Air Plan Approval and Designation of Areas; KY; Redesignation of the Kentucky Portion of the Cincinnati-Hamilton 2008 8-Hour Ozone Nonattainment Area to Attainment, 20297-20310 [2017-08643]
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Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2016–0601; FRL–9961–32–
Region 4]
Air Plan Approval and Designation of
Areas; KY; Redesignation of the
Kentucky Portion of the CincinnatiHamilton 2008 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
On August 26, 2016, the
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet, Division for Air Quality (DAQ),
submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the Kentucky portion of
the tri-state Cincinnati-Hamilton, OhioKentucky-Indiana 2008 8-hour ozone
nonattainment area (hereinafter referred
to as the ‘‘Cincinnati-Hamilton, OH-KYIN Area’’ or ‘‘Area’’) to attainment for
the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) and to approve the portions of
the State Implementation Plan (SIP)
revision containing a maintenance plan
and base year emissions inventory for
the Area. EPA is proposing to approve
the Commonwealth’s base year
emissions inventory for the Kentucky
portion of the Area; to approve the
Commonwealth’s plan for maintaining
attainment of the 2008 8-hour ozone
NAAQS in the Area, including motor
vehicle emission budgets (MVEBs) for
nitrogen oxides (NOx) and volatile
organic compounds (VOC) for the years
2020 and 2030 for the Kentucky portion
of the Area; and to redesignate the
Kentucky portion of the Area to
attainment for the 2008 8-hour ozone
NAAQS. Through separate actions, EPA
has approved the redesignation request
and maintenance plan for the Ohio
portion of the Area and has proposed to
approve the redesignation request and
maintenance plan for the Indiana
portion of the Area.
DATES: Comments must be received on
or before May 31, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0601 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
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SUMMARY:
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Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Richard
Wong may be reached by phone at (404)
562–8726 or via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the actions EPA is proposing to
take?
II. What is the background for EPA’s
proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA’s analysis of the
redesignation request and August 26,
2016, SIP submission?
VI. What is EPA’s analysis of Kentucky’s
proposed NOX and VOC MVEBs for the
Kentucky portion of the area?
VII. What is the status of EPA’s adequacy
determination for the proposed NOX and
VOC MVEBs for the Kentucky portion of
the area?
VIII. What is the effect of EPA’s proposed
actions?
IX. Proposed actions
X. Statutory and executive order reviews
I. What are the actions EPA is
proposing to take?
EPA is proposing to take the following
three separate, but related, actions: (1)
To approve the base year emissions
inventory for the 2008 8-hour ozone
NAAQS for the Kentucky portion of the
Area and incorporate it into the
Kentucky SIP; (2) to approve Kentucky’s
plan for maintaining the 2008 8-hour
ozone NAAQS (maintenance plan),
including the associated MVEBs for the
Kentucky portion of the Area, and
incorporate it into the SIP; and (3) to
redesignate the Kentucky portion of the
Area to attainment for the 2008 8-hour
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20297
ozone NAAQS. The CincinnatiHamilton, OH-KY-IN Area is composed
of portions of Boone, Campbell, and
Kenton Counties in Kentucky; Butler,
Clermont, Clinton, Hamilton, and
Warren Counties in Ohio; and a portion
of Dearborn County in Indiana. These
proposed actions are summarized below
and described in greater detail
throughout this notice of proposed
rulemaking.
Based on the 2008 8-hour ozone
NAAQS nonattainment designation for
the Area, Kentucky was required to
develop a nonattainment SIP revision
addressing certain CAA requirements.
Among other things, the Commonwealth
was required to submit a SIP revision
addressing base year emissions
inventory requirements pursuant to
CAA section 182(a)(1) for its portion of
the Area. EPA is proposing to approve
Kentucky’s 2011 base year inventory as
satisfying section 182(a)(1).
EPA is also proposing to approve
Kentucky’s maintenance plan for its
portion of the Area as meeting the
requirements of section 175A (such
approval being one of the Clean Air Act
(CAA or Act) criteria for redesignation
to attainment status). The maintenance
plan is designed to keep the Area in
attainment of the 2008 8-hour ozone
NAAQS through 2030. The maintenance
plan includes 2020 and 2030 MVEBs for
NOx and VOC for the Kentucky portion
of the Area for transportation
conformity purposes. EPA is proposing
to approve these MVEBs and
incorporate them into the Kentucky SIP.
EPA also proposes to determine that
the Kentucky portion of the Area has
met the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
Accordingly, in this action, EPA is
proposing to approve a request to
change the legal designation of the
portions of Boone, Campbell, and
Kenton Counties within the Kentucky
portion of the Area, as found at 40 CFR
part 81, from nonattainment to
attainment for the 2008 8-hour ozone
NAAQS.
EPA is also notifying the public of the
status of EPA’s adequacy process for the
MVEBs for the Kentucky portion of the
Area. The Adequacy comment period
began on December 6, 2016, with EPA’s
posting of the availability of Kentucky’s
submissions on EPA’s Adequacy Web
site (https://www.epa.gov/state-andlocal-transportation/stateimplementation-plans-sip-submissionscurrently-under-epa#cincinnatihamilton-(KY)). The Adequacy
comment period for these MVEBs closed
on January 5, 2017. No comments,
adverse or otherwise, were received
during the Adequacy comment period.
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Please see section VII of this proposed
rulemaking for further explanation of
this process and for more details on the
MVEBs.
In summary, today’s notice of
proposed rulemaking is in response to
Kentucky’s August 26, 2016,
redesignation request and associated SIP
submission that address the specific
issues summarized above and the
necessary elements described in section
107(d)(3)(E) of the CAA for
redesignation of the Kentucky portion of
the Cincinnati-Hamilton, OH-KY-IN
Area to attainment for the 2008 8-hour
ozone NAAQS.1
II. What is the background for EPA’s
proposed actions?
On March 12, 2008, EPA revised both
the primary and secondary NAAQS for
ozone to a level of 0.075 parts per
million (ppm) to provide increased
protection of public health and the
environment. See 73 FR 16436 (March
27, 2008). The 2008 ozone NAAQS
retains the same general form and
averaging time as the 0.08 ppm NAAQS
set in 1997, but is set at a more
protective level. Under EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15.
Effective July 20, 2012, EPA
designated any area that was violating
the 2008 8-hour ozone NAAQS based on
the three most recent years (2008–2010)
of air monitoring data as a
nonattainment area. See 77 FR 30088
(May 21, 2012). The CincinnatiHamilton, OH-KY-IN Area was
designated as a marginal ozone
nonattainment area. See 40 CFR 81.318.
Areas that were designated as marginal
nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS no
later than July 20, 2015, based on 2012–
2014 monitoring data. On May 4, 2016
(81 FR 26697), EPA published its
determination that the Area had
attained the 2008 8-hour ozone NAAQS
by the attainment deadline.
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III. What are the criteria for
redesignation?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation providing that: (1) The
Administrator determines that the area
1 While Kentucky’s transmittal letter is dated
August 5, 2016, the submission was not officially
provided to EPA for action until August 26, 2016.
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has attained the applicable NAAQS; (2)
the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable federal air pollutant
control regulations and other permanent
and enforceable reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and (5) the state containing such
area has met all requirements applicable
to the area for purposes of redesignation
under section 110 and part D of the
CAA.
On April 16, 1992, EPA provided
guidance on redesignation in the
General Preamble for the
Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498),
and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum from Bill
Laxton, Director, Technical Support Division,
June 18, 1990;
2. ‘‘Maintenance Plans for Redesignation of
Ozone and Carbon Monoxide Nonattainment
Areas,’’ Memorandum from G. T. Helms,
Chief, Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
3. ‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
4. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (hereinafter referred to as the
‘‘Calcagni Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
6. ‘‘Technical Support Documents (TSDs)
for Redesignation of Ozone and Carbon
Monoxide (CO) Nonattainment Areas,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National
Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation,
September 17, 1993;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone and
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CO Nonattainment Areas,’’ Memorandum
from D. Kent Berry, Acting Director, Air
Quality Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994 (hereinafter referred to as the
‘‘Nichols Memorandum’’); and
10. ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National Ambient
Air Quality Standard,’’ Memorandum from
John S. Seitz, Director, Office of Air Quality
Planning and Standards, May 10, 1995.
IV. Why is EPA proposing these
actions?
On August 26, 2016, Kentucky
requested that EPA redesignate the
Kentucky portion of the Area to
attainment for the 2008 8-hour ozone
NAAQS and approve the associated SIP
revision submitted on the same date
containing the base year inventory and
the maintenance plan for the Kentucky
portion of the Area. As mentioned
above, on May 4, 2016 (81 FR 26697),
EPA determined that the entire
Cincinnati-Hamilton, OH-KY-IN Area
attained the 2008 8-hour ozone NAAQS
by the attainment date based on 2012–
2014 data. On December 16, 2016 (81 FR
91035), in redesignating the Ohio
portion of the Area to attainment, EPA
determined that the entire Area
continued to attain the standard based
on 2013–2015 data.2 EPA’s evaluation
indicates that the Kentucky portion of
the Area meets the requirements for
redesignation as set forth in section
107(d)(3)(E), including the maintenance
plan requirements under section 175A
of the CAA. Also, based on Kentucky’s
August 26, 2016, submittal, EPA is
proposing to determine that the base
year emissions inventory, included in
Kentucky’s August 26, 2016, submittal,
meets the requirements under CAA
section 182(a)(1). Approval of the base
year emissions inventory is a
prerequisite to redesignating an ozone
nonattainment area to attainment. As a
result of these proposed findings, EPA
is proposing to take the actions
summarized in section I of this notice.
V. What is EPA’s analysis of the
redesignation request and August 26,
2016, SIP submission?
As stated above, in accordance with
the CAA, EPA proposes to: (1) Approve
the 2008 8-hour ozone NAAQS base
year emissions inventory for the
2 EPA has also proposed to redesignate the
Indiana portion of the Area. See 81 FR 95081
(December 27, 2016).
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Kentucky portion of the CincinnatiHamilton, OH-KY-IN Area and
incorporate it into the SIP; (2) approve
Kentucky’s 2008 8-hour ozone NAAQS
maintenance plan, including the
associated MVEBs, and incorporate it
into the Kentucky SIP; and (3)
redesignate the Kentucky portion of the
Area to attainment for the 2008 8-hour
ozone NAAQS. The five redesignation
criteria provided under CAA section
107(d)(3)(E) are discussed in greater
detail for the Kentucky portion of the
Area in section V.B, below.
A. Emissions Inventory
Section 182(a)(1) of the CAA requires
states to submit a comprehensive,
accurate, and current inventory of actual
emissions from all sources of the
relevant pollutant or pollutants in each
ozone nonattainment area. The section
182(a)(1) base year emissions inventory
is defined in the SIP Requirements
Rule 3 as ‘‘a comprehensive, accurate,
current inventory of actual emissions
from sources of NOx and VOC emitted
within the boundaries of the
nonattainment area as required by CAA
section 182(a)(1).’’ See 40 CFR
51.1100(bb). The inventory year must be
selected consistent with the baseline
year for an RFP plan as required by 40
CFR 51.1110(b),4 and the inventory
must include actual ozone season day
emissions as defined in 40 CFR
51.1100(cc) 5 and contain data elements
consistent with the detail required by 40
CFR part 51, subpart A. See 40 CFR
51.1115(a), (c), (e). In addition, the point
source emissions included in the
inventory must be reported according to
the point source emissions thresholds of
the Air Emissions Reporting
Requirements (AERR) in 40 CFR part 51,
subpart A. See 40 CFR 51.1115(d).
Kentucky selected 2011 as the base
year for the CAA section 182(a)(1)
emissions inventory which is the year
corresponding with the first triennial
inventory under 40 CFR part 51, subpart
A. The emissions inventory is based on
data developed and submitted by DAQ
to EPA’s 2011 National Emissions
Inventory (NEI), and it contains data
elements consistent with the detail
required by 40 CFR part 51, subpart A.6
Kentucky’s emissions inventory for its
portion of the Area provides 2011
anthropogenic emissions data for NOX
and VOC for the following general
source categories: point (Electric
Generating Units and Non-Electric
Generating Units and aircraft
emissions),7 area, non-road mobile, onroad mobile. All emissions information
provided is based on the partial county
boundaries, through the applicable
census tracts, that comprise the
Kentucky portion of the Area. Table 1,
below, provides a summary of the
emissions inventory.
TABLE 1—2011 POINT, AREA, NON-ROAD MOBILE, AND ON-ROAD MOBILE SOURCES EMISSIONS FOR THE KENTUCKY
PORTION OF THE AREA
[tons per typical summer day (tsd)]
Point **
Area
Non-road mobile
On-road mobile
County *
NOX
Boone County ..................
Campbell County .............
Kenton County .................
VOC
9.23
0.17
0.01
NOX
2.15
0.22
0.51
0.43
0.49
1.02
VOC
NOX
2.66
1.29
2.51
VOC
1.06
0.38
0.77
1.49
0.40
0.62
NOX
6.90
4.30
6.53
VOC
3.30
2.05
3.12
* Nonattainment portion of each county.
** Includes aircraft emissions.
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NOX and VOC emissions were
calculated for a typical summer July
day, taking into account the seasonal
adjustment factor for summer
operations. More detail on the inventory
emissions for individual sources
categories is provided below and in
Appendix C–1 to Kentucky’s August 26,
2016, SIP submittal.
Point sources are large, stationary,
identifiable sources of emissions that
release pollutants into the atmosphere.
The inventory contains actual point
source emissions data for facilities
located within the nonattainment
boundary for the Kentucky portion of
the Area based on the Kentucky
Emissions Inventory database.8
Area sources are small emission
stationary sources which, due to their
large number, collectively have
significant emissions (e.g., dry cleaners,
service stations). Emissions for these
sources were estimated by multiplying
an emission factor by such indicators of
collective emissions activity as
production, number of employees, or
population. Indiana Department of
Environmental Management (IDEM)
provided area source emissions data for
each county data for in the entire Area.
Data was obtained from the Ozone
NAAQS Emissions Modeling Platform
(2011 v6.1).
On-road mobile sources include
vehicles used on roads for
transportation of passengers or freight.
Kentucky developed its on-road
emissions inventory using EPA’s Motor
3 On March 6, 2015, EPA finalized a rule entitled
‘‘Implementation of the 2008 National Ambient Air
Quality Standards for Ozone: State Implementation
Plan Requirements’’ (SIP Requirements Rule) that
establishes the requirements that state, tribal, and
local air quality management agencies must meet as
they develop implementation plans for areas where
air quality exceeds the 2008 8-hour ozone NAAQS.
See 80 FR 12264.
4 40 CFR 51.1110(b) states that ‘‘at the time of
designation for the 2008 ozone NAAQS the baseline
emissions inventory shall be the emissions
inventory for the most recent calendar year for
which a complete triennial inventory is required to
be submitted to EPA under the provisions of
subpart A of this part. States may use an alternative
baseline emissions inventory provided the state
demonstrates why it is appropriate to use the
alternative baseline year, and provided that the year
selected is between the years 2008 to 2012.’’
5 ‘‘Ozone season day emissions’’ is defined as ‘‘an
average day’s emissions for a typical ozone season
work weekday. The state shall select, subject to EPA
approval, the particular month(s) in the ozone
season and the day(s) in the work week to be
represented, considering the conditions assumed in
the development of RFP plans and/or emissions
budgets for transportation conformity.’’ See 40 CFR
51.1100(cc).
6 Data downloaded from the EPA EIS from the
2011 NEI was subjected to quality assurance
procedures described under quality assurance
details under 2011 NEI Version 1 Documentation
located at: https://www.epa.gov/ttn/chief/net/
2011inventory.html#inventorydoc. The quality
assurance and quality control procedures and
measures associated with this data are outlined in
the State’s EPA-approved Emission Inventory
Quality Assurance Project Plan.
7 The emissions inventories in Kentucky’s
submission identify aircraft emissions as a
standalone category and refer to these emissions as
‘‘air emissions’’ for consistency with the inventories
provided by Indiana and Ohio for their respective
portions of the Area. Indiana Department of
Environmental Management (IDEM) provided
aircraft emissions data for Kentucky, and Kentucky
included these emissions in Boone County where
the Cincinnati/Northern Kentucky International
Airport is located. EPA has included these
emissions within the point source category per the
AERR.
8 As discussed above, EPA has included aircraft
emissions within the point source category per the
AERR.
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Vehicle Emissions Simulator (MOVES)
model with input data from the OhioKentucky-Indiana Regional Council of
Governments (OKI).9 County level onroad modeling was conducted using
county-specific vehicle population and
other local data. Kentucky developed its
inventory according to the current EPA
emissions inventory guidance for onroad mobile sources using MOVES
version 2014.
Non-road mobile sources include
vehicles, engines, and equipment used
for construction, agriculture, recreation,
and other purposes that do not use
roadways (e.g., lawn mowers,
construction equipment, and railroad
locomotives). IDEM provided non-road
mobile source emissions data for each
county in the Area. Data was obtained
from the Ozone NAAQS Emissions
Modeling Platform (2011 v6.1).
For the reasons discussed above, EPA
proposes to determine that Kentucky’s
emissions inventory meets the
requirements under CAA section
182(a)(1) and the SIP Requirements Rule
for the 2008 8-hour ozone NAAQS.
Approval of Kentucky’s redesignation
request is contingent upon EPA’s final
approval of the base year emissions
inventory for the 2008 8-hour ozone
NAAQS.
B. Redesignation Request and
Maintenance Demonstration
In accordance with the CAA, EPA
proposes to approve the 2008 8-hour
ozone NAAQS maintenance plan,
including the associated MVEBs, and
incorporate it into the Kentucky SIP and
to redesignate the Kentucky portion of
the Area to attainment for the 2008 8hour ozone NAAQS. The five
redesignation criteria provided under
the CAA section 107(d)(3)(E) are
discussed in greater detail for the Area
in the following paragraphs in this
section.
Criteria (1)—The CincinnatiHamilton, OH-KY-IN Area has attained
the 2008 8-hour ozone NAAQS.
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS. See
CAA section 107(d)(3)(E)(i)). For ozone,
an area may be considered to be
attaining the 2008 8-hour ozone NAAQS
if it meets the 2008 8-hour ozone
NAAQS, as determined in accordance
with 40 CFR 50.15 and Appendix I of
part 50, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data. To
attain this NAAQS, the 3-year average of
the fourth-highest daily maximum 8hour average ozone concentrations
measured at each monitor within an
area over each year must not exceed
0.075 ppm. Based on the data handling
and reporting convention described in
40 CFR part 50, Appendix I, the NAAQS
are attained if the design value is 0.075
ppm or below. The data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in EPA’s Air Quality System
(AQS). The monitors generally should
have remained at the same location for
the duration of the monitoring period
required for demonstrating attainment.
On May 4, 2016 (81 FR 26697), EPA
determined that the CincinnatiHamilton, OH-KY-IN Area attained the
2008 8-hour ozone NAAQS by the
attainment date. In that action, EPA
reviewed complete, quality-assured, and
certified monitoring data from
monitoring stations in the Area for the
2008 8-hour ozone NAAQS for 2012
through 2014 and determined that the
design values for each monitor in the
Area are less than the standard of 0.075
ppm for that time period. Further, on
December 16, 2016, in association with
the redesignation of the Ohio portion of
the Area, EPA determined that the Area
continued to attain the 2008 8-hour
ozone NAAQS based on complete,
quality-assured, and certified
monitoring data from 2013 through
2015. See 81 FR 91035. The fourthhighest 8-hour ozone values at each
monitor for 2012, 2013, 2014, 2015, and
the 3-year averages of these values (i.e.,
design values), are summarized in Table
2, below. The 3-year design value for
2013–2015 for the Cincinnati-Hamilton,
OH-KY-IN Area is 0.071 ppm,10 which
meets the NAAQS.
TABLE 2—MONITORING DATA AND DESIGN VALUE CONCENTRATIONS FOR THE CINCINNATI-HAMILTON, OH-KY-IN AREA
[ppm]
4th Highest 8-hour ozone value
(ppm)
Location
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21–015–0003
21–037–3002
39–017–0004
39–017–0018
39–017–9991
39–025–0022
39–027–1002
39–061–0006
39–061–0010
39–061–0040
39–165–0007
0.074
0.084
0.083
0.084
0.085
0.091
0.086
0.087
0.083
0.082
0.080
2013
2014
0.059
0.072
0.068
0.068
0.069
0.066
0.064
0.069
0.064
0.069
0.067
2015
0.062
0.071
0.070
0.069
0.069
0.068
0.070
0.070
0.073
0.069
0.071
0.062
0.071
0.070
0.070
0.068
0.070
0.070
0.072
0.070
0.071
0.071
3-Year design
values
(ppm)
2012–2014
Site ID
2012
Boone, KY ....................
Campbell, KY ...............
Butler, OH ....................
Butler, OH ....................
Butler, OH ....................
Clermont, OH ...............
Clinton, OH ..................
Hamilton, OH ...............
Hamilton, OH ...............
Hamilton, OH ...............
Warren, OH ..................
3-Year design
values
(ppm)
2013–2015
0.065
0.075
0.073
0.073
0.074
0.075
0.073
0.075
0.073
0.073
0.072
0.061
0.071
0.069
0.069
0.068
0.068
0.068
0.070
0.069
0.069
0.069
For this proposed action, EPA has
reviewed 2016 preliminary monitoring
data for the Area and proposes to find
that the preliminary data does not
indicate a violation of the NAAQS.11
EPA will not take final action to
approve the redesignation if the 3-year
design value exceeds the NAAQS prior
to EPA finalizing the redesignation. As
discussed in more detail below, the
Commonwealth of Kentucky has
committed to continue monitoring in
the Kentucky portion of the Area in
accordance with 40 CFR part 58.
9 Kentucky used MOVES2014 technical guidance:
Using MOVES to Prepare Emission Inventories in
State Implementation Plans and Transportation
Conformity, EPA–420–b–15–007 (January 2015).
10 The design value for an area is the highest
3-year average of the annual fourth-highest daily
maximum 8-hour concentration recorded at any
monitor in the area.
11 This data is available at EPA’s air data Web
site: https://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/
download_files.html#Daily.
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Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another state. To implement this
provision, EPA has required certain
states to establish programs to address
the interstate transport of air pollutants.
The section 110(a)(2)(D) requirements
for a state are not linked with a
particular nonattainment area’s
designation and classification in that
state. EPA believes that the
requirements linked with a particular
nonattainment area’s designation and
classifications are the relevant measures
to evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state. Thus, EPA does not
believe that the CAA’s interstate
transport requirements should be
construed to be applicable requirements
for purposes of redesignation.
In addition, EPA believes that other
section 110(a)(2) elements that are
neither connected with nonattainment
plan submissions nor linked with an
area’s attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated. The section
110(a)(2) and part D requirements which
are linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
a. The Kentucky Portion of the
redesignations) of conformity and
Cincinnati-Hamilton, OH-KY-IN Area
oxygenated fuels requirements, as well
Has Met All Applicable Requirements
as with section 184 ozone transport
Under Section 110 and Part D of the
requirements. See Reading,
CAA
Pennsylvania, proposed and final
General SIP requirements. General SIP rulemakings (61 FR 53174–53176,
elements and requirements are
October 10, 1996), (62 FR 24826, May 7,
delineated in section 110(a)(2) of title I,
2008); Cleveland-Akron-Loraine, Ohio,
part A of the CAA. These requirements
final rulemaking (61 FR 20458, May 7,
include, but are not limited to, the
1996); and Tampa, Florida, final
following: Submittal of a SIP that has
rulemaking at (60 FR 62748, December
been adopted by the state after
7, 1995). See also the discussion on this
reasonable public notice and hearing;
issue in the Cincinnati, Ohio,
provisions for establishment and
redesignation (65 FR 37890, June 19,
operation of appropriate procedures
2000), and in the Pittsburgh,
needed to monitor ambient air quality;
Pennsylvania, redesignation (66 FR
implementation of a source permit
50399, October 19, 2001).
program; provisions for the
Title I, Part D, applicable SIP
implementation of part C requirements
requirements. Section 172(c) of the CAA
(Prevention of Significant Deterioration
sets forth the general nonattainment
(PSD)) and provisions for the
plan requirements for nonattainment
implementation of part D requirements
areas. Subpart 2 of part D, which
(NSR permit programs); provisions for
includes section 182 of the CAA,
air pollution modeling; and provisions
establishes specific requirements for
for public and local agency participation ozone nonattainment areas depending
on the area’s nonattainment
in planning and emission control rule
classification. In marginal ozone
development.
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Criteria (2)—Kentucky has a fully
approved SIP under section 110(k) for
the Kentucky portion of the Area; and
Criteria (5)—Kentucky has met all
applicable requirements under section
110 and part D of title I of the CAA.
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the state has met
all applicable requirements under
section 110 and part D of title I of the
CAA (CAA section 107(d)(3)(E)(v)) and
that the state has a fully approved SIP
under section 110(k) for the area (CAA
section 107(d)(3)(E)(ii)). EPA proposes
to find that Kentucky has met all
applicable SIP requirements for the
Kentucky portion of the Area under
section 110 of the CAA (general SIP
requirements) for purposes of
redesignation. Additionally, EPA
proposes to find that, if EPA approves
the base year emissions inventory, the
Kentucky SIP satisfies the criterion that
it meets applicable SIP requirements for
purposes of redesignation under part D
of title I of the CAA in accordance with
section 107(d)(3)(E)(v) and the SIP is
fully approved with respect to all
requirements applicable for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). In making these
proposed determinations, EPA
ascertained which requirements are
applicable to the Area and, if applicable,
that they are fully approved under
section 110(k). SIPs must be fully
approved only with respect to
requirements that were applicable prior
to submittal of the complete
redesignation request.
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20301
nonattainment area such as the
Cincinnati-Hamilton, OH-KY-IN Area,
the specific requirements of section
182(a) apply in lieu of the
demonstration of attainment and
contingency measures required by
section 172(c). See 42 U.S.C. 7511a(a).
The 182(a) elements and the remaining
172(c) elements that apply to the Area
are addressed below. A thorough
discussion of the requirements
contained in sections 172(c) and 182
can be found in the General Preamble
for Implementation of Title I (57 FR
13498).
Section 172(c) Requirements. Section
172(c)(3) requires submission and
approval of a comprehensive, accurate,
and current inventory of actual
emissions. This requirement is
superseded by the inventory
requirement in section 182(a)(1)
discussed below.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources in a
nonattainment area, and section
172(c)(5) requires permits for the
construction and operation of new and
modified major stationary sources in the
area. EPA has determined that, since
PSD requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that a NSR program be approved prior
to redesignation, provided that the area
demonstrates maintenance of the
NAAQS without part D NSR. A more
detailed rationale for this view is
described in the Nichols Memorandum.
See also rulemakings for the Illinois
portion of the St. Louis Area (77 FR
34819, 34826, June 12, 2012); Louisville,
Kentucky (66 FR 53665, 53669, October
23, 2001); Grand Rapids, Michigan (61
FR 31831, 31834–31837, June 21, 1996);
Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469–20470, May 7, 1996);
Detroit, Michigan (60 FR 12459, 12467–
12468, March 7, 1995). Kentucky has
demonstrated that the Area will be able
to maintain the standard without part D
NSR in effect; therefore, EPA concludes
that the Commonwealth need not have
a fully approved part D NSR program
prior to approval of the redesignation
request. Kentucky’s PSD program will
become effective in the Area upon
redesignation to attainment.
Section 182(a) Requirements. Section
182(a)(1) requires states to submit a
comprehensive, accurate, and current
inventory of actual emissions from
sources of NOX and VOC emitted within
the boundaries of the ozone
nonattainment area. Kentucky provided
a base year emissions inventory for its
portion of the Area to EPA in the August
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26, 2016, SIP submission to address the
section 182(a)(1) requirements for the
Kentucky portion of the Area. As
discussed in Section V.A above, EPA is
proposing to approve Kentucky’s 2011
base year emissions inventory in today’s
proposed action. Kentucky’s section
182(a)(1) inventory must be approved
before EPA can take final action to
approve the Commonwealth’s
redesignation request for the Kentucky
portion of the Area.
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC RACT rules that were
required under section 172(b)(3) of the
CAA (and related guidance) prior to the
1990 CAA amendments. The Area is not
subject to the section 182(a)(2) RACT
‘‘fix up’’ because the Area was
designated as nonattainment after the
enactment of the 1990 CAA
amendments. Furthermore, the
Commonwealth complied with this
requirement under the 1-hour ozone
NAAQS. See 59 FR 32343 (June 23,
1994) and 60 FR 31087 (June 13, 1995).
Section 182(a)(2)(B) requires each
state with a marginal ozone
nonattainment area that implemented,
or was required to implement, an
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision
providing for an I/M program no less
stringent than that required prior to the
1990 amendments or already in the SIP
at the time of the amendments,
whichever is more stringent. The
Kentucky portion of the Area is not
subject to the section 182(a)(2)(B)
requirement because it was designated
as nonattainment after the enactment of
the 1990 CAA amendments and did not
have an I/M program in place prior to
those amendments.
Regarding the permitting and offset
requirements of section 182(a)(2)(C) and
section 182(a)(4), EPA has determined
that areas being redesignated need not
comply with the requirement that a NSR
program be approved prior to
redesignation, provided that the area
demonstrates maintenance of the
NAAQS without part D NSR, because
PSD requirements will apply after
redesignation. As discussed above,
Kentucky has a PSD program and has
demonstrated that the Area will be able
to maintain the standard without part D
NSR in effect. Therefore, EPA concludes
that the Commonwealth need not have
a fully approved part D NSR program
prior to approval of the redesignation
request.
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Section 182(a)(3) requires states to
submit periodic inventories and
emissions statements. Section
182(a)(3)(A) requires states to submit a
periodic inventory every three years. As
discussed below in the section of this
notice titled Criteria (4)(e), Verification
of Continued Attainment, the
Commonwealth will continue to update
its emissions inventory at least once
every three years. Under section
182(a)(3)(B), each state with an ozone
nonattainment area must submit a SIP
revision requiring emissions statements
to be submitted to the state by sources
within that nonattainment area.
Kentucky provided a SIP revision to
EPA on November 18, 2015, addressing
the section 182(a)(3)(B) emissions
statements requirement, and on January
28, 2016 (81 FR 4896), EPA published
a final rule approving this SIP revision.
Section 176 Conformity
Requirements. Section 176(c) of the
CAA requires states to establish criteria
and procedures to ensure that federallysupported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects that are developed, funded, or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with federal conformity
regulations relating to consultation,
enforcement, and enforceability that
EPA promulgated pursuant to its
authority under the CAA.
EPA interprets the conformity SIP
requirements 12 as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and federal
conformity rules apply where state rules
have not been approved. See Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also
60 FR 62748 (December 7, 1995)
(redesignation of Tampa, Florida).
Nonetheless, Kentucky has an approved
conformity SIP for the Kentucky portion
of the Area. See 76 FR 20780 (April 21,
2010). Thus, EPA proposes that the
Kentucky portion of the CincinnatiHamilton, OH-KY-IN Area has satisfied
12 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from the MVEBs that
are established in control strategy SIPs and
maintenance plans.
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all applicable requirements for purposes
of redesignation under section 110 and
part D of title I of the CAA.
b. The Kentucky Portion of the
Cincinnati-Hamilton, OH-KY-IN Area
Has a Fully Approved Applicable SIP
Under Section 110(k) of the CAA
EPA has fully approved the
Commonwealth’s SIP for the Kentucky
portion of the Area under section 110(k)
of the CAA for all requirements
applicable for purposes of redesignation
with the exception of the 182(a)(1)
emissions inventory. In today’s
proposed action, EPA is proposing to
approve the Commonwealth’s emissions
inventory for the Kentucky portion of
the Area and incorporate it into the
Kentucky SIP.
EPA may rely on prior SIP approvals
in approving a redesignation request
(see Calcagni Memorandum at p. 3;
Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F.3d 984, 989–
90 (6th Cir. 1998); Wall, 265 F.3d 426)
plus any additional measures it may
approve in conjunction with a
redesignation action (see 68 FR 25426
(May 12, 2003) and citations therein).
Kentucky has adopted and submitted,
and EPA has approved at various times,
provisions addressing various SIP
elements applicable for the ozone
NAAQS (78 FR 14681, March 7, 2013,
and 79 FR 65143, November 3, 2014).
As discussed above, EPA believes that
the section 110 elements that are neither
connected with nonattainment plan
submissions nor linked to an area’s
nonattainment status are not applicable
requirements for purposes of
redesignation. With the exception of the
section 182(a)(1) emissions inventory
requirement, which is addressed in this
proposal, EPA has approved all part D
requirements applicable for purposes of
this proposed redesignation.
Criteria (3)—The air quality
improvement in the CincinnatiHamilton, OH-KY-IN Area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP and
applicable federal air pollution control
regulations and other permanent and
enforceable reductions.
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP, applicable
federal air pollution control regulations,
and other permanent and enforceable
reductions. See CAA section
107(d)(3)(E)(iii). EPA has preliminarily
determined that Kentucky has
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demonstrated that the observed air
quality improvement in the CincinnatiHamilton, OH-KY-IN Area is due to
permanent and enforceable reductions
in emissions resulting from federal
measures and is not the result of
unusually favorable weather conditions.
An analysis performed by the Lake
Michigan Air Directors Consortium
(LADCO) supports the Commonwealth’s
conclusion that the improvement in air
quality is due to permanent and
enforceable emission reductions and not
favorable meteorology.13 A
classification and regression tree
(CART) analysis was conducted with
2000 through 2014 data from three
ozone monitoring sites in the Area. The
goal of the analysis was to determine the
meteorological and air quality
conditions associated with ozone
episodes, and construct trends for the
days identified as sharing similar
meteorological conditions. Regression
trees were developed for the three
monitors to classify each summer day
by its ozone concentration and
associated meteorological conditions.
By grouping days with similar
meteorology, the influence of
meteorological variability on the
underlying trend in ozone
concentrations is partially removed and
the remaining trend is presumed to be
due to trends in precursor emissions or
other non-meteorological influences.
The CART analysis showed the
resulting trends in ozone concentrations
declining over the period examined,
supporting the conclusion that the
improvement in air quality was not due
to unusually favorable meteorology.
In addition, EPA evaluated
temperatures and precipitation during
the 2012–2015 ozone seasons for
comparison to long-term climatological
normals. Table 3, below, provides
temperature and precipitation data for
the Area for the 2012–2015 period. This
data was obtained from the National
Oceanic and Atmospheric
Administration’s National Centers for
Environmental Information (NCEI).
Specifically, Table 3 provides overall
average and average maximum ozone
season temperatures and total ozone
season precipitation; deviation from the
mean 1948–2000 base period ozone
season temperature and precipitation
(termed the ‘‘anomaly’’); and the rank of
each year from the 69-year (1948–2016)
period. A rank of 69 is given to the
hottest or wettest year.
TABLE 3—CINCINNATI, OHIO TEMPERATURE AND PRECIPITATION OZONE SEASON (MAY–SEPTEMBER) DATA
Years
2012
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Average May–September Temperature [°F] ...................................................
Anomaly from the long-term average [70.3 °F] ...............................................
Rank [since 1948, scale of 1–69] 1=coolest 69=warmest ..............................
Average maximum May–September temperature [°F] ....................................
Anomaly from the long-term average maximum [81 °F] .................................
Rank [since 1948, scale of 1–69] 1=coolest 69=warmest ..............................
Precipitation [inches] ........................................................................................
Anomaly from the long-term average [18.27 inches] ......................................
Rank [since 1948, scale of 1–69] 1=driest 69=wettest ...................................
2013
73.0
2.7
65
84.5
3.5
67
15.61
¥2.66
17
2014
71.1
0.8
47
80.7
¥0.3
29
24.04
5.77
63
70.6
0.3
35
80.6
¥0.4
28
19.05
0.78
42
2015
71.4
1.1
52
81.6
0.6
42
18.64
0.37
38
The data in Table 3 indicates that the
2012 ozone season had maximum daily
temperatures well above normal while
2013–2015 had maximum daily
temperatures near normal (within a
degree of normal). Average maximum
temperatures during the 2012 ozone
season were the third warmest from the
period of record (1948–2016). Overall
average ozone season temperatures
during the 2012–2015 period ranged
from 0.3 to 2.7 degrees above normal.
Total precipitation during the 2012
ozone season was below normal, the
2013 ozone season had above normal
precipitation, and the 2014 and 2015
ozone seasons had near normal
precipitation (within an inch of normal).
Therefore, the 2012–2015 period does
not appear to have been abnormally
conducive to reduced ozone formation
and further supports the conclusion that
the improvement in air quality was not
due to unusually favorable meteorology.
Federal measures enacted in recent
years have resulted in permanent
emission reductions in the Area. The
federal measures that have been
implemented include the following:
Tier 2 Vehicle and Fuel Standards.
On February 10, 2000 (65 FR 6698), EPA
promulgated Tier 2 motor vehicle
emission standards and gasoline sulfur
control requirements.14 These emission
control requirements result in lower
VOC and NOX emissions from new cars
and light duty trucks, including sport
utility vehicles. With respect to fuels,
this rule required refiners and importers
of gasoline to meet lower standards for
sulfur in gasoline, which were phased
in between 2004 and 2006. By 2006,
refiners were required to meet a 30 ppm
average sulfur level, with a maximum
cap of 80 ppm. This reduction in fuel
sulfur content ensures the effectiveness
of low emission-control technologies.
The Tier 2 tailpipe standards
established in this rule were phased in
for new vehicles between 2004 and
2009. EPA estimates that, when fully
implemented, this rule will cut NOX
and VOC emissions from light-duty
vehicles and light-duty trucks by
approximately 76 and 28 percent,
respectively. NOX and VOC reductions
from medium-duty passenger vehicles
included as part of the Tier 2 vehicle
program are estimated to be
approximately 37,000 and 9,500 tons
per year, respectively, when fully
implemented. In addition, EPA
estimates that beginning in 2007, a
reduction of 30,000 tons per year of
NOX will result from the benefits of
sulfur control on heavy-duty gasoline
vehicles. Some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period, as older vehicles
are replaced with newer, compliant
model years.
13 Ohio included the LADCO analysis as part of
its redesignation request and associated SIP
revision for the Ohio portion of the Area. These
materials are available at Docket No. EPA–R05–
OAR–2016–0269.
14 Kentucky also identified Tier 3 Motor Vehicle
Emissions and Fuel Standards a federal measure.
EPA issued this rule in April 28, 2014 (79 FR
23414), which applies to light duty passenger cars
and trucks. EPA promulgated this rule to reduce air
pollution from new passenger cars and trucks
beginning in 2017. While the reductions did not aid
the Area in attaining the standard, emissions
reductions from these standards will occur during
the maintenance period.
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Non-Road Diesel Rule. On June 29,
2004 (69 FR 38958), EPA issued a rule
adopting emissions standards for nonroad diesel engines and sulfur
reductions in non-road diesel fuel. This
rule applies to diesel engines used
primarily in construction, agricultural,
and industrial applications. The rule is
being phased in between 2008 through
2015, and when fully implemented, will
reduce emissions of NOX, VOC,
particulate matter, and carbon
monoxide from these engines. It is
estimated that compliance with this rule
will cut NOX emissions from non-road
diesel engines by up to 90 percent
nationwide.
Heavy-Duty Diesel Engine Rules. In
July 2000,15 EPA issued a rule for onhighway heavy-duty diesel engines that
includes standards limiting the sulfur
content of diesel fuel. Emissions
standards for NOX, VOC and PM were
phased in between model years 2007
and 2010. In addition, the rule reduced
the highway diesel fuel sulfur content to
15 parts per million by 2007, leading to
additional reductions in combustion
NOX and VOC emissions. EPA has
estimated future year emission
reductions due to implementation of
this rule. Nationally, EPA estimated that
2015 NOX and VOC emissions will
decrease by 1,260,000 tons and 54,000
tons, respectively, and that 2030 NOX
and VOC emissions will decrease by
2,570,000 tons and 115,000 tons,
respectively.
Non-road Spark-Ignition Engines and
Recreational Engines Standards. On
November 8, 2002 (67 FR 68242), EPA
adopted emission standards for large
spark-ignition engines such as those
used in forklifts and airport groundservice equipment; recreational vehicles
such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and
recreational marine diesel engines.
These emission standards were phased
in from model year 2004 through 2012.
When all of the non-road spark-ignition
and recreational engine standards are
fully implemented, an overall 72
percent reduction in hydrocarbons, 80
percent reduction in NOX, and 56
percent reduction in carbon monoxide
emissions are expected by 2020. These
controls reduce ambient concentrations
of ozone, carbon monoxide, and fine
particulate matter.
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Reciprocating Internal Combustion
Engines. On March 3, 2010 (75 FR
9648), EPA issued a rule to reduce
hazardous air pollutants from existing
diesel powered stationary reciprocating
15 See
66 FR 5002 for further discussion.
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internal combustion engines, also
known as compression ignition engines.
Amendments to this rule were finalized
on January 14, 2013 (78 FR 6674). EPA
estimated that when this rule is fully
implemented in 2013, NOX and VOC
emissions from these engines will be
reduced by approximately 9,600 and
36,000 tons per year, respectively.
Category 3 Marine Diesel Engine
Standards. On April 30, 2010 (75 FR
22896), EPA issued emission standards
for marine compression-ignition engines
at or above 30 liters per cylinder. Tier
2 emission standards apply beginning in
2011, and are expected to result in a 15
to 25 percent reduction in NOX
emissions from these engines. Final Tier
3 emission standards apply beginning in
2016 and are expected to result in
approximately an 80 percent reduction
in NOX from these engines.
Clean Air Interstate Rule (CAIR)/
Cross-State Air Pollution Rule (CSAPR).
CAIR created regional cap-and-trade
programs to reduce SO2 and NOX
emissions in 28 eastern states, including
Kentucky, that contributed to
downwind nonattainment and
maintenance of the 1997 8-hour ozone
NAAQS and the 1997 PM2.5 NAAQS.
See 70 FR 25162 (May 12, 2005). In
2008, the United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated
CAIR in North Carolina v. EPA, 531
F.3d 896 (D.C. Cir. 2008), but ultimately
remanded the rule to EPA without
vacatur in North Carolina v. EPA, 550
F.3d 1176, 1178 (D.C. Cir. 2008) to
preserve the environmental benefits
provided by CAIR. On August 8, 2011
(76 FR 48208), acting on the D.C.
Circuit’s remand, EPA promulgated
CSAPR to replace CAIR and thus to
address the interstate transport of
emissions contributing to nonattainment
and interfering with maintenance of the
two air quality standards covered by
CAIR as well as the 2006 PM2.5 NAAQS.
CSAPR requires substantial reductions
of SO2 and NOX emissions from electric
generating units (EGUs) in 28 states in
the Eastern United States.
Numerous parties filed petitions for
review of CSAPR, and on August 21,
2012, the D.C. Circuit vacated and
remanded CSAPR to EPA. EME Homer
City Generation, L.P. v. EPA, 696 F.3d
7, 38 (D.C. Cir. 2012). The United States
Supreme Court reversed the D.C.
Circuit’s decision on April 29, 2014, and
remanded the case to the D.C. Circuit to
resolve remaining issues in accordance
with the high court’s ruling. EPA v. EME
Homer City Generation, L.P., 134 S. Ct.
1584 (2014). On remand, the D.C.
Circuit affirmed CSAPR in most
respects, but invalidated without
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vacating some of the Phase 2 SO2 and
ozone-season NOX CSAPR budgets as to
a number of states.16 EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118
(D.C. Cir. 2015). This litigation
ultimately delayed implementation of
CSAPR for three years, from January 1,
2012, when CSAPR’s cap-and-trade
programs were originally scheduled to
replace the CAIR cap-and-trade
programs, to January 1, 2015. Thus, the
rule’s Phase 2 budgets were originally
promulgated to begin on January 1,
2014, and are now scheduled to begin
on January 1, 2017.
On September 17, 2016, EPA finalized
an update to the CSAPR ozone season
program. See 81 FR 74504 (October 26,
2016). The update addresses
summertime transport of ozone
pollution in the eastern United States
that crosses state lines to help
downwind states and communities meet
and maintain the 2008 8-hour ozone
NAAQS and addresses the remanded
Phase 2 ozone season NOX budgets. The
update withdraws these remanded NOX
budgets, sets new Phase 2 CSAPR ozone
season NOX emissions budgets for eight
of the eleven states with remanded
budgets, and removes the other three
states from the CSAPR ozone season
NOX trading program.17
While the reduction in NOX emissions
from the implementation of CSAPR will
result in lower concentrations of
transported ozone entering the Area
throughout the maintenance period,
EPA is proposing to approve the
redesignation of the Kentucky portion of
the Area without relying on those
measures within Kentucky as having led
to attainment of the 2008 ozone NAAQS
or contributing to maintenance of that
standard. The improvement in ozone air
quality in the Area from 2011 (a year
when the design value for the area was
above the NAAQS) to 2014 (a year when
the design value was below the NAAQS)
is not due to CSAPR emissions
reductions because, as noted above,
CSAPR did not go into effect until
January 1, 2015, after the Area was
already attaining the standard. As a
general matter, because CSAPR is
CAIR’s replacement, emissions
reductions associated with CAIR will for
most areas be made permanent and
enforceable through implementation of
CSAPR. In addition, EPA has
preliminarily determined that the vast
majority of reductions in emissions in
the Kentucky portion of the Area from
2011–2014 were due to permanent and
enforceable reductions in mobile source
16 The court’s decision did not affect Kentucky’s
CSAPR budgets.
17 See 81 FR 74504 for further discussion.
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VOC and NOX emissions. EPA found
that mobile source emissions reductions
account for 100 percent of the total NOX
reductions and 92 percent of the VOC
reductions within the Kentucky portion
of the Area over this time period. NOX
and VOC emissions in the Kentucky
portion of the Area are projected to
continue their downward trend
throughout the maintenance period,
driven primarily by mobile source
measures. From 2014 to 2030, Kentucky
projected that mobile source measures
will account for 95 percent of the NOX
emissions reductions and 85 percent of
the VOC reductions in the Kentucky
portion of the Area based on EPAapproved mobile source modeling.
EPA proposes to find that the
improvements in air quality in the
Cincinnati-Hamilton, OH-KY-IN Area
are due to real, permanent and
enforceable reductions in NOX and VOC
emissions. This preliminary
determination is supported by the
evaluation of emissions reductions in
the Area between 2011 and 2014
discussed above.
Criteria (4)—The Kentucky portion of
the Cincinnati-Hamilton, OH-KY-IN
Area has a fully approved maintenance
plan pursuant to section 175A of the
CAA.
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has a
fully approved maintenance plan
pursuant to section 175A of the CAA
(CAA section 107(d)(3)(E)(iv)). In
conjunction with its request to
redesignate the Kentucky portion of the
Area to attainment for the 2008 8-hour
ozone NAAQS, Kentucky submitted a
SIP revision to provide for the
maintenance of the 2008 8-hour ozone
NAAQS for at least 10 years after the
effective date of redesignation to
attainment. EPA has made the
preliminary determination that this
maintenance plan meets the
requirements for approval under section
175A of the CAA.
a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the state must
submit a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the 10
years following the initial 10-year
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period. To address the possibility of
future NAAQS violations, the
maintenance plan must contain
contingency measures as EPA deems
necessary to assure prompt correction of
any future 2008 8-hour ozone violations.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
requirements: The attainment emissions
inventory, maintenance demonstration,
monitoring, verification of continued
attainment, and a contingency plan. As
discussed more fully below, EPA has
preliminarily determined that
Kentucky’s maintenance plan includes
all the necessary components and is
thus proposing to approve it as a
revision to the Kentucky SIP.
b. Attainment Emissions Inventory
As discussed above, EPA has
determined that the CincinnatiHamilton, OH-KY-IN Area has attained
the 2008 8-hour ozone NAAQS based on
quality-assured monitoring data for the
3-year period from 2012–2014 and is
continuing to attain the standard based
on 2013–2015 data. See 81 FR 26697
(May 4, 2016); 81 FR 91035 (December
16, 2016). Kentucky selected 2014 as the
attainment year (i.e., attainment
emissions inventory year) for
developing a comprehensive emissions
inventory for NOX and VOC, for which
projected emissions could be developed
for 2017, 2020, 2025, and 2030. The
attainment inventory identifies a level
of emissions in the Area that is
sufficient to attain the 2008 8-hour
ozone NAAQS. Kentucky began
development of the attainment
inventory by first generating a baseline
emissions inventory for the
Commonwealth’s portion of the Area.18
The projected summer day emission
inventories have been estimated using
projected rates of growth in population,
traffic, economic activity, and other
parameters. In addition to comparing
the final year of the plan (2030) to the
attainment year (2014), Kentucky
compared interim years to the
attainment year to demonstrate that
these years are also expected to show
continued maintenance of the 2008 8hour ozone standard.
The emissions inventory is composed
of four major types of sources: Point,
area, on-road mobile, and non-road
mobile.19 Complete descriptions of how
18 Kentucky used the 2011 inventory described
above in Section V.A. as its baseline emissions
inventory.
19 As discussed in Section V.A., the emissions
inventories in Kentucky’s submission identify
aircraft emissions as a standalone category and refer
to these emissions as ‘‘air emissions’’ for
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20305
the inventories were developed are
located in Appendix C through
Appendix E of the August 26, 2016
submittal, which can be found in the
docket for this action. Point source
emissions are tabulated from data
collected by direct on-site
measurements of emissions or from
mass balance calculations utilizing
approved emission factors. For each
projected year’s inventory, point sources
are adjusted by growth factors based on
Standard Industrial Classification codes
generated using growth patterns
obtained from County Business Patterns.
For title V sources, the actual 2011
emissions were used.
For area sources, emissions are
estimated by multiplying an emission
factor by some known indicator of
collective activity such as production,
number of employees, or population.
For each projected year’s inventory, area
source emissions are changed by
population growth, projected
production growth, or estimated
employment growth.
Non-road mobile sources include
vehicles, engines, and equipment used
for construction, agriculture, recreation,
and other purposes that do not use
roadways (e.g., lawn mowers,
construction equipment, and railroad
locomotives). IDEM provided non-road
mobile source emissions data for each
county in the Area. Data was obtained
from the Ozone NAAQS Emissions
Modeling Platform (2011 v6.1).
For on-road mobile sources, EPA’s
MOVES2014 mobile model was run to
generate emissions. The MOVES2014
model includes the road class vehicle
miles traveled (VMT) as an input file
and can directly output the estimated
emissions. For each projected year’s
inventory, the on-road mobile sources
emissions are calculated by running the
MOVES mobile model for the future
year with the projected VMT to generate
emissions that take into consideration
expected federal tailpipe standards, fleet
turnover, and new fuels.
The 2014 NOX and VOC emissions for
the Kentucky portion of the Area, as
well as the emissions for other years,
were developed consistent with EPA
guidance and are summarized in Tables
4 and 5 of the following subsection
discussing the maintenance
demonstration. See Appendix C through
Appendix E of the August 26, 2016,
submission for more detailed
information on the emissions inventory.
consistency with the inventories provided by
Indiana and Ohio for their respective portions of the
Area. EPA has included these emissions within the
point source category per the AERR.
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c. Maintenance Demonstration
The maintenance plan associated with
the redesignation request includes a
maintenance demonstration that:
(i) Shows compliance with and
maintenance of the 2008 8-hour ozone
NAAQS by providing information to
support the demonstration that current
and future emissions of NOX and VOC
remain at or below 2014 emissions
levels.
(ii) Uses 2014 as the attainment year
and includes future emissions inventory
projections for 2017, 2020, 2025, and
2030.
(iii) Identifies an ‘‘out year’’ at least 10
years after the time necessary for EPA to
review and approve the maintenance
plan. Per 40 CFR part 93, NOX and VOC
MVEBs were established for the last
year (2030) of the maintenance plan (see
section VI below). Kentucky, in
consultation with the interagency
partners,20 has elected to also establish
an interim MVEB for the year 2020.
(iv) Provides projected emissions
inventories for the Kentucky portion of
the Area, as shown in Tables 4 and 5,
below.
TABLE 4—PROJECTED AVERAGE SUMMER DAY NOX EMISSIONS (tsd) FOR THE KENTUCKY PORTION OF THE AREA
Sector
2014
2017
2020
2025
2030
Point .....................................................................................
Area ......................................................................................
Non-road ..............................................................................
On-road ................................................................................
9.62
1.94
1.84
14.04
9.97
1.94
1.47
10.13
10.33
1.94
1.26
6.19
9.61
1.95
1.03
4.45
8.98
1.95
0.8
2.69
Total ..............................................................................
27.44
23.51
19.72
17.04
14.42
TABLE 5—PROJECTED AVERAGE SUMMER DAY VOC EMISSIONS (tsd) FOR THE KENTUCKY PORTION OF THE AREA
Sector
2014
2017
2020
2025
2030
2.88
6.25
2.19
6.50
2.89
6.04
1.88
5.03
2.89
5.94
1.75
3.54
2.69
5.87
1.69
2.77
2.47
5.80
1.64
1.98
Total ..............................................................................
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Point .....................................................................................
Area ......................................................................................
Non-road ..............................................................................
On-road ................................................................................
17.82
15.84
14.12
13.02
11.89
Tables 4 and 5 summarize the 2014
and future projected emissions of NOX
and VOC from the Kentucky portion of
the Area. In situations where local
emissions are the primary contributor to
nonattainment, such as the CincinnatiHamilton, OH-KY-IN Area, if the future
projected emissions in the
nonattainment area remain at or below
the baseline emissions in the
nonattainment area, then the ambient
air quality standard should not be
exceeded in the future. Kentucky has
projected emissions as described
previously and determined that
emissions in the Kentucky portion of
the Area will remain below those in the
attainment year inventory for the
duration of the maintenance plan.
As discussed in section VI of this
proposed rulemaking, a safety margin is
the difference between the attainment
level of emissions (from all sources) and
the projected level of emissions (from
all sources) in the maintenance plan.
The attainment level of emissions is the
level of emissions during one of the
years in which the Area met the
NAAQS. Kentucky selected 2014 as the
attainment emissions inventory year for
the Kentucky portion of the Area.
Kentucky calculated safety margins in
its submittal for years 2020 and 2030.
The Commonwealth has decided to
allocate 15 percent of the available
safety margin to the 2020 and 2030
MVEBs to allow for unanticipated
growth in VMT, changes and
uncertainty in vehicle mix assumptions,
etc., that will influence the emission
estimations. The MVEBs and safety
margins are discussed further in Section
VI of this proposed rulemaking.
20 Interagency partners consist of the OhioKentucky-Indiana Regional Council of Governments
Metropolitan Planning Organization (MPO),
Kentucky Energy and Environment Cabinet,
Kentucky Transportation Cabinet, EPA, Federal
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d. Monitoring Network
There are eleven monitors measuring
ozone in the Cincinnati-Hamilton, OHKY-IN Area, of which two are located in
the Kentucky portion of the Area. In its
maintenance plan, Kentucky has
committed to continue operation of the
monitors in the Kentucky portion of the
Area in compliance with 40 CFR part 58
and has thus addressed the requirement
for monitoring. EPA approved
Kentucky’s monitoring plan on October
25, 2016.
e. Verification of Continued Attainment
The Commonwealth of Kentucky,
through DAQ, has the legal authority to
enforce and implement the maintenance
plan for the Kentucky portion of the
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Area. This includes the authority to
adopt, implement, and enforce any
subsequent emissions control
contingency measures determined to be
necessary to correct future ozone
attainment problems. The
Commonwealth has committed to track
the progress of the maintenance plan by
updating its emissions inventory at least
once every three years and reviewing
the updated emissions inventories for
the Area using the latest emissions
factors, models, and methodologies.
Under the AERR, DAQ is required to
develop a comprehensive, annual,
statewide emissions inventory every
three years that is due twelve to
eighteen months after the completion of
the inventory year. The AERR inventory
years match the base year and final year
of the inventory for the maintenance
plan, and are within one or two years
of the interim inventory years of the
maintenance plan. DAQ commits to
compare the AERR inventories to the
2011 base year and 2030 projected
maintenance year inventories to assess
emissions trends, as necessary, and to
assure continued compliance with the
2008 8-hour ozone NAAQS in the Area.
Highway Administration, and Federal Transit
Administration.
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f. Contingency Measures in the
Maintenance Plan.
Section 175A of the CAA requires that
a maintenance plan include such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
NAAQS that occurs after redesignation.
The maintenance plan should identify
the contingency measures to be adopted,
a schedule and procedure for adoption
and implementation, and a time limit
for action by the state. A state should
also identify specific indicators to be
used to determine when the
contingency measures need to be
implemented. The maintenance plan
must include a requirement that a state
will implement all measures with
respect to control of the pollutant that
were contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d).
As required by section 175A of the
CAA, Kentucky has adopted a
contingency plan to address possible
future 8-hour ozone air quality
problems. In the event that a measured
value of the fourth highest maximum is
0.079 ppm or greater in any portion of
the Area in a single ozone season, or if
periodic emissions inventory updates
reveal excessive or unanticipated
growth greater than ten percent in ozone
precursor emissions in the Area, the
Commonwealth will conduct a study to
determine whether the ozone value
indicates a trend toward higher ozone
values or whether the trend, if any, is
likely to continue, and if so, the control
measures necessary to reverse the trend.
Implementation of necessary controls
will take place as expeditiously as
practicable and no later than 12 months
from the conclusion of the most recent
ozone season.
In the event that a two-year average of
the fourth highest maximum values at a
monitor in the Area is 0.076 ppm or
greater and is not due to exceptional
event, malfunction, or noncompliance
with a permit condition or rule
requirement, Kentucky, along with the
metropolitan planning organization or
regional council of governments, will
determine additional control measures
needed to assure future attainment of
the ozone NAAQS. Measures that can be
implemented in a short time will be
selected in order to be in place within
18 months from the close of the ozone
season.
In the event of a monitored violation
of the 1997 8-hour ozone NAAQS in the
Area, Kentucky commits to adopt one or
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more of the following contingency
measures to re-attain the standard: 21
• Implementation of a program to
require additional emissions reductions
on stationary sources;
• Implementation of fuel programs,
including incentives for alternative
fuels;
• Restriction of certain roads or lanes
to, or construction of such roads or
lanes for use by, passenger buses or
high-occupancy vehicles;
• Trip-reduction ordinances;
• Employer-based transportation
management plans, including
incentives;
• Programs to limit or restrict vehicle
use in downtown areas, or other areas
of emissions concentration, particularly
during periods of peak use;
• Programs for new construction and
major reconstructions of paths or tracks
for use by pedestrians or by nonmotorized vehicles when economically
feasible and in the public interest.
Kentucky may implement other
contingency measures if new control
programs should be developed and
deemed more advantageous for the
Area. Prior to the implementation of any
contingency measure not listed, the
Commonwealth will solicit input from
all interested and affected parties in the
Area. Kentucky will adopt and
implement contingency measures as
quickly as possible, and no later than 18
months after the monitored violation.
The Commonwealth will not implement
a contingency measure without
approval from EPA.
EPA preliminarily concludes that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: The attainment
emissions inventory, maintenance
demonstration, monitoring, verification
of continued attainment, and a
contingency plan. Therefore, EPA
proposes that the maintenance plan SIP
revision submitted by Kentucky for the
Commonwealth’s portion of the Area
meets the requirements of section 175A
of the CAA and is approvable.
21 If the Commonwealth adopts a voluntary
emission reduction measure as a contingency
measure necessary to attain or maintain the
NAAQS, EPA will evaluate approvability in
accordance with relevant Agency guidance
regarding the incorporation of voluntary measures
into SIPs. See, e.g., Memorandum from Richard D.
Wilson, Acting Administrator for Air and Radiation,
to EPA Regional Administrators re: Guidance on
Incorporating Voluntary Mobile Source Emission
Reduction Programs in State Implementation Plans
(SIPs) (October 24, 1997); EPA, Office of Air and
Radiation, Incorporating Emerging and Voluntary
Measures in a State Implementation Plan
(SIP)(September 2004).
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20307
VI. What is EPA’s analysis of
Kentucky’s proposed NOX and VOC
MVEBs for the Kentucky portion of the
area?
Under section 176(c) of the CAA, new
transportation plans, programs, and
projects, such as the construction of
new highways, must ‘‘conform’’ to (i.e.,
be consistent with) the part of the state’s
air quality plan that addresses pollution
from cars and trucks. Conformity to the
SIP means that transportation activities
will not cause new air quality
violations, worsen existing violations, or
delay timely attainment of the NAAQS
or any interim milestones. If a
transportation plan does not conform,
most new projects that would expand
the capacity of roadways cannot go
forward. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of such
transportation activities to a SIP. The
regional emissions analysis is one, but
not the only, requirement for
implementing transportation
conformity. Transportation conformity
is a requirement for nonattainment and
maintenance areas. Maintenance areas
are areas that were previously
nonattainment for a particular NAAQS
but have since been redesignated to
attainment with an approved
maintenance plan for that NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs and maintenance plans for
nonattainment areas. These control
strategy SIPs (including RFP and
attainment demonstration requirements)
and maintenance plans create MVEBs
(or in this case sub-area MVEBs) for
criteria pollutants and/or their
precursors to address pollution from
cars and trucks. Per 40 CFR part 93, a
MVEB must be established for the last
year of the maintenance plan. A state
may adopt MVEBs for other years as
well. The MVEB is the portion of the
total allowable emissions in the
maintenance demonstration that is
allocated to highway and transit vehicle
use and emissions. See 40 CFR 93.101.
The MVEB serves as a ceiling on
emissions from an area’s planned
transportation system. The MVEB
concept is further explained in the
preamble to the November 24, 1993,
Transportation Conformity Rule (58 FR
62188). The preamble also describes
how to establish the MVEB in the SIP
and how to revise the MVEB. Under 40
CFR 93.101, the term safety margin is
the difference between the attainment
level (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. The
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safety margin can be allocated to the
transportation sector; however, the total
emissions must remain below the
attainment level. The NOX and PM2.5
MVEBs and allocation from the safety
margin were developed in consultation
with the transportation partners and
were added to account for uncertainties
in population growth, changes in model
vehicle miles traveled, and new
emission factor models.
As part of the interagency
consultation process on setting MVEBs,
DAQ held discussions with interagency
partners to determine what years to set
MVEBs for the Kentucky portion of the
Area. As noted above, a maintenance
plan must establish MVEBs for the last
year of the maintenance plan (in this
case, 2030). See 40 CFR 93.118.
Kentucky chose to allocate 15 percent
of the available safety margin to the
NOX and VOC MVEBs for years 2020
and 2030.22 See Table 6. As discussed
above, Kentucky has selected 2014 as
the base year. The projected on-road
emissions of NOX and VOC for 2020 and
2030 are shown in Tables 7 and 8 for the
Kentucky portion of the Area. Table 9
provides the NOX and VOC MVEBs for
2020 and 2030.
TABLE 6—FIFTEEN PERCENT SAFETY MARGIN ALLOCATION FOR THE KENTUCKY PORTION OF THE CINCINNATI-HAMILTON,
OH-KY-IN AREA
[tsd]
2020 Safety
margin
allocation
2020 Safety
margin
NOX ..................................................................................................................
VOC .................................................................................................................
7.72
3.77
1.16
0.56
2030
Safety margin
2030
Safety margin
allocation
13.02
6.00
1.95
0.89
TABLE 7—ON-ROAD NOX EMISSIONS (tsd) FOR THE KENTUCKY PORTION OF THE AREA
County
2014
2017
2020
2025
2030
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
5.46
3.41
5.17
3.94
2.46
3.73
2.41
1.50
2.28
1.73
1.08
1.64
1.05
0.65
0.99
Total ..............................................................................
14.04
10.13
6.19
4.45
2.69
TABLE 8—ON-ROAD VOC EMISSIONS (tsd) FOR THE KENTUCKY PORTION OF THE AREA
County
2014
2017
2020
2025
2030
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
2.53
1.58
2.39
1.96
1.22
1.85
1.38
0.86
1.30
1.08
0.67
1.02
0.77
0.48
0.73
Total ..............................................................................
6.05
5.03
3.54
2.77
1.98
TABLE 9—MVEBS FOR THE KENTUCKY PORTION OF THE AREA
[tsd]
2020
NOX
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Projected On-Road Emissions ........................................................................
Portion of the Safety Margin Allocated to MVEB ............................................
Conformity MVEB ............................................................................................
Through this rulemaking, EPA is
proposing to approve the MVEBs for
NOX and VOC for 2020 and 2030 for the
Kentucky portion of the Area because
EPA has preliminarily determined that
the Area maintains the 2008 8-hour
ozone NAAQS with the emissions at the
levels of the budgets. If the MVEBs for
the Kentucky portion of the Area are
approved or found adequate (whichever
2030
VOC
6.19
1.16
7.35
is completed first), they must be used
for future conformity determinations.
VII. What is the status of EPA’s
adequacy determination for the
proposed NOX and VOC MVEBs for the
Kentucky portion of the area?
When reviewing submitted ‘‘control
strategy’’ SIPs or maintenance plans
containing MVEBs, EPA may
affirmatively find the MVEB contained
NOX
3.54
0.56
4.10
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2.69
1.95
4.64
1.98
0.89
2.87
therein adequate for use in determining
transportation conformity. Once EPA
affirmatively finds the submitted MVEB
is adequate for transportation
conformity purposes, that MVEB must
be used by state and federal agencies in
determining whether proposed
transportation projects conform to the
SIP as required by section 176(c) of the
CAA.
22 See pp. 22–34 of Kentucky’s submittal for
further information regarding the safety margin
allocation.
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EPA’s substantive criteria for
determining adequacy of a MVEB are set
out in 40 CFR 93.118(e)(4). The process
for determining adequacy consists of
three basic steps: Public notification of
a SIP submission, a public comment
period, and EPA’s adequacy
determination. This process for
determining the adequacy of submitted
MVEBs for transportation conformity
purposes was initially outlined in EPA’s
May 14, 1999, guidance, ‘‘Conformity
Guidance on Implementation of March
2, 1999, Conformity Court Decision.’’
EPA adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
Additional information on the adequacy
process for transportation conformity
purposes is available in the proposed
rule entitled, ‘‘Transportation
Conformity Rule Amendments:
Response to Court Decision and
Additional Rule Changes,’’ 68 FR 38974,
38984 (June 30, 2003).
As discussed earlier, Kentucky’s
maintenance plan includes NOX and
VOC MVEBs for the Kentucky portion of
the Area for an interim year (2020) and
the last year of the maintenance plan
(2030). EPA is reviewing the NOX and
VOC MVEBs through the adequacy
process described in Section I.
EPA intends to make its
determination on the adequacy of the
2020 and 2030 MVEBs for the Kentucky
portion of the Area for transportation
conformity purposes in the near future
by completing the adequacy process that
was started on December 6, 2016. If EPA
finds the 2020 and 2030 MVEBs
adequate or approves them, the new
MVEBs for NOX and VOC must be used
for future transportation conformity
determinations. For required regional
emissions analysis years that involve
2020 through 2029, the 2020 MVEBs
would then be used, and for years 2030
and beyond, the applicable budgets
would be the new 2030 MVEBs
established in the maintenance plan.
VIII. What is the effect of EPA’s
proposed actions?
EPA’s proposed actions establish the
basis upon which EPA may take final
action on the issues being proposed for
approval today. Approval of Kentucky’s
redesignation request would change the
legal designation of the portions of
Boone, Campbell, and Kenton Counties
that are within the Cincinnati-Hamilton,
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16:54 Apr 28, 2017
Jkt 241001
OH-KY-IN Area, as found at 40 CFR part
81, from nonattainment to attainment
for the 2008 8-hour ozone NAAQS.
Approval of Kentucky’s associated SIP
revision would also incorporate a plan
for maintaining the 2008 8-hour ozone
NAAQS in the Area through 2030 and
a section 182(a)(1) base year emissions
inventory for the Area into the Kentucky
SIP. The maintenance plan establishes
NOX and VOC MVEBs for 2020 and
2030 for the Kentucky portion of the
Area and includes contingency
measures to remedy any future
violations of the 2008 8-hour ozone
NAAQS and procedures for evaluation
of potential violations.
IX. Proposed Actions
EPA is proposing to: (1) Approve
Kentucky’s 2011 base year emissions
inventory for the Kentucky portion of
the Area as meeting the requirements of
182(a)(1) and incorporate this inventory
into the SIP; (2) approve the
maintenance plan for the Kentucky
portion of the Area, including the NOX
and VOC MVEBs for 2030, and
incorporate it into the Kentucky SIP;
and (3) approve Kentucky’s
redesignation request for the 2008 8hour ozone NAAQS for the Area.
Further, as part of this proposed action,
EPA is describing the status of its
adequacy determination for the NOX
and VOC MVEBs for 2020 and 2030 in
accordance with 40 CFR 93.118(f)(2). If
EPA finds the 2020 and 2030 MVEBs
adequate or approves them the
transportation partners will need to
demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR
93.104(e)(3) within 24 months from the
effective date of EPA’s adequacy
determination for the MVEBs or the
publication date for the final rule for
this action, whichever is earlier.
If finalized, approval of the
redesignation request would change the
official designation of the portions of
Boone, Campbell, and Kenton Counties
that are within the Cincinnati-Hamilton,
OH-KY-IN Area, as found at 40 CFR part
81, from nonattainment to attainment
for the 2008 8-hour ozone NAAQS.
X. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
20309
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these proposed
actions merely propose to approve state
law as meeting federal requirements and
do not impose additional requirements
beyond those imposed by state law. For
this reason, these proposed actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
E:\FR\FM\01MYP1.SGM
01MYP1
20310
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 29, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017–08643 Filed 4–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2016–0081; FRL–9961–22–
Region 3]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; State of
Delaware, District of Columbia, and
Commonwealth of Pennsylvania, City
of Philadelphia; Control of Emissions
From Existing Commercial and
Industrial Solid Waste Incinerator Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to notify the
public that it has received negative
declarations for commercial and
industrial solid waste incineration
(CISWI) units within the State of
Delaware, the District of Columbia, and
the City of Philadelphia in the
Commonwealth of Pennsylvania. These
negative declarations certify that CISWI
units subject to the requirements of
sections 111(d) and 129 of the Clean Air
Act (CAA) do not exist within the
jurisdictional boundaries of the State of
Delaware, the District of Columbia, and
the City of Philadelphia in the
Commonwealth of Pennsylvania. EPA is
accepting the negative declarations in
accordance with the requirements of the
CAA. In the Final Rules section of this
Federal Register, EPA is accepting the
negative declarations as a direct final
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. If no adverse comments are
received in response to this action, no
mstockstill on DSK30JT082PROD with PROPOSALS
SUMMARY:
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16:54 Apr 28, 2017
Jkt 241001
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
DATES: Comments must be received in
writing by May 31, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0081 at https://
www.regulations.gov, or via email to
miller.linda@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Mary Cate Opila, (215) 814–2041, or by
email at opila.marycate@epa.gov.
SUPPLEMENTARY INFORMATION: For
further information regarding the
negative declarations for CISWI units
within the State of Delaware, the
District of Columbia, and the City of
Philadelphia in the Commonwealth of
Pennsylvania, please see the
information provided in the direct final
action, with the same title, that is
located in the ‘‘Rules and Regulations’’
section of this Federal Register
publication and in the technical support
documentation for this rulemaking.
Supporting documentation, including
the technical support document, for this
action is available in the docket for this
rulemaking and available online at
www.regulations.gov.
PO 00000
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Fmt 4702
Sfmt 4702
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Commercial and
industrial solid waste incineration
units.
Dated: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017–08658 Filed 4–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 751
[EPA–HQ–OPPT–2016–0387; EPA–HQ–
OPPT–2016–0231; FRL–9961–66]
RIN 2070–AK11 and RIN 2070–AK07
Trichloroethylene; Regulation of Vapor
Degreasing Under TSCA Section 6(a);
Methylene Chloride and NMethylpyrrolidone; Regulation of
Certain Uses Under TSCA Section 6(a);
Reopening of Comment Periods
Environmental Protection
Agency (EPA).
ACTION: Notice; Reopening of comment
periods.
AGENCY:
In the Federal Register of
January 19, 2017, EPA issued two
proposed rules under section 6 of the
Toxic Substances Control Act (TSCA).
The first action proposed to prohibit the
manufacture (including import),
processing, and distribution in
commerce of trichloroethylene (TCE) for
use in vapor degreasing; to prohibit the
use of TCE in vapor degreasing; to
require manufacturers (including
importers), processors, and distributors,
except for retailers, of TCE for any use
to provide downstream notification of
these prohibitions throughout the
supply chain; and to require limited
recordkeeping. The second action
proposed to prohibit the manufacture
(including import), processing, and
distribution in commerce of methylene
chloride and N-methylpyrrolidone
(NMP) for consumer and most types of
commercial paint and coating removal;
to prohibit the use of methylene
chloride and NMP in these commercial
uses; to require manufacturers
(including importers), processors, and
distributors, except for retailers, of
methylene chloride and NMP for any
use to provide downstream notification
of these prohibitions throughout the
supply chain; and to require
SUMMARY:
E:\FR\FM\01MYP1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20297-20310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08643]
[[Page 20297]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2016-0601; FRL-9961-32-Region 4]
Air Plan Approval and Designation of Areas; KY; Redesignation of
the Kentucky Portion of the Cincinnati-Hamilton 2008 8-Hour Ozone
Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On August 26, 2016, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality
(DAQ), submitted a request for the Environmental Protection Agency
(EPA) to redesignate the Kentucky portion of the tri-state Cincinnati-
Hamilton, Ohio-Kentucky-Indiana 2008 8-hour ozone nonattainment area
(hereinafter referred to as the ``Cincinnati-Hamilton, OH-KY-IN Area''
or ``Area'') to attainment for the 2008 8-hour ozone National Ambient
Air Quality Standards (NAAQS) and to approve the portions of the State
Implementation Plan (SIP) revision containing a maintenance plan and
base year emissions inventory for the Area. EPA is proposing to approve
the Commonwealth's base year emissions inventory for the Kentucky
portion of the Area; to approve the Commonwealth's plan for maintaining
attainment of the 2008 8-hour ozone NAAQS in the Area, including motor
vehicle emission budgets (MVEBs) for nitrogen oxides (NOx) and volatile
organic compounds (VOC) for the years 2020 and 2030 for the Kentucky
portion of the Area; and to redesignate the Kentucky portion of the
Area to attainment for the 2008 8-hour ozone NAAQS. Through separate
actions, EPA has approved the redesignation request and maintenance
plan for the Ohio portion of the Area and has proposed to approve the
redesignation request and maintenance plan for the Indiana portion of
the Area.
DATES: Comments must be received on or before May 31, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0601 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Richard Wong may be reached by phone at (404) 562-8726 or
via electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the redesignation request and August
26, 2016, SIP submission?
VI. What is EPA's analysis of Kentucky's proposed NOX and
VOC MVEBs for the Kentucky portion of the area?
VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for the Kentucky portion of
the area?
VIII. What is the effect of EPA's proposed actions?
IX. Proposed actions
X. Statutory and executive order reviews
I. What are the actions EPA is proposing to take?
EPA is proposing to take the following three separate, but related,
actions: (1) To approve the base year emissions inventory for the 2008
8-hour ozone NAAQS for the Kentucky portion of the Area and incorporate
it into the Kentucky SIP; (2) to approve Kentucky's plan for
maintaining the 2008 8-hour ozone NAAQS (maintenance plan), including
the associated MVEBs for the Kentucky portion of the Area, and
incorporate it into the SIP; and (3) to redesignate the Kentucky
portion of the Area to attainment for the 2008 8-hour ozone NAAQS. The
Cincinnati-Hamilton, OH-KY-IN Area is composed of portions of Boone,
Campbell, and Kenton Counties in Kentucky; Butler, Clermont, Clinton,
Hamilton, and Warren Counties in Ohio; and a portion of Dearborn County
in Indiana. These proposed actions are summarized below and described
in greater detail throughout this notice of proposed rulemaking.
Based on the 2008 8-hour ozone NAAQS nonattainment designation for
the Area, Kentucky was required to develop a nonattainment SIP revision
addressing certain CAA requirements. Among other things, the
Commonwealth was required to submit a SIP revision addressing base year
emissions inventory requirements pursuant to CAA section 182(a)(1) for
its portion of the Area. EPA is proposing to approve Kentucky's 2011
base year inventory as satisfying section 182(a)(1).
EPA is also proposing to approve Kentucky's maintenance plan for
its portion of the Area as meeting the requirements of section 175A
(such approval being one of the Clean Air Act (CAA or Act) criteria for
redesignation to attainment status). The maintenance plan is designed
to keep the Area in attainment of the 2008 8-hour ozone NAAQS through
2030. The maintenance plan includes 2020 and 2030 MVEBs for NOx and VOC
for the Kentucky portion of the Area for transportation conformity
purposes. EPA is proposing to approve these MVEBs and incorporate them
into the Kentucky SIP.
EPA also proposes to determine that the Kentucky portion of the
Area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. Accordingly, in this action, EPA is proposing
to approve a request to change the legal designation of the portions of
Boone, Campbell, and Kenton Counties within the Kentucky portion of the
Area, as found at 40 CFR part 81, from nonattainment to attainment for
the 2008 8-hour ozone NAAQS.
EPA is also notifying the public of the status of EPA's adequacy
process for the MVEBs for the Kentucky portion of the Area. The
Adequacy comment period began on December 6, 2016, with EPA's posting
of the availability of Kentucky's submissions on EPA's Adequacy Web
site (https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa#cincinnati-hamilton-(KY)). The Adequacy comment period for these MVEBs closed on
January 5, 2017. No comments, adverse or otherwise, were received
during the Adequacy comment period.
[[Page 20298]]
Please see section VII of this proposed rulemaking for further
explanation of this process and for more details on the MVEBs.
In summary, today's notice of proposed rulemaking is in response to
Kentucky's August 26, 2016, redesignation request and associated SIP
submission that address the specific issues summarized above and the
necessary elements described in section 107(d)(3)(E) of the CAA for
redesignation of the Kentucky portion of the Cincinnati-Hamilton, OH-
KY-IN Area to attainment for the 2008 8-hour ozone NAAQS.\1\
---------------------------------------------------------------------------
\1\ While Kentucky's transmittal letter is dated August 5, 2016,
the submission was not officially provided to EPA for action until
August 26, 2016.
---------------------------------------------------------------------------
II. What is the background for EPA's proposed actions?
On March 12, 2008, EPA revised both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per million (ppm) to provide
increased protection of public health and the environment. See 73 FR
16436 (March 27, 2008). The 2008 ozone NAAQS retains the same general
form and averaging time as the 0.08 ppm NAAQS set in 1997, but is set
at a more protective level. Under EPA's regulations at 40 CFR part 50,
the 2008 8-hour ozone NAAQS is attained when the 3-year average of the
annual fourth highest daily maximum 8-hour average ambient air quality
ozone concentrations is less than or equal to 0.075 ppm. See 40 CFR
50.15.
Effective July 20, 2012, EPA designated any area that was violating
the 2008 8-hour ozone NAAQS based on the three most recent years (2008-
2010) of air monitoring data as a nonattainment area. See 77 FR 30088
(May 21, 2012). The Cincinnati-Hamilton, OH-KY-IN Area was designated
as a marginal ozone nonattainment area. See 40 CFR 81.318. Areas that
were designated as marginal nonattainment areas were required to attain
the 2008 8-hour ozone NAAQS no later than July 20, 2015, based on 2012-
2014 monitoring data. On May 4, 2016 (81 FR 26697), EPA published its
determination that the Area had attained the 2008 8-hour ozone NAAQS by
the attainment deadline.
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A; and (5) the state containing such area has met all
requirements applicable to the area for purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignation in the
General Preamble for the Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498), and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division,
June 18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereinafter referred to as
the ``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
6. ``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum
from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994 (hereinafter referred to as the ``Nichols Memorandum'');
and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.
IV. Why is EPA proposing these actions?
On August 26, 2016, Kentucky requested that EPA redesignate the
Kentucky portion of the Area to attainment for the 2008 8-hour ozone
NAAQS and approve the associated SIP revision submitted on the same
date containing the base year inventory and the maintenance plan for
the Kentucky portion of the Area. As mentioned above, on May 4, 2016
(81 FR 26697), EPA determined that the entire Cincinnati-Hamilton, OH-
KY-IN Area attained the 2008 8-hour ozone NAAQS by the attainment date
based on 2012-2014 data. On December 16, 2016 (81 FR 91035), in
redesignating the Ohio portion of the Area to attainment, EPA
determined that the entire Area continued to attain the standard based
on 2013-2015 data.\2\ EPA's evaluation indicates that the Kentucky
portion of the Area meets the requirements for redesignation as set
forth in section 107(d)(3)(E), including the maintenance plan
requirements under section 175A of the CAA. Also, based on Kentucky's
August 26, 2016, submittal, EPA is proposing to determine that the base
year emissions inventory, included in Kentucky's August 26, 2016,
submittal, meets the requirements under CAA section 182(a)(1). Approval
of the base year emissions inventory is a prerequisite to redesignating
an ozone nonattainment area to attainment. As a result of these
proposed findings, EPA is proposing to take the actions summarized in
section I of this notice.
---------------------------------------------------------------------------
\2\ EPA has also proposed to redesignate the Indiana portion of
the Area. See 81 FR 95081 (December 27, 2016).
---------------------------------------------------------------------------
V. What is EPA's analysis of the redesignation request and August 26,
2016, SIP submission?
As stated above, in accordance with the CAA, EPA proposes to: (1)
Approve the 2008 8-hour ozone NAAQS base year emissions inventory for
the
[[Page 20299]]
Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN Area and
incorporate it into the SIP; (2) approve Kentucky's 2008 8-hour ozone
NAAQS maintenance plan, including the associated MVEBs, and incorporate
it into the Kentucky SIP; and (3) redesignate the Kentucky portion of
the Area to attainment for the 2008 8-hour ozone NAAQS. The five
redesignation criteria provided under CAA section 107(d)(3)(E) are
discussed in greater detail for the Kentucky portion of the Area in
section V.B, below.
A. Emissions Inventory
Section 182(a)(1) of the CAA requires states to submit a
comprehensive, accurate, and current inventory of actual emissions from
all sources of the relevant pollutant or pollutants in each ozone
nonattainment area. The section 182(a)(1) base year emissions inventory
is defined in the SIP Requirements Rule \3\ as ``a comprehensive,
accurate, current inventory of actual emissions from sources of NOx and
VOC emitted within the boundaries of the nonattainment area as required
by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The inventory year
must be selected consistent with the baseline year for an RFP plan as
required by 40 CFR 51.1110(b),\4\ and the inventory must include actual
ozone season day emissions as defined in 40 CFR 51.1100(cc) \5\ and
contain data elements consistent with the detail required by 40 CFR
part 51, subpart A. See 40 CFR 51.1115(a), (c), (e). In addition, the
point source emissions included in the inventory must be reported
according to the point source emissions thresholds of the Air Emissions
Reporting Requirements (AERR) in 40 CFR part 51, subpart A. See 40 CFR
51.1115(d).
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\3\ On March 6, 2015, EPA finalized a rule entitled
``Implementation of the 2008 National Ambient Air Quality Standards
for Ozone: State Implementation Plan Requirements'' (SIP
Requirements Rule) that establishes the requirements that state,
tribal, and local air quality management agencies must meet as they
develop implementation plans for areas where air quality exceeds the
2008 8-hour ozone NAAQS. See 80 FR 12264.
\4\ 40 CFR 51.1110(b) states that ``at the time of designation
for the 2008 ozone NAAQS the baseline emissions inventory shall be
the emissions inventory for the most recent calendar year for which
a complete triennial inventory is required to be submitted to EPA
under the provisions of subpart A of this part. States may use an
alternative baseline emissions inventory provided the state
demonstrates why it is appropriate to use the alternative baseline
year, and provided that the year selected is between the years 2008
to 2012.''
\5\ ``Ozone season day emissions'' is defined as ``an average
day's emissions for a typical ozone season work weekday. The state
shall select, subject to EPA approval, the particular month(s) in
the ozone season and the day(s) in the work week to be represented,
considering the conditions assumed in the development of RFP plans
and/or emissions budgets for transportation conformity.'' See 40 CFR
51.1100(cc).
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Kentucky selected 2011 as the base year for the CAA section
182(a)(1) emissions inventory which is the year corresponding with the
first triennial inventory under 40 CFR part 51, subpart A. The
emissions inventory is based on data developed and submitted by DAQ to
EPA's 2011 National Emissions Inventory (NEI), and it contains data
elements consistent with the detail required by 40 CFR part 51, subpart
A.\6\
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\6\ Data downloaded from the EPA EIS from the 2011 NEI was
subjected to quality assurance procedures described under quality
assurance details under 2011 NEI Version 1 Documentation located at:
https://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc.
The quality assurance and quality control procedures and measures
associated with this data are outlined in the State's EPA-approved
Emission Inventory Quality Assurance Project Plan.
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Kentucky's emissions inventory for its portion of the Area provides
2011 anthropogenic emissions data for NOX and VOC for the
following general source categories: point (Electric Generating Units
and Non-Electric Generating Units and aircraft emissions),\7\ area,
non-road mobile, on-road mobile. All emissions information provided is
based on the partial county boundaries, through the applicable census
tracts, that comprise the Kentucky portion of the Area. Table 1, below,
provides a summary of the emissions inventory.
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\7\ The emissions inventories in Kentucky's submission identify
aircraft emissions as a standalone category and refer to these
emissions as ``air emissions'' for consistency with the inventories
provided by Indiana and Ohio for their respective portions of the
Area. Indiana Department of Environmental Management (IDEM) provided
aircraft emissions data for Kentucky, and Kentucky included these
emissions in Boone County where the Cincinnati/Northern Kentucky
International Airport is located. EPA has included these emissions
within the point source category per the AERR.
Table 1--2011 Point, Area, Non-Road Mobile, and On-Road Mobile Sources Emissions for the Kentucky Portion of the Area
[tons per typical summer day (tsd)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point ** Area Non-road mobile On-road mobile
County * -------------------------------------------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boone County.................................... 9.23 2.15 0.43 2.66 1.06 1.49 6.90 3.30
Campbell County................................. 0.17 0.22 0.49 1.29 0.38 0.40 4.30 2.05
Kenton County................................... 0.01 0.51 1.02 2.51 0.77 0.62 6.53 3.12
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Nonattainment portion of each county.
** Includes aircraft emissions.
NOX and VOC emissions were calculated for a typical
summer July day, taking into account the seasonal adjustment factor for
summer operations. More detail on the inventory emissions for
individual sources categories is provided below and in Appendix C-1 to
Kentucky's August 26, 2016, SIP submittal.
Point sources are large, stationary, identifiable sources of
emissions that release pollutants into the atmosphere. The inventory
contains actual point source emissions data for facilities located
within the nonattainment boundary for the Kentucky portion of the Area
based on the Kentucky Emissions Inventory database.\8\
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\8\ As discussed above, EPA has included aircraft emissions
within the point source category per the AERR.
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Area sources are small emission stationary sources which, due to
their large number, collectively have significant emissions (e.g., dry
cleaners, service stations). Emissions for these sources were estimated
by multiplying an emission factor by such indicators of collective
emissions activity as production, number of employees, or population.
Indiana Department of Environmental Management (IDEM) provided area
source emissions data for each county data for in the entire Area. Data
was obtained from the Ozone NAAQS Emissions Modeling Platform (2011
v6.1).
On-road mobile sources include vehicles used on roads for
transportation of passengers or freight. Kentucky developed its on-road
emissions inventory using EPA's Motor
[[Page 20300]]
Vehicle Emissions Simulator (MOVES) model with input data from the
Ohio-Kentucky-Indiana Regional Council of Governments (OKI).\9\ County
level on-road modeling was conducted using county-specific vehicle
population and other local data. Kentucky developed its inventory
according to the current EPA emissions inventory guidance for on-road
mobile sources using MOVES version 2014.
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\9\ Kentucky used MOVES2014 technical guidance: Using MOVES to
Prepare Emission Inventories in State Implementation Plans and
Transportation Conformity, EPA-420-b-15-007 (January 2015).
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Non-road mobile sources include vehicles, engines, and equipment
used for construction, agriculture, recreation, and other purposes that
do not use roadways (e.g., lawn mowers, construction equipment, and
railroad locomotives). IDEM provided non-road mobile source emissions
data for each county in the Area. Data was obtained from the Ozone
NAAQS Emissions Modeling Platform (2011 v6.1).
For the reasons discussed above, EPA proposes to determine that
Kentucky's emissions inventory meets the requirements under CAA section
182(a)(1) and the SIP Requirements Rule for the 2008 8-hour ozone
NAAQS. Approval of Kentucky's redesignation request is contingent upon
EPA's final approval of the base year emissions inventory for the 2008
8-hour ozone NAAQS.
B. Redesignation Request and Maintenance Demonstration
In accordance with the CAA, EPA proposes to approve the 2008 8-hour
ozone NAAQS maintenance plan, including the associated MVEBs, and
incorporate it into the Kentucky SIP and to redesignate the Kentucky
portion of the Area to attainment for the 2008 8-hour ozone NAAQS. The
five redesignation criteria provided under the CAA section 107(d)(3)(E)
are discussed in greater detail for the Area in the following
paragraphs in this section.
Criteria (1)--The Cincinnati-Hamilton, OH-KY-IN Area has attained
the 2008 8-hour ozone NAAQS.
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS. See CAA section 107(d)(3)(E)(i)). For ozone, an area may be
considered to be attaining the 2008 8-hour ozone NAAQS if it meets the
2008 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.15
and Appendix I of part 50, based on three complete, consecutive
calendar years of quality-assured air quality monitoring data. To
attain this NAAQS, the 3-year average of the fourth-highest daily
maximum 8-hour average ozone concentrations measured at each monitor
within an area over each year must not exceed 0.075 ppm. Based on the
data handling and reporting convention described in 40 CFR part 50,
Appendix I, the NAAQS are attained if the design value is 0.075 ppm or
below. The data must be collected and quality-assured in accordance
with 40 CFR part 58 and recorded in EPA's Air Quality System (AQS). The
monitors generally should have remained at the same location for the
duration of the monitoring period required for demonstrating
attainment.
On May 4, 2016 (81 FR 26697), EPA determined that the Cincinnati-
Hamilton, OH-KY-IN Area attained the 2008 8-hour ozone NAAQS by the
attainment date. In that action, EPA reviewed complete, quality-
assured, and certified monitoring data from monitoring stations in the
Area for the 2008 8-hour ozone NAAQS for 2012 through 2014 and
determined that the design values for each monitor in the Area are less
than the standard of 0.075 ppm for that time period. Further, on
December 16, 2016, in association with the redesignation of the Ohio
portion of the Area, EPA determined that the Area continued to attain
the 2008 8-hour ozone NAAQS based on complete, quality-assured, and
certified monitoring data from 2013 through 2015. See 81 FR 91035. The
fourth-highest 8-hour ozone values at each monitor for 2012, 2013,
2014, 2015, and the 3-year averages of these values (i.e., design
values), are summarized in Table 2, below. The 3-year design value for
2013-2015 for the Cincinnati-Hamilton, OH-KY-IN Area is 0.071 ppm,\10\
which meets the NAAQS.
---------------------------------------------------------------------------
\10\ The design value for an area is the highest 3-year average
of the annual fourth-highest daily maximum 8-hour concentration
recorded at any monitor in the area.
Table 2--Monitoring Data and Design Value Concentrations for the Cincinnati-Hamilton, OH-KY-IN Area
[ppm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
4th Highest 8-hour ozone value (ppm) 3-Year design 3-Year design
---------------------------------------------------------------- values (ppm) values (ppm)
Location Site ID -------------------------------
2012 2013 2014 2015 2012-2014 2013-2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boone, KY............................... 21-015-0003 0.074 0.059 0.062 0.062 0.065 0.061
Campbell, KY............................ 21-037-3002 0.084 0.072 0.071 0.071 0.075 0.071
Butler, OH.............................. 39-017-0004 0.083 0.068 0.070 0.070 0.073 0.069
Butler, OH.............................. 39-017-0018 0.084 0.068 0.069 0.070 0.073 0.069
Butler, OH.............................. 39-017-9991 0.085 0.069 0.069 0.068 0.074 0.068
Clermont, OH............................ 39-025-0022 0.091 0.066 0.068 0.070 0.075 0.068
Clinton, OH............................. 39-027-1002 0.086 0.064 0.070 0.070 0.073 0.068
Hamilton, OH............................ 39-061-0006 0.087 0.069 0.070 0.072 0.075 0.070
Hamilton, OH............................ 39-061-0010 0.083 0.064 0.073 0.070 0.073 0.069
Hamilton, OH............................ 39-061-0040 0.082 0.069 0.069 0.071 0.073 0.069
Warren, OH.............................. 39-165-0007 0.080 0.067 0.071 0.071 0.072 0.069
--------------------------------------------------------------------------------------------------------------------------------------------------------
For this proposed action, EPA has reviewed 2016 preliminary
monitoring data for the Area and proposes to find that the preliminary
data does not indicate a violation of the NAAQS.\11\ EPA will not take
final action to approve the redesignation if the 3-year design value
exceeds the NAAQS prior to EPA finalizing the redesignation. As
discussed in more detail below, the Commonwealth of Kentucky has
committed to continue monitoring in the Kentucky portion of the Area in
accordance with 40 CFR part 58.
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\11\ This data is available at EPA's air data Web site: https://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily.
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[[Page 20301]]
Criteria (2)--Kentucky has a fully approved SIP under section
110(k) for the Kentucky portion of the Area; and Criteria (5)--Kentucky
has met all applicable requirements under section 110 and part D of
title I of the CAA.
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Kentucky has met all applicable SIP requirements
for the Kentucky portion of the Area under section 110 of the CAA
(general SIP requirements) for purposes of redesignation. Additionally,
EPA proposes to find that, if EPA approves the base year emissions
inventory, the Kentucky SIP satisfies the criterion that it meets
applicable SIP requirements for purposes of redesignation under part D
of title I of the CAA in accordance with section 107(d)(3)(E)(v) and
the SIP is fully approved with respect to all requirements applicable
for purposes of redesignation in accordance with section
107(d)(3)(E)(ii). In making these proposed determinations, EPA
ascertained which requirements are applicable to the Area and, if
applicable, that they are fully approved under section 110(k). SIPs
must be fully approved only with respect to requirements that were
applicable prior to submittal of the complete redesignation request.
a. The Kentucky Portion of the Cincinnati-Hamilton, OH-KY-IN Area Has
Met All Applicable Requirements Under Section 110 and Part D of the CAA
General SIP requirements. General SIP elements and requirements are
delineated in section 110(a)(2) of title I, part A of the CAA. These
requirements include, but are not limited to, the following: Submittal
of a SIP that has been adopted by the state after reasonable public
notice and hearing; provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (NSR permit programs); provisions for air pollution
modeling; and provisions for public and local agency participation in
planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
In addition, EPA believes that other section 110(a)(2) elements
that are neither connected with nonattainment plan submissions nor
linked with an area's attainment status are not applicable requirements
for purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated. The section 110(a)(2) and
part D requirements which are linked with a particular area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request. This approach is consistent with
EPA's existing policy on applicability (i.e., for redesignations) of
conformity and oxygenated fuels requirements, as well as with section
184 ozone transport requirements. See Reading, Pennsylvania, proposed
and final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR
24826, May 7, 2008); Cleveland-Akron-Loraine, Ohio, final rulemaking
(61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking at (60
FR 62748, December 7, 1995). See also the discussion on this issue in
the Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and
in the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October
19, 2001).
Title I, Part D, applicable SIP requirements. Section 172(c) of the
CAA sets forth the general nonattainment plan requirements for
nonattainment areas. Subpart 2 of part D, which includes section 182 of
the CAA, establishes specific requirements for ozone nonattainment
areas depending on the area's nonattainment classification. In marginal
ozone nonattainment area such as the Cincinnati-Hamilton, OH-KY-IN
Area, the specific requirements of section 182(a) apply in lieu of the
demonstration of attainment and contingency measures required by
section 172(c). See 42 U.S.C. 7511a(a). The 182(a) elements and the
remaining 172(c) elements that apply to the Area are addressed below. A
thorough discussion of the requirements contained in sections 172(c)
and 182 can be found in the General Preamble for Implementation of
Title I (57 FR 13498).
Section 172(c) Requirements. Section 172(c)(3) requires submission
and approval of a comprehensive, accurate, and current inventory of
actual emissions. This requirement is superseded by the inventory
requirement in section 182(a)(1) discussed below.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in a
nonattainment area, and section 172(c)(5) requires permits for the
construction and operation of new and modified major stationary sources
in the area. EPA has determined that, since PSD requirements will apply
after redesignation, areas being redesignated need not comply with the
requirement that a NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the NAAQS without
part D NSR. A more detailed rationale for this view is described in the
Nichols Memorandum. See also rulemakings for the Illinois portion of
the St. Louis Area (77 FR 34819, 34826, June 12, 2012); Louisville,
Kentucky (66 FR 53665, 53669, October 23, 2001); Grand Rapids, Michigan
(61 FR 31831, 31834-31837, June 21, 1996); Cleveland-Akron-Lorain, Ohio
(61 FR 20458, 20469-20470, May 7, 1996); Detroit, Michigan (60 FR
12459, 12467-12468, March 7, 1995). Kentucky has demonstrated that the
Area will be able to maintain the standard without part D NSR in
effect; therefore, EPA concludes that the Commonwealth need not have a
fully approved part D NSR program prior to approval of the
redesignation request. Kentucky's PSD program will become effective in
the Area upon redesignation to attainment.
Section 182(a) Requirements. Section 182(a)(1) requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions from sources of NOX and VOC emitted within the
boundaries of the ozone nonattainment area. Kentucky provided a base
year emissions inventory for its portion of the Area to EPA in the
August
[[Page 20302]]
26, 2016, SIP submission to address the section 182(a)(1) requirements
for the Kentucky portion of the Area. As discussed in Section V.A
above, EPA is proposing to approve Kentucky's 2011 base year emissions
inventory in today's proposed action. Kentucky's section 182(a)(1)
inventory must be approved before EPA can take final action to approve
the Commonwealth's redesignation request for the Kentucky portion of
the Area.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC RACT rules that were required under
section 172(b)(3) of the CAA (and related guidance) prior to the 1990
CAA amendments. The Area is not subject to the section 182(a)(2) RACT
``fix up'' because the Area was designated as nonattainment after the
enactment of the 1990 CAA amendments. Furthermore, the Commonwealth
complied with this requirement under the 1-hour ozone NAAQS. See 59 FR
32343 (June 23, 1994) and 60 FR 31087 (June 13, 1995).
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented, or was required to implement, an
inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision providing for an I/M program no
less stringent than that required prior to the 1990 amendments or
already in the SIP at the time of the amendments, whichever is more
stringent. The Kentucky portion of the Area is not subject to the
section 182(a)(2)(B) requirement because it was designated as
nonattainment after the enactment of the 1990 CAA amendments and did
not have an I/M program in place prior to those amendments.
Regarding the permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4), EPA has determined that areas being
redesignated need not comply with the requirement that a NSR program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the NAAQS without part D NSR, because PSD requirements
will apply after redesignation. As discussed above, Kentucky has a PSD
program and has demonstrated that the Area will be able to maintain the
standard without part D NSR in effect. Therefore, EPA concludes that
the Commonwealth need not have a fully approved part D NSR program
prior to approval of the redesignation request.
Section 182(a)(3) requires states to submit periodic inventories
and emissions statements. Section 182(a)(3)(A) requires states to
submit a periodic inventory every three years. As discussed below in
the section of this notice titled Criteria (4)(e), Verification of
Continued Attainment, the Commonwealth will continue to update its
emissions inventory at least once every three years. Under section
182(a)(3)(B), each state with an ozone nonattainment area must submit a
SIP revision requiring emissions statements to be submitted to the
state by sources within that nonattainment area. Kentucky provided a
SIP revision to EPA on November 18, 2015, addressing the section
182(a)(3)(B) emissions statements requirement, and on January 28, 2016
(81 FR 4896), EPA published a final rule approving this SIP revision.
Section 176 Conformity Requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally-supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs, and projects that
are developed, funded, or approved under title 23 of the United States
Code (U.S.C.) and the Federal Transit Act (transportation conformity)
as well as to all other federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with federal conformity regulations relating to
consultation, enforcement, and enforceability that EPA promulgated
pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \12\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and federal conformity rules apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation
of Tampa, Florida). Nonetheless, Kentucky has an approved conformity
SIP for the Kentucky portion of the Area. See 76 FR 20780 (April 21,
2010). Thus, EPA proposes that the Kentucky portion of the Cincinnati-
Hamilton, OH-KY-IN Area has satisfied all applicable requirements for
purposes of redesignation under section 110 and part D of title I of
the CAA.
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\12\ CAA section 176(c)(4)(E) requires states to submit
revisions to their SIPs to reflect certain federal criteria and
procedures for determining transportation conformity. Transportation
conformity SIPs are different from the MVEBs that are established in
control strategy SIPs and maintenance plans.
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b. The Kentucky Portion of the Cincinnati-Hamilton, OH-KY-IN Area Has a
Fully Approved Applicable SIP Under Section 110(k) of the CAA
EPA has fully approved the Commonwealth's SIP for the Kentucky
portion of the Area under section 110(k) of the CAA for all
requirements applicable for purposes of redesignation with the
exception of the 182(a)(1) emissions inventory. In today's proposed
action, EPA is proposing to approve the Commonwealth's emissions
inventory for the Kentucky portion of the Area and incorporate it into
the Kentucky SIP.
EPA may rely on prior SIP approvals in approving a redesignation
request (see Calcagni Memorandum at p. 3; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir. 1998); Wall,
265 F.3d 426) plus any additional measures it may approve in
conjunction with a redesignation action (see 68 FR 25426 (May 12, 2003)
and citations therein). Kentucky has adopted and submitted, and EPA has
approved at various times, provisions addressing various SIP elements
applicable for the ozone NAAQS (78 FR 14681, March 7, 2013, and 79 FR
65143, November 3, 2014).
As discussed above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of redesignation. With the exception of the section 182(a)(1)
emissions inventory requirement, which is addressed in this proposal,
EPA has approved all part D requirements applicable for purposes of
this proposed redesignation.
Criteria (3)--The air quality improvement in the Cincinnati-
Hamilton, OH-KY-IN Area is due to permanent and enforceable reductions
in emissions resulting from implementation of the SIP and applicable
federal air pollution control regulations and other permanent and
enforceable reductions.
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, applicable federal air pollution
control regulations, and other permanent and enforceable reductions.
See CAA section 107(d)(3)(E)(iii). EPA has preliminarily determined
that Kentucky has
[[Page 20303]]
demonstrated that the observed air quality improvement in the
Cincinnati-Hamilton, OH-KY-IN Area is due to permanent and enforceable
reductions in emissions resulting from federal measures and is not the
result of unusually favorable weather conditions.
An analysis performed by the Lake Michigan Air Directors Consortium
(LADCO) supports the Commonwealth's conclusion that the improvement in
air quality is due to permanent and enforceable emission reductions and
not favorable meteorology.\13\ A classification and regression tree
(CART) analysis was conducted with 2000 through 2014 data from three
ozone monitoring sites in the Area. The goal of the analysis was to
determine the meteorological and air quality conditions associated with
ozone episodes, and construct trends for the days identified as sharing
similar meteorological conditions. Regression trees were developed for
the three monitors to classify each summer day by its ozone
concentration and associated meteorological conditions. By grouping
days with similar meteorology, the influence of meteorological
variability on the underlying trend in ozone concentrations is
partially removed and the remaining trend is presumed to be due to
trends in precursor emissions or other non-meteorological influences.
The CART analysis showed the resulting trends in ozone concentrations
declining over the period examined, supporting the conclusion that the
improvement in air quality was not due to unusually favorable
meteorology.
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\13\ Ohio included the LADCO analysis as part of its
redesignation request and associated SIP revision for the Ohio
portion of the Area. These materials are available at Docket No.
EPA-R05-OAR-2016-0269.
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In addition, EPA evaluated temperatures and precipitation during
the 2012-2015 ozone seasons for comparison to long-term climatological
normals. Table 3, below, provides temperature and precipitation data
for the Area for the 2012-2015 period. This data was obtained from the
National Oceanic and Atmospheric Administration's National Centers for
Environmental Information (NCEI). Specifically, Table 3 provides
overall average and average maximum ozone season temperatures and total
ozone season precipitation; deviation from the mean 1948-2000 base
period ozone season temperature and precipitation (termed the
``anomaly''); and the rank of each year from the 69-year (1948-2016)
period. A rank of 69 is given to the hottest or wettest year.
Table 3--Cincinnati, Ohio Temperature and Precipitation Ozone Season (May-September) Data
----------------------------------------------------------------------------------------------------------------
Years
---------------------------------------------------------------
2012 2013 2014 2015
----------------------------------------------------------------------------------------------------------------
Average May-September Temperature [[deg]F]...... 73.0 71.1 70.6 71.4
Anomaly from the long-term average [70.3 [deg]F] 2.7 0.8 0.3 1.1
Rank [since 1948, scale of 1-69] 1=coolest 65 47 35 52
69=warmest.....................................
Average maximum May-September temperature 84.5 80.7 80.6 81.6
[[deg]F].......................................
Anomaly from the long-term average maximum [81 3.5 -0.3 -0.4 0.6
[deg]F]........................................
Rank [since 1948, scale of 1-69] 1=coolest 67 29 28 42
69=warmest.....................................
Precipitation [inches].......................... 15.61 24.04 19.05 18.64
Anomaly from the long-term average [18.27 -2.66 5.77 0.78 0.37
inches]........................................
Rank [since 1948, scale of 1-69] 1=driest 17 63 42 38
69=wettest.....................................
----------------------------------------------------------------------------------------------------------------
The data in Table 3 indicates that the 2012 ozone season had
maximum daily temperatures well above normal while 2013-2015 had
maximum daily temperatures near normal (within a degree of normal).
Average maximum temperatures during the 2012 ozone season were the
third warmest from the period of record (1948-2016). Overall average
ozone season temperatures during the 2012-2015 period ranged from 0.3
to 2.7 degrees above normal. Total precipitation during the 2012 ozone
season was below normal, the 2013 ozone season had above normal
precipitation, and the 2014 and 2015 ozone seasons had near normal
precipitation (within an inch of normal). Therefore, the 2012-2015
period does not appear to have been abnormally conducive to reduced
ozone formation and further supports the conclusion that the
improvement in air quality was not due to unusually favorable
meteorology.
Federal measures enacted in recent years have resulted in permanent
emission reductions in the Area. The federal measures that have been
implemented include the following:
Tier 2 Vehicle and Fuel Standards. On February 10, 2000 (65 FR
6698), EPA promulgated Tier 2 motor vehicle emission standards and
gasoline sulfur control requirements.\14\ These emission control
requirements result in lower VOC and NOX emissions from new
cars and light duty trucks, including sport utility vehicles. With
respect to fuels, this rule required refiners and importers of gasoline
to meet lower standards for sulfur in gasoline, which were phased in
between 2004 and 2006. By 2006, refiners were required to meet a 30 ppm
average sulfur level, with a maximum cap of 80 ppm. This reduction in
fuel sulfur content ensures the effectiveness of low emission-control
technologies. The Tier 2 tailpipe standards established in this rule
were phased in for new vehicles between 2004 and 2009. EPA estimates
that, when fully implemented, this rule will cut NOX and VOC
emissions from light-duty vehicles and light-duty trucks by
approximately 76 and 28 percent, respectively. NOX and VOC
reductions from medium-duty passenger vehicles included as part of the
Tier 2 vehicle program are estimated to be approximately 37,000 and
9,500 tons per year, respectively, when fully implemented. In addition,
EPA estimates that beginning in 2007, a reduction of 30,000 tons per
year of NOX will result from the benefits of sulfur control
on heavy-duty gasoline vehicles. Some of these emission reductions
occurred by the attainment years and additional emission reductions
will occur throughout the maintenance period, as older vehicles are
replaced with newer, compliant model years.
---------------------------------------------------------------------------
\14\ Kentucky also identified Tier 3 Motor Vehicle Emissions and
Fuel Standards a federal measure. EPA issued this rule in April 28,
2014 (79 FR 23414), which applies to light duty passenger cars and
trucks. EPA promulgated this rule to reduce air pollution from new
passenger cars and trucks beginning in 2017. While the reductions
did not aid the Area in attaining the standard, emissions reductions
from these standards will occur during the maintenance period.
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[[Page 20304]]
Non-Road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for non-road diesel engines and
sulfur reductions in non-road diesel fuel. This rule applies to diesel
engines used primarily in construction, agricultural, and industrial
applications. The rule is being phased in between 2008 through 2015,
and when fully implemented, will reduce emissions of NOX,
VOC, particulate matter, and carbon monoxide from these engines. It is
estimated that compliance with this rule will cut NOX
emissions from non-road diesel engines by up to 90 percent nationwide.
Heavy-Duty Diesel Engine Rules. In July 2000,\15\ EPA issued a rule
for on-highway heavy-duty diesel engines that includes standards
limiting the sulfur content of diesel fuel. Emissions standards for
NOX, VOC and PM were phased in between model years 2007 and
2010. In addition, the rule reduced the highway diesel fuel sulfur
content to 15 parts per million by 2007, leading to additional
reductions in combustion NOX and VOC emissions. EPA has
estimated future year emission reductions due to implementation of this
rule. Nationally, EPA estimated that 2015 NOX and VOC
emissions will decrease by 1,260,000 tons and 54,000 tons,
respectively, and that 2030 NOX and VOC emissions will
decrease by 2,570,000 tons and 115,000 tons, respectively.
---------------------------------------------------------------------------
\15\ See 66 FR 5002 for further discussion.
---------------------------------------------------------------------------
Non-road Spark-Ignition Engines and Recreational Engines Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards were
phased in from model year 2004 through 2012. When all of the non-road
spark-ignition and recreational engine standards are fully implemented,
an overall 72 percent reduction in hydrocarbons, 80 percent reduction
in NOX, and 56 percent reduction in carbon monoxide
emissions are expected by 2020. These controls reduce ambient
concentrations of ozone, carbon monoxide, and fine particulate matter.
National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Reciprocating Internal Combustion Engines. On March 3, 2010 (75 FR
9648), EPA issued a rule to reduce hazardous air pollutants from
existing diesel powered stationary reciprocating internal combustion
engines, also known as compression ignition engines. Amendments to this
rule were finalized on January 14, 2013 (78 FR 6674). EPA estimated
that when this rule is fully implemented in 2013, NOX and
VOC emissions from these engines will be reduced by approximately 9,600
and 36,000 tons per year, respectively.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896), EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
apply beginning in 2011, and are expected to result in a 15 to 25
percent reduction in NOX emissions from these engines. Final
Tier 3 emission standards apply beginning in 2016 and are expected to
result in approximately an 80 percent reduction in NOX from
these engines.
Clean Air Interstate Rule (CAIR)/Cross-State Air Pollution Rule
(CSAPR). CAIR created regional cap-and-trade programs to reduce
SO2 and NOX emissions in 28 eastern states,
including Kentucky, that contributed to downwind nonattainment and
maintenance of the 1997 8-hour ozone NAAQS and the 1997
PM2.5 NAAQS. See 70 FR 25162 (May 12, 2005). In 2008, the
United States Court of Appeals for the District of Columbia Circuit
(D.C. Circuit) initially vacated CAIR in North Carolina v. EPA, 531
F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA
without vacatur in North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C.
Cir. 2008) to preserve the environmental benefits provided by CAIR. On
August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA
promulgated CSAPR to replace CAIR and thus to address the interstate
transport of emissions contributing to nonattainment and interfering
with maintenance of the two air quality standards covered by CAIR as
well as the 2006 PM2.5 NAAQS. CSAPR requires substantial
reductions of SO2 and NOX emissions from electric
generating units (EGUs) in 28 states in the Eastern United States.
Numerous parties filed petitions for review of CSAPR, and on August
21, 2012, the D.C. Circuit vacated and remanded CSAPR to EPA. EME Homer
City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The
United States Supreme Court reversed the D.C. Circuit's decision on
April 29, 2014, and remanded the case to the D.C. Circuit to resolve
remaining issues in accordance with the high court's ruling. EPA v. EME
Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the
D.C. Circuit affirmed CSAPR in most respects, but invalidated without
vacating some of the Phase 2 SO2 and ozone-season
NOX CSAPR budgets as to a number of states.\16\ EME Homer
City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015). This
litigation ultimately delayed implementation of CSAPR for three years,
from January 1, 2012, when CSAPR's cap-and-trade programs were
originally scheduled to replace the CAIR cap-and-trade programs, to
January 1, 2015. Thus, the rule's Phase 2 budgets were originally
promulgated to begin on January 1, 2014, and are now scheduled to begin
on January 1, 2017.
---------------------------------------------------------------------------
\16\ The court's decision did not affect Kentucky's CSAPR
budgets.
---------------------------------------------------------------------------
On September 17, 2016, EPA finalized an update to the CSAPR ozone
season program. See 81 FR 74504 (October 26, 2016). The update
addresses summertime transport of ozone pollution in the eastern United
States that crosses state lines to help downwind states and communities
meet and maintain the 2008 8-hour ozone NAAQS and addresses the
remanded Phase 2 ozone season NOX budgets. The update
withdraws these remanded NOX budgets, sets new Phase 2 CSAPR
ozone season NOX emissions budgets for eight of the eleven
states with remanded budgets, and removes the other three states from
the CSAPR ozone season NOX trading program.\17\
---------------------------------------------------------------------------
\17\ See 81 FR 74504 for further discussion.
---------------------------------------------------------------------------
While the reduction in NOX emissions from the
implementation of CSAPR will result in lower concentrations of
transported ozone entering the Area throughout the maintenance period,
EPA is proposing to approve the redesignation of the Kentucky portion
of the Area without relying on those measures within Kentucky as having
led to attainment of the 2008 ozone NAAQS or contributing to
maintenance of that standard. The improvement in ozone air quality in
the Area from 2011 (a year when the design value for the area was above
the NAAQS) to 2014 (a year when the design value was below the NAAQS)
is not due to CSAPR emissions reductions because, as noted above, CSAPR
did not go into effect until January 1, 2015, after the Area was
already attaining the standard. As a general matter, because CSAPR is
CAIR's replacement, emissions reductions associated with CAIR will for
most areas be made permanent and enforceable through implementation of
CSAPR. In addition, EPA has preliminarily determined that the vast
majority of reductions in emissions in the Kentucky portion of the Area
from 2011-2014 were due to permanent and enforceable reductions in
mobile source
[[Page 20305]]
VOC and NOX emissions. EPA found that mobile source
emissions reductions account for 100 percent of the total
NOX reductions and 92 percent of the VOC reductions within
the Kentucky portion of the Area over this time period. NOX
and VOC emissions in the Kentucky portion of the Area are projected to
continue their downward trend throughout the maintenance period, driven
primarily by mobile source measures. From 2014 to 2030, Kentucky
projected that mobile source measures will account for 95 percent of
the NOX emissions reductions and 85 percent of the VOC
reductions in the Kentucky portion of the Area based on EPA-approved
mobile source modeling.
EPA proposes to find that the improvements in air quality in the
Cincinnati-Hamilton, OH-KY-IN Area are due to real, permanent and
enforceable reductions in NOX and VOC emissions. This
preliminary determination is supported by the evaluation of emissions
reductions in the Area between 2011 and 2014 discussed above.
Criteria (4)--The Kentucky portion of the Cincinnati-Hamilton, OH-
KY-IN Area has a fully approved maintenance plan pursuant to section
175A of the CAA.
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
Kentucky portion of the Area to attainment for the 2008 8-hour ozone
NAAQS, Kentucky submitted a SIP revision to provide for the maintenance
of the 2008 8-hour ozone NAAQS for at least 10 years after the
effective date of redesignation to attainment. EPA has made the
preliminary determination that this maintenance plan meets the
requirements for approval under section 175A of the CAA.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as EPA deems necessary to assure prompt correction
of any future 2008 8-hour ozone violations. The Calcagni Memorandum
provides further guidance on the content of a maintenance plan,
explaining that a maintenance plan should address five requirements:
The attainment emissions inventory, maintenance demonstration,
monitoring, verification of continued attainment, and a contingency
plan. As discussed more fully below, EPA has preliminarily determined
that Kentucky's maintenance plan includes all the necessary components
and is thus proposing to approve it as a revision to the Kentucky SIP.
b. Attainment Emissions Inventory
As discussed above, EPA has determined that the Cincinnati-
Hamilton, OH-KY-IN Area has attained the 2008 8-hour ozone NAAQS based
on quality-assured monitoring data for the 3-year period from 2012-2014
and is continuing to attain the standard based on 2013-2015 data. See
81 FR 26697 (May 4, 2016); 81 FR 91035 (December 16, 2016). Kentucky
selected 2014 as the attainment year (i.e., attainment emissions
inventory year) for developing a comprehensive emissions inventory for
NOX and VOC, for which projected emissions could be
developed for 2017, 2020, 2025, and 2030. The attainment inventory
identifies a level of emissions in the Area that is sufficient to
attain the 2008 8-hour ozone NAAQS. Kentucky began development of the
attainment inventory by first generating a baseline emissions inventory
for the Commonwealth's portion of the Area.\18\ The projected summer
day emission inventories have been estimated using projected rates of
growth in population, traffic, economic activity, and other parameters.
In addition to comparing the final year of the plan (2030) to the
attainment year (2014), Kentucky compared interim years to the
attainment year to demonstrate that these years are also expected to
show continued maintenance of the 2008 8-hour ozone standard.
---------------------------------------------------------------------------
\18\ Kentucky used the 2011 inventory described above in Section
V.A. as its baseline emissions inventory.
---------------------------------------------------------------------------
The emissions inventory is composed of four major types of sources:
Point, area, on-road mobile, and non-road mobile.\19\ Complete
descriptions of how the inventories were developed are located in
Appendix C through Appendix E of the August 26, 2016 submittal, which
can be found in the docket for this action. Point source emissions are
tabulated from data collected by direct on-site measurements of
emissions or from mass balance calculations utilizing approved emission
factors. For each projected year's inventory, point sources are
adjusted by growth factors based on Standard Industrial Classification
codes generated using growth patterns obtained from County Business
Patterns. For title V sources, the actual 2011 emissions were used.
---------------------------------------------------------------------------
\19\ As discussed in Section V.A., the emissions inventories in
Kentucky's submission identify aircraft emissions as a standalone
category and refer to these emissions as ``air emissions'' for
consistency with the inventories provided by Indiana and Ohio for
their respective portions of the Area. EPA has included these
emissions within the point source category per the AERR.
---------------------------------------------------------------------------
For area sources, emissions are estimated by multiplying an
emission factor by some known indicator of collective activity such as
production, number of employees, or population. For each projected
year's inventory, area source emissions are changed by population
growth, projected production growth, or estimated employment growth.
Non-road mobile sources include vehicles, engines, and equipment
used for construction, agriculture, recreation, and other purposes that
do not use roadways (e.g., lawn mowers, construction equipment, and
railroad locomotives). IDEM provided non-road mobile source emissions
data for each county in the Area. Data was obtained from the Ozone
NAAQS Emissions Modeling Platform (2011 v6.1).
For on-road mobile sources, EPA's MOVES2014 mobile model was run to
generate emissions. The MOVES2014 model includes the road class vehicle
miles traveled (VMT) as an input file and can directly output the
estimated emissions. For each projected year's inventory, the on-road
mobile sources emissions are calculated by running the MOVES mobile
model for the future year with the projected VMT to generate emissions
that take into consideration expected federal tailpipe standards, fleet
turnover, and new fuels.
The 2014 NOX and VOC emissions for the Kentucky portion
of the Area, as well as the emissions for other years, were developed
consistent with EPA guidance and are summarized in Tables 4 and 5 of
the following subsection discussing the maintenance demonstration. See
Appendix C through Appendix E of the August 26, 2016, submission for
more detailed information on the emissions inventory.
[[Page 20306]]
c. Maintenance Demonstration
The maintenance plan associated with the redesignation request
includes a maintenance demonstration that:
(i) Shows compliance with and maintenance of the 2008 8-hour ozone
NAAQS by providing information to support the demonstration that
current and future emissions of NOX and VOC remain at or
below 2014 emissions levels.
(ii) Uses 2014 as the attainment year and includes future emissions
inventory projections for 2017, 2020, 2025, and 2030.
(iii) Identifies an ``out year'' at least 10 years after the time
necessary for EPA to review and approve the maintenance plan. Per 40
CFR part 93, NOX and VOC MVEBs were established for the last
year (2030) of the maintenance plan (see section VI below). Kentucky,
in consultation with the interagency partners,\20\ has elected to also
establish an interim MVEB for the year 2020.
---------------------------------------------------------------------------
\20\ Interagency partners consist of the Ohio-Kentucky-Indiana
Regional Council of Governments Metropolitan Planning Organization
(MPO), Kentucky Energy and Environment Cabinet, Kentucky
Transportation Cabinet, EPA, Federal Highway Administration, and
Federal Transit Administration.
---------------------------------------------------------------------------
(iv) Provides projected emissions inventories for the Kentucky
portion of the Area, as shown in Tables 4 and 5, below.
Table 4--Projected Average Summer Day NOX Emissions (tsd) for the Kentucky Portion of the Area
----------------------------------------------------------------------------------------------------------------
Sector 2014 2017 2020 2025 2030
----------------------------------------------------------------------------------------------------------------
Point........................... 9.62 9.97 10.33 9.61 8.98
Area............................ 1.94 1.94 1.94 1.95 1.95
Non-road........................ 1.84 1.47 1.26 1.03 0.8
On-road......................... 14.04 10.13 6.19 4.45 2.69
-------------------------------------------------------------------------------
Total....................... 27.44 23.51 19.72 17.04 14.42
----------------------------------------------------------------------------------------------------------------
Table 5--Projected Average Summer Day VOC Emissions (tsd) for the Kentucky Portion of the Area
----------------------------------------------------------------------------------------------------------------
Sector 2014 2017 2020 2025 2030
----------------------------------------------------------------------------------------------------------------
Point........................... 2.88 2.89 2.89 2.69 2.47
Area............................ 6.25 6.04 5.94 5.87 5.80
Non-road........................ 2.19 1.88 1.75 1.69 1.64
On-road......................... 6.50 5.03 3.54 2.77 1.98
-------------------------------------------------------------------------------
Total....................... 17.82 15.84 14.12 13.02 11.89
----------------------------------------------------------------------------------------------------------------
Tables 4 and 5 summarize the 2014 and future projected emissions of
NOX and VOC from the Kentucky portion of the Area. In
situations where local emissions are the primary contributor to
nonattainment, such as the Cincinnati-Hamilton, OH-KY-IN Area, if the
future projected emissions in the nonattainment area remain at or below
the baseline emissions in the nonattainment area, then the ambient air
quality standard should not be exceeded in the future. Kentucky has
projected emissions as described previously and determined that
emissions in the Kentucky portion of the Area will remain below those
in the attainment year inventory for the duration of the maintenance
plan.
As discussed in section VI of this proposed rulemaking, a safety
margin is the difference between the attainment level of emissions
(from all sources) and the projected level of emissions (from all
sources) in the maintenance plan. The attainment level of emissions is
the level of emissions during one of the years in which the Area met
the NAAQS. Kentucky selected 2014 as the attainment emissions inventory
year for the Kentucky portion of the Area. Kentucky calculated safety
margins in its submittal for years 2020 and 2030.
The Commonwealth has decided to allocate 15 percent of the
available safety margin to the 2020 and 2030 MVEBs to allow for
unanticipated growth in VMT, changes and uncertainty in vehicle mix
assumptions, etc., that will influence the emission estimations. The
MVEBs and safety margins are discussed further in Section VI of this
proposed rulemaking.
d. Monitoring Network
There are eleven monitors measuring ozone in the Cincinnati-
Hamilton, OH-KY-IN Area, of which two are located in the Kentucky
portion of the Area. In its maintenance plan, Kentucky has committed to
continue operation of the monitors in the Kentucky portion of the Area
in compliance with 40 CFR part 58 and has thus addressed the
requirement for monitoring. EPA approved Kentucky's monitoring plan on
October 25, 2016.
e. Verification of Continued Attainment
The Commonwealth of Kentucky, through DAQ, has the legal authority
to enforce and implement the maintenance plan for the Kentucky portion
of the Area. This includes the authority to adopt, implement, and
enforce any subsequent emissions control contingency measures
determined to be necessary to correct future ozone attainment problems.
The Commonwealth has committed to track the progress of the maintenance
plan by updating its emissions inventory at least once every three
years and reviewing the updated emissions inventories for the Area
using the latest emissions factors, models, and methodologies.
Under the AERR, DAQ is required to develop a comprehensive, annual,
statewide emissions inventory every three years that is due twelve to
eighteen months after the completion of the inventory year. The AERR
inventory years match the base year and final year of the inventory for
the maintenance plan, and are within one or two years of the interim
inventory years of the maintenance plan. DAQ commits to compare the
AERR inventories to the 2011 base year and 2030 projected maintenance
year inventories to assess emissions trends, as necessary, and to
assure continued compliance with the 2008 8-hour ozone NAAQS in the
Area.
[[Page 20307]]
f. Contingency Measures in the Maintenance Plan.
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. A state
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must include a requirement that a state will implement all measures
with respect to control of the pollutant that were contained in the SIP
before redesignation of the area to attainment in accordance with
section 175A(d).
As required by section 175A of the CAA, Kentucky has adopted a
contingency plan to address possible future 8-hour ozone air quality
problems. In the event that a measured value of the fourth highest
maximum is 0.079 ppm or greater in any portion of the Area in a single
ozone season, or if periodic emissions inventory updates reveal
excessive or unanticipated growth greater than ten percent in ozone
precursor emissions in the Area, the Commonwealth will conduct a study
to determine whether the ozone value indicates a trend toward higher
ozone values or whether the trend, if any, is likely to continue, and
if so, the control measures necessary to reverse the trend.
Implementation of necessary controls will take place as expeditiously
as practicable and no later than 12 months from the conclusion of the
most recent ozone season.
In the event that a two-year average of the fourth highest maximum
values at a monitor in the Area is 0.076 ppm or greater and is not due
to exceptional event, malfunction, or noncompliance with a permit
condition or rule requirement, Kentucky, along with the metropolitan
planning organization or regional council of governments, will
determine additional control measures needed to assure future
attainment of the ozone NAAQS. Measures that can be implemented in a
short time will be selected in order to be in place within 18 months
from the close of the ozone season.
In the event of a monitored violation of the 1997 8-hour ozone
NAAQS in the Area, Kentucky commits to adopt one or more of the
following contingency measures to re-attain the standard: \21\
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\21\ If the Commonwealth adopts a voluntary emission reduction
measure as a contingency measure necessary to attain or maintain the
NAAQS, EPA will evaluate approvability in accordance with relevant
Agency guidance regarding the incorporation of voluntary measures
into SIPs. See, e.g., Memorandum from Richard D. Wilson, Acting
Administrator for Air and Radiation, to EPA Regional Administrators
re: Guidance on Incorporating Voluntary Mobile Source Emission
Reduction Programs in State Implementation Plans (SIPs) (October 24,
1997); EPA, Office of Air and Radiation, Incorporating Emerging and
Voluntary Measures in a State Implementation Plan (SIP)(September
2004).
---------------------------------------------------------------------------
Implementation of a program to require additional
emissions reductions on stationary sources;
Implementation of fuel programs, including incentives for
alternative fuels;
Restriction of certain roads or lanes to, or construction
of such roads or lanes for use by, passenger buses or high-occupancy
vehicles;
Trip-reduction ordinances;
Employer-based transportation management plans, including
incentives;
Programs to limit or restrict vehicle use in downtown
areas, or other areas of emissions concentration, particularly during
periods of peak use;
Programs for new construction and major reconstructions of
paths or tracks for use by pedestrians or by non-motorized vehicles
when economically feasible and in the public interest.
Kentucky may implement other contingency measures if new control
programs should be developed and deemed more advantageous for the Area.
Prior to the implementation of any contingency measure not listed, the
Commonwealth will solicit input from all interested and affected
parties in the Area. Kentucky will adopt and implement contingency
measures as quickly as possible, and no later than 18 months after the
monitored violation. The Commonwealth will not implement a contingency
measure without approval from EPA.
EPA preliminarily concludes that the maintenance plan adequately
addresses the five basic components of a maintenance plan: The
attainment emissions inventory, maintenance demonstration, monitoring,
verification of continued attainment, and a contingency plan.
Therefore, EPA proposes that the maintenance plan SIP revision
submitted by Kentucky for the Commonwealth's portion of the Area meets
the requirements of section 175A of the CAA and is approvable.
VI. What is EPA's analysis of Kentucky's proposed NOX and
VOC MVEBs for the Kentucky portion of the area?
Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment demonstration
requirements) and maintenance plans create MVEBs (or in this case sub-
area MVEBs) for criteria pollutants and/or their precursors to address
pollution from cars and trucks. Per 40 CFR part 93, a MVEB must be
established for the last year of the maintenance plan. A state may
adopt MVEBs for other years as well. The MVEB is the portion of the
total allowable emissions in the maintenance demonstration that is
allocated to highway and transit vehicle use and emissions. See 40 CFR
93.101. The MVEB serves as a ceiling on emissions from an area's
planned transportation system. The MVEB concept is further explained in
the preamble to the November 24, 1993, Transportation Conformity Rule
(58 FR 62188). The preamble also describes how to establish the MVEB in
the SIP and how to revise the MVEB. Under 40 CFR 93.101, the term
safety margin is the difference between the attainment level (from all
sources) and the projected level of emissions (from all sources) in the
maintenance plan. The
[[Page 20308]]
safety margin can be allocated to the transportation sector; however,
the total emissions must remain below the attainment level. The
NOX and PM2.5 MVEBs and allocation from the
safety margin were developed in consultation with the transportation
partners and were added to account for uncertainties in population
growth, changes in model vehicle miles traveled, and new emission
factor models.
As part of the interagency consultation process on setting MVEBs,
DAQ held discussions with interagency partners to determine what years
to set MVEBs for the Kentucky portion of the Area. As noted above, a
maintenance plan must establish MVEBs for the last year of the
maintenance plan (in this case, 2030). See 40 CFR 93.118.
Kentucky chose to allocate 15 percent of the available safety
margin to the NOX and VOC MVEBs for years 2020 and 2030.\22\
See Table 6. As discussed above, Kentucky has selected 2014 as the base
year. The projected on-road emissions of NOX and VOC for
2020 and 2030 are shown in Tables 7 and 8 for the Kentucky portion of
the Area. Table 9 provides the NOX and VOC MVEBs for 2020
and 2030.
---------------------------------------------------------------------------
\22\ See pp. 22-34 of Kentucky's submittal for further
information regarding the safety margin allocation.
Table 6--Fifteen Percent Safety Margin Allocation for the Kentucky Portion of the Cincinnati-Hamilton, OH-KY-IN
Area
[tsd]
----------------------------------------------------------------------------------------------------------------
2020 Safety 2030 Safety
2020 Safety margin 2030 Safety margin
margin allocation margin allocation
----------------------------------------------------------------------------------------------------------------
NOX............................................. 7.72 1.16 13.02 1.95
VOC............................................. 3.77 0.56 6.00 0.89
----------------------------------------------------------------------------------------------------------------
Table 7--On-Road NOX Emissions (tsd) for the Kentucky Portion of the Area
----------------------------------------------------------------------------------------------------------------
County 2014 2017 2020 2025 2030
----------------------------------------------------------------------------------------------------------------
Boone........................... 5.46 3.94 2.41 1.73 1.05
Campbell........................ 3.41 2.46 1.50 1.08 0.65
Kenton.......................... 5.17 3.73 2.28 1.64 0.99
-------------------------------------------------------------------------------
Total....................... 14.04 10.13 6.19 4.45 2.69
----------------------------------------------------------------------------------------------------------------
Table 8--On-Road VOC Emissions (tsd) for the Kentucky Portion of the Area
----------------------------------------------------------------------------------------------------------------
County 2014 2017 2020 2025 2030
----------------------------------------------------------------------------------------------------------------
Boone........................... 2.53 1.96 1.38 1.08 0.77
Campbell........................ 1.58 1.22 0.86 0.67 0.48
Kenton.......................... 2.39 1.85 1.30 1.02 0.73
-------------------------------------------------------------------------------
Total....................... 6.05 5.03 3.54 2.77 1.98
----------------------------------------------------------------------------------------------------------------
Table 9--MVEBs for the Kentucky Portion of the Area
[tsd]
----------------------------------------------------------------------------------------------------------------
2020 2030
---------------------------------------------------------------
NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
Projected On-Road Emissions..................... 6.19 3.54 2.69 1.98
Portion of the Safety Margin Allocated to MVEB.. 1.16 0.56 1.95 0.89
Conformity MVEB................................. 7.35 4.10 4.64 2.87
----------------------------------------------------------------------------------------------------------------
Through this rulemaking, EPA is proposing to approve the MVEBs for
NOX and VOC for 2020 and 2030 for the Kentucky portion of
the Area because EPA has preliminarily determined that the Area
maintains the 2008 8-hour ozone NAAQS with the emissions at the levels
of the budgets. If the MVEBs for the Kentucky portion of the Area are
approved or found adequate (whichever is completed first), they must be
used for future conformity determinations.
VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for the Kentucky portion of the
area?
When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA may affirmatively find the MVEB contained
therein adequate for use in determining transportation conformity. Once
EPA affirmatively finds the submitted MVEB is adequate for
transportation conformity purposes, that MVEB must be used by state and
federal agencies in determining whether proposed transportation
projects conform to the SIP as required by section 176(c) of the CAA.
[[Page 20309]]
EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission,
a public comment period, and EPA's adequacy determination. This process
for determining the adequacy of submitted MVEBs for transportation
conformity purposes was initially outlined in EPA's May 14, 1999,
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' EPA adopted regulations to codify the
adequacy process in the Transportation Conformity Rule Amendments for
the ``New 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional
information on the adequacy process for transportation conformity
purposes is available in the proposed rule entitled, ``Transportation
Conformity Rule Amendments: Response to Court Decision and Additional
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Kentucky's maintenance plan includes
NOX and VOC MVEBs for the Kentucky portion of the Area for
an interim year (2020) and the last year of the maintenance plan
(2030). EPA is reviewing the NOX and VOC MVEBs through the
adequacy process described in Section I.
EPA intends to make its determination on the adequacy of the 2020
and 2030 MVEBs for the Kentucky portion of the Area for transportation
conformity purposes in the near future by completing the adequacy
process that was started on December 6, 2016. If EPA finds the 2020 and
2030 MVEBs adequate or approves them, the new MVEBs for NOX
and VOC must be used for future transportation conformity
determinations. For required regional emissions analysis years that
involve 2020 through 2029, the 2020 MVEBs would then be used, and for
years 2030 and beyond, the applicable budgets would be the new 2030
MVEBs established in the maintenance plan.
VIII. What is the effect of EPA's proposed actions?
EPA's proposed actions establish the basis upon which EPA may take
final action on the issues being proposed for approval today. Approval
of Kentucky's redesignation request would change the legal designation
of the portions of Boone, Campbell, and Kenton Counties that are within
the Cincinnati-Hamilton, OH-KY-IN Area, as found at 40 CFR part 81,
from nonattainment to attainment for the 2008 8-hour ozone NAAQS.
Approval of Kentucky's associated SIP revision would also incorporate a
plan for maintaining the 2008 8-hour ozone NAAQS in the Area through
2030 and a section 182(a)(1) base year emissions inventory for the Area
into the Kentucky SIP. The maintenance plan establishes NOX
and VOC MVEBs for 2020 and 2030 for the Kentucky portion of the Area
and includes contingency measures to remedy any future violations of
the 2008 8-hour ozone NAAQS and procedures for evaluation of potential
violations.
IX. Proposed Actions
EPA is proposing to: (1) Approve Kentucky's 2011 base year
emissions inventory for the Kentucky portion of the Area as meeting the
requirements of 182(a)(1) and incorporate this inventory into the SIP;
(2) approve the maintenance plan for the Kentucky portion of the Area,
including the NOX and VOC MVEBs for 2030, and incorporate it
into the Kentucky SIP; and (3) approve Kentucky's redesignation request
for the 2008 8-hour ozone NAAQS for the Area. Further, as part of this
proposed action, EPA is describing the status of its adequacy
determination for the NOX and VOC MVEBs for 2020 and 2030 in
accordance with 40 CFR 93.118(f)(2). If EPA finds the 2020 and 2030
MVEBs adequate or approves them the transportation partners will need
to demonstrate conformity to the new NOX and VOC MVEBs
pursuant to 40 CFR 93.104(e)(3) within 24 months from the effective
date of EPA's adequacy determination for the MVEBs or the publication
date for the final rule for this action, whichever is earlier.
If finalized, approval of the redesignation request would change
the official designation of the portions of Boone, Campbell, and Kenton
Counties that are within the Cincinnati-Hamilton, OH-KY-IN Area, as
found at 40 CFR part 81, from nonattainment to attainment for the 2008
8-hour ozone NAAQS.
X. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these proposed actions merely propose to approve state law
as meeting federal requirements and do not impose additional
requirements beyond those imposed by state law. For this reason, these
proposed actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
[[Page 20310]]
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 29, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-08643 Filed 4-28-17; 8:45 am]
BILLING CODE 6560-50-P
