Air Quality Implementation Plans; Kentucky; Attainment Plan for the Kentucky Portion of the Huntington-Ashland 1997 Annual PM2., 4510-4522 [2012-1938]
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BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2010–0255–201116; FRL–
9624–2]
Air Quality Implementation Plans;
Kentucky; Attainment Plan for the
Kentucky Portion of the HuntingtonAshland 1997 Annual PM2.5
Nonattainment Area
Environmental Protection
Agency (EPA or Agency).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a state implementation plan (SIP)
revision submitted by the
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet, Division for Air Quality (DAQ),
to EPA on December 3, 2008, for the
purpose of providing for attainment of
the 1997 fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS) in the Kentucky portion of the
Huntington-Ashland, West VirginiaKentucky-Ohio PM2.5 nonattainment
area (hereafter referred to as the
‘‘Huntington-Ashland Area’’ or ‘‘Area’’).
The Huntington-Ashland Area is
SUMMARY:
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comprised of Boyd County and a
portion of Lawrence County in
Kentucky; Cabell and Wayne Counties
and a portion of Mason County in West
Virginia; and Lawrence and Scioto
Counties and portions of Adams and
Gallia Counties in Ohio. The Kentucky
plan (hereafter referred to as the
‘‘attainment plan’’) pertains only to the
Kentucky portion of the HuntingtonAshland Area. EPA is now proposing to
approve Kentucky’s submittal regarding
reasonably available control technology
(RACT) and reasonably available control
measures (RACM); reasonable further
progress (RFP); base-year and
attainment-year emissions inventories;
contingency measures; and, for
transportation conformity purposes, an
insignificance determination for PM2.5
and nitrogen oxides (NOX) for the
mobile source contribution to ambient
PM2.5 levels for the Commonwealth’s
portion of the Huntington-Ashland
Area. This action is being taken in
accordance with the Clean Air Act (CAA
or Act) and the ‘‘Clean Air Fine Particle
Implementation Rule,’’ hereafter
referred to as the ‘‘PM2.5 Implementation
Rule,’’ issued by EPA on April 25, 2007.
The States of West Virginia and Ohio
have provided separate SIP revisions
with attainment plans for their portions
for the Huntington-Ashland Area. EPA
will act on those SIP revisions in
rulemaking separate from today’s
rulemaking.
Written comments must be
received on or before February 29, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R04–OAR–2010–0255 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2010–0255,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
DATES:
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Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2010–
0255. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
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or contact information unless you
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If you send an email comment directly
to EPA without going through
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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
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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
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schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joel
Huey of the Regulatory Development
Section, in the Air Planning Branch,
Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Joel
Huey may be reached by phone at (404)
562–9104, or via electronic mail at
huey.joel@epa.gov
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA proposing to take?
II. What is the background for EPA’s
proposed action?
A. Designation History
B. Clean Air Fine Particle Implementation
Rule
C. Attaining Data Determination and
Finding of Attainment
III. What is included in Kentucky’s
attainment plan submittal?
IV. What is EPA’s analysis of Kentucky’s
attainment plan submittal?
A. Attainment Demonstration
1. Pollutants Addressed
2. Emissions Inventory Requirements
3. Modeling
4. Reasonably Available Control Measures/
Reasonably Available Control
Technology (RACM/RACT)
5. Reasonable Further Progress
6. Contingency Measures
7. Attainment Date
B. Insignificance Determination for the
Mobile Source Contribution to PM2.5 and
NOX Emissions
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA proposing to
take?
EPA is proposing to approve
Kentucky’s SIP revision, submitted
through the DAQ to EPA on December
3, 2008, for the purpose of
demonstrating attainment of the 1997
Annual PM2.5 NAAQS for the Kentucky
portion of the Huntington-Ashland
Area. Kentucky’s PM2.5 attainment plan
includes an analysis of RACM/RACT, an
RFP plan, base-year and attainment-year
emissions inventories for the Area,
contingency measures, and an
insignificance determination for mobile
PM2.5 and NOx emissions for
transportation conformity purposes.
EPA has determined that Kentucky’s
PM2.5 attainment plan for the 1997
Annual PM2.5 NAAQS for its portion of
the Huntington-Ashland Area meets
applicable requirements of the CAA and
the PM2.5 Implementation Rule. EPA is
proposing to approve Kentucky’s
attainment plan for the
Commonwealth’s portion of the
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Huntington-Ashland Area, including the
insignificance determination for PM2.5
and NOX for the mobile source
contribution to ambient PM2.5 levels for
the Commonwealth’s portion of the
Huntington-Ashland Area. EPA’s
analysis for this proposed action is
discussed in Section IV of this proposed
rulemaking.
II. What is the background for EPA’s
proposed action?
A. Designation History
On July 18, 1997 (62 FR 36852), EPA
established the 1997 PM2.5 NAAQS as
an annual standard of 15.0 micrograms
per cubic meter (mg/m3), based on a 3year average of annual mean PM2.5
concentrations, and a 24-hour (or daily)
standard of 65 mg/m3, based on a 3-year
average of the 98th percentile of 24-hour
concentrations. EPA established the
NAAQS based on significant evidence
and numerous health studies
demonstrating that serious health effects
are associated with exposures to PM2.5.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
United States as attaining or not
attaining the NAAQS; this designation
process is described in section 107(d)(1)
of the CAA. EPA and state air quality
agencies initiated the monitoring
process for the 1997 PM2.5 NAAQS in
1999 and established a complete set of
air quality monitors by January 2001.
On January 5, 2005, EPA promulgated
initial air quality designations for the
1997 PM2.5 NAAQS (70 FR 944), which
became effective on April 5, 2005, based
on air quality monitoring data for
calendar years 2001–2003.
On April 14, 2005, EPA promulgated
a supplemental rule amending the
Agency’s initial designations (70 FR
19844) but retaining the original
effective date of April 5, 2005. As a
result of that supplemental rule, PM2.5
nonattainment designations are in effect
for 39 areas, comprising 208 counties
within 20 states (and the District of
Columbia) nationwide, with a combined
population of about 88 million. The
Kentucky portion of the tri-state WV–
KY–OH Huntington-Ashland Area,
which is the subject of this proposed
rulemaking, is included in the list of
areas designated nonattainment for the
1997 PM2.5 NAAQS. As mentioned
above, the Kentucky portion of the
Huntington-Ashland Area consists of
Boyd County in its entirety and a
portion of Lawrence County, Kentucky.
On October 17, 2006, EPA
strengthened the 24-hour PM2.5 NAAQS
to 35 mg/m3 and retained the level of the
Annual PM2.5 NAAQS at 15.0 mg/m3.
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See 71 FR 61144. On November 13,
2009, EPA designated areas as either
attainment/unclassifiable, unclassifiable
or nonattainment with respect to the
revised 24-Hour PM2.5 NAAQS. See 74
FR 58688. Of relevance to the proposed
rulemaking herein, EPA’s November
2009 designation action clarified the
designations for the 1997 PM2.5 NAAQS
by relabeling the existing designation
tables to specifically identify
designations made for the 1997 Annual
PM2.5 NAAQS and those made for the
1997 24-hour PM2.5 NAAQS (i.e., 65 mg/
m3).
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B. Clean Air Fine Particle
Implementation Rule
As noted above, on April 25, 2007,
EPA issued the PM2.5 Implementation
Rule for the 1997 PM2.5 NAAQS (72 FR
20586). This rule describes the CAA
framework and requirements for
developing SIPs to achieve attainment
in areas designated nonattainment for
the 1997 PM2.5 NAAQS. Such
attainment plans must include a
demonstration that a nonattainment area
will meet the applicable NAAQS within
the timeframe provided in the statute.
This demonstration must include
modeling that is performed in
accordance with 40 CFR 51.112
(Demonstration of adequacy) and
Appendix W to part 51 (Guideline on
Air Quality Models) and that is
consistent with EPA modeling guidance.
See 40 CFR 51.1007. The modeling
demonstration should include
supporting technical analyses and
descriptions of all relevant adopted
Federal, state, and local regulations and
control measures that have been
adopted in order to provide for
attainment of the 1997 PM2.5 NAAQS by
the proposed attainment date.
For the 1997 PM2.5 NAAQS, an
attainment demonstration must show
that a nonattainment area will attain the
standards as expeditiously as
practicable, but within five years of
designation (i.e., by an attainment date
of no later than April 5, 2010, based on
air quality data for 2007 through 2009).
If the area is not expected to meet the
NAAQS by April 5, 2010, a state may
request to extend the attainment date by
one to five years based upon the severity
of the nonattainment problem or the
feasibility of implementing control
measures in the specific area. CAA
section 172(a)(2). For EPA to approve an
extension of the attainment date beyond
2010, the state must provide an analysis
that is consistent with the statutory
criteria for an extension and that
demonstrates that the attainment date is
as expeditious as practicable for the
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area, given the existing facts and
circumstances.
For each nonattainment area, the state
(or each state of a multi-state area) must
demonstrate that it has adopted all
RACM, including all RACT, as needed
to provide for attainment of the PM2.5
NAAQS in the area ‘‘as expeditiously as
practicable.’’ The PM2.5 Implementation
Rule provides guidance for making
these RACM/RACT determinations. See
discussion in section IV.A.4. below.
Any measures that are necessary to meet
these requirements that are not already
federally promulgated or in an EPAapproved part of the SIP must be
submitted as part of a state’s attainment
plan. Any state measures in the control
strategy must meet the applicable
statutory and regulatory requirements,
and, in particular, must be enforceable.
The PM2.5 Implementation Rule also
includes guidance on pollutants that
states must address in their attainment
plans. Section 302(g) of the CAA
authorizes EPA to regulate criteria
pollutants and their precursors. The
main chemical precursors associated
with fine particle formation are SO2,
NOX, volatile organic compounds
(VOCs), and ammonia. The effect of
reducing emissions of precursor
pollutants that contribute to PM2.5
concentrations varies by area, however,
depending upon local PM2.5
composition, emission levels, and other
area-specific factors. For this reason, the
PM2.5 Implementation Rule
recommends that states control the
direct PM2.5 emissions and the precursor
emissions that would be most effective
for attaining the NAAQS within the
specific area, based upon an appropriate
technical demonstration.
The PM2.5 Implementation Rule
defines direct PM2.5 emissions as ‘‘solid
particles emitted directly from an air
emissions source or activity, or gaseous
emissions or liquid droplets from an air
emissions source or activity which
condense to form particulate matter at
ambient temperatures. Direct PM2.5
emissions include elemental carbon,
directly emitted organic carbon, directly
emitted sulfate, directly emitted nitrate,
and other inorganic particles (including
but not limited to crustal material,
metals, and sea salt).’’ 40 CFR 51.1000.
The PM2.5 Implementation Rule
requires states to identify and evaluate
sources of PM2.5 direct emissions and
PM2.5 attainment plan precursors. 40
CFR 51.1002(c). The rule requires states
to address SO2 as a PM2.5 attainment
plan precursor and to evaluate SO2 for
possible control measures in all PM2.5
nonattainment areas. States are also
required to address and evaluate
reasonable controls for NOX as a PM2.5
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attainment plan precursor unless the
state and EPA make a finding that NOX
emissions from sources in the state do
not significantly contribute to PM2.5
concentrations in the relevant
nonattainment area.
Although current scientific
information shows that certain VOC
emissions are precursors to the
formation of secondary organic aerosol,
and significant progress has been made
in understanding the role of gaseous
organic material in the formation of
organic PM, this relationship remains
complex. Further research and technical
tools are needed to better characterize
emissions inventories for specific VOCs
and to determine the extent of the
contribution of specific VOCs to organic
PM mass. Because of these factors, the
PM2.5 Implementation Rule does not
require states to address or evaluate
controls for VOCs as PM2.5 attainment
plan precursors unless the state or EPA
makes a finding that VOC emissions
from sources in the state significantly
contribute to PM2.5 concentrations in the
relevant nonattainment area.
The PM2.5 Implementation Rule
describes the formation of particles
related to ammonia emissions, which is
a complex, nonlinear process. Though
recent studies have improved our
understanding of the role of ammonia in
aerosol formation, further research is
needed to better describe the
relationship between ammonia
emissions and particulate matter
concentrations and the related impacts.
Also, area-specific data is needed to
evaluate the effectiveness of reducing
ammonia emissions in reducing PM2.5
concentrations in different areas and to
determine where ammonia decreases
may increase the acidity of particles and
precipitation. For these reasons, the
PM2.5 Implementation Rule does not
require states to address or evaluate
controls for ammonia as PM2.5
attainment plan precursors unless the
state or EPA makes a finding that
ammonia emissions from sources in the
state significantly contribute to PM2.5
concentrations in the relevant
nonattainment area.
The presumptive inclusion of NOX
and the presumptive exclusion of VOCs
and ammonia as attainment plan
precursors can be reversed based on an
acceptable technical demonstration for a
particular nonattainment area by the
state or EPA. The state must
demonstrate that, based on the sum of
available technical and scientific
information, it would be appropriate for
a nonattainment area to reverse the
presumptive approach for a particular
precursor. Such a demonstration should
include information from multiple
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sources, such as results of speciation
data analyses, air-quality modeling
studies, chemical-tracer studies,
emissions inventories, or special
intensive measurement studies to
evaluate specific atmospheric chemistry
in an area. See PM2.5 Implementation
Rule, 72 FR 20596.
The PM2.5 Implementation Rule also
provides guidance for the other
elements of a state’s attainment plan,
including, but not limited to, emissions
inventories, contingency measures, and
motor-vehicle emissions budgets used
for transportation conformity purposes.
There are, however, three aspects of the
preamble to the PM2.5 Implementation
Rule for which EPA received petitions
requesting reconsideration. The specific
guidance elements identified by
petitioners pertain to the presumption
or advance determination that
compliance with the requirements of the
Clean Air Interstate Rule (CAIR)
automatically satisfies the requirements
for RACT or RACM for NOX or SO2
emissions from electric generating unit
(EGU) sources participating in regional
cap and trade programs (See PM2.5
Implementation Rule, section II.F.7.);
the suggestion that the economic
feasibility element of a RACT
determination should include
consideration of whether the cost of a
measure is reasonable in light of the
benefits (See PM2.5 Implementation
Rule, section II.F.5.); and the policy of
allowing certain emissions reductions
from outside the nonattainment area to
be credited as meeting the RFP
requirement (See PM2.5 Implementation
Rule, section II.G.5.). EPA has granted
these petitions and intends to propose
rulemaking to change these aspects of
the PM2.5 Implementation Rule.
However, EPA’s evaluation of the
attainment plan for the HuntingtonAshland Area is not impacted by its
reconsideration of any of these aspects
of the PM2.5 Implementation Rule
because the plan does not rely upon
them.
C. Attaining Data Determination and
Finding of Attainment
On September 7, 2011, EPA
determined that the HuntingtonAshland Area had attaining data for the
1997 Annual PM2.5 NAAQS. 76 FR
55542. That determination was based on
quality-assured, quality controlled and
certified ambient air monitoring data
that shows the area met the 1997
Annual PM2.5 NAAQS. Furthermore, in
accordance with CAA 179(c), EPA
determined in the same notice that the
Huntington-Ashland Area attained the
1997 Annual PM2.5 NAAQS by its
applicable attainment date of April 5,
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2010. This information is mentioned
here in support of EPA’s determination
that Kentucky’s attainment plan was
sufficient to bring the HuntingtonAshland Area into attainment no later
than the required attainment date of
April 5, 2010.
III. What is included in Kentucky’s
attainment plan submittal?
Kentucky’s PM2.5 attainment plan
submittal covers the Kentucky portion
of the Huntington-Ashland Annual
PM2.5 nonattainment area, which is the
only portion for which the
Commonwealth has jurisdiction.
Today’s action regards only the
Kentucky portion of the HuntingtonAshland Area. However, the modeling
analysis provided with Kentucky’s
attainment plan documentation
includes modeling results for the entire
tri-state Area and the results of Ohio
and West Virginia’s demonstrations for
their portions of the Area, for which the
conclusions of attainment are consistent
with that of Kentucky’s.
In accordance with section 172(c) of
the CAA and the PM2.5 Implementation
Rule, the attainment plan submitted by
the DAQ for the Kentucky portion of the
Huntington-Ashland Area includes (1)
emissions inventories for the plan’s base
year (2002) and attainment year (2009);
(2) an attainment demonstration; and (3)
an insignificance finding for the mobile
source contribution of PM2.5 and NOX.
The attainment demonstration includes:
(a) technical analyses that locate,
identify, and quantify sources of
emissions contributing to violations of
the 1997 Annual PM2.5 NAAQS; (b)
analyses of future-year emissions
reductions and air quality
improvements expected to result from
national and local programs; adopted
emission reduction measures with
schedules for implementation; and
contingency measures required under
section 172(c)(9) of the CAA. See 72 FR
20605.
To analyze future-year emission
reductions and air quality
improvements, Kentucky used regional
modeling analyses developed through
the Association for Southeastern
Integrated Planning (ASIP). The ASIP
was a collaborative modeling and
technical analysis effort among the
states of Kentucky, Alabama, Florida,
Georgia, Mississippi, North Carolina,
South Carolina, Tennessee, Virginia and
West Virginia to develop a regional
assessment of the controls needed to
achieve attainment of the 1997 PM2.5
NAAQS and the 2006 8-hour ozone
NAAQS. This regional modeling was
performed in accordance with EPA’s
‘‘Guidance on the Use of Models and
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4513
Other Analyses for Demonstrating
Attainment of Air Quality Goals for
Ozone, PM2.5, and Regional Haze’’
(EPA–454/B–07–002, April 2007)
(hereafter referred to as ‘‘EPA’s
Modeling Guidance’’).
IV. What is EPA’s analysis of
Kentucky’s attainment plan submittal?
A. Attainment Demonstration
Consistent with CAA requirements
(see, e.g., section 172), and 40 CFR
51.1007, an attainment demonstration
for a PM2.5 nonattainment area must
include a showing that the area will
attain the annual and 24-hour standards
as expeditiously as practicable. The
demonstration must also meet the
requirements of 40 CFR 51.112 and Part
51, Appendix W, and include inventory
data, modeling results, and emissions
reduction analyses on which the state
has based its projected attainment. In
the case of the Huntington-Ashland
Area, the Area has already attained the
standard. Thus, EPA is now proposing
to determine that the attainment
demonstration submitted by the
Commonwealth was sufficient, and EPA
is taking action to approve individual
components that are necessary for the
continued attainment and maintenance
of the Area.
1. Pollutants Addressed
As discussed in section II.B. above,
the PM2.5 Implementation Rule requires
states to identify and evaluate sources of
PM2.5 direct emissions and PM2.5
attainment plan precursors. The rule
provides that SO2 is a PM2.5 attainment
plan precursor in all areas. The rule also
sets forth the rebuttable presumptions
that NOX is a PM2.5 attainment plan
precursor in all areas and that ammonia
and VOCs are not PM2.5 attainment plan
precursors. Neither Kentucky nor the
EPA has found reason to reverse these
presumptions for the HuntingtonAshland Area. Accordingly, Kentucky’s
PM2.5 attainment plan evaluates
emissions of direct PM2.5, SO2, and NOX
in the Kentucky portion of the
Huntington-Ashland Area.
2. Emissions Inventory Requirements
States are required under section
172(c)(3) of the CAA to develop
comprehensive, accurate and current
emissions inventories of all sources of
the relevant pollutant or pollutants in
the area. These inventories provide a
detailed accounting of all emissions and
emissions sources by precursor or
pollutant. In addition, inventories are
used in air quality modeling to
demonstrate that attainment of the 1997
PM2.5 NAAQS is as expeditious as
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practicable and, if an attainment date
extension beyond 2010 is needed, to
support the need for such an extension.
Emissions inventory guidance was
provided in the April 1999 document,
‘‘Emissions Inventory Guidance for
Implementation of Ozone and
Particulate Matter NAAQS and Regional
Haze Regulations,’’ (EPA–454/R–99–
006), which was updated in November
2005 (EPA–454/R–05–001) (hereafter
referred to as ‘‘EPA’s Emissions
Inventory Guidance’’). Emissions
reporting requirements were provided
in the 2002 Consolidated Emissions
Reporting Rule (CERR) (67 FR 39602).
On December 17, 2008 (73 FR 76539),
EPA promulgated the Air Emissions
Reporting Requirements (AERR) to
update emissions reporting
requirements in the CERR and to
harmonize, consolidate and simplify
data reporting by states.
In accordance with the CERR and
EPA’s Emissions Inventory Guidance,
the PM2.5 Implementation Rule requires
states to submit inventory information
on directly emitted PM2.5 and PM2.5
precursors and any additional inventory
information needed to support an
attainment demonstration and (where
applicable) an RFP plan.
PM2.5 is comprised of filterable and
condensable emissions. Condensable
particulate matter (CPM) can comprise a
significant percentage of direct PM2.5
emissions from certain sources and are
required to be included in national
emissions inventories based on
emission factors. Test Methods 201A
and 202 are available for source-specific
measurement of condensable emissions.
However, the PM2.5 Implementation
Rule notes that there were issues raised
by commenters related to availability
and implementation of these test
methods as well as uncertainties in
existing data for condensable PM2.5.
EPA established a transition period
during which EPA could assess possible
revisions to available test methods and
to allow time for states to update
emissions inventories as needed to
address direct PM2.5, including
condensable emissions. Because of the
time required for this assessment, EPA
recognized that states would be limited
in how to effectively address CPM
emissions and established a period of
transition, up to January 1, 2011, during
which state submissions for PM2.5 were
not required to address CPM emissions.
Amendments to these test methods were
proposed on March 25, 2009 (74 FR
12969), and finalized on December 21,
2010 (75 FR 80118). The amendments to
Method 201A added a particle-sizing
device for PM2.5 sampling, and the
amendments to Method 202 revised the
sample collection and recovery
procedures of the method to reduce the
formation of reaction artifacts that could
lead to inaccurate measurements of
CPM emissions.
The period of transition for
establishing emissions limits for
condensable direct PM2.5 ended on
January 1, 2011. PM2.5 submissions
made during the transition period are
not required to address CPM emissions,
however, states must address the control
of direct PM2.5 emissions, including
condensable emissions, with any new
action taken after January 1, 2011.
Kentucky submitted the HuntingtonAshland Area attainment plan prior to
January 1, 2011, and did not consider
CPM in addressing the control of PM2.5
emissions.
In July 2008, EarthJustice filed a
petition requesting reconsideration of
EPA’s transition period for CPM
emissions provided in the PM2.5
Implementation Rule. In January 2009,
EPA decided to allow states that have
not previously addressed CPM to
continue to exclude CPM for PSD
permitting during the transition period.
Today’s action reflects a review of
Kentucky’s submittal based on current
EPA guidance as described in the PM2.5
Implementation Rule.
The 172(c)(3) emissions inventory is
developed by the incorporation of data
from multiple sources. States were
required to develop and submit to EPA
a triennial emissions inventory
according to the CERR for all source
categories (i.e., point, area, nonroad
mobile and on-road mobile). This
inventory often forms the basis of data
that are updated with more recent
information and data that also is used in
their attainment demonstration
modeling inventory. Such was the case
in the development of the 2002
emissions inventory that was submitted
in the Commonwealth’s attainment SIP
for this Area. The 2002 emissions
inventory was based on data developed
with Visibility Improvement State and
Tribal Association of the Southeast
(VISTAS) contractors for the same ten
states of the ASIP effort and submitted
by the states to the 2002 National
Emissions Inventory. Several iterations
of the 2002 inventories were developed
for the different emissions source
categories resulting from revisions and
updates to the data. This resulted in the
use of version G2 of the updated data to
represent the point sources’ emissions.
Data from many databases, studies and
models (e.g., vehicle miles traveled, fuel
programs, the NONROAD 2002 model
data for commercial marine vessels,
locomotives and Clean Air Market
Division, etc.) resulted in the inventory
submitted in this SIP. The data were
developed according to EPA’s Emissions
Inventory Guidance and a quality
assurance project plan that was
developed through VISTAS and
approved by EPA. EPA agrees that the
process used to develop this inventory
was adequate to meet the requirements
of the CAA, e.g., CAA section 172(c)(3),
and the implementing regulations.
Tables 1–5 below show the level of
emissions in the Kentucky portion of
the Huntington-Ashland Area for 2002
by pollutant, county, and emissions
source category. The point, area, and
nonroad values for Lawrence County in
the December 8, 2008, submittal were
for the entire county, not just the census
block that EPA designated as
nonattainment. On May 26, 2011, at the
request of EPA, the Commonwealth
submitted updated tables to include
information on point source emissions
from the designated census block and
population based apportionment of the
area and nonroad sectors to support the
mobile source insignificance finding
discussed further in Section IV.B.
below. A copy of the May 26, 2011,
clarification letter and updated tables
can be found in the docket for this
proposed action (EPA–R02–OAR–2010–
0255) on the www.regulations.gov Web
site. EPA is proposing to approve the
emissions inventory for the Kentucky
portion of the Huntington-Ashland Area
as meeting the requirements of Section
172(c)(3) of the CAA.
TABLE 1—BASE AND ATTAINMENT YEAR VOC INVENTORY FOR THE KENTUCKY PORTION OF THE HUNTINGTON-ASHLAND
AREA
Boyd County
Lawrence County
KY portion total
VOC (tpy)
2002
Point .................................
Area ..................................
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2002
3259
775
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2009
98
374
Sfmt 4702
2002
119
357
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TABLE 1—BASE AND ATTAINMENT YEAR VOC INVENTORY FOR THE KENTUCKY PORTION OF THE HUNTINGTON-ASHLAND
AREA—Continued
Boyd County
Lawrence County
KY portion total
VOC (tpy)
2002
2009
2002
2009
2002
2009
Mobile ...............................
Nonroad ...........................
991
312
613
256
409
223
269
271
1400
535
882
527
Total ..........................
5166
4903
1104
1016
6270
5919
TABLE 2—BASE AND ATTAINMENT YEAR NOX INVENTORY FOR THE KENTUCKY PORTION OF THE HUNTINGTON-ASHLAND
AREA
Boyd County
Lawrence County
KY portion total
NOX (tpy)
2002
2009
2002
2009
2002
2009
Point .................................
Area ..................................
Mobile ...............................
Nonroad ...........................
7046
40
1213
3319
7281
46
774
3107
17129
87
785
726
5730
93
528
664
24175
127
1998
4045
13011
139
1302
3771
Total ..........................
11618
11208
18727
7015
30345
18223
TABLE 3—BASE AND ATTAINMENT YEAR SO2 INVENTORY FOR THE KENTUCKY PORTION OF THE HUNTINGTON-ASHLAND
AREA
Boyd County
Lawrence County
KY portion total
SO2 (tpy)
2002
2009
2002
2009
2002
2009
Point .................................
Area ..................................
Mobile ...............................
Nonroad ...........................
9711
542
54
482
10432
578
6
380
48874
96
30
85
47739
102
4
52
58585
638
84
567
58171
680
10
432
Total ..........................
10789
11396
49085
47897
59874
59293
TABLE 4—BASE AND ATTAINMENT YEAR PM2.5 INVENTORY FOR THE KENTUCKY PORTION OF THE HUNTINGTON-ASHLAND
AREA
Boyd County
Lawrence County
KY portion total
PM2.5 (tpy)
2002
2009
2002
2009
2002
2009
Point .................................
Area ..................................
Mobile ...............................
Nonroad ...........................
1256
712
21
131
1255
748
15
121
335
216
14
30
413
219
10
28
1591
928
35
161
1668
967
25
149
Total ..........................
2120
2139
595
670
2715
2809
TABLE 5—BASE AND ATTAINMENT YEAR AMMONIA INVENTORY FOR THE KENTUCKY PORTION OF THE HUNTINGTONASHLAND AREA
Boyd County
Lawrence County
KY portion total
Ammonia (tpy)
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2002
2009
2002
2009
2002
2009
Point .................................
Area ..................................
Mobile ...............................
Nonroad ...........................
336
38
44
0
378
38
53
0
31
28
20
0
44
28
26
0
367
66
64
0
422
66
79
0
Total ..........................
418
469
79
98
497
567
EPA has reviewed Kentucky’s
emissions inventory and finds that it is
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adequate for the purposes of meeting
section 172(c)(3) emissions inventory
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requirement. The emissions inventory is
approvable because the emissions were
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developed consistent with the CAA,
implementing regulations and EPA
guidance for emissions inventories.
Additional emissions inventory
information, including summary tables
for the Ohio and West Virginia portions
of the Huntington-Ashland Area, are
included in Appendix E of Kentucky’s
attainment SIP and are located in the
docket for this proposed action (EPA–
R02–OAR–2010–0255) on the
www.regulations.gov Web site.
3. Modeling
The PM2.5 attainment demonstrations
must include modeling that should be
developed in accordance with EPA’s
Modeling Guidance. A brief description
of the modeling used to support
Kentucky’s attainment demonstration
follows. More detailed information can
be found in Kentucky’s December 3,
2010, SIP revision in the docket for this
proposed action (EPA–R02–OAR–2010–
0255) on the www.regulations.gov Web
site.
Ambient PM2.5 typically includes
both primary (directly emitted) PM2.5
and secondary PM2.5 (e.g., sulfates and
nitrates formed by chemical reactions in
the atmosphere). Some of the
physicochemical processes leading to
the formation of secondary PM2.5 may
take hours or days, as may some of the
removal processes. Thus, some sources
of secondary PM2.5 may be sources
outside of the nonattainment area. To
model a sufficient geographic area to
take these processes into account,
Kentucky’ regional modeling domain
covered an area slightly greater than the
geographical area of the VISTAS/ASIP
states in this attainment demonstration.
Kentucky, through the ASIP and
VISTAS, conducted an analysis of the
major contributing components of PM2.5
in the Kentucky portion of the
Huntington-Ashland Area. Specifically,
organic carbon (OC) and sulfuric acid
(SO4) account for the largest
contributions. The majority of OC can
be attributed to biogenic emissions and
SO4 to emissions of SO2. SO2 emissions
are primarily associated with the point
source sector, accounting for
approximately 98 percent of the SO2
emission in the Huntington-Ashland
Area. Emissions sensitivity modeling for
the Huntington-Ashland Area indicated
that SO2 emissions reductions from
EGUs in Kentucky, Tennessee, and West
Virginia would have the greatest
benefits for the Area. The VISTAS
modeling also projects limited benefits
to total PM2.5 emissions from reductions
of NOX. The modeling performed by
VISTAS showed that reductions of
primary carbon from the mobile sector
were more effective than reductions of
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either VOCs or NOX from mobile
sources. EPA agrees with Kentucky’s
assertion that controlling SO2 from
point sources is the most effective
means of addressing attainment of the
1997 Annual PM2.5 NAAQS in the
Huntington-Ashland Area.
Model Selection and Inputs
The ASIP performed modeling for
ozone and PM2.5 for the 10 collaborating
southeastern states, including Kentucky.
The modeling analysis is a complex
technical evaluation that began with
selection of the modeling system. The
ASIP and/or VISTAS used the following
modeling system:
• Meteorological Model: The
Pennsylvania State University/National
Center for Atmospheric Research
Mesoscale Meteorological Model is a
nonhydrostatic, prognostic
meteorological model routinely used for
urban- and regional-scale
photochemical, ozone, PM2.5, and
regional haze regulatory modeling
studies.
• Emissions Model: The Sparse
Matrix Operator Kernel Emissions
modeling system is an emissions
modeling system that generates hourly
gridded speciated emission inputs of
mobile, non-road mobile, area, point,
fire and biogenic emission sources for
photochemical grid models.
• Air Quality Model: The EPA’s
Models-3/Community Multiscale Air
Quality (CMAQ) modeling system is a
photochemical grid model capable of
addressing ozone, PM, visibility and
acid deposition at a regional scale. The
photochemical model selected for this
study was CMAQ version 4.5. It was
modified through VISTAS with a
module for Secondary Organics
Aerosols in an open and transparent
manner that was also subjected to
outside peer review.
CMAQ modeling of regional haze in
the VISTAS region for 2002 and 2009
was carried out on a grid of 12 × 12
kilometer cells that covers the ten
VISTAS states and states adjacent to
them. This grid is nested within a larger
national CMAQ modeling grid of 36 ×
36 kilometer grid cells that covers the
continental United States, portions of
Canada and Mexico, and portions of the
Atlantic and Pacific Oceans along the
east and west coasts. Selection of a
representative period of meteorology is
crucial for evaluating baseline air
quality conditions and projecting future
changes in air quality due to changes in
emissions of visibility-impairing
pollutants. VISTAS conducted an indepth analysis which resulted in the
selection of the entire calendar year of
2002 as the best period of meteorology
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available for conducting the CMAQ
modeling. As noted above, the VISTAS
and ASIP states modeling was
developed consistent with EPA’s
Emissions Inventory Guidance and
EPA’s Modeling Guidance.
VISTAS examined the model
performance of the regional modeling
for the areas of interest before
determining whether the CMAQ model
results were suitable for use in the
assessment of an attainment of the PM2.5
NAAQS and for use in the modeling
assessment. The modeling assessment
predicts future levels of emissions and
visibility impairment used to support
the 2009 PM2.5 control strategy. In
keeping with the objective of the CMAQ
modeling platform, the air quality
model performance was evaluated using
graphical and statistical assessments
based on measured ozone, fine particles,
and acid deposition from various
monitoring networks and databases for
the 2002 base year. A diverse set of
statistical parameters from the EPA’s
Modeling Guidance was used to stress
and examine the model and modeling
inputs. Once the model performance of
the 2002 base year was determined to be
acceptable, the EPA model attainment
test was used to assess whether
attainment of the PM2.5 NAAQS would
be achieved in 2009. The DAQ provided
the appropriate supporting
documentation for all required analyses
used to determine Kentucky’s control
strategy. The technical analyses and
modeling used to assess attainment in
2009 for the Area is consistent with the
CAA, EPA’s PM2.5 Implementation Rule
and EPA’s Modeling Guidance. EPA
accepts the VISTAS and ASIP technical
modeling to support the attainment SIP
for the Area because the modeling
system was chosen and simulated
according to EPA’s Modeling Guidance.
For purposes of the Huntington-Ashland
attainment demonstration, EPA agrees
with the VISTAS model performance
procedures and results, and that the
CMAQ is an appropriate tool for the
assessment of PM2.5 for the Kentucky
attainment demonstration for this Area.
Additional details on the ASIP and
VISTAS modeling is included in the
Kentucky SIP.
Modeling Results
The modeling results were used in a
relative sense in concert with observed
PM2.5 air quality data (i.e., taking the
ratio of future to present model
predicted air quality and multiplying it
times an ‘‘ambient design value’’). The
ambient design value is an average of
the three current design values (i.e.,
2001, 2002, and 2003) that straddle the
modeling base year (i.e., 2002). EPA
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recommends using the average of the
three design value periods which
include the baseline inventory year.
This average design value best
represents the baseline concentrations,
while taking into account the variability
of meteorology and emissions (over a
five-year period). This EPA attainment
test approach should reduce some of the
uncertainty involved with using
absolute model predictions alone. Using
the model in a relative sense also
reduces the effects of uneven model
performance and possible major biases
in predicting absolute concentrations of
one or more components. The ratio of
future to present model predicted air
quality resulted in relative reduction
factors (RRF). The multiplication of the
RRF by an ambient design value from
the base year (i.e., 2002) provided
estimates of future design values to
determine if monitors and areas with
monitors in the nonattainment area will
comply with the annual PM2.5 NAAQS.
EPA provided guidance to states and
tribes for projecting PM2.5
concentrations using a ‘‘speciated
modeled attainment test’’ (SMAT)
(EPA–454/B–07–002, April 2007). Once
modeling for a projection year and a
base year are complete, RRFs are
computed for each component of PM2.5
in the modeling domain. Modeling by
Kentucky to assess attainment in the
entire Huntington-Ashland Area used
the following components of PM2.5: SO4,
NO3, directly emitted organic particles,
and directly emitted inorganic particles.
Ammonia is treated as part of SO4 and
NO3 molecules, and water is assumed to
be present at a constant mass in both the
base year and projection year. For each
monitoring location, the RRF for a
component is computed as the ratio of
the projection year divided by the base
year modeled concentration for a threeby-three array of modeled grid cells
centered on the monitoring location.
Projection year component
concentrations are estimated by
multiplying the RRFs times a
monitoring based base year component
concentration, determined by applying
measured speciation data to the
monitored total PM2.5 design
concentration. The sum of these
estimated projection year component
concentrations is the estimated
projection year PM2.5 concentration. If
future estimates of PM2.5 concentrations
are less than the 1997 PM2.5 NAAQS,
then the modeling indicates attainment
of the standard.
PM2.5 includes a mixture of
components that can behave
independently from one another (e.g.,
primary vs. secondary particles) or that
are related to one another in a complex
way (e.g., different secondary particles).
Thus, it is appropriate to consider the
predicted future concentration of PM2.5
to be the sum of the predicted
4517
component concentrations. See 72 FR
20608. As recommended in EPA’s
Modeling Guidance, Kentucky divided
PM2.5 into its major components and
noted the future effects of already
implemented strategies on each. The
effect on PM2.5 was estimated as a sum
of the effects on individual components.
Future PM2.5 design values at specified
monitoring sites were estimated by
adding the future-year values of seven
PM2.5 components. All future sitespecific PM2.5 design values were below
the concentration specified in the
NAAQS; therefore, the HuntingtonAshland Area passed the SMAT
evaluation.
EPA has also developed a software
package called Modeled Attainment
Test Software (MATS) which will
spatially interpolate data, adjust the
spatial fields based on model output
gradients and multiply the fields by
model calculated RRFs. EPA
recommended that the Commonwealth
provide MATS attainment test values
for 2009 since the tool became available
soon after Kentucky had drafted its
attainment demonstration. The 2009
MATS values for the entire HuntingtonAshland Area also indicate attainment
of the annual PM2.5 NAAQS in 2009.
Table 7 illustrates the current (2002
DVC) and future (2009 DVF) annual
design values for 2009 for the monitors
in the nonattainment area.
TABLE 7—2002 CURRENT AND 2009 PREDICTED ANNUAL PM2.5 DESIGN VALUES (μG/M3)
Site No.
21–019–0017
39–087–0010
39–145–0013
54–011–0006
State
...............................................................................
...............................................................................
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Additional Analysis
Kentucky provided supplemental
analysis to further support results from
the modeled attainment tests. As a first
step, Kentucky noted that the modeled
attainment tests supported a conclusion
that the proposed strategy will meet the
air quality goals by the attainment year.
As noted in section 7 of EPA’s Modeling
Guidance, corroboratory analyses
should be used to help assess whether
a simulated control strategy is sufficient
to meet the NAAQS. One of the metrics
identified in the guidance is the
calculations of the percent change in the
number of grid cells greater than or
equal to 15.0 mg/m3 in the
nonattainment area. For Kentucky’s
analysis, cell counts of modeling data
were tallied for both the 2002 baseline
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KY
OH
OH
WV
Boyd ..........................................
Lawrence ..................................
Scioto ........................................
Cabell ........................................
and 2009 attainment year modeling runs
for a subset of the highest days from the
base year and which coincide with the
29 days used in the model performance
evaluation and modeling results
discussed previously. The analysis
indicates a 10 percent increase in the
number of cells representing days with
concentrations below 15.0 mg/m3.
Kentucky conducted an additional
unmonitored area analysis to ensure
that a control strategy leads to
reductions in PM2.5 at other locations
which could have baseline (and future)
design values exceeding the NAAQS
were a monitor deployed there.
Consistent with EPA’s Modeling
Guidance, the ASIP determined the
2002 current year and 2009 projected
PM2.5 design values in the Huntington-
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2002 Annual
DVC
County
Sfmt 4702
14.9
15.7
17.1
16.5
2009 Annual
DVF
12.6
13.7
14.7
14.4
Ashland Area using the 2002 typical
and 2009 BaseG4 CMAQ 12 km
modeling results. Appendix L of the
Commonwealth’s submittal contains
maps which illustrate that the MATS
projections for the unmonitored areas in
Kentucky and the entire HuntingtonAshland Area will be below the PM2.5
NAAQS by 2009.
EPA Analysis
Kentucky’s PM2.5 attainment
demonstration submittal covers only the
portion of the Huntington-Ashland Area
for which Commonwealth has
jurisdiction (Boyd County and a portion
of Lawrence County). However, the
modeling results for the West Virginia
and Ohio portions of the Area reach
conclusions of attainment which are
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consistent with that of Kentucky. The
technical analyses and modeling to
assess attainment of the entire
nonattainment Area were developed
consistent with EPA’s Modeling
Guidance. The modeling system was
chosen and simulated to develop a
model performance evaluation of the
nonattainment area to provide the
necessary assurances and results that an
assessment of future controls for
attainment is merited. Application of
the EPA modeled attainment test and
the MATS indicated future design
values that are less than 15.0 mg/m3 and
consistent with attainment of the 1997
Annual PM2.5 NAAQS. The additional
analyses based on other regional
modeling studies, including EPA and
the Midwest RPO, support the modeling
results developed by the ASIP and
Kentucky. Finally, the area’s status as
having attained the standard further
supports the modeling results.
Current Air Quality Analysis
As noted in section II.C. above, on
September 7, 2011, EPA determined that
the Huntington-Ashland Area had
attaining data for the 1997 Annual PM2.5
NAAQS based upon data for the 3-year
period 2007–2009, with a design value
(i.e., the highest 3-year average of
annual mean PM2.5 concentrations) of
14.3 mg/m3. In that same notice EPA
noted that the Area also had attaining
data for the 3-year period 2008–2010,
with a design value of 13.1 mg/m3. These
data, which have been quality-assured,
certified, and recorded in EPA’s Air
Quality System (AQS), are summarized
in Tables 8 and 9 below. In addition,
monitoring data thus far available, but
not yet certified, in the AQS database
for 2011 show that this Area continues
to meet the 1997 Annual PM2.5 NAAQS.
The continuing decrease in PM2.5
concentrations in the Area supports
Kentucky’s determination that current
measures were sufficient to bring the
Area into attainment by no later than
the required attainment date of April 5,
2010.
TABLE 8—2007–2009 ANNUAL AVERAGE CONCENTRATIONS IN THE HUNTINGTON-ASHLAND AREA
Site name
County
Huntington ........................................................................................
Ashland Primary (FIVCO) ................................................................
Lawrence County Hospital ...............................................................
Ironton Department of Transportation (DOT) 3 ................................
Cabell, WV ........................
Boyd, KY ...........................
Lawrence, OH ...................
Lawrence, OH ...................
Site No.
54–011–0006
21–019–0017
39–087–0010
39–087–0012
Annual average
concentration
(μg/m3)
1 14.3
...................
...................
...................
...................
12.4
2 13.3
12.2
TABLE 9—2008–2010 ANNUAL AVERAGE CONCENTRATIONS IN THE HUNTINGTON-ASHLAND AREA
Site name
County
Site No.
Huntington ........................................................................................
Ashland Primary (FIVCO) ................................................................
Ironton DOT 4 ...................................................................................
Campbell ...........................
Boyd ..................................
Lawrence ..........................
54–011–0006 ...................
21–019–0017 ...................
39–087–0012 ...................
13.1
11.4
12.2
CAA section 172(c)(1) requires that
each attainment plan ‘‘provide for the
implementation of all reasonably
available control measures as
expeditiously as practicable (including
such reductions in emissions from the
existing sources in the area as may be
obtained through the adoption, at a
minimum, of reasonably available
control technology), and shall provide
for attainment of the national primary
ambient air quality standards.’’ EPA
interprets RACM, including RACT,
under section 172 as measures that a
state finds are both reasonably available
and contribute to attainment as
expeditiously are practicable in the
nonattainment area. 40 CFR 51.1010; 72
FR 20586, 20612.
States are required to evaluate RACM/
RACT for direct PM2.5 emissions and all
of the area’s attainment plan precursors.
40 CFR 51.1002(c); 72 FR 20586,20589–
97. The state must address SO2 as a
PM2.5 attainment plan precursor and
evaluate sources of SO2 emissions in the
state for control measures. The state
must address NOX as a PM2.5 attainment
plan precursor and evaluate sources of
NOX emissions in the state for control
measures, unless the state and EPA
provide an appropriate technical
demonstration for a specific area
showing that NOX emissions from
sources in the state do not significantly
contribute to PM2.5 concentrations in the
nonattainment area. Also, because EPA
concluded that VOCs and ammonia are
presumptively not regulatory precursors
for PM2.5, the state is not required to
evaluate RACM/RACT for sources of
VOCs or ammonia unless there is a
determination supported by an
appropriate demonstration that such
emissions need to be regulated for
expeditious attainment of the NAAQS
in the specific area.
For PM2.5 attainment plans, the PM2.5
Implementation Rule requires a
combined approach to RACM and RACT
under subpart 1 of Part D of the CAA
(‘‘Plan Requirements for Nonattainment
Areas/Nonattainment Areas in
General’’). Subpart 1, unlike subparts 2
and 4, does not identify specific source
categories for which EPA must issue
control technique documents or
guidelines and does not identify specific
source categories for state and EPA
evaluation during attainment plan
development. 72 FR 20586, 20610.
1 West Virginia has a collocated monitor in place
at the same site for quality assurance purposes. The
primary monitor, and not the collocated monitor, is
used to determine compliance with the PM2.5
NAAQS. Since the collocated monitor takes fewer
readings than the primary monitor, its average
annual values may be unrepresentatively high. (See
40 CFR Part 50, Appendix N, 3(d)(1).)
2 The LCH Site was shut-down in February 2008.
The Ironton DOT site began operation on the same
day the LCH Site ceased monitoring.
3 The Ironton DOT site did not begin operation
until February 2008.
4 The Ironton DOT site began operation in
February 2008 and thus did collect 75 percent for
the first quarter of 2008. However, this was a new
site and monitoring data did meet 75 percent
completeness for the remainder of the quarter and
for the subsequent quarters. As such, EPA does not
consider the first quarter data to be incomplete.
4. Reasonably Available Control
Measures/Reasonably Available Control
Technology (RACM/RACT)
a. Requirements for RACM/RACT
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concentration
(μg/m3)
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Rather, under subpart 1, EPA considers
RACT to be part of an area’s overall
RACM obligation consistent with the
section 172 definition. Because the
variable nature of the PM2.5 problem in
different nonattainment areas may
require states to develop attainment
plans that address widely disparate
circumstances, EPA determined not
only that states should have flexibility
with respect to RACM/RACT controls
but also that in areas needing significant
emission reductions, RACM/RACT
controls on smaller sources may be
necessary to reach attainment as
expeditiously as practicable. 72 FR
20586, 20612 and 20615. Thus, under
the PM2.5 Implementation Rule, RACT
and RACM are those reasonably
available measures that contribute to
attainment as expeditiously as
practicable in the specific
nonattainment area. 40 CFR 51.1010; 72
FR 20586, 20612.
The PM2.5 Implementation Rule
requires that attainment plans include
the list of measures that a state
considered and information sufficient to
show that the state met all requirements
for the determination of what
constitutes RACM/RACT in a specific
nonattainment area. 40 CFR 51.1010(a).
In addition, the rule requires that the
state, in determining whether a
particular emissions reduction measure
or set of measures must be adopted as
RACM/RACT, consider the cumulative
impact of implementing the available
measures and to adopt as RACM/RACT
any potential measures that are
reasonably available considering
technological and economic feasibility
if, considered collectively, they would
advance the attainment date by one year
or more. If a measure or measures is not
necessary for expeditious attainment of
the NAAQS in the area, then by
definition that measure is not RACM/
RACT for purposes of the 1997 PM2.5
NAAQS in that area. Any measures that
are necessary to meet these
requirements which are not already
either federally promulgated, part of the
state’s SIP, or otherwise creditable in
SIPs must be submitted in enforceable
form as part of a state’s attainment plan
for the area. 72 FR 20586, 20614.
Guidance provided in the PM2.5
Implementation Rule for evaluating
RACM/RACT level controls for an area
also indicates that there could be
flexibility with respect to those areas
that were predicted to attain the 1997
PM2.5 NAAQS within five years of
designation as a result of existing
national or local measures. 72 FR 20586,
20612. In such circumstances, the state
may conduct a more limited RACM/
RACT analysis that does not involve
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additional air quality modeling.
Moreover, the RACM/RACT analysis for
such area would focus on a review of
reasonably available measures, the
estimation of potential emissions
reductions, and the evaluation of the
time needed to implement the measures.
Thus, the PM2.5 Implementation Rule
guidance recommends that an analysis
for those areas expected to attain within
five years of designation as a
nonattainment area for the 1997 PM2.5
NAAQS may be a less rigorous than for
areas expected to attain later.
A more comprehensive discussion of
the RACM/RACT requirement for PM2.5
attainment plans and EPA’s guidance
for it can be found in the preamble to
the PM2.5 Implementation Rule. 72 FR
20586, 20609–20633.
b. Kentucky’s Analysis of Pollutants and
Sources for the Huntington-Ashland
Area
Kentucky’s analysis, which appears in
chapter 7 of the attainment plan
submission, evaluates sources of PM2.5,
SO2, and NOX located in the
nonattainment area for potential control
as RACM/RACT. The Commonwealth
determined that controls of sources of
VOCs or ammonia would not be
necessary for expeditious attainment of
the NAAQS in this area. EPA agrees that
Kentucky’s determination is supported
by its analysis. The Commonwealth’s
determination with respect to which
pollutants the plan should evaluate is
discussed in chapter 1 of the submittal.
After evaluating which pollutants
should be addressed in the attainment
plan, the Commonwealth identified all
source categories of those emissions
located within the nonattainment area
to determine available controls that
could advance the attainment date by
one year or more. See Appendix M of
the attainment plan submittal. Based on
the emissions inventory and other
information, the Commonwealth
identified several source categories as
sources that should be evaluated for
controls. Stationary source measure
categories identified include stationary
diesel engine retrofit, rebuild or
replacements; new or upgraded
emission control requirements for direct
PM2.5 emissions at stationary sources;
improved capture of particulate
emissions to increase the amount of
PM2.5 ducted to control devices; new or
upgraded emission controls for PM2.5
precursors at stationary sources; energy
efficiency measures to reduce fuel
consumption and associated pollutant
emissions; and measures to reduce
fugitive dust from industrial sites.
Mobile source measure categories
identified include on-road diesel engine
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4519
retrofits for school buses, trucks and
transit buses using EPA verified
technologies; nonroad diesel engine
retrofit, rebuild or replacement; diesel
idling programs for trucks, locomotive,
and other mobile sources; transportation
control measures, including those listed
in section 108(f) of the CAA and other
transportation demand management and
transportation systems management
strategies; programs to reduce emissions
or accelerate retirement of high emitting
vehicles, boats, and lawn and garden
equipment; emissions testing and
repair/maintenance programs for onroad vehicles, nonroad heavy-duty
vehicles and equipment; programs to
expand use of clean burning fuels; low
emissions specifications for equipment
or fuel used for large construction
contracts, industrial facilities, ship
yards, airports, and public or private
vehicle fleets; and opacity or other
emissions standards for ‘‘grossemitting’’ diesel equipment or vessels.
Area source measure categories
identified include new open burning
regulations and/or measures to improve
program effectiveness such as programs
to reduce or eliminate burning of land
clearing vegetation; programs to reduce
emissions from woodstoves and
fireplaces including outreach programs,
curtailments during days with expected
high ambient levels of PM2.5, and
programs to encourage replacement of
woodstoves when houses are sold;
controls on emissions from charbroiling
or other commercial cooking operations;
and reduced solvent usage or solvent
substitution.
In accordance with 40 CFR 51.1010,
the attainment demonstration
component for a PM2.5 nonattainment
area SIP is required to demonstrate that
all RACM (including RACT for
stationary sources) necessary to
demonstrate attainment as expeditiously
as practicable have been adopted. The
cumulative impact of implementing
available measures must be considered
in determining whether a particular
emission reduction measure or set of
measures is required to be adopted as
RACM. Potential measures that are
reasonably available considering
technical and economic feasibility must
be adopted as RACM if, considered
collectively, they would advance the
attainment date by one year or more.
Therefore, since Kentucky demonstrated
attainment of the 1997 PM2.5 NAAQS in
the Kentucky portion of the HuntingtonAshland Area by the end of 2009, any
RACM measures would have needed to
be in effect at the beginning of 2008 to
have had any potential to advance the
attainment date by at least one year.
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Through participation in regional
planning efforts of the Southeast
Regional Planning Organization,
VISTAS and the ASIP, Kentucky has
evaluated potential control measures to
attain the fine particle. For the relevant
source categories, the Commonwealth
evaluated the potential control measures
that would be considered reasonable for
the Huntington-Ashland Area, in light
of timing and other considerations
consistent with EPA’s guidance. DAQ
determined that there were no
additional measures that could be
adopted by January 1, 2008. In addition,
existing measures and measures
planned for implementation by 2009
enabled the Huntington-Ashland Area
to attain the 1997 PM2.5 NAAQS.
Therefore, no further actions on RACM
or RACT are warranted.
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c. Kentucky’s Evaluation of RACM/
RACT Control Measures for the
Huntington-Ashland Area
In accordance with section 172 of the
CAA, the Kentucky portion of the
Huntington-Ashland Area has adopted
all RACM, including RACT, needed to
attain the standards ‘‘as expeditiously as
practicable.’’ Kentucky’s demonstration
for attaining the 1997 PM2.5 NAAQS in
the Kentucky portion of the HuntingtonAshland Area is based on the following
enforceable measures, as discussed in
Chapter 5 of the plan: tier 2 vehicle
standards; heavy-duty gasoline and
diesel highway vehicle standards; large
nonroad diesel engine standards;
nonroad spark-ignition engines and
recreational engines standards;
combustion turbine MACTs; VOC 2-,
4-, 7-, and 10-year MACT standards;
consent agreements; open burning bans;
and fugitive emissions standards.
d. Proposed Action on RACM/RACT
Demonstration and Control Strategy
EPA is proposing to approve
Kentucky’s evaluation of RACM/RACT
control measures for the Kentucky
portion of the Huntington-Ashland
Area. As noted in section C. above, EPA
has already determined that the
Huntington-Ashland Area has attaining
data for the 1997 Annual PM2.5 NAAQS
and met the standard by its applicable
attainment date of April 5, 2010. EPA’s
guidance for the PM2.5 Implementation
Rule recommends that if an area was
predicted through the attainment plan
to attain the standard within five years
after designation, then the state could
submit a more limited RACM/RACT
analysis and the state could elect not to
do additional modeling.
In light of the fact that the Kentucky
portion of the Huntington-Ashland Area
is now attaining the standards, EPA
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proposes to conclude that the
attainment plan meets the RACM/RACT
requirements of the PM2.5
Implementation Rule and that the level
of control in the Commonwealth’s
attainment plan constitutes RACM/
RACT for purposes of the 1997 PM2.5
NAAQS. Because the PM2.5
Implementation Rule defines RACM/
RACT as that level of control that is
necessary to bring the area into
attainment as expeditiously as
practicable, the current level of
Federally enforceable controls on
sources located within the Area is by
definition RACM/RACT for this Area for
this purpose, given the Area’s status as
attaining the standard.
5. Reasonable Further Progress
Section 172(c)(2) of the CAA and the
PM2.5 Implementation Rule require that
attainment plans include a
demonstration that reasonable further
progress toward meeting air quality
standards will be achieved through
generally linear incremental
improvement in air quality. For the
1997 PM2.5 NAAQS, a state is required
to submit a separate RFP plan for any
area for which the state seeks an
extension of the attainment date beyond
2010. The PM2.5 Implementation Rule
set forth that an area that demonstrates
attainment within five years of the date
of designation will be considered to
have satisfied the RFP requirement and
is not required to submit a separate RFP
plan. See 40 CFR 51.1009(b). The
Kentucky attainment plan submittal
meets the RFP requirements for the
Huntington-Ashland Area by
demonstrating that the Area attained the
1997 PM2.5 NAAQS by the 2010
attainment date.
6. Contingency Measures
In accordance with section 172(c)(9)
of the CAA, the PM2.5 Implementation
Rule requires that PM2.5 attainment
plans include contingency measures. 40
CFR 51.1012 and 72 FR at 20642–20646.
(April 25, 2007). Contingency measures
are additional measures to be
implemented in the event that an area
fails to meet RFP or fails to attain a
standard by its attainment date. These
measures must be fully adopted rules or
control measures that can be
implemented quickly and without
additional EPA or state action if the area
fails to meet RFP or fails to attain by its
attainment date and should contain
trigger mechanisms and an
implementation schedule. In addition,
they should be measures not already
included in the SIP control strategy for
attaining the standard and should
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provide for emission reductions
equivalent to one year of RFP.
The Kentucky attainment plan
describes the contingency measures for
the Huntington-Ashland Area as being
comprised of Federal measures that
were already in place and that would
take effect automatically, without
further action by the Commonwealth or
EPA, if the Area were to fail to attain the
standard by its attainment date. As
noted in section II.C. of this proposed
rulemaking, EPA made a determination,
based on complete, quality-assured,
quality-controlled, and certified ambient
air monitoring data for the 2007–2009
monitoring period, that the HuntingtonAshland Area attained the 1997 Annual
PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
Because EPA has determined, in
accordance with CAA 179(c)(1), that the
area attained by its required deadline,
no contingency measures for failure to
attain by this date need to be
implemented. Furthermore, as set forth
in the PM2.5 Implementation Rule, areas
that attained the NAAQS by the
attainment date are considered to have
satisfied the requirement to show RFP,
and as such do not need to implement
contingency measures to make further
progress to attainment. Since EPA has
determined that the Area has attained
by the attainment date, the contingency
measures submitted by Kentucky are no
longer necessary for the HuntingtonAshland Area to meet RFP requirements
or to attain the annual PM2.5 NAAQS by
the attainment date.
7. Attainment Date
Kentucky provided a demonstration
of attainment of the 1997 PM2.5 NAAQS
in the Huntington-Ashland Area by no
later than five years after the Area was
designated nonattainment. In
accordance with the PM2.5
Implementation Rule, areas such as this,
demonstrating that they will attain the
standard by April 5, 2010, attainment
deadline, are considered to have
satisfied the requirement to show RFP
toward attainment and need not submit
a separate RFP plan. For similar reasons,
such areas are also not subject to a
requirement for a mid-course review.
B. Insignificance Determination for the
Mobile Source Contribution to PM2.5 and
NOX Emissions
The CAA requires federal actions in
nonattainment and maintenance areas to
‘‘conform to’’ the goals of SIPs. See, e.g.,
CAA section 176. This means that such
actions will not cause or contribute to
violations of a NAAQS; worsen the
severity of an existing violation; or
delay timely attainment of any NAAQS
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or any interim milestone. Actions
involving Federal Highway
Administration (FHWA) or Federal
Transit Administration (FTA) funding
or approval are subject to the
transportation conformity rule (40 CFR
part 93, subpart A). Under this rule,
metropolitan planning organizations
(MPOs) in nonattainment and
maintenance areas coordinate with state
air quality and transportation agencies,
EPA, and the FHWA and FTA to
demonstrate that their metropolitan
transportation plans and transportation
improvement programs (TIP) conform to
applicable SIPs. This is typically
determined by showing that estimated
emissions from existing and planned
highway and transit systems are less
than or equal to the motor vehicle
emissions budgets contained in a SIP.
For motor vehicle emissions budgets
to be approvable, they must meet, at a
minimum, EPA’s adequacy criteria
found at 40 CFR 93.118(e)(4). In certain
instances, the Transportation
Conformity Rule allows areas to forgo
establishment of a MVEB where it is
demonstrated that the regional motor
vehicle emissions for a particular
pollutant or precursor are an
insignificant contributor to the air
quality problem in an area. The general
criteria for insignificance
determinations can be found in 40 CFR
93.109(m). Insignificance
determinations are based on a number
of factors, including the percentage of
motor vehicle emissions in context of
the total SIP inventory; the current state
of air quality as determined by
monitoring data for the relevant
NAAQS; the absence of SIP motor
vehicle control measures; and the
historical trends and future projections
of the growth of motor vehicle
emissions. EPA’s rationale for providing
for insignificance determinations is
described in the July 1, 2004, revision
to the Transportation Conformity Rule
at 69 FR 40004.5 Specifically, the
rationale is explained on page 40061
under the subsection entitled ‘‘XXIII.B.
Areas With Insignificant Motor Vehicle
Emissions.’’ Any insignificance
determination under review of EPA is
subject to the adequacy and approval
process for EPA’s action on the SIP.
EPA made an insignificance finding
through the transportation conformity
5 Since the July 1, 2004, revision, 40 CFR 93.109
was again revised on March 24, 2010 because of the
Transportation Conformity Rule PM2.5 and PM10
Amendments update. In the 2004 preamble and
rule, the insignificance determinations were
outlined in 40 CFR 93.109(k). Due to renumbering
of this section in the 2010 update, the provisions
for insignificance determinations are now located at
40 CFR 93.109(m).
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adequacy process for NOX and directly
emitted PM2.5 for the Kentucky portion
of the Huntington-Ashland PM2.5
nonattainment area on June 18, 2010 (75
FR 34734). As a result of EPA’s
insignificance finding, the Kentucky
portion of the Huntington-Ashland Area
was no longer required to perform
regional emissions analyses for either
directly emitted PM2.5 or NOX as part of
future PM2.5 conformity determinations
for the 1997 Annual PM2.5 NAAQS until
such time that EPA reviewed and took
action on the Huntington-Ashland
Area’s attainment plan (the subject of
today’s proposed action). EPA’s June 18,
2010, insignificance finding for directly
emitted PM2.5 and NOX through the
adequacy process (effective on July 6,
2010) only relates to the Kentucky
portion of the tri-state HuntingtonAshland Area.6
When EPA makes an insignificance
determination through the adequacy
process for transportation conformity,
EPA notes that an adequacy
determination does not imply that an
insignificance determination in the SIP
(i.e., in this case the attainment plan)
will ultimately be approved. Consistent
with EPA’s adequacy review of
Kentucky’s December 3, 2008,
attainment plan and the Agency’s
subsequent thorough review of the
entire SIP submission, EPA is proposing
to approve Kentucky’s insignificance
determination for the mobile source
contribution of NOX and PM2.5
emissions to the overall PM2.5 emissions
in the Huntington-Ashland Area. As
stated previously, the point, area, and
nonroad values for Lawrence County in
the December 8, 2008 submittal were for
the entire county, not just the census
block that U.S.EPA designated as
nonattainment. The on-road mobile
emissions were determined specifically
for the designated portion of Lawrence
County. On May 26, 2011, at the request
of EPA, the Commonwealth submitted
updated tables to include information
on point source emissions from the
designated census block and population
based apportionment of the area and
non-road sectors to support the mobile
source insignificance finding.
EPA finds that Kentucky’s SIP
submittal meets the criteria in the
transportation conformity rules for an
insignificance finding for both NOX and
PM2.5 contribution from motor vehicles
in the Kentucky portion of the
6 In a letter dated October 23, 2009, EPA informed
the State of Ohio that regional mobile emissions of
direct PM2.5 and NOX are insignificant for
transportation conformity purposes as well. That
insignificance determination took effect on
December 22, 2009. EPA will review the adequacy
of the West Virginia submittal in a separate action.
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4521
Huntington-Ashland Area. That is, EPA
finds that the SIP submittal
demonstrates that, for NOX and PM2.5,
regional motor vehicle emissions are an
insignificant contributor to the annual
PM2.5 concentrations in the Kentucky
portion of the Area. This finding is
based on the following factors:
• Tables 8.2–3 and 8.2–5 of
Kentucky’s submittal, as revised on May
26, 2011, demonstrate that the on-road
NOX and PM2.5 emissions in 2009 for
the Kentucky portion of the Area are
only 7.43 percent and 0.97 percent,
respectively, of the total emissions for
the Kentucky portion of the Area.
• The tables also show that mobile
source emissions of NOX and PM2.5 are
declining. Specifically, NOX and PM2.5
mobile emissions were projected to
decrease by approximately 28 percent
and 40 percent, respectively, between
the 2002 and 2009. The decrease in NOX
and PM2.5 emissions were expected
during a time when the VMT were
expected to increase by 16 percent in
the Kentucky portion of the Area.
• There have been no SIP
requirements for motor vehicles control
measures for the Kentucky portion of
the Area.
• According to the Ashland Area
Metropolitan Planning Organization
(Ashland MPO) analysis, the projected
mobile source emissions to 2030
indicate that there is no reason to expect
highway motor vehicle growth that
would cause a violation of the 1997
Annual PM2.5 NAAQS.
• As described above, the area has
attained the 1997 Annual PM2.5
standard and EPA is proposing to
approve the attainment plan for the
Kentucky portion of the area.
As discussed above, the Area is not
currently required to perform a regional
emissions analysis for the Kentucky
portion of the Huntington-Ashland Area
based on the adequacy determination
for the finding that on-road emissions of
NOX and direct PM2.5 are insignificant
contributors to the area’s PM2.5 air
quality problem. Today EPA is
proposing to approve that insignificance
finding as part of the state’s attainment
plan for the Area. If finalized, such
approval it would serve to confirm that
the Kentucky portion of the Area is not
required to perform a regional emissions
analysis for either directly emitted PM2.5
or NOX as a part of future PM2.5
conformity determinations for the 1997
Annual PM2.5 standard.7 PM2.5 hot-spot
7 If Kentucky submits a redesignation request and
maintenance plan for its portion of the HuntingtonAshland WV–KY–OH PM2.5 nonattainment area and
believes that on-road emissions of NOX and direct
PM2.5 remain insignificant during the maintenance
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emcdonald on DSK29S0YB1PROD with PROPOSALS
analysis will continue to apply for
required projects under 40 CFR 93.116
and 93.123(b) of the Transportation
Conformity Rule.
Weighing all the factors for an
insignificance finding, particularly the
minor contribution of mobile source
NOX and PM2.5, EPA has determined
that the NOX and PM2.5 contribution
from motor vehicles emissions to the
Annual PM2.5 pollution for the
Kentucky portion of the Area are
insignificant. EPA’s insignificance
finding should be considered and
specifically noted in the transportation
conformity documentation that is
prepared for this area.
The insignificance determination that
Kentucky submitted for the HuntingtonAshland Area was developed with
projected mobile source emissions
derived using the MOBILE6 motor
vehicle emissions model. EPA is
proposing to approve the inventory and
the insignificance determination
because this model was the most current
model available at the time Kentucky
was performing its analysis. However,
EPA has now issued an updated motor
vehicle emissions model known as
Motor Vehicle Emission Simulator or
MOVES. In its announcement of this
model, EPA established a two-year grace
period for continued use of MOBILE6
(extending to March 2, 2012), after
which states (other than California)
must use MOVES in conformity
determinations for transportation plans
and transportation improvement
programs.
V. Proposed Action
EPA is proposing to approve
Kentucky’s annual PM2.5 attainment
plan for the Kentucky portion of the
Huntington-Ashland Area. EPA has
determined that the SIP meets
applicable requirements of the CAA, as
described in the PM2.5 Implementation
Rule. Specifically, EPA is proposing to
approve Kentucky’s attainment
demonstration, including the RACM/
RACT analysis; RFP analysis, base-year
and attainment-year emissions
inventories; and, for transportation
conformity purposes, an insignificance
determination for PM2.5 and NOX for the
mobile source contribution to ambient
PM2.5 levels for the Commonwealth’s
portion of the Huntington-Ashland
Area. The requirement for a RFP plan is
satisfied because Kentucky
period, the maintenance plan will need to include
information to support a finding that on-road
emissions of NOX and direct PM2.5 continue to be
insignificant during the maintenance period. The
insignificance finding for the attainment
demonstration does not automatically continue to
apply to the maintenance plan.
VerDate Mar<15>2010
14:25 Jan 27, 2012
Jkt 226001
demonstrated attainment of the 1997
PM2.5 NAAQS in the Area by April
2010. Also, because EPA has
determined that the Area has attained
by the attainment date, the contingency
measures submitted by Kentucky are no
longer necessary for the HuntingtonAshland Area to meet RFP requirements
or to attain the annual PM2.5 NAAQS by
the attainment date.
VI. Statutory and Executive Order
Reviews
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
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Particulate matter.
40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012–1938 Filed 1–27–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2008–0334; FRL–9621–7]
RIN 2060–AQ89
National Emission Standards for
Hazardous Air Pollutants for Chemical
Manufacturing Area Sources
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of
reconsideration of final rule.
AGENCY:
On October 29, 2009, the EPA
promulgated national emission
standards for the control of hazardous
air pollutants for nine area source
categories in the chemical
manufacturing sector: Agricultural
Chemicals and Pesticides
Manufacturing, Cyclic Crude and
Intermediate Production, Industrial
Inorganic Chemical Manufacturing,
Industrial Organic Chemical
Manufacturing, Inorganic Pigments
Manufacturing, Miscellaneous Organic
Chemical Manufacturing, Plastic
Materials and Resins Manufacturing,
Pharmaceutical Production and
Synthetic Rubber Manufacturing.
Following that action, the Administrator
received a petition for reconsideration.
In response to the petition, the EPA is
reconsidering and requesting comment
SUMMARY:
E:\FR\FM\30JAP1.SGM
30JAP1
]]>Agencies
[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Proposed Rules]
[Pages 4510-4522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1938]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2010-0255-201116; FRL-9624-2]
Air Quality Implementation Plans; Kentucky; Attainment Plan for
the Kentucky Portion of the Huntington-Ashland 1997 Annual
PM[bdi2].[bdi5] Nonattainment Area
AGENCY: Environmental Protection Agency (EPA or Agency).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a state implementation plan (SIP)
revision submitted by the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality
(DAQ), to EPA on December 3, 2008, for the purpose of providing for
attainment of the 1997 fine particulate matter (PM2.5)
national ambient air quality standards (NAAQS) in the Kentucky portion
of the Huntington-Ashland, West Virginia-Kentucky-Ohio PM2.5
nonattainment area (hereafter referred to as the ``Huntington-Ashland
Area'' or ``Area''). The Huntington-Ashland Area is comprised of Boyd
County and a portion of Lawrence County in Kentucky; Cabell and Wayne
Counties and a portion of Mason County in West Virginia; and Lawrence
and Scioto Counties and portions of Adams and Gallia Counties in Ohio.
The Kentucky plan (hereafter referred to as the ``attainment plan'')
pertains only to the Kentucky portion of the Huntington-Ashland Area.
EPA is now proposing to approve Kentucky's submittal regarding
reasonably available control technology (RACT) and reasonably available
control measures (RACM); reasonable further progress (RFP); base-year
and attainment-year emissions inventories; contingency measures; and,
for transportation conformity purposes, an insignificance determination
for PM2.5 and nitrogen oxides (NOX) for the
mobile source contribution to ambient PM2.5 levels for the
Commonwealth's portion of the Huntington-Ashland Area. This action is
being taken in accordance with the Clean Air Act (CAA or Act) and the
``Clean Air Fine Particle Implementation Rule,'' hereafter referred to
as the ``PM2.5 Implementation Rule,'' issued by EPA on April
25, 2007. The States of West Virginia and Ohio have provided separate
SIP revisions with attainment plans for their portions for the
Huntington-Ashland Area. EPA will act on those SIP revisions in
rulemaking separate from today's rulemaking.
DATES: Written comments must be received on or before February 29,
2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2010-0255 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2010-0255, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through
[[Page 4511]]
Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0255. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joel Huey of the Regulatory
Development Section, in the Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Joel Huey
may be reached by phone at (404) 562-9104, or via electronic mail at
huey.joel@epa.gov
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA proposing to take?
II. What is the background for EPA's proposed action?
A. Designation History
B. Clean Air Fine Particle Implementation Rule
C. Attaining Data Determination and Finding of Attainment
III. What is included in Kentucky's attainment plan submittal?
IV. What is EPA's analysis of Kentucky's attainment plan submittal?
A. Attainment Demonstration
1. Pollutants Addressed
2. Emissions Inventory Requirements
3. Modeling
4. Reasonably Available Control Measures/Reasonably Available
Control Technology (RACM/RACT)
5. Reasonable Further Progress
6. Contingency Measures
7. Attainment Date
B. Insignificance Determination for the Mobile Source
Contribution to PM2.5 and NOX Emissions
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA proposing to take?
EPA is proposing to approve Kentucky's SIP revision, submitted
through the DAQ to EPA on December 3, 2008, for the purpose of
demonstrating attainment of the 1997 Annual PM2.5 NAAQS for
the Kentucky portion of the Huntington-Ashland Area. Kentucky's
PM2.5 attainment plan includes an analysis of RACM/RACT, an
RFP plan, base-year and attainment-year emissions inventories for the
Area, contingency measures, and an insignificance determination for
mobile PM2.5 and NOx emissions for transportation conformity
purposes.
EPA has determined that Kentucky's PM2.5 attainment plan
for the 1997 Annual PM2.5 NAAQS for its portion of the
Huntington-Ashland Area meets applicable requirements of the CAA and
the PM2.5 Implementation Rule. EPA is proposing to approve
Kentucky's attainment plan for the Commonwealth's portion of the
Huntington-Ashland Area, including the insignificance determination for
PM2.5 and NOX for the mobile source contribution
to ambient PM2.5 levels for the Commonwealth's portion of
the Huntington-Ashland Area. EPA's analysis for this proposed action is
discussed in Section IV of this proposed rulemaking.
II. What is the background for EPA's proposed action?
A. Designation History
On July 18, 1997 (62 FR 36852), EPA established the 1997
PM2.5 NAAQS as an annual standard of 15.0 micrograms per
cubic meter ([micro]g/m\3\), based on a 3-year average of annual mean
PM2.5 concentrations, and a 24-hour (or daily) standard of
65 [micro]g/m\3\, based on a 3-year average of the 98th percentile of
24-hour concentrations. EPA established the NAAQS based on significant
evidence and numerous health studies demonstrating that serious health
effects are associated with exposures to PM2.5.
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. EPA and state air quality agencies
initiated the monitoring process for the 1997 PM2.5 NAAQS in
1999 and established a complete set of air quality monitors by January
2001. On January 5, 2005, EPA promulgated initial air quality
designations for the 1997 PM2.5 NAAQS (70 FR 944), which
became effective on April 5, 2005, based on air quality monitoring data
for calendar years 2001-2003.
On April 14, 2005, EPA promulgated a supplemental rule amending the
Agency's initial designations (70 FR 19844) but retaining the original
effective date of April 5, 2005. As a result of that supplemental rule,
PM2.5 nonattainment designations are in effect for 39 areas,
comprising 208 counties within 20 states (and the District of Columbia)
nationwide, with a combined population of about 88 million. The
Kentucky portion of the tri-state WV-KY-OH Huntington-Ashland Area,
which is the subject of this proposed rulemaking, is included in the
list of areas designated nonattainment for the 1997 PM2.5
NAAQS. As mentioned above, the Kentucky portion of the Huntington-
Ashland Area consists of Boyd County in its entirety and a portion of
Lawrence County, Kentucky.
On October 17, 2006, EPA strengthened the 24-hour PM2.5
NAAQS to 35 [micro]g/m\3\ and retained the level of the Annual
PM2.5 NAAQS at 15.0 [micro]g/m\3\.
[[Page 4512]]
See 71 FR 61144. On November 13, 2009, EPA designated areas as either
attainment/unclassifiable, unclassifiable or nonattainment with respect
to the revised 24-Hour PM2.5 NAAQS. See 74 FR 58688. Of
relevance to the proposed rulemaking herein, EPA's November 2009
designation action clarified the designations for the 1997
PM2.5 NAAQS by relabeling the existing designation tables to
specifically identify designations made for the 1997 Annual
PM2.5 NAAQS and those made for the 1997 24-hour
PM2.5 NAAQS (i.e., 65 [micro]g/m\3\).
B. Clean Air Fine Particle Implementation Rule
As noted above, on April 25, 2007, EPA issued the PM2.5
Implementation Rule for the 1997 PM2.5 NAAQS (72 FR 20586).
This rule describes the CAA framework and requirements for developing
SIPs to achieve attainment in areas designated nonattainment for the
1997 PM2.5 NAAQS. Such attainment plans must include a
demonstration that a nonattainment area will meet the applicable NAAQS
within the timeframe provided in the statute. This demonstration must
include modeling that is performed in accordance with 40 CFR 51.112
(Demonstration of adequacy) and Appendix W to part 51 (Guideline on Air
Quality Models) and that is consistent with EPA modeling guidance. See
40 CFR 51.1007. The modeling demonstration should include supporting
technical analyses and descriptions of all relevant adopted Federal,
state, and local regulations and control measures that have been
adopted in order to provide for attainment of the 1997 PM2.5
NAAQS by the proposed attainment date.
For the 1997 PM2.5 NAAQS, an attainment demonstration
must show that a nonattainment area will attain the standards as
expeditiously as practicable, but within five years of designation
(i.e., by an attainment date of no later than April 5, 2010, based on
air quality data for 2007 through 2009). If the area is not expected to
meet the NAAQS by April 5, 2010, a state may request to extend the
attainment date by one to five years based upon the severity of the
nonattainment problem or the feasibility of implementing control
measures in the specific area. CAA section 172(a)(2). For EPA to
approve an extension of the attainment date beyond 2010, the state must
provide an analysis that is consistent with the statutory criteria for
an extension and that demonstrates that the attainment date is as
expeditious as practicable for the area, given the existing facts and
circumstances.
For each nonattainment area, the state (or each state of a multi-
state area) must demonstrate that it has adopted all RACM, including
all RACT, as needed to provide for attainment of the PM2.5
NAAQS in the area ``as expeditiously as practicable.'' The
PM2.5 Implementation Rule provides guidance for making these
RACM/RACT determinations. See discussion in section IV.A.4. below. Any
measures that are necessary to meet these requirements that are not
already federally promulgated or in an EPA-approved part of the SIP
must be submitted as part of a state's attainment plan. Any state
measures in the control strategy must meet the applicable statutory and
regulatory requirements, and, in particular, must be enforceable.
The PM2.5 Implementation Rule also includes guidance on
pollutants that states must address in their attainment plans. Section
302(g) of the CAA authorizes EPA to regulate criteria pollutants and
their precursors. The main chemical precursors associated with fine
particle formation are SO2, NOX, volatile organic
compounds (VOCs), and ammonia. The effect of reducing emissions of
precursor pollutants that contribute to PM2.5 concentrations
varies by area, however, depending upon local PM2.5
composition, emission levels, and other area-specific factors. For this
reason, the PM2.5 Implementation Rule recommends that states
control the direct PM2.5 emissions and the precursor
emissions that would be most effective for attaining the NAAQS within
the specific area, based upon an appropriate technical demonstration.
The PM2.5 Implementation Rule defines direct
PM2.5 emissions as ``solid particles emitted directly from
an air emissions source or activity, or gaseous emissions or liquid
droplets from an air emissions source or activity which condense to
form particulate matter at ambient temperatures. Direct
PM2.5 emissions include elemental carbon, directly emitted
organic carbon, directly emitted sulfate, directly emitted nitrate, and
other inorganic particles (including but not limited to crustal
material, metals, and sea salt).'' 40 CFR 51.1000.
The PM2.5 Implementation Rule requires states to
identify and evaluate sources of PM2.5 direct emissions and
PM2.5 attainment plan precursors. 40 CFR 51.1002(c). The
rule requires states to address SO2 as a PM2.5
attainment plan precursor and to evaluate SO2 for possible
control measures in all PM2.5 nonattainment areas. States
are also required to address and evaluate reasonable controls for
NOX as a PM2.5 attainment plan precursor unless
the state and EPA make a finding that NOX emissions from
sources in the state do not significantly contribute to
PM2.5 concentrations in the relevant nonattainment area.
Although current scientific information shows that certain VOC
emissions are precursors to the formation of secondary organic aerosol,
and significant progress has been made in understanding the role of
gaseous organic material in the formation of organic PM, this
relationship remains complex. Further research and technical tools are
needed to better characterize emissions inventories for specific VOCs
and to determine the extent of the contribution of specific VOCs to
organic PM mass. Because of these factors, the PM2.5
Implementation Rule does not require states to address or evaluate
controls for VOCs as PM2.5 attainment plan precursors unless
the state or EPA makes a finding that VOC emissions from sources in the
state significantly contribute to PM2.5 concentrations in
the relevant nonattainment area.
The PM2.5 Implementation Rule describes the formation of
particles related to ammonia emissions, which is a complex, nonlinear
process. Though recent studies have improved our understanding of the
role of ammonia in aerosol formation, further research is needed to
better describe the relationship between ammonia emissions and
particulate matter concentrations and the related impacts. Also, area-
specific data is needed to evaluate the effectiveness of reducing
ammonia emissions in reducing PM2.5 concentrations in
different areas and to determine where ammonia decreases may increase
the acidity of particles and precipitation. For these reasons, the
PM2.5 Implementation Rule does not require states to address
or evaluate controls for ammonia as PM2.5 attainment plan
precursors unless the state or EPA makes a finding that ammonia
emissions from sources in the state significantly contribute to
PM2.5 concentrations in the relevant nonattainment area.
The presumptive inclusion of NOX and the presumptive
exclusion of VOCs and ammonia as attainment plan precursors can be
reversed based on an acceptable technical demonstration for a
particular nonattainment area by the state or EPA. The state must
demonstrate that, based on the sum of available technical and
scientific information, it would be appropriate for a nonattainment
area to reverse the presumptive approach for a particular precursor.
Such a demonstration should include information from multiple
[[Page 4513]]
sources, such as results of speciation data analyses, air-quality
modeling studies, chemical-tracer studies, emissions inventories, or
special intensive measurement studies to evaluate specific atmospheric
chemistry in an area. See PM2.5 Implementation Rule, 72 FR
20596.
The PM2.5 Implementation Rule also provides guidance for
the other elements of a state's attainment plan, including, but not
limited to, emissions inventories, contingency measures, and motor-
vehicle emissions budgets used for transportation conformity purposes.
There are, however, three aspects of the preamble to the
PM2.5 Implementation Rule for which EPA received petitions
requesting reconsideration. The specific guidance elements identified
by petitioners pertain to the presumption or advance determination that
compliance with the requirements of the Clean Air Interstate Rule
(CAIR) automatically satisfies the requirements for RACT or RACM for
NOX or SO2 emissions from electric generating
unit (EGU) sources participating in regional cap and trade programs
(See PM2.5 Implementation Rule, section II.F.7.); the
suggestion that the economic feasibility element of a RACT
determination should include consideration of whether the cost of a
measure is reasonable in light of the benefits (See PM2.5
Implementation Rule, section II.F.5.); and the policy of allowing
certain emissions reductions from outside the nonattainment area to be
credited as meeting the RFP requirement (See PM2.5
Implementation Rule, section II.G.5.). EPA has granted these petitions
and intends to propose rulemaking to change these aspects of the
PM2.5 Implementation Rule. However, EPA's evaluation of the
attainment plan for the Huntington-Ashland Area is not impacted by its
reconsideration of any of these aspects of the PM2.5
Implementation Rule because the plan does not rely upon them.
C. Attaining Data Determination and Finding of Attainment
On September 7, 2011, EPA determined that the Huntington-Ashland
Area had attaining data for the 1997 Annual PM2.5 NAAQS. 76
FR 55542. That determination was based on quality-assured, quality
controlled and certified ambient air monitoring data that shows the
area met the 1997 Annual PM2.5 NAAQS. Furthermore, in
accordance with CAA 179(c), EPA determined in the same notice that the
Huntington-Ashland Area attained the 1997 Annual PM2.5 NAAQS
by its applicable attainment date of April 5, 2010. This information is
mentioned here in support of EPA's determination that Kentucky's
attainment plan was sufficient to bring the Huntington-Ashland Area
into attainment no later than the required attainment date of April 5,
2010.
III. What is included in Kentucky's attainment plan submittal?
Kentucky's PM2.5 attainment plan submittal covers the
Kentucky portion of the Huntington-Ashland Annual PM2.5
nonattainment area, which is the only portion for which the
Commonwealth has jurisdiction. Today's action regards only the Kentucky
portion of the Huntington-Ashland Area. However, the modeling analysis
provided with Kentucky's attainment plan documentation includes
modeling results for the entire tri-state Area and the results of Ohio
and West Virginia's demonstrations for their portions of the Area, for
which the conclusions of attainment are consistent with that of
Kentucky's.
In accordance with section 172(c) of the CAA and the
PM2.5 Implementation Rule, the attainment plan submitted by
the DAQ for the Kentucky portion of the Huntington-Ashland Area
includes (1) emissions inventories for the plan's base year (2002) and
attainment year (2009); (2) an attainment demonstration; and (3) an
insignificance finding for the mobile source contribution of
PM2.5 and NOX. The attainment demonstration
includes: (a) technical analyses that locate, identify, and quantify
sources of emissions contributing to violations of the 1997 Annual
PM2.5 NAAQS; (b) analyses of future-year emissions
reductions and air quality improvements expected to result from
national and local programs; adopted emission reduction measures with
schedules for implementation; and contingency measures required under
section 172(c)(9) of the CAA. See 72 FR 20605.
To analyze future-year emission reductions and air quality
improvements, Kentucky used regional modeling analyses developed
through the Association for Southeastern Integrated Planning (ASIP).
The ASIP was a collaborative modeling and technical analysis effort
among the states of Kentucky, Alabama, Florida, Georgia, Mississippi,
North Carolina, South Carolina, Tennessee, Virginia and West Virginia
to develop a regional assessment of the controls needed to achieve
attainment of the 1997 PM2.5 NAAQS and the 2006 8-hour ozone
NAAQS. This regional modeling was performed in accordance with EPA's
``Guidance on the Use of Models and Other Analyses for Demonstrating
Attainment of Air Quality Goals for Ozone, PM2.5, and
Regional Haze'' (EPA-454/B-07-002, April 2007) (hereafter referred to
as ``EPA's Modeling Guidance'').
IV. What is EPA's analysis of Kentucky's attainment plan submittal?
A. Attainment Demonstration
Consistent with CAA requirements (see, e.g., section 172), and 40
CFR 51.1007, an attainment demonstration for a PM2.5
nonattainment area must include a showing that the area will attain the
annual and 24-hour standards as expeditiously as practicable. The
demonstration must also meet the requirements of 40 CFR 51.112 and Part
51, Appendix W, and include inventory data, modeling results, and
emissions reduction analyses on which the state has based its projected
attainment. In the case of the Huntington-Ashland Area, the Area has
already attained the standard. Thus, EPA is now proposing to determine
that the attainment demonstration submitted by the Commonwealth was
sufficient, and EPA is taking action to approve individual components
that are necessary for the continued attainment and maintenance of the
Area.
1. Pollutants Addressed
As discussed in section II.B. above, the PM2.5
Implementation Rule requires states to identify and evaluate sources of
PM2.5 direct emissions and PM2.5 attainment plan
precursors. The rule provides that SO2 is a PM2.5
attainment plan precursor in all areas. The rule also sets forth the
rebuttable presumptions that NOX is a PM2.5
attainment plan precursor in all areas and that ammonia and VOCs are
not PM2.5 attainment plan precursors. Neither Kentucky nor
the EPA has found reason to reverse these presumptions for the
Huntington-Ashland Area. Accordingly, Kentucky's PM2.5
attainment plan evaluates emissions of direct PM2.5,
SO2, and NOX in the Kentucky portion of the
Huntington-Ashland Area.
2. Emissions Inventory Requirements
States are required under section 172(c)(3) of the CAA to develop
comprehensive, accurate and current emissions inventories of all
sources of the relevant pollutant or pollutants in the area. These
inventories provide a detailed accounting of all emissions and
emissions sources by precursor or pollutant. In addition, inventories
are used in air quality modeling to demonstrate that attainment of the
1997 PM2.5 NAAQS is as expeditious as
[[Page 4514]]
practicable and, if an attainment date extension beyond 2010 is needed,
to support the need for such an extension. Emissions inventory guidance
was provided in the April 1999 document, ``Emissions Inventory Guidance
for Implementation of Ozone and Particulate Matter NAAQS and Regional
Haze Regulations,'' (EPA-454/R-99-006), which was updated in November
2005 (EPA-454/R-05-001) (hereafter referred to as ``EPA's Emissions
Inventory Guidance''). Emissions reporting requirements were provided
in the 2002 Consolidated Emissions Reporting Rule (CERR) (67 FR 39602).
On December 17, 2008 (73 FR 76539), EPA promulgated the Air Emissions
Reporting Requirements (AERR) to update emissions reporting
requirements in the CERR and to harmonize, consolidate and simplify
data reporting by states.
In accordance with the CERR and EPA's Emissions Inventory Guidance,
the PM2.5 Implementation Rule requires states to submit
inventory information on directly emitted PM2.5 and
PM2.5 precursors and any additional inventory information
needed to support an attainment demonstration and (where applicable) an
RFP plan.
PM2.5 is comprised of filterable and condensable
emissions. Condensable particulate matter (CPM) can comprise a
significant percentage of direct PM2.5 emissions from
certain sources and are required to be included in national emissions
inventories based on emission factors. Test Methods 201A and 202 are
available for source-specific measurement of condensable emissions.
However, the PM2.5 Implementation Rule notes that there were
issues raised by commenters related to availability and implementation
of these test methods as well as uncertainties in existing data for
condensable PM2.5. EPA established a transition period
during which EPA could assess possible revisions to available test
methods and to allow time for states to update emissions inventories as
needed to address direct PM2.5, including condensable
emissions. Because of the time required for this assessment, EPA
recognized that states would be limited in how to effectively address
CPM emissions and established a period of transition, up to January 1,
2011, during which state submissions for PM2.5 were not
required to address CPM emissions. Amendments to these test methods
were proposed on March 25, 2009 (74 FR 12969), and finalized on
December 21, 2010 (75 FR 80118). The amendments to Method 201A added a
particle-sizing device for PM2.5 sampling, and the
amendments to Method 202 revised the sample collection and recovery
procedures of the method to reduce the formation of reaction artifacts
that could lead to inaccurate measurements of CPM emissions.
The period of transition for establishing emissions limits for
condensable direct PM2.5 ended on January 1, 2011.
PM2.5 submissions made during the transition period are not
required to address CPM emissions, however, states must address the
control of direct PM2.5 emissions, including condensable
emissions, with any new action taken after January 1, 2011. Kentucky
submitted the Huntington-Ashland Area attainment plan prior to January
1, 2011, and did not consider CPM in addressing the control of
PM2.5 emissions.
In July 2008, EarthJustice filed a petition requesting
reconsideration of EPA's transition period for CPM emissions provided
in the PM2.5 Implementation Rule. In January 2009, EPA
decided to allow states that have not previously addressed CPM to
continue to exclude CPM for PSD permitting during the transition
period. Today's action reflects a review of Kentucky's submittal based
on current EPA guidance as described in the PM2.5
Implementation Rule.
The 172(c)(3) emissions inventory is developed by the incorporation
of data from multiple sources. States were required to develop and
submit to EPA a triennial emissions inventory according to the CERR for
all source categories (i.e., point, area, nonroad mobile and on-road
mobile). This inventory often forms the basis of data that are updated
with more recent information and data that also is used in their
attainment demonstration modeling inventory. Such was the case in the
development of the 2002 emissions inventory that was submitted in the
Commonwealth's attainment SIP for this Area. The 2002 emissions
inventory was based on data developed with Visibility Improvement State
and Tribal Association of the Southeast (VISTAS) contractors for the
same ten states of the ASIP effort and submitted by the states to the
2002 National Emissions Inventory. Several iterations of the 2002
inventories were developed for the different emissions source
categories resulting from revisions and updates to the data. This
resulted in the use of version G2 of the updated data to represent the
point sources' emissions. Data from many databases, studies and models
(e.g., vehicle miles traveled, fuel programs, the NONROAD 2002 model
data for commercial marine vessels, locomotives and Clean Air Market
Division, etc.) resulted in the inventory submitted in this SIP. The
data were developed according to EPA's Emissions Inventory Guidance and
a quality assurance project plan that was developed through VISTAS and
approved by EPA. EPA agrees that the process used to develop this
inventory was adequate to meet the requirements of the CAA, e.g., CAA
section 172(c)(3), and the implementing regulations.
Tables 1-5 below show the level of emissions in the Kentucky
portion of the Huntington-Ashland Area for 2002 by pollutant, county,
and emissions source category. The point, area, and nonroad values for
Lawrence County in the December 8, 2008, submittal were for the entire
county, not just the census block that EPA designated as nonattainment.
On May 26, 2011, at the request of EPA, the Commonwealth submitted
updated tables to include information on point source emissions from
the designated census block and population based apportionment of the
area and nonroad sectors to support the mobile source insignificance
finding discussed further in Section IV.B. below. A copy of the May 26,
2011, clarification letter and updated tables can be found in the
docket for this proposed action (EPA-R02-OAR-2010-0255) on the
www.regulations.gov Web site. EPA is proposing to approve the emissions
inventory for the Kentucky portion of the Huntington-Ashland Area as
meeting the requirements of Section 172(c)(3) of the CAA.
Table 1--Base and Attainment Year VOC Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
VOC (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 3083 3259 98 119 3181 3378
Area........................................ 780 775 374 357 1154 1132
[[Page 4515]]
Mobile...................................... 991 613 409 269 1400 882
Nonroad..................................... 312 256 223 271 535 527
-----------------------------------------------------------------------------------------------------------
Total................................... 5166 4903 1104 1016 6270 5919
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Base and Attainment Year NOX Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
NOX (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 7046 7281 17129 5730 24175 13011
Area........................................ 40 46 87 93 127 139
Mobile...................................... 1213 774 785 528 1998 1302
Nonroad..................................... 3319 3107 726 664 4045 3771
-----------------------------------------------------------------------------------------------------------
Total................................... 11618 11208 18727 7015 30345 18223
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Base and Attainment Year SO2 Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
SO2 (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 9711 10432 48874 47739 58585 58171
Area........................................ 542 578 96 102 638 680
Mobile...................................... 54 6 30 4 84 10
Nonroad..................................... 482 380 85 52 567 432
-----------------------------------------------------------------------------------------------------------
Total................................... 10789 11396 49085 47897 59874 59293
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Base and Attainment Year PM2.5 Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
PM2.5 (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 1256 1255 335 413 1591 1668
Area........................................ 712 748 216 219 928 967
Mobile...................................... 21 15 14 10 35 25
Nonroad..................................... 131 121 30 28 161 149
-----------------------------------------------------------------------------------------------------------
Total................................... 2120 2139 595 670 2715 2809
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--Base and Attainment Year Ammonia Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd County Lawrence County KY portion total
Ammonia (tpy) -----------------------------------------------------------------------------------------------------------
2002 2009 2002 2009 2002 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................... 336 378 31 44 367 422
Area........................................ 38 38 28 28 66 66
Mobile...................................... 44 53 20 26 64 79
Nonroad..................................... 0 0 0 0 0 0
-----------------------------------------------------------------------------------------------------------
Total................................... 418 469 79 98 497 567
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA has reviewed Kentucky's emissions inventory and finds that it
is adequate for the purposes of meeting section 172(c)(3) emissions
inventory requirement. The emissions inventory is approvable because
the emissions were
[[Page 4516]]
developed consistent with the CAA, implementing regulations and EPA
guidance for emissions inventories. Additional emissions inventory
information, including summary tables for the Ohio and West Virginia
portions of the Huntington-Ashland Area, are included in Appendix E of
Kentucky's attainment SIP and are located in the docket for this
proposed action (EPA-R02-OAR-2010-0255) on the www.regulations.gov Web
site.
3. Modeling
The PM2.5 attainment demonstrations must include
modeling that should be developed in accordance with EPA's Modeling
Guidance. A brief description of the modeling used to support
Kentucky's attainment demonstration follows. More detailed information
can be found in Kentucky's December 3, 2010, SIP revision in the docket
for this proposed action (EPA-R02-OAR-2010-0255) on the
www.regulations.gov Web site.
Ambient PM2.5 typically includes both primary (directly
emitted) PM2.5 and secondary PM2.5 (e.g.,
sulfates and nitrates formed by chemical reactions in the atmosphere).
Some of the physicochemical processes leading to the formation of
secondary PM2.5 may take hours or days, as may some of the
removal processes. Thus, some sources of secondary PM2.5 may
be sources outside of the nonattainment area. To model a sufficient
geographic area to take these processes into account, Kentucky'
regional modeling domain covered an area slightly greater than the
geographical area of the VISTAS/ASIP states in this attainment
demonstration.
Kentucky, through the ASIP and VISTAS, conducted an analysis of the
major contributing components of PM2.5 in the Kentucky
portion of the Huntington-Ashland Area. Specifically, organic carbon
(OC) and sulfuric acid (SO4) account for the largest
contributions. The majority of OC can be attributed to biogenic
emissions and SO4 to emissions of SO2.
SO2 emissions are primarily associated with the point source
sector, accounting for approximately 98 percent of the SO2
emission in the Huntington-Ashland Area. Emissions sensitivity modeling
for the Huntington-Ashland Area indicated that SO2 emissions
reductions from EGUs in Kentucky, Tennessee, and West Virginia would
have the greatest benefits for the Area. The VISTAS modeling also
projects limited benefits to total PM2.5 emissions from
reductions of NOX. The modeling performed by VISTAS showed
that reductions of primary carbon from the mobile sector were more
effective than reductions of either VOCs or NOX from mobile
sources. EPA agrees with Kentucky's assertion that controlling
SO2 from point sources is the most effective means of
addressing attainment of the 1997 Annual PM2.5 NAAQS in the
Huntington-Ashland Area.
Model Selection and Inputs
The ASIP performed modeling for ozone and PM2.5 for the
10 collaborating southeastern states, including Kentucky. The modeling
analysis is a complex technical evaluation that began with selection of
the modeling system. The ASIP and/or VISTAS used the following modeling
system:
Meteorological Model: The Pennsylvania State University/
National Center for Atmospheric Research Mesoscale Meteorological Model
is a nonhydrostatic, prognostic meteorological model routinely used for
urban- and regional-scale photochemical, ozone, PM2.5, and
regional haze regulatory modeling studies.
Emissions Model: The Sparse Matrix Operator Kernel
Emissions modeling system is an emissions modeling system that
generates hourly gridded speciated emission inputs of mobile, non-road
mobile, area, point, fire and biogenic emission sources for
photochemical grid models.
Air Quality Model: The EPA's Models-3/Community Multiscale
Air Quality (CMAQ) modeling system is a photochemical grid model
capable of addressing ozone, PM, visibility and acid deposition at a
regional scale. The photochemical model selected for this study was
CMAQ version 4.5. It was modified through VISTAS with a module for
Secondary Organics Aerosols in an open and transparent manner that was
also subjected to outside peer review.
CMAQ modeling of regional haze in the VISTAS region for 2002 and
2009 was carried out on a grid of 12 x 12 kilometer cells that covers
the ten VISTAS states and states adjacent to them. This grid is nested
within a larger national CMAQ modeling grid of 36 x 36 kilometer grid
cells that covers the continental United States, portions of Canada and
Mexico, and portions of the Atlantic and Pacific Oceans along the east
and west coasts. Selection of a representative period of meteorology is
crucial for evaluating baseline air quality conditions and projecting
future changes in air quality due to changes in emissions of
visibility-impairing pollutants. VISTAS conducted an in-depth analysis
which resulted in the selection of the entire calendar year of 2002 as
the best period of meteorology available for conducting the CMAQ
modeling. As noted above, the VISTAS and ASIP states modeling was
developed consistent with EPA's Emissions Inventory Guidance and EPA's
Modeling Guidance.
VISTAS examined the model performance of the regional modeling for
the areas of interest before determining whether the CMAQ model results
were suitable for use in the assessment of an attainment of the
PM2.5 NAAQS and for use in the modeling assessment. The
modeling assessment predicts future levels of emissions and visibility
impairment used to support the 2009 PM2.5 control strategy.
In keeping with the objective of the CMAQ modeling platform, the air
quality model performance was evaluated using graphical and statistical
assessments based on measured ozone, fine particles, and acid
deposition from various monitoring networks and databases for the 2002
base year. A diverse set of statistical parameters from the EPA's
Modeling Guidance was used to stress and examine the model and modeling
inputs. Once the model performance of the 2002 base year was determined
to be acceptable, the EPA model attainment test was used to assess
whether attainment of the PM2.5 NAAQS would be achieved in
2009. The DAQ provided the appropriate supporting documentation for all
required analyses used to determine Kentucky's control strategy. The
technical analyses and modeling used to assess attainment in 2009 for
the Area is consistent with the CAA, EPA's PM2.5
Implementation Rule and EPA's Modeling Guidance. EPA accepts the VISTAS
and ASIP technical modeling to support the attainment SIP for the Area
because the modeling system was chosen and simulated according to EPA's
Modeling Guidance. For purposes of the Huntington-Ashland attainment
demonstration, EPA agrees with the VISTAS model performance procedures
and results, and that the CMAQ is an appropriate tool for the
assessment of PM2.5 for the Kentucky attainment
demonstration for this Area. Additional details on the ASIP and VISTAS
modeling is included in the Kentucky SIP.
Modeling Results
The modeling results were used in a relative sense in concert with
observed PM2.5 air quality data (i.e., taking the ratio of
future to present model predicted air quality and multiplying it times
an ``ambient design value''). The ambient design value is an average of
the three current design values (i.e., 2001, 2002, and 2003) that
straddle the modeling base year (i.e., 2002). EPA
[[Page 4517]]
recommends using the average of the three design value periods which
include the baseline inventory year. This average design value best
represents the baseline concentrations, while taking into account the
variability of meteorology and emissions (over a five-year period).
This EPA attainment test approach should reduce some of the uncertainty
involved with using absolute model predictions alone. Using the model
in a relative sense also reduces the effects of uneven model
performance and possible major biases in predicting absolute
concentrations of one or more components. The ratio of future to
present model predicted air quality resulted in relative reduction
factors (RRF). The multiplication of the RRF by an ambient design value
from the base year (i.e., 2002) provided estimates of future design
values to determine if monitors and areas with monitors in the
nonattainment area will comply with the annual PM2.5 NAAQS.
EPA provided guidance to states and tribes for projecting
PM2.5 concentrations using a ``speciated modeled attainment
test'' (SMAT) (EPA-454/B-07-002, April 2007). Once modeling for a
projection year and a base year are complete, RRFs are computed for
each component of PM2.5 in the modeling domain. Modeling by
Kentucky to assess attainment in the entire Huntington-Ashland Area
used the following components of PM2.5: SO4,
NO3, directly emitted organic particles, and directly
emitted inorganic particles. Ammonia is treated as part of
SO4 and NO3 molecules, and water is assumed to be
present at a constant mass in both the base year and projection year.
For each monitoring location, the RRF for a component is computed as
the ratio of the projection year divided by the base year modeled
concentration for a three-by-three array of modeled grid cells centered
on the monitoring location.
Projection year component concentrations are estimated by
multiplying the RRFs times a monitoring based base year component
concentration, determined by applying measured speciation data to the
monitored total PM2.5 design concentration. The sum of these
estimated projection year component concentrations is the estimated
projection year PM2.5 concentration. If future estimates of
PM2.5 concentrations are less than the 1997 PM2.5
NAAQS, then the modeling indicates attainment of the standard.
PM2.5 includes a mixture of components that can behave
independently from one another (e.g., primary vs. secondary particles)
or that are related to one another in a complex way (e.g., different
secondary particles). Thus, it is appropriate to consider the predicted
future concentration of PM2.5 to be the sum of the predicted
component concentrations. See 72 FR 20608. As recommended in EPA's
Modeling Guidance, Kentucky divided PM2.5 into its major
components and noted the future effects of already implemented
strategies on each. The effect on PM2.5 was estimated as a
sum of the effects on individual components. Future PM2.5
design values at specified monitoring sites were estimated by adding
the future-year values of seven PM2.5 components. All future
site-specific PM2.5 design values were below the
concentration specified in the NAAQS; therefore, the Huntington-Ashland
Area passed the SMAT evaluation.
EPA has also developed a software package called Modeled Attainment
Test Software (MATS) which will spatially interpolate data, adjust the
spatial fields based on model output gradients and multiply the fields
by model calculated RRFs. EPA recommended that the Commonwealth provide
MATS attainment test values for 2009 since the tool became available
soon after Kentucky had drafted its attainment demonstration. The 2009
MATS values for the entire Huntington-Ashland Area also indicate
attainment of the annual PM2.5 NAAQS in 2009. Table 7
illustrates the current (2002 DVC) and future (2009 DVF) annual design
values for 2009 for the monitors in the nonattainment area.
Table 7--2002 Current and 2009 Predicted Annual PM2.5 Design Values ([mu]g/m3)
----------------------------------------------------------------------------------------------------------------
Site No. State County 2002 Annual DVC 2009 Annual DVF
----------------------------------------------------------------------------------------------------------------
21-019-0017......................... KY Boyd................... 14.9 12.6
39-087-0010......................... OH Lawrence............... 15.7 13.7
39-145-0013......................... OH Scioto................. 17.1 14.7
54-011-0006......................... WV Cabell................. 16.5 14.4
----------------------------------------------------------------------------------------------------------------
Additional Analysis
Kentucky provided supplemental analysis to further support results
from the modeled attainment tests. As a first step, Kentucky noted that
the modeled attainment tests supported a conclusion that the proposed
strategy will meet the air quality goals by the attainment year. As
noted in section 7 of EPA's Modeling Guidance, corroboratory analyses
should be used to help assess whether a simulated control strategy is
sufficient to meet the NAAQS. One of the metrics identified in the
guidance is the calculations of the percent change in the number of
grid cells greater than or equal to 15.0 [micro]g/m\3\ in the
nonattainment area. For Kentucky's analysis, cell counts of modeling
data were tallied for both the 2002 baseline and 2009 attainment year
modeling runs for a subset of the highest days from the base year and
which coincide with the 29 days used in the model performance
evaluation and modeling results discussed previously. The analysis
indicates a 10 percent increase in the number of cells representing
days with concentrations below 15.0 [mu]g/m\3\.
Kentucky conducted an additional unmonitored area analysis to
ensure that a control strategy leads to reductions in PM2.5
at other locations which could have baseline (and future) design values
exceeding the NAAQS were a monitor deployed there. Consistent with
EPA's Modeling Guidance, the ASIP determined the 2002 current year and
2009 projected PM2.5 design values in the Huntington-Ashland
Area using the 2002 typical and 2009 BaseG4 CMAQ 12 km modeling
results. Appendix L of the Commonwealth's submittal contains maps which
illustrate that the MATS projections for the unmonitored areas in
Kentucky and the entire Huntington-Ashland Area will be below the
PM2.5 NAAQS by 2009.
EPA Analysis
Kentucky's PM2.5 attainment demonstration submittal
covers only the portion of the Huntington-Ashland Area for which
Commonwealth has jurisdiction (Boyd County and a portion of Lawrence
County). However, the modeling results for the West Virginia and Ohio
portions of the Area reach conclusions of attainment which are
[[Page 4518]]
consistent with that of Kentucky. The technical analyses and modeling
to assess attainment of the entire nonattainment Area were developed
consistent with EPA's Modeling Guidance. The modeling system was chosen
and simulated to develop a model performance evaluation of the
nonattainment area to provide the necessary assurances and results that
an assessment of future controls for attainment is merited. Application
of the EPA modeled attainment test and the MATS indicated future design
values that are less than 15.0 [mu]g/m\3\ and consistent with
attainment of the 1997 Annual PM2.5 NAAQS. The additional
analyses based on other regional modeling studies, including EPA and
the Midwest RPO, support the modeling results developed by the ASIP and
Kentucky. Finally, the area's status as having attained the standard
further supports the modeling results.
Current Air Quality Analysis
As noted in section II.C. above, on September 7, 2011, EPA
determined that the Huntington-Ashland Area had attaining data for the
1997 Annual PM2.5 NAAQS based upon data for the 3-year
period 2007-2009, with a design value (i.e., the highest 3-year average
of annual mean PM2.5 concentrations) of 14.3 [mu]g/m\3\. In
that same notice EPA noted that the Area also had attaining data for
the 3-year period 2008-2010, with a design value of 13.1 [mu]g/m\3\.
These data, which have been quality-assured, certified, and recorded in
EPA's Air Quality System (AQS), are summarized in Tables 8 and 9 below.
In addition, monitoring data thus far available, but not yet certified,
in the AQS database for 2011 show that this Area continues to meet the
1997 Annual PM2.5 NAAQS. The continuing decrease in
PM2.5 concentrations in the Area supports Kentucky's
determination that current measures were sufficient to bring the Area
into attainment by no later than the required attainment date of April
5, 2010.
---------------------------------------------------------------------------
\1\ West Virginia has a collocated monitor in place at the same
site for quality assurance purposes. The primary monitor, and not
the collocated monitor, is used to determine compliance with the
PM2.5 NAAQS. Since the collocated monitor takes fewer
readings than the primary monitor, its average annual values may be
unrepresentatively high. (See 40 CFR Part 50, Appendix N, 3(d)(1).)
\2\ The LCH Site was shut-down in February 2008. The Ironton DOT
site began operation on the same day the LCH Site ceased monitoring.
\3\ The Ironton DOT site did not begin operation until February
2008.
\4\ The Ironton DOT site began operation in February 2008 and
thus did collect 75 percent for the first quarter of 2008. However,
this was a new site and monitoring data did meet 75 percent
completeness for the remainder of the quarter and for the subsequent
quarters. As such, EPA does not consider the first quarter data to
be incomplete.
Table 8--2007-2009 Annual Average Concentrations in the Huntington-Ashland Area
----------------------------------------------------------------------------------------------------------------
Annual average
Site name County Site No. concentration
([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Huntington............................. Cabell, WV............... 54-011-0006.............. \1\ 14.3
Ashland Primary (FIVCO)................ Boyd, KY................. 21-019-0017.............. 12.4
Lawrence County Hospital............... Lawrence, OH............. 39-087-0010.............. \2\ 13.3
Ironton Department of Transportation Lawrence, OH............. 39-087-0012.............. 12.2
(DOT) \3\.
----------------------------------------------------------------------------------------------------------------
Table 9--2008-2010 Annual Average Concentrations in the Huntington-Ashland Area
----------------------------------------------------------------------------------------------------------------
Annual average
Site name County Site No. concentration
([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Huntington............................. Campbell................. 54-011-0006.............. 13.1
Ashland Primary (FIVCO)................ Boyd..................... 21-019-0017.............. 11.4
Ironton DOT \4\........................ Lawrence................. 39-087-0012.............. 12.2
----------------------------------------------------------------------------------------------------------------
4. Reasonably Available Control Measures/Reasonably Available Control
Technology (RACM/RACT)
a. Requirements for RACM/RACT
CAA section 172(c)(1) requires that each attainment plan ``provide
for the implementation of all reasonably available control measures as
expeditiously as practicable (including such reductions in emissions
from the existing sources in the area as may be obtained through the
adoption, at a minimum, of reasonably available control technology),
and shall provide for attainment of the national primary ambient air
quality standards.'' EPA interprets RACM, including RACT, under section
172 as measures that a state finds are both reasonably available and
contribute to attainment as expeditiously are practicable in the
nonattainment area. 40 CFR 51.1010; 72 FR 20586, 20612.
