ashland area?
VIII. Proposed Actions on the Redesignation Request and Maintenance
Plan SIP Revision for the Kentucky Portion of the Huntington-Ashland
Area
IX. What is the effect of EPA's proposed actions?
X. 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
Huntington-Ashland Area is continuing to attain the 1997 Annual
PM2.5 NAAQS \1\ and to take additional actions related to
Kentucky's request to redesignate the Kentucky portion of the Area,
which are summarized as follows and described in greater detail
throughout this notice of proposed rulemaking: (1) to redesignate the
Kentucky portion of the Huntington-Ashland Area to attainment for the
1997 Annual PM2.5 NAAQS; and (2) to approve, under section
175A of the CAA, Kentucky's 1997 Annual PM2.5 NAAQS
maintenance plan for the Commonwealth's portion of the Huntington-
Ashland Area into the Kentucky SIP.
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\1\ On September 7, 2011, at 76 FR 55542, EPA determined that
the Huntington-Ashland 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 the Kentucky portion of the
Huntington-Ashland 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 Boyd County and
a portion of Lawrence County from nonattainment to attainment for the
1997 Annual PM2.5 NAAQS.
Second, EPA is proposing to approve Kentucky's 1997 Annual
PM2.5 NAAQS maintenance plan for the Kentucky portion of the
Huntington-Ashland Area (such approval being one of the CAA criteria
for redesignation to attainment status). The maintenance plan is
designed to help keep the Kentucky portion of the Huntington-Ashland
Area in attainment of the 1997 Annual PM2.5 NAAQS through
2022. As explained in Section V, EPA is also proposing to approve that
attainment can be maintained through 2023. The maintenance plan that
EPA is proposing to approve today includes an insignificance
determination for the on-road motor vehicle contribution of direct
PM2.5 and NOX to ambient PM2.5 levels
in the Kentucky portion of Huntington-Ashland Area for transportation
conformity purposes. EPA is proposing to approve (into the Kentucky
SIP) the on-road motor vehicle insignificance finding that is included
as part of Kentucky's maintenance plan for the 1997 Annual
PM2.5 NAAQS.
Further, EPA proposes to make the determination that the
Huntington-Ashland Area is continuing to attain the 1997 Annual
PM2.5 NAAQS and that all other redesignation criteria have
been met for the Kentucky portion of the Huntington-Ashland Area. The
bases for EPA's determination for the Area are discussed in greater
detail below.
EPA is also providing the public with an update on the status of
EPA's adequacy process for the on-road motor vehicle insignificance
determination for the Kentucky portion of the Huntington-Ashland Area.
Please see section VII of this proposed rulemaking for further
explanation of this process and for details.
Today's notice of proposed rulemaking is in response to Kentucky's
February 12, 2012, SIP revision, which requests redesignation of the
Kentucky portion of the Huntington-Ashland 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 secondary
PM2.5 are sulfur dioxide (SO2), NOX,
ammonia and volatile organic compounds (VOC). Unless otherwise noted by
the state or EPA, ammonia and VOC 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.\2\ 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 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.
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\2\ In response to legal challenges of the annual standard
promulgated in 2006, the United States Court of Appeals for the
District of Columbia Circuit (D.C. 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 (D.C.
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 Huntington-Ashland Area as
nonattainment for the 1997 PM2.5 NAAQS. In that action, EPA
defined the 1997 PM2.5 Huntington-Ashland Area to include
Boyd County and a portion of Lawrence County in Kentucky; Lawrence and
Scioto Counties and portions of Adams and Gallia Counties in Ohio; and
Cabell and Wayne Counties and a portion of Mason County in West
Virginia. On November 13, 2009, at 74 FR 58688, EPA promulgated
designations for the 24-hour standard established in 2006, designating
the Huntington-Ashland Area as attainment for this NAAQS. That action
clarified that the Huntington-Ashland Area was classified
unclassifiable/attainment for the 24-hour NAAQS promulgated in
[[Page 69411]]
1997. EPA did not promulgate designations for the annual
PM2.5 NAAQS promulgated in 2006 since that NAAQS was
essentially identical to the annual PM2.5 NAAQS promulgated
in 1997. Therefore, the Huntington-Ashland Area is designated
nonattainment for the annual PM2.5 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. That rule, at 40
CFR 51.1004(c), specifies some of the regulatory results of attaining
the NAAQS, as discussed below.
The 3-year ambient air quality data for 2008-2010 indicated no
violations of the 1997 Annual PM2.5 NAAQS for the
Huntington-Ashland Area. As a result, on February 12, 2012, Kentucky
requested redesignation of the Kentucky portion of the Huntington-
Ashland Area to attainment for the 1997 Annual PM2.5 NAAQS.
The redesignation request includes three years of complete, quality-
assured ambient air quality data for the 1997 Annual PM2.5
NAAQS for 2008-2010, indicating that this NAAQS had been achieved for
the entire Huntington-Ashland 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
Huntington-Ashland 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 Huntington-
Ashland Area can be attributed to the reduction of pollutant 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 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 February 12, 2012, the Commonwealth of Kentucky, through DAQ,
requested the redesignation of the Kentucky portion of the Huntington-
Ashland Area to attainment for the 1997 Annual PM2.5 NAAQS.
The Huntington-Ashland Area has attained the 1997 Annual
PM2.5 NAAQS, and EPA's preliminary evaluation indicates that
the Area 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. EPA is also announcing the status of its
adequacy determination for both the NOX and direct
PM2.5.
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 Kentucky portion of the
Huntington-Ashland Area to attainment for the 1997 Annual
PM2.5 NAAQS; and (2) approve into the Kentucky SIP the 1997
Annual PM2.5 NAAQS maintenance plan for the Kentucky portion
of the Huntington-Ashland Area. These actions are based upon EPA's
determination that the Huntington-Ashland Area continues to attain the
1997 Annual PM2.5 NAAQS and that all other redesignation
criteria have been met for the Kentucky portion of the Huntington-
Ashland Area. 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.
Criteria (1)--The Huntington-Ashland 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 Huntington-Ashland 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 [mu]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 7, 2011, at 76 FR 55542, EPA finalized a determination
that the Huntington-Ashland 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 Huntington-Ashland Area for the 1997
[[Page 69412]]
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. As such, EPA is not seeking
additional comment in today's action regarding this data. As noted in
EPA's September 7, 2011, action these data were quality-assured and
recorded in AQS. As summarized in Table 1 below, the 3-year averages
(i.e., design values) of the PM2.5 concentrations for the
years 2009, 2010, and 2011 show steady declines in ambient
PM2.5 concentrations in the Huntington-Ashland Area.
Table 1--Design Value Concentrations for the Huntington-Ashland Area for the 1997 Annual PM2.5 NAAQS ([mu]g/
m\3\)
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3-Year design values
Location County, state Monitor ID --------------------------------------
2007-2009 2008-2010 2009-2011
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Huntington........................ Cabell, WV........... 54-011-0006 14.3 13.1 12.1
Ashland Primary (FIVCO)........... Boyd, KY............. 21-019-0017 12.4 11.4 10.8
Lawrence County Hospital (LCH) \3\ Lawrence, OH......... 39-087-0010 13.3 NA NA
Ironton Department of Lawrence, OH......... 39-087-0012 12.2 12.2 11.4
Transportation (DOT) \4\.
Portsmouth........................ Scioto, OH........... 39-145-0013 12.3 11.6 10.9
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As discussed above, the design value for an area is the highest
average annual mean concentration recorded at any monitor in the area
for a 3-year period. Therefore, the 3-year annual design value
submitted by Kentucky for redesignation of the Huntington-Ashland Area,
for the period 2008-2010, is 13.1 [mu]g/m\3\, which meets the NAAQS as
described above. Additional details can be found in EPA's final clean
data determination for the Huntington-Ashland Area (76 FR 55542,
September 7, 2011). The most recent complete, quality-assured and
certified ambient monitoring data result in an annual design value for
the Huntington-Ashland Area of 12.1 [mu]g/m\3\, which also meets the
NAAQS, for the period 2009-2011. In addition, EPA has reviewed more
recent preliminary data that are available in AQS for the year 2012,
although not yet complete and certified, and notes that this data also
indicates the Huntington-Ashland Area continues to attain the 1997
PM2.5 NAAQS beyond the submitted 3-year attainment period of
2008-2010. 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.
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\3\ The Lawrence County Hospital Site was shut down in February
2008. The Ironton DOT site began operation on the same day the
Lawrence County Hospital Site ceased monitoring.
\4\ The Ironton DOT site did not begin operation until February
2008.
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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 Kentucky Portion of the
Huntington-Ashland 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 Kentucky portion of the Huntington-Ashland 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 Kentucky Portion of the Huntington-Ashland 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. The section 110(a)(2)(D) requirements for
a state are not linked with a
[[Page 69413]]
particular nonattainment area's designation and classification in that
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.
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 the Reading, Pennsylvania, proposed and
final rulemakings (61 FR 53174, October 10, 1996), (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 at (60 FR
62748, December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37879, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
EPA 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 on October 3, 2012. See 77 FR 60307. However,
these are statewide requirements that are not a consequence of the
nonattainment status of the Huntington-Ashland Area. As stated above,
EPA believes that section 110 elements not linked to an area's
nonattainment status are not applicable for purposes of redesignation.
Therefore, EPA believes it has approved all SIP elements under section
110 that must be approved as a prerequisite for redesignating the
Huntington-Ashland Area to attainment.
Title I, Part D, subpart 1 applicable SIP requirements. EPA
proposes to determine that the Kentucky SIP meets the applicable SIP
requirements for the Kentucky portion of the Huntington-Ashland 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 forth 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
Huntington-Ashland 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 Huntington-Ashland Area,
no additional measures are needed to provide for attainment, and the
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. 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 Huntington-Ashland Area, which includes the Kentucky portion of the
Huntington-Ashland 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 Huntington-Ashland 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 emissions. On
April 11, 2012, EPA approved Kentucky's 2002 base-year emissions
inventory for the Huntington-Ashland Area as part of the SIP revision
submitted by the Commonwealth to provide for attainment of the 1997
PM2.5 NAAQS in the Area. See 77 FR 21663.
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
[[Page 69414]]
Redesignation to Attainment.'' Kentucky has demonstrated that the
Kentucky portion of the Huntington-Ashland Area will be able to
maintain the NAAQS without part D NSR in effect; therefore, Kentucky
need not have fully approved part D NSR programs prior to approval of
the redesignation request. Kentucky's PSD program will become effective
in the Kentucky portion of the Huntington-Ashland 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.
Section 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 \5\ 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 Kentucky
portion of the Huntington-Ashland Area has satisfied all applicable
requirements for purposes of redesignation under section 110 and part D
of the CAA. Nonetheless, EPA approved the Kentucky Conformity SIP on
April 21, 2010. See 75 FR 20780.
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\5\ 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 Kentucky Portion of the Huntington-Ashland Area Has a Fully
Approved Applicable SIP Under Section 110(k) of the CAA
EPA has fully approved the applicable Kentucky SIP for the Kentucky
portion of the Huntington-Ashland 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
Kentucky portion of the Huntington-Ashland Area (77 FR 60307, October
3, 2012).
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). EPA
has 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 Huntington-Ashland 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 Kentucky portion of
the Huntington-Ashland 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.
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.
[[Page 69415]]
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.
Reciprocating Internal Combustion Engine Standard. Promulgated in
2010, this rule regulates emissions of air toxics from existing diesel
powered stationary reciprocating internal combustion engines that meet
specific site rating, age, and size criteria. When all of the
reciprocating internal combustion engine standards are fully
implemented in 2013, EPA estimates that annual PM2.5
emissions from these engines will be reduced by approximately 2,800
tons.
Category 3 Marine Diesel Engine Standards. Promulgated in 2010,
this rule establishes more stringent exhaust emission standards for new
large marine diesel engines with per cylinder displacement at or above
30 liters (commonly referred to as Category 3 compression-ignition
marine engines) as part of a coordinated strategy to address emissions
from all ships that effect U.S. air quality. Near-term standards for
newly built engines will apply beginning in 2011, and long-term
standards requiring an 80 percent reduction in NOX emissions
will begin in 2016.
NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued the
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 Transport Rule. On May 12, 2005, EPA published the
Clean Air Interstate Rule (CAIR), which requires significant reductions
in emissions of SO2 and NOX from electric
generating units to limit the interstate transport of these pollutants
and the ozone and fine particulate matter they form in the atmosphere.
See 76 FR 25162. The D.C. Circuit initially vacated CAIR, North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded
the rule to EPA without vacatur to preserve the environmental benefits
provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir.
2008). In response to the Court's decision, EPA issued the Transport
Rule, also known as the Cross-State Air Pollution Rule, to address
interstate transport of SO2 and NOX in the
eastern United States. See 76 FR 48208 (August 8, 2011). On August 21,
2012, the D.C. Circuit issued a decision to vacate the Transport Rule.
In that decision, the Court also ordered EPA to continue administering
CAIR ``pending the promulgation of a valid replacement.'' EME Homer
Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir., August 21, 2012).\6\
---------------------------------------------------------------------------
\6\ The Court's judgment is not final, as of November 7, 2012,
as the mandate has not yet been issued.
---------------------------------------------------------------------------
In light of the these unique circumstances and for the reasons
explained below, EPA proposes to approve the redesignation request and
the related SIP revision for Boyd County and a portion of Lawrence
County in Kentucky, including Kentucky's plan for maintaining
attainment of the standard in the Kentucky portion of the Huntington-
Ashland Area. The air quality modeling analysis conducted for the
Transport Rule demonstrates that the Huntington-Ashland Area would be
able to attain the 1997 Annual PM2.5 NAAQS even in the
absence of either CAIR or the Transport Rule. See ``Air Quality
Modeling Final Rule Technical Support Document,'' App. B, B-44, B-55--
56, and B-62. This modeling is available in the docket for this
proposed redesignation action. Nothing in the D.C. Circuit's August
2012 decision disturbs or calls into question that conclusion or the
validity of the air quality analysis on which it is based.
In addition, CAIR remains in place and enforceable until
substituted by a ``valid'' replacement rule. Kentucky's SIP revision
lists CAIR as a control measure that became state-effective February 2,
2007, and was approved by EPA on October 4, 2007, for the purpose of
reducing SO2 and NOX emissions. The monitoring
data used to demonstrate the area's attainment of the 1997 Annual
PM2.5 NAAQS by the April 2010 attainment deadline was also
impacted by CAIR. To the extent that Kentucky is relying on CAIR in its
maintenance plan, the recent directive from the D.C. Circuit in EME
Homer ensures that the reductions associated with CAIR will be
permanent and enforceable for the necessary time period. EPA has been
ordered by the Court to develop a new rule, and the opinion makes clear
that after promulgating that new rule EPA must provide states an
opportunity to draft and submit SIPs to implement that rule. CAIR thus
cannot be replaced until EPA has promulgated a final rule through a
notice-and-comment rulemaking process, states have had an opportunity
to draft and submit SIPs, EPA has reviewed the SIPs to determine
whether they can be approved, and EPA has taken action on the SIPs,
including promulgation of a federal implementation plan, if
appropriate. These steps alone will take many years, even with EPA and
the states acting expeditiously. The Court's clear instruction to EPA
that it must continue to administer CAIR until a ``valid replacement''
exists provides an additional backstop; by definition, any rule that
replaces CAIR and meets the Court's direction would require upwind
states to eliminate significant downwind contributions to downwind
nonattainment and prevent interference with maintenance in downwind
areas.
Further, in vacating the Transport Rule and requiring EPA to
continue administering CAIR, the D.C. Circuit emphasized that the
consequences of vacating CAIR ``might be more severe now in light of
the reliance interests accumulated over the intervening four years.''
EME Homer, slip op. at 60. The accumulated reliance interests include
the interests of states who reasonably assumed they could rely on
reductions associated with CAIR, which brought certain nonattainment
areas into attainment with the NAAQS. If EPA were prevented from
relying on reductions associated with CAIR in redesignation action,
states would be forced to impose additional, redundant reductions on
top of those achieved by CAIR. EPA believes this is precisely the type
of irrational result the Court sought to avoid by ordering EPA to
continue administering CAIR. For these reasons also, EPA believes it is
appropriate to allow states to rely on CAIR, and the existing emission
reductions achieved by CAIR, as sufficiently permanent and enforceable
for purposes such as redesignation. Following promulgation of the
replacement rule, EPA will review SIPs as appropriate to identify
whether there are any issues that need to be addressed.
Other measures. There are also other actions, independent of CAIR,
which have led to permanent and enforceable emission reductions at EGUs
located within the Huntington-Ashland Area. For example, in the
Kentucky portion of the Huntington-Ashland Area, the Big Sandy Power
Station was required by a federally enforceable consent decree \7\ and
2007 settlement agreement to install and continuously operate selective
catalytic reduction (SCR) to reduce NOX emissions from Unit
2 beginning January 1, 2009. The plant is also
[[Page 69416]]
required to install and continuously operate flue gas desulfurization
(FGD) to reduce SO2 emissions from Unit 2 beginning December
31, 2015. Operation of FGD controls has a co-benefit of reducing direct
PM2.5 emissions as well. In the Ohio and West Virginia
portions of the Area, a federally enforceable consent decree \8\ and
2007 settlement agreement require the General James M. Gavin Power
Plant (Ohio) and Mountaineer Power Plant (West Virginia) to install and
continuously operate SCR and FGD on specified units and the Philip
Sporn Plant (West Virginia) to retire, retrofit, or re-power one unit.
Another consent decree,\9\ to which EPA was not a party, requires the
J.M. Stuart Power Plant (Ohio) to install and continuously operate SCR
on all of its units. To the extent that power plant emission reductions
contributed to attainment in the Huntington-Ashland Area, these
reductions are permanent and enforceable.
---------------------------------------------------------------------------
\7\ Entered with the United States District Court for the
Southern District of Ohio Eastern Division (United States of America
and State of New York, et al., v. American Electric Power Service
Corp., et al., No. C2-99-1250 and 1182 (consolidated)).
\8\ Id.
\9\ Entered with the United States District Court for the
Southern District of Ohio, Eastern Division (Sierra Club and Marilyn
Wall v. The Dayton Power and Light Company, Duke Energy Ohio, Inc.,
and Columbus Southern Power Co., Civil Action No. 2: 04-cv-905).
---------------------------------------------------------------------------
In addition to the consent decrees for power plants, Kentucky
provided information in its submittal regarding other consent decrees
in and near the Huntington-Ashland Area. In Greenup County, which is
adjacent to the Huntington-Ashland PM2.5 nonattainment area,
E.I. Dupont will reduce SO2 emissions at four sulfuric acid
units with measures equivalent to best available control technology
(BACT) \10\ and will continue to implement best work practices. AK
Steel--Ashland Works, located in Boyd County, ceased all coke plant
operations by June 23, 2011, as confirmed through a shutdown
notification letter to DAQ. EPA notes that although Kentucky did not
take credit for these consent decrees and shutdowns in their projection
inventories, they are permanent and enforceable reductions that will
contribute to further SO2 and NOX emission
reductions in the Huntington-Ashland Area.
---------------------------------------------------------------------------
\10\ BACT is a source emissions limitation that is based on the
maximum degree of control that can be achieved and is generally
implemented through the prevention of significant deterioration
(PSD) permitting program.
---------------------------------------------------------------------------
The state measures that have been implemented to date and relied
upon by Kentucky to demonstrate attainment and/or maintenance include
the Commonwealth of Kentucky NOX SIP Call regulations, open
burning bans, and fugitive emission standards.
EPA believes that reductions in emissions of direct
PM2.5 and PM2.5 precursors in and around the
Huntington-Ashland 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
that were prompted by the NOX SIP Call and CAIR. A summary
of the emission reductions from 2005 to 2009 for the entire Huntington-
Ashland Area is provided in Table 2 below. EPA's analysis shows that
the reductions of SO2 and NOX emissions, in tons
per year (tpy), were greater than decreases in emissions that could be
attributed to any decrease in electrical demand in the Huntington-
Ashland Area. While the average SO2 and NOX
emission reductions from coal fired utilities in the Huntington-Ashland
Area for the period 2005-2009 were 47 percent and 68 percent,
respectively, the average facility power production in terms of heat
input decreased by only about 5 percent during the same period.
Furthermore, as discussed below, Kentucky's maintenance plan provides
for verification of continued attainment by performing future reviews
of triennial emissions inventories and also for contingency measures to
ensure that the NAAQS is maintained into the future if monitored
increases in ambient PM2.5 concentrations occur.
---------------------------------------------------------------------------
\11\ Data reflects reported actual emissions from the Clean Air
Markets Division Database at http://ampd.epa.gov/ampd/.
Table 2--Actual Emission Reductions From Coal Fired Utilities in the Huntington-Ashland Area for the Period 2005-
2009 \11\
----------------------------------------------------------------------------------------------------------------
Emission differences from 2005 to 2009 (tpy)
---------------------------------------------------------------
Facility--County Percent Percent
SO2 reduction NOX reduction
----------------------------------------------------------------------------------------------------------------
Kentucky:
Big Sandy--Lawrence County.................. 9,873 20 7,621 61
West Virginia:
Mountaineer--Mason County................... 40,214 94 10,073 79
Philip Sporn--Mason County.................. 22,433 57 5,020 56
Ohio:
J.M. Stuart--Adams County................... 42,224 40 16,124 66
Killen Station--Adams County................ 17,592 90 3,083 52
Gen J.M. Gavin--Gallia County............... 1,701 6 31,800 82
Kyger Creek--Gallia County.................. 16,032 22 15,209 82
----------------------------------------------------------------------------------------------------------------
Criteria (4)--The Kentucky Portion of the Huntington-Ashland 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
Kentucky portion of the Huntington-Ashland 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
[[Page 69417]]
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 Huntington-Ashland 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 a level of
emissions in the Area that 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 Huntington-Ashland 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 2015 and 2022. The projected inventory included with the
maintenance plan estimates emissions forward to 2022, which is at the
10-year interval required in section 175A of the CAA. In addition to
comparing the final year of the plan, Kentucky compared an interim year
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 the
Visibility Improvement State and Tribal Association of the Southeast
and the 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 other parameters. Non-road
mobile emissions estimates were based on the EPA's NONROAD 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 Huntington-Ashland Area, as well as the emissions for other years,
were developed consistent with EPA guidance and are summarized in Table
6 of the following subsection discussing the maintenance demonstration.
Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the Area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' Calcagni Memorandum, p. 9. Where the
emissions inventory method of showing maintenance is used, the purpose
is to show that emissions during the maintenance period will not
increase over the attainment year inventory. Calcagni Memorandum, pp.
9-10.
As discussed in detail in the subsection below, Kentucky's
maintenance plan submission expressly documents that the Area's
emissions inventories will remain below the attainment year inventories
through 2022. Projected emissions inventory levels in 2022 are well
below the attainment year inventory levels, and it is highly improbable
that they will suddenly increase and exceed attainment year inventory
levels in 2023. In addition, for the reasons set forth below, EPA
believes that the Commonwealth's submission, in conjunction with
additional supporting information, further demonstrates that the Area
will continue to maintain the 1997 Annual PM2.5 NAAQS at
least through 2023. Thus, if EPA finalizes its proposed approval of the
redesignation request and maintenance plans in 2013, the approval will
be based upon this showing, in accordance with section 175A, and EPA's
analysis described herein, that the Commonwealth's maintenance plan
provides for maintenance for at least ten years after redesignation.
c. Maintenance Demonstration
The February 12, 2012, final submittal includes a maintenance plan
for the Kentucky portion of the Huntington-Ashland 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 2015 and 2022.
(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 MVEB were considered for the last
year (2022) of the maintenance plan.\12\
---------------------------------------------------------------------------
\12\ PM2.5 and NOX MVEB are not required
for the Kentucky portion of the Huntington-Ashland Area due to the
insignificance finding for the mobile sources.
---------------------------------------------------------------------------
(iv) Provides, as shown in Tables 3, 4, and 5 below, the actual and
projected emissions inventories, in tpy, for the Kentucky portion of
the Huntington-Ashland Area. Kentucky incorporated the expected CAIR
reductions into the projected SO2 and NOX
inventories. The projected direct PM2.5 inventories do not
include any reductions achieved as a co-benefit of CAIR implementation.
Table 6 shows the 2008 actual and 2015 and 2022 projected emissions
inventories for the entire Huntington-Ashland Area.
[[Page 69418]]
Table 3--Actual (2008) and Projected Direct PM2.5 Emissions for the Kentucky Portion of the Huntington-Ashland
Area (tpy)
----------------------------------------------------------------------------------------------------------------
Sector 2008 2015 2022
----------------------------------------------------------------------------------------------------------------
Point........................................................... 12,329.81 7,374.04 4,191.06
Area............................................................ 124.25 120.60 117.98
Non-road........................................................ 756.77 798.60 841.16
On-road......................................................... 104.18 54.28 30.77
-----------------------------------------------
Total....................................................... 13,315.01 8,347.52 5,180.97
----------------------------------------------------------------------------------------------------------------
Table 4--Actual (2008) and Projected NOX Emissions for the Kentucky Portion of the Huntington-Ashland Area (tpy)
----------------------------------------------------------------------------------------------------------------
Sector 2008 2015 2022
----------------------------------------------------------------------------------------------------------------
Point........................................................... 17,952.52 19,919.31 21,886.10
Area............................................................ 3,182.45 2,963.14 2,743.37
Non-road........................................................ 50.84 58.01 63.68
On-road......................................................... 2,311.75 1,225.13 685.60
-----------------------------------------------
Total....................................................... 23,497.56 24,165.59 25,378.75
----------------------------------------------------------------------------------------------------------------
Table 5--Actual (2008) and Projected SO2 Emissions for the Kentucky Portion of the Huntington-Ashland Area (tpy)
----------------------------------------------------------------------------------------------------------------
Sector 2008 2015 2022
----------------------------------------------------------------------------------------------------------------
Point........................................................... 46,835.66 17,880.04 23,873.83
Area............................................................ 398.09 378.52 373.13
Non-road........................................................ 579.92 606.63 626.51
On-road......................................................... 12.36 12.62 12.83
-----------------------------------------------
Total....................................................... 47,826.03 18,877.81 24,886.30
----------------------------------------------------------------------------------------------------------------
Table 6--Actual (2008) and Projected Total Emission Estimates for the Entire Huntington-Ashland Area (tpy)
----------------------------------------------------------------------------------------------------------------
Year PM2.5 (tpy) NOX (tpy) SO2 (tpy)
----------------------------------------------------------------------------------------------------------------
2008............................................................ 20,990.20 152,377.14 230,690.12
2015............................................................ 15,907.51 104,680.23 135,946.22
2022............................................................ 12,601.44 83,700.01 113,779.08
Decrease from 2008 to 2022...................................... 8,388.76 68,677.13 116,911.04
----------------------------------------------------------------------------------------------------------------
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. As reflected in Table 6, future emissions of all the
relevant pollutants in the Huntington-Ashland Area are expected to be
well below the 2008 ``attainment level'' emissions, thus illustrating
that the Huntington-Ashland Area is expected to continue to attain the
1997 Annual PM2.5 NAAQS through 2022. Further, as reflected
in Tables 3 through 5, future emissions direct PM2.5 and
SO2 in the Kentucky portion of the Huntington-Ashland Area
are expected to be well below the 2008 ``attainment level'' emissions,
while future emissions NOX are expected to be slightly above
the 2008 ``attainment level'' emissions. Because the SO2 and
direct PM components are more significant to ambient PM2.5
levels than the nitrate contribution,\13\ the significant projected
reductions in these pollutants indicate that future emissions in the
Kentucky portion of the Huntington-Ashland Area are expected to support
continued maintenance of the 1997 Annual PM2.5 NAAQS through
2022.
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\13\ In Kentucky, speciation data shows that the sulfate
(SO4) component accounts for approximately one-third of
the total ambient PM2.5 mass; the direct PM (organic
carbon) component accounts for approximately one-fourth of the total
ambient PM2.5 mass; and the nitrate (NH4 and
NO3) component accounts for approximately one tenth of
the total ambient PM2.5 mass. See Figure 1.3-4 of ``The
Kentucky Fine Particulate Matter (PM2.5) Attainment
Demonstration for the Louisville, KY-IN, Cincinnati-Middletown, OH-
KY-IN, and Huntington-Ashland, WV-KY-OH PM2.5
Nonattainment Areas,'' November 2008.
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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 demonstrated maintenance by
projecting emissions in 2022, as described previously, that will remain
below those in the 2008 attainment year.
As noted above, EPA believes that several pertinent factors
demonstrate that the Huntington-Ashland Area will continue to maintain
the 1997 Annual PM2.5 NAAQS at least through the year 2023.
These include the circumstances that (1) all of the state and federal
regulatory requirements that enabled the Area to attain the NAAQS will
continue to be in effect and enforceable after the 10-year maintenance
period; (2) the
[[Page 69419]]
most recent complete, quality-assured and certified annual
PM2.5 design value (for the period 2009 to 2011) for the
Area of 12.1 [mu]g/m\3\ is well below the standard of 15.0 [mu]g/m\3\;
(3) as discussed in detail below, EPA is proposing in this action to
approve Kentucky's determination that the direct PM2.5 and
NOX contribution from motor vehicle emissions is
insignificant for the Area and thus does not expect such emissions to
contribute significantly to future ambient PM2.5 levels; and
(4) as noted above, several of the largest sources in the Area have
been required by permanent and enforceable consent decrees to install
controls that achieve reductions in SO2 and NOX
emissions as well as reductions in direct PM2.5 emissions.
Therefore, EPA expects the projected downward trend in pollutant
emissions in the Huntington-Ashland Area from the 2008 attainment year
through the 2022 maintenance year, as shown in Table 6 above, to
continue for at least the one additional year past 2022.
d. Monitoring Network
There are currently four monitors measuring PM2.5 in the
Huntington-Ashland Area (one in the Kentucky portion of the Area, one
in the West Virginia portion of the Area, and two in the Ohio portion
of the Area). The Commonwealth of Kentucky, through DAQ, has committed
to continue operation of the monitors in the Kentucky portion of the
Huntington-Ashland Area in compliance with 40 CFR part 58 and have thus
addressed the requirement for monitoring. EPA approved Kentucky's 2011
monitoring plan on October 20, 2011. Ohio and West Virginia have made
similar commitments in their redesignation and maintenance plan
submissions to EPA for 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 Kentucky portion of
the Huntington-Ashland 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 Kentucky
portion of the Huntington-Ashland 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
Kentucky portion of the Huntington-Ashland 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 state. 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 February 12, 2012, revision, 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 2-step triggering mechanism to determine
when contingency measures are needed and a process of developing and
implementing appropriate control measures. The Commonwealth will use
actual ambient monitoring data as the triggering event to determine
when contingency measures should be implemented. The secondary trigger
is a pre-violation trigger, and thus activation does not necessarily
mean a violation of the annual PM2.5 NAAQS has occurred or
will occur. This pre-violation trigger allows the Commonwealth to begin
evaluating the causes of increased ambient PM2.5
concentrations and take corrective action to prevent a future
violation. In the contingency plan, Kentucky has committed to taking
action on the activation of a primary or secondary trigger. These
triggers and the actions resulting from them are discussed more fully
below.
Kentucky has identified a primary trigger as occurring when the 3-
year average of annual mean PM2.5 concentrations in the
Huntington-Ashland Area is greater than the 1997 Annual
PM2.5 NAAQS of 15.0 [mu]g/m\3\. In the event of a monitored
violation of the 1997 Annual NAAQS, the Commonwealth commits to
adopting 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 control 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 Kentucky portion of
[[Page 69420]]
the Huntington-Ashland Area meets the requirements of section 175A of
the CAA and is approvable.
VI. What is EPA's analysis of Kentucky's proposed regional on-road
motor vehicle insignificance determination for the Kentucky portion of
the Huntington-Ashland 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 in 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 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.
Today's action addresses the element regarding on-road motor
vehicle emissions and the requirement to establish MVEB. EPA is
proposing to find that the direct PM2.5 and NOX
emission contribution from motor vehicles to the air pollution in the
Kentucky portion of the Huntington-Ashland Area are insignificant. The
result of this determination, if finalized, is that Kentucky will not
need to develop MVEB for direct PM2.5 and NOX for
the Kentucky portion of the Area and the MPO will not need to perform a
regional emissions analysis for either pollutant when it demonstrates
conformity. See below for further information on the insignificance
determination.
Regional on-road motor vehicle insignificance. For motor vehicle
emissions budgets to be approvable, they must meet, at a minimum, EPA's
adequacy criteria (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(f).
Insignificance determinations are based on a number of factors,
including (1) the percentage of motor vehicle emissions in context of
the total SIP inventory; (2) the current state of air quality as
determined by monitoring data for that NAAQS; (3) the absence of SIP
motor vehicle control measures; and (4) 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.\14\ 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 by
EPA is subject to the adequacy and approval process for EPA's action on
the SIP.
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\14\ In the March 24, 2010, final rule (75 FR 14260), provisions
for insignificance determinations were outlined in 40 CFR 93.109(m).
EPA revised 40 CFR 93.109 in its March 14, 2012, final rule (77 FR
14979), and the provisions for insignificance determinations are now
located at 40 CFR 93.109(f).
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Through the adequacy and SIP approval process, EPA may find that a
SIP demonstrates that regional motor vehicle emissions are an
insignificant contributor to the air quality problem for the pollutant
or precursor at issue. Upon the effective date of EPA's adequacy
determination, federal regulations no longer require a regional
emissions analysis (for the purpose of transportation conformity
implementation) for the relevant pollutant or precursor. Areas with
insignificant regional motor vehicle emissions for a pollutant or
precursor are still required to make a conformity determination that
satisfies other relevant conformity requirements. Additionally, such
areas are required to satisfy the regional emissions analysis
requirements for pollutants or precursors for which EPA has not made a
determination of insignificance.
The maintenance plan for the Kentucky portion of the Huntington-
Ashland Area, included as part of the SIP revision, contains a regional
on-road motor vehicle insignificance determination for the direct
PM2.5 and NOX contribution of motor vehicles to
the air quality problem in the Kentucky portion of the Huntington-
Ashland Area. As part of the preparation for its redesignation request,
Kentucky consulted with the interagency consultation group for the
Huntington-Ashland Area regarding the insignificance determination. The
information provided by Kentucky supports EPA's proposal to determine
that the direct PM2.5 and NOX contribution from
on-road vehicles to PM2.5 air pollution in the Kentucky
portion of the Huntington-Ashland Area are insignificant. The
information provided by Kentucky to EPA, as part of the SIP revision,
addresses each of the factors listed in 40 CFR 93.109(f) and is
summarized below. The 2008 on-road PM2.5 emissions and
NOX emissions account for less than one percent of the total
direct PM2.5 emissions and less than three percent of total
NOX emissions from all sources in the SIP inventory for the
Kentucky portion of the Huntington-Ashland Area. As shown in Tables 3
and 4 above, Kentucky's maintenance plan demonstrates that on-road
direct PM2.5 emissions and NOX emissions will
continue to decrease through 2022, the end of the maintenance plan for
the Huntington-Ashland Area. In addition, since 2007, the
PM2.5 design value concentration has decreased by 27 percent
such that the Area is now attaining the Annual PM2.5 NAAQS
with a 2009-2011 design value of 12.1 [mu]g/m\3\, well below the
standard of 15.0 [mu]g/m\3\. According to information provided by
Kentucky, point sources contributed nearly 98 percent of the emissions
in future years in the Huntington-Ashland Area. The maintenance plan
does not contain any control measures that apply to on-road motor
vehicles.
[[Page 69421]]
After evaluating the information provided by Kentucky and weighing
the factors for the insignificance determination outlined in 40 CFR
93.109(f), EPA is now proposing to approve Kentucky's determination
that the direct PM2.5 and NOX contribution from
motor vehicle emissions to the pollution problem in the Kentucky
portion of the Huntington-Ashland Area is insignificant. EPA's
insignificance determination should be considered and specifically
noted in the transportation conformity documentation that is prepared
for the Area. In addition, as discussed in Section V above, EPA is
proposing that if this approval is finalized in 2013 the Area will
continue to maintain the 1997 Annual PM2.5 NAAQS through at
least 2023. EPA is also proposing that the submitted insignificance
finding is consistent with maintenance of the 1997 Annual
PM2.5 NAAQS through 2023.
VII. What is the status of EPA's adequacy determination for the on-road
motor vehicle insignificance determination for the Kentucky portion of
the Huntington-Ashland area?
When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEB and/or insignificance determinations, EPA may
affirmatively find the MVEB and/or insignificance determination
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.
Further, once EPA affirmatively finds the submitted insignificance
determination is adequate for transportation conformity purposes, the
transportation partners are relieved of performing a regional emissions
analysis of that pollutant or precursor but must document the
insignificance determination in its conformity determination.
EPA's substantive criteria for determining adequacy of an MVEB and/
or insignificance determination 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 MVEB 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.'' EPA
adopted regulations to codify the adequacy process 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 an insignificance determination that direct PM2.5
and NOX emissions from on-road motor vehicles are an
insignificant contributor to the air quality problem in the Kentucky
portion of the Huntington-Ashland area. On January 3, 2012, the
Kentucky SIP submission, including the on-road motor vehicle
insignificance finding, was open for public comment on EPA's adequacy
Web site found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public comment period closed on February 2, 2012.
EPA did not receive any comments on the adequacy of the insignificance
determination, nor did EPA receive any requests for the SIP revision.
EPA intends to make its determination on the adequacy of the
insignificance finding for the Kentucky portion of the Huntington-
Ashland Area for transportation conformity purposes in the near future
by completing the adequacy process that was started on January 3, 2012.
Section 93.109(f) states that a regional emissions analysis is no
longer necessary if EPA finds through the adequacy or approval process
that a SIP demonstrates that regional motor vehicle emissions are an
insignificant contributor to the air quality problem for that
pollutant/precursor. A finding of insignificance does not change the
requirement for a regional analysis for other pollutants and precursors
and does not change the requirement for hot-spot analysis. After EPA
finds the insignificance determination adequate or approves it, this
on-road motor vehicle insignificance finding for direct
PM2.5 and NOX applies to future transportation
conformity determinations.\15\
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\15\ The Huntington-Ashland Area already has an adequate
insignificance finding for its submitted attainment demonstration.
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VIII. Proposed Actions on the Redesignation Request and Maintenance
Plan SIP Revision for the Kentucky Portion of the Huntington-Ashland
Area
EPA determined that the Huntington-Ashland Area was attaining the
1997 Annual PM2.5 NAAQS on September 7, 2011. See 76 FR
55542. EPA is now taking two 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 2008-2010 monitoring
period and review of data in AQS for 2011 and 2012, that the
Huntington-Ashland Area continues to attain the 1997 Annual
PM2.5 NAAQS. EPA is also proposing to determine that the
Kentucky portion of the Huntington-Ashland 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
Kentucky portion of the Huntington-Ashland Area.
Second, EPA is proposing to approve the maintenance plan for the
Kentucky portion of the Huntington-Ashland 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.
If finalized, approval of the redesignation request would change
the official designation of Boyd County and a portion of Lawrence
County in the Kentucky portion of the Huntington-Ashland 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 Kentucky portion of the
Huntington-Ashland Area.
IX. 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 Boyd County and a portion of Lawrence County in Kentucky for the
1997 Annual PM2.5
[[Page 69422]]
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 Kentucky
portion of the Huntington-Ashland 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. Additionally, EPA is
notifying the public of the status of its adequacy determination for
the NOX and PM2.5 pursuant to 40 CFR
93.118(f)(1).
X. 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
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, Incorporation by
reference, 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: November 6, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-28090 Filed 11-16-12; 8:45 am]
BILLING CODE 6560-50-P